Georgia Contractor Licensing Law

Georgia Code · 137 sections

The following is the full text of Georgia’s contractor licensing law statutes as published in the Georgia Code. For the official version, see the Georgia Legislature.

Ga. Comp. R. & Regs. r 120-3-10-.03

(1) Requirements for License or Permit (a) A License issued by the State Fire Marshal shall be required for the following: 1. For the manufacture of any explosives and blasting agents. 2. To purchase, to offer for sale, sell, give away or otherwise convey, transport, store, possess, or use (except as authorized for use under a Permit) any explosives or blasting agents, including commercial stocks and the commercial use of smokeless propellant, black powder, and small arms primers. 3. To maintain any facility for unloading, reloading, or transshipment of explosives or blasting agents. (b) Any individual that is issued a license pursuant to these Rules and Regulations is not exempt from obtaining any other license or permit that may be required by other government agencies. (c) A Permit issued by the judge of the probate court or designated county official shall be valid under the following conditions: 1. A Permit shall be valid only for personal use and shall not be issued to individuals to conduct commercial blasting or blasting for profit. Commercial blasting or blasting for profit activities requires a license issued by the State Fire Marshal's Office. 2. A Permit shall be valid only for a single transaction and shall only be used in the county where the permit is issued. 3. A Permit shall be valid only for a single transaction and does not authorize storage or transportation. All explosives listed on the Permit must be purchased at one time and used on the day of purchase or returned to the vendor the same day. 4. Explosives purchased under a Permit shall be transported only by an explosives license holder authorized for the transportation of explosives. (d) The following shall be exempt from License or Permit requirements: 1. Any person may purchase without license or permit and keep on hand for their personal use smokeless propellant powder and small arms primers for hand loading small arms ammunition. 2. All persons or entities moving explosives and blasting agents under the jurisdiction of the Federal Department of Transportation. 3. All members and organizations of the armed forces of the United States or of this state or any of the several states and personnel assigned or attached to such agencies when acting in an official capacity. 4. All law enforcement, fire services and emergency management and regulatory agencies of this State, the United States or any of several states and personnel assigned or attached to such agencies when acting in their official capacity. 5. All persons or entities using explosive materials in medicines and medicinal agents in forms prescribed by the most recent edition of the official United States Pharmacopoeia or the National Formulary. 6. Any individual, who is otherwise authorized to possess explosives pursuant to Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, may transport explosives within the State of Georgia without license or permit required by these Rules provided that the point of origin of the shipment was outside the State of Georgia and the transportation of such explosives is in compliance with the regulations governing the transportation of explosives issued by the United State Department of Transportation. 7. Any individual, who is otherwise authorized to possess explosives pursuant to Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, may purchase and possess for sporting, recreational or cultural purposes: (i) Not more than 50 pounds of commercially manufactured black powder, (ii) Percussion caps, safety and pyrotechnic fuses, quills and slow matches, or friction primers.

(2) License and permit fees: (a) License fees and Permit fees shall be in accordance with Chapter 2 of Title 25 of the Official Code of Georgia annotated, Section 25-2-4.1 , and shall be attached to the application and made payable to the Commissioner.

(3) Application for License, Competency Certificate or Permit: (a) Application for License: 1. The applicant for a license shall, at his or her own expense, furnish the State Fire Marshal with such information as the State Fire Marshal may require. 2. Any Applicant requesting a license shall make application in an approved format to the State Fire Marshal. The Applicant will designate the Responsible Persons in the application. 3. An application to transport, or which includes transportation of explosives and blasting agents, shall be accompanied by an affidavit that the vehicles to be used to transport have been inspected by a qualified person and found to be in safe condition and in compliance with these regulations. Such inspection may be performed by a certified mechanic, an automotive repair or service garage or similarly recognized inspection stations. 4. An application for license for all permanent explosives storage facilities having quantities exceeding 500 pounds shall be accompanied by complete plans and specifications. Plans and specifications shall be submitted in duplicate to and receive approval by the State Fire Marshal before installation is started. Such plans shall be drawn to scale and be of sufficient detail and clarity as necessary to indicate the nature and character of the proposal and its compliance with this Chapter. One set of the plans shall be retained by the State Fire Marshal and one copy shall be returned to the applicant with the 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 State Fire Marshal. Pursuant to O.C.G.A. Section 25-2-4.1 , the plans shall be accompanied with the mandatory plan review fee payable to the Commissioner. The plans shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Safety Fire Commissioner or his designee. 5. An applicant for a license or for designation as a Responsible Person shall be subject to the following conditions: (i) Shall be subject to a criminal records check. (ii) Shall not have been convicted of a felony. (iii) The Responsible Person shall submit a negative drug screen. 6. An applicant for a license or for designation as a Responsible Person must be 21 years of age and shall not be addicted to the use of, have a history of, or be under the influence of intoxicants, narcotics, controlled substances or other dangerous drugs. 7. Responsible Persons shall provide information to indicate that they have training experience and/or a working knowledge of the safe use of explosives. 8. All applicants for a license or for designation as Responsible Persons shall certify that they are familiar with Chapter 120-3-10 of the Commissioner's Rules and Regulations and NFPA 495. 9. All Applicants for a license shall provide documentation of explosives licenses issued by federal authorities, such as the Bureau of Alcohol, Tobacco and Firearms, or by other states. 10. All Applicants for a license shall list on the application the field(s) of blasting or other use of explosives in which the licensee is to engage. All commercial explosive licenses to use explosives will be issued by the Commissioner in the following specified field(s): (i) Construction, (ii) Surface Mining, (iii) Underground Mining. (iv) Special Effects 11. All Responsible Persons shall submit to the Commissioner a notarized certification denoting the specific explosive/blasting field in which he or she has successfully been trained or certified. 12. All Responsible Persons shall obtain, and subsequently retain, a "Competency Card"issued by the Commissioner. The "Competency Card"issued by the Commissioner shall clearly state the blasting field or fields in which the licensee for Responsible Person has been licensed or approved to perform. There will be four levels of certification recognized by the State Fire Marshal's Office. (i) Level I - Entry level that includes laborers and Bulk Truck Drivers requiring background check and drug testing. (ii) Level II - Meet Level I requirements and completion of approved curricula. (iii) Level III - Meet Level II requirements and three years experience in a specific field of blasting. (iv) Special Effects - Requires that the applicant provide evidence of actual experience in the safe handling and use of explosives for the purpose of creating audible and visual effects for the entertainment industry. This level shall not authorize the use of explosives, fireworks, or pyrotechnics before a proximate audience or within any building or structure. The use of any explosives, fireworks, or pyrotechnics before a proximate audience or within any building or structure requires a license issued pursuant to Rules and Regulations of the Safety Fire Commissioner, Chapter 120-3-22. (v) The Commissioner will recognize the following curricula, and other equivalent program(s) approved by the Commissioner as minimum requirements for competency training: (I) I.S.E.E. Level 1, Blasting Fundamentals, which should include all Federal, State and local regulations, (II) the Surface Blaster Competency Study Course approved by the Georgia Construction Aggregate Association, (III) the Certification program developed by the Dimensional Stone Industry or, (IV) other programs approved by the Commissioner or his/her designee. (V) Any individual possessing a Level III Competency Certification will be required to take continuing education courses approved by the Commissioner and shall take no less than eight (8) hours every two (2) years. (VI) Exception to Certification: Applicants for permits to use 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 that is not within 750 feet of an occupied structure or roadway. 13. Every Responsible Person must be able to produce a "Competency Card"upon demand of the Commissioner or his or her representative or by any local authority having jurisdiction over blasting activities. (i) All applications for licensure for designation as a Responsible Person submitted by an applicant shall include in the application, and the annual renewal application, the full name, date of birth, social security number, and address of the applicant or Responsible Person, photo and address of the applicant, including a one (1) inch horizontal by one and one fourth (11/4) inch vertical photograph with the licensee's or Responsible Person's signature below the photograph. The name of the licensee employing the Responsible Person and employer's business name shall be shown on the application. The application shall indicate such additional information as may be required by the Commissioner or by these rules and regulations. Photographs shall be required and submitted every four years thereafter following the initial date or update of the issuance of a "Competency Card". (ii) Those exemptions as are established in Chapter 120-3-10 of the Rules of the Safety Fire Commissioner and Chapter 7 of Title 16 of the Official Code of Georgia Annotated shall apply. (b) Fire Marshal's action on application for License: 1. Upon receipt of an application for license and before the license is issued, the State Fire Marshal may make, or cause to be made, an investigation for the purpose of ascertaining if all requirements of these rules and regulations have been met by the applicant. 2. If the results of the investigation of the State Fire Marshal are found to be in conformity with the requirements of these rules and regulations, the State Fire Marshal shall issue the license upon the payment of the proper fee therefore. (c) Posting or Availability of License or Permit: 1. Any license or permit issued shall be posted in a location so that the State Fire Marshal, his representatives and inspectors, or any other authorized person may examine it. Such posting may be in the storage facilities, office area and storage magazines. A license issued to a person without fixed storage facilities shall be available at the operation location. 2. A copy of a license issued pursuant to these Rules that authorizes an individual to transport explosives shall be in the possession of the driver of the vehicle. 3. Any facility that is licensed or permitted pursuant to these Rules is subject to inspection by the State Fire Marshal's Office or their representatives, or any law enforcement or fire service official at any time. 4. A Photostat or mechanically reproduced copy of any license or permit may be used for these purposes. (d) Presenting Evidence of License or Permit: 1. The license or permit issued shall be presented to vendors or other persons selling or otherwise conveying explosives and blasting agents to the license or permit holder. A Photostat or mechanically reproduced copy of the license may be used for this purpose. (e) Application for Permit: 1. The applicant for a permit to purchase for use and use only explosives or blasting agents shall make application to the judge of the probate court or designated elected county official in writing on a form provided by the judge of the probate court or designated elected county official or its equivalent. Full identification of the applicant shall be made to the official to whom application is made and shall be subject to the following: (i) The applicant shall be subject to a criminal records check. (ii) The applicant shall not have been convicted of a felony. (iii) The applicant shall certify that he or she has a working knowledge of the safe use of explosives and is familiar with the Rules and Regulations of the Commissioner Chapter 120-3-10 and NFPA 495. (iv) The applicant shall certify that the permit will not be used by individuals who conduct commercial blasting or blasting for profit. (v) The applicant shall be at least 21 years of age and shall not be addicted to the use of or under the influence of intoxicants, narcotics, controlled substances or other dangerous drugs. (f) Judge of the Probate Court or Designated Elected County Official's action on application for Permit: 1. Upon receipt of a duly executed application for a permit to purchase for use, and use only, the judge of the probate court or designated elected county official shall ascertain to his or her satisfaction that the applicant is the true party named in the application, and if satisfied, he or she may grant and issue the permit. Permits will be issued in quintuplicate, one copy for the issuing officer's files, three copies to the applicant including the original, and one copy for forwarding to the State Fire Marshal. The judge of the probate court or designated elected county official may withhold a permit from any individual when he or she deems issuing such a permit not in the best interest of public safety or security. 2. Explosives and blasting agents are to be used only in the county that the permit is issued. 3. This permit does not authorize storage or transportation. 4. No later than the 10th of each month, the judge of the probate court or designated elected county official will provide the State Fire Marshal's Office documentation of all permits that were issued and returned during the previous month.

(4) Records: (a) All persons required by these rules and regulations to obtain a license from the State Fire Marshal shall keep an accurate record of all explosives and blasting agents purchased, received, sold, delivered, on hand, used, or otherwise disposed of. Records shall be clear and legible. Records shall be maintained for a minimum period of three years as follows: 1. For distributors, dealers, persons giving away or otherwise conveying explosives and blasting agents, including salesmen where delivery is direct from out of the State and no other record of such a sale is maintained in Georgia, the records shall include at least the following: (i) The date of sale or transaction. (ii) The name of person purchasing and/or receiving explosives and blasting agents. (iii) The license or permit number of the person purchasing or receiving explosives and blasting agents, unless the recipient is exempt from requiring a license or permit, in which case the person must be clearly identified by name and agency to show exempt status and the record or sales slip shall be signed by that person. (iv) The quantity and description of explosives and blasting agents sold or otherwise disposed of. (v) The location of the operation where explosives and blasting agents are to be stored, used, delivered to, or otherwise disposed of. 2. For users and other persons possessing and/or storing explosives and blasting agents, the records shall include at least the following: (i) The date of receipt of explosives and blasting agents. (ii) The quantity and description of explosives and blasting agents received. (iii) The date of use or other disposal of explosives and blasting agents and quantity used or disposed of. (b) Handling of Explosives Permits: 1. Any person who sells, gives away, delivers, or otherwise disposes of or conveys explosives and blasting agents to another person who presents a valid explosives permit shall withdraw two (2) copies of the permit, the original and vendor's copies, at the time of the sale or transaction. The vendor's copy shall be retained by the person selling or disposing of the explosives and blasting agents and the original shall be forwarded to the State Fire Marshal. 2. The person using an explosives permit shall retain the purchaser's copy of the permit which serves as the authorization for him to have the described explosives in his possession. 3. Within one working day or 24 hours, whichever comes first, of expiration of the one-time use permit, the individual issued the permit will return all unused explosives to the vendor and the expired permit to the issuing judge of the probate court or designated elected county official.

(5) The Insurance Commissioner may appoint a Blasting Advisory Committee whose role shall be only to be available to the Commissioner to advise on rule changes, review and issue best practices and safety bulletins and provide advice as deemed appropriate by the Commissioner or their designated liaison to the Committee. The Committee shall meet as determined by the Commissioner but no less than twice per year. The Committee will consist of 8 members; four will serve an initial term of 2 years and four will serve 3 years. The Commissioner shall initially appoint a Chairperson to serve a two year term thereafter the Committee shall elect the Chair in January of each alternate year. The membership of the Committee shall include no less than 1 representative from the aggregate mining industry, 1 representative from the utility contractors industry, 1 representative from the explosives industry, 1 representative from the drilling and blasting industry, 1 representative from the vibration analysis industry, 1 representative from law enforcement, 1 representative of the State Fire Marshal, and 1 representative to be selected from a related industry. The duties of the Committee may include; (a) A review of incidents involving injury to persons or property damage due to handling, use, manufacture, storage, or transportation of explosives and blasting agents. (b) Communication on issues dealing with best industry practices related to the handling, use, manufacture, storage or transportation of explosives and blasting agents. (c) Peer review of complaints related to the use, handling, manufacture, storage, or transportation of explosives and blasting agents. (d) Peer review of proposed revisions, additions, deletions, or changes to the Georgia Law and/or Rules and Regulations dealing with the use, handling, storage or transportation of explosives and blasting agents; and (e) Any issue as deemed appropriate by the Insurance Commissioner's Office.

Ga. Comp. R. & Regs. r 120-3-19-.03

(1) " Authority having jurisdiction "means the organization, office, or individual responsible for approving equipment, an installation, or a procedure.

(2) " Certificate " or " certificate of competency "means the document issued by the Commissioner to a certificate holder who has demonstrated adequate technical knowledge and ability to design in accordance with recognized standards as adopted by the Commissioner and to perform and supervise the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.

(3) " Certificate Holder "means an individual who has been issued a certificate of competency by the Commissioner.

(4) " Commissioner "means the Georgia Safety Fire Commissioner.

(5) " Construction documents ,"" Documents for construction"or " Construction shop drawings "means documents which set and dictate the installation parameters of water-based fire protection systems.

(6) " Contract documents "means the written and/or graphical guideline(s), prepared by a registered architect or engineer, which establish but does not dictate specific criteria for the design parameters of water-based fire protection systems.

(7) " Direct supervision ," or " Supervision "means to personally superintend the design and/or installation of water-based fire protection systems, by personally regulating the activity of a project through intermittent and verifiable personal contact at an installation or installations in progress.

(8) " Documents "means those materials used for reference purposes which direct or confirm direction or agreement.

(9) " Employed full time "means a minimum of thirty and one half hours of paid service per week, per employer.

(10) " Fire protection sprinkler contractor "means an individual, partnership, corporation, association, limited liability company, limited liability partnership, joint venture or other business entity that supervises, performs, or supervises and performs the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities.

(11) " Fire protection sprinkler contractor license "means the document issued by the Commissioner to the fire protection sprinkler contractor which authorizes the fire protection sprinkler contractor to engage in the business of fabrication, installation, repair, alteration, maintenance, or inspection of water-based fire protection systems.

(12) " Fire protection sprinkler system "means an integrated system of overhead and underground piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. The system is usually activated by heat from a fire and discharges water over the fire area.

(13) " Fire protection system designer "means a person who develops construction shop drawings, construction documents and/or documents for construction pertaining to water-based fire protection systems.

(14) " Fire protection system designer license "means a document issued by the Commissioner which authorizes the fire protection system designer to engage in the business of producing construction shop drawings, construction documents and/or documents for construction pertaining to water-based fire protection systems.

(15) " Fire protection system inspector "means an individual who performs inspections only on water-based fire protection systems in accordance with applicable codes and standards as adopted by the Commissioner. Such term does not apply to state, local, and insurance inspectors while acting in their official capacities.

(16) " Fire protection system inspector's license "means a document issued by the Commissioner, which authorizes the fire protection system inspector to engage in the business of inspecting water-based fire protection systems.

(17) " Fire pump "means a pump supplying water at the flow and pressure required by water-based fire protection systems.

(18) " Foam-water spray system "means a special system pipe connected to a source of foam concentrate and to a water supply and equipped with foam-water spray nozzles for fire protection agent discharge (foam and water sequentially in that order or in reverse order) and distribution over the area to be protected. System operation arrangements parallel those for foam-water sprinkler systems.

(19) " Foam-water sprinkler system "means a special system pipe connected to a source of foam concentrates and to a water supply and equipped with appropriate discharge devices for fire protection agent discharge and distribution over the area to be protected. The piping system is connected to the water supply through a control valve that is usually actuated by operation of automatic detection equipment installed in the same area as the sprinklers. When this valve opens, water flows into the piping system, and foam concentrate is injected into the water. The resulting foam solution discharging through the discharge devices generates and distributes foam. Upon exhaustion of the foam concentrate supply, water discharge will follow and continue until manually shut off. Existing deluge sprinkler systems that have been converted to the use of aqueous film forming foam are classified as foam-water sprinkler systems.

(20) " Inspection "means a visual examination of a water-based fire protection system or portion thereof to verify that it appears to be in operating condition and is free of physical damage.

(21) " Maintenance "means work performed to keep equipment operable or to make repairs without altering the operation of the water-based system.

(22) " Private fire service main "means that pipe and its appurtenances on private property that are one or more of the following: (a) Between a source of water and the base of the system riser for water-based fire protection systems; (b) Between a source of water and inlets to foam-making systems; (c) Between a source of water and the base elbow of private hydrants or monitor nozzles; (d) Used as fire pump suction and discharge piping outside of a building; and (e) Beginning at the inlet side of the check valve on a gravity or pressure tank.

(23) " Private water tank "means a tank supplying water for water-based fire protection systems which is located on private property.

(24) " Single-family dwelling "means any one- and two- family dwelling or one- and two- family row houses (townhouses) separated by a two hour fire wall.

(25) " Standpipe system "means an arrangement of piping, valves, hose connections, and allied equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams or spray patterns through attached hoses and nozzles for the purpose of extinguishing a fire, thus protecting a building or structure, its contents, and its occupants. This is accomplished by connection to water supply systems or by pumps, tanks, and other equipment necessary to provide an adequate supply of water-to-hose connections.

(26) " Superintend "means the act of directing others' work.

(27) " Testing "means a procedure used to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as, but not limited to, waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original installation acceptance test(s) at intervals specified in the appropriate standards related to such systems, as adopted by other Rules and Regulations of the Safety Fire Commissioner.

(28) " Water-based fire protection system "means any one system or any combination of a number of systems designed to deliver water to an apparatus designed to extinguish or retard the advancement of fire. Such systems include fire protection sprinkler systems, standpipe systems, private fire service mains, fire pumps, private water tanks, water supply fixed systems, foam-water spray systems, and foam-water sprinkler systems. The term "fire sprinkler system"is used interchangeably with this term.

(29) " Water-spray fixed system "means a special fixed pipe system connected to a reliable fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve that initiates the flow of water. An automatic valve is activated by operation of automatic detection equipment installed in the same area as the water-spray nozzles.

Ga. Comp. R. & Regs. r 120-3-19-.04

(1) The Commissioner is charged with the duty and responsibility for the enforcement of this chapter.

(2) Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his or her delegated authority.

(3) The Commissioner may, at his or her discretion, have the competency and license test prepared by others.

(4) The Commissioner is authorized to enter into a reciprocal agreement with the state fire commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that: (a) The laws of the other jurisdiction are substantially similar to this chapter; and (b) The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor.

Ga. Comp. R. & Regs. r 120-3-19-.05

(1) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a non-refundable certificate fee of $100.00 plus a one-time filing fee of $50.00 except as otherwise provided by Chapter 11 of Title 25 of the Official Code of Georgia Annotated and this Chapter of the Rules and Regulations. Such fee shall not be prorated for portions of a year.

(2) Prior to obtaining a certificate, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by: (a) successfully completing a competency test by current certification by NICET at Level III or Level IV in automatic sprinkler system layout and/or by successfully completing such other or additional examinations as the Commissioner may designate. For renewal of such certificate, proof of maintaining NICET Certification at or above Level III in Automatic Sprinkler System Layout is required; and (b) submitting to the Commissioner a certification from either the state fire commissioner or state fire marshal of another jurisdiction whenever a reciprocal agreement has been entered into between the jurisdiction and the State of Georgia pursuant to the provisions of this chapter.

(3) If the applicant has paid the required fees and has met one of the requirements of subsection (2) of this section, the Commissioner shall issue a certificate of competency in the name of the applicant, unless such applicant has been cited under other provisions of this chapter. Such certificate shall expire annually on December 31st of each year and shall be nontransferable from company to company or person to person.

(4) In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor or more than one office location at a time. If the certificate holder should leave the employment of a fire protection sprinkler contractor or change office locations, he or she must notify the Commissioner in writing within 30 days.

(5) A certificate holder desiring to renew his or her certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 for the upcoming year, between August 1st and no later than December 1st of the current year.

Ga. Comp. R. & Regs. r 120-3-19-.06

(1) Where a fire protection sprinkler contractor has multiple office locations for the purpose of design, installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, each location shall be separately licensed under the provisions of these regulations.

(2) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a filing fee of $50.00. Such fee shall not be prorated for portions of a year.

(3) Prior to obtaining a sprinkler contractor's license, the applicant shall: (a) Submit to the Commissioner a copy of all and all current certificates of competency held by employees of the applicant; and (b) Submit to the Commissioner proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire sprinkler contractor. The policy must be purchased from an insurer authorized to do business in the State of Georgia.

(4) A fire protection sprinkler contractor license shall expire annually on December 31st of each year. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 for the upcoming year, between August 1st and no later than December 1st of the current year.

Ga. Comp. R. & Regs. r 120-3-19-.07

(1) Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a fee of $50.00. Such fees shall not be prorated for portions of a year.

(2) Prior to obtaining a license, the applicant shall demonstrate evidence of his or her competence and employment by a sprinkler contractor by possessing at minimum a NICET Level II Certification in Inspection and Testing of Water-Based Systems or an equivalent certification acceptable to the Commissioner.

(3) The applicant shall submit to the Commissioner proof of employment by a licensed fire protection sprinkler contractor who has comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler inspector. The policy must be purchased from an insurer authorized to do business in Georgia.

(4) A fire protection sprinkler system inspector license shall expire annually on December 31st of each year. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 for the upcoming year, between August 1st and no later than December 1st of the current year.

(5) Individuals possessing valid waivers issued by the Commissioner prior to the effective date of these Rules and Regulations shall have twelve months from the issuance date of the waiver to obtain NICET Level II Certification in Inspection and Testing of Water-Based Systems or an equivalent certification acceptable to the Commissioner. No waivers shall be issued or renewed after the effective date of these rules and regulations.

(6) Individuals who have not yet satisfied the requirements of these Rules and Regulations as they pertain to inspector licenses shall work under the direct supervision of a NICET Level II Certified individual or approved equivalent until such time they possess a NICET Level II Inspector Certification or approved equivalent certification.

(7) "Direct supervision," or "Supervision" means to personally superintend the design and/or installation of water-based fire protection systems, by personally regulating the activity of a project through intermittent and verifiable personal contact at an installation or installations in progress.

Ga. Comp. R. & Regs. r 120-3-19-.09

(1) No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed full time, in office or on site or combination thereof, to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.

(2) Supervision shall be verified by the following method: Signed and dated documentation verifying visits to the project site, by the Certificate of Competency holder or their designee who is authorized by the Certificate of Competency holder to sign the site supervision form on behalf of the Certificate of Competency holder. Such documentation shall be kept on the site and shall be available to any Code Official on demand. The Certificate of Competency holder or their designee as described above, and the owner or owner's representative or the general contractor's representative shall sign such documentation. Such documentation shall be on forms prescribed by the Safety Fire Commissioner. Such verification is required unless waived by the Authority Having Jurisdiction, in writing.

(3) Upon project completion, the Certificate of Competency holder shall sign and date the documentation verifying that the completed installation meets all applicable codes and standards adopted by the Safety Fire Commissioner. The Authority Having Jurisdiction shall not waive the requirement, at project completion, for a signed verification indicating that the completed installation meets all applicable codes and standards.

(4) If the only certificate holder employed by a fire protection sprinkler contractor leaves the employment of the fire protection contractor, the contractor shall notify the Commissioner in writing within 30 days. A new certificate holder must be employed by a fire protection sprinkler contractor within 30 days of such notice.

(5) No fire protection sprinkler contractor shall permit any person under his or her employment or control to install, repair, alter, maintain, or inspect any water-based fire protection system unless such person is a certificate holder or is under the supervision of a certificate holder employed by the contractor.

(6) Only fire protection sprinkler contractors or certificate of competency holders shall alter or renovate water-based fire protection systems except as otherwise provided by Chapter 11 of Title 25 of the Official Code of Georgia Annotated and this Chapter of the Rules and Regulations.

(7) Individuals employed by the building owner or a representative of the building owner may repair leaks, repair broken fittings, or perform other routine maintenance that does not alter the piping arrangement or operation of a water-based fire protection system.

(8) Installations shall conform to the Rules and Regulations for the State Minimum Fire Safety Standards as adopted by the Commissioner unless otherwise permitted by Chapter 11 of Title 25 of the Official Code of Georgia Annotated and this Chapter of the Rules and Regulations.

(9) Installations not required by the codes and standards adopted by the Safety Fire Commissioner and whose design criteria and installation requirements have been enacted into law by local county or municipal ordinance, shall be allowed. All other non-code required systems shall meet minimum standards as adopted by the Commissioner, unless otherwise permitted by other sections of this chapter.

(10) It shall be unlawful for any person to begin installation of a fire sprinkler system on any proposed or existing building or structure which comes under the classification in Official Code of Georgia Annotated Section 25-2-13(b)(1) or which comes under the jurisdiction of the Office of the Commissioner pursuant to Official Code of Georgia Annotated Section 25-2-12 without first having drawings of the designed system approved by the appropriate authority having jurisdiction unless otherwise allowed by the Authority Having Jurisdiction; in writing.

Ga. Comp. R. & Regs. r 120-3-19-.10

(1) Water-based fire protection shop drawings shall be reviewed for code compliance with the state minimum standards by a certificate of competency holder.

(2) The reviewing certificate holder's signature, printed name, and certificate number indicating such compliance shall be indicated on all submitted plans.

(3) Non-code compliance dictated by bid documents shall be reported in the following manner. Non-code compliant shop drawings dictated by bid documents plans and or specifications shall list deficiencies printed or typed, item by item, along with codes and/or standards violated on a departmental form. In addition, the following information shall be provided as set forth in the following order: (a) the name of the facility and project; (b) the complete physical address of the project including the city and county; (c) the owner's name; (d) the responsible architect's or engineer's name responsible for producing the non-code compliant bid documents including their Georgia registration number, business name, business address and business telephone number; and (e) the Sprinkler Contractor's name, Certificate of Competency holder's name, and Certificate of Competency number and signature. The foregoing items shall be provided and outlined on a departmental form by the Certificate of Competency holder, as stated above and shall be submitted with the shop drawings.

Ga. Comp. R. & Regs. r 120-3-19-.11

(1) Only licensed fire protection system designers or other designers under their direct supervision shall prepare water-based fire protection system documents for construction. Certificate of competency holders shall be allowed to prepare water-based fire protection system documents, for construction, for their sprinkler contractor.

(2) All documents shall be representative of code complying water-based fire protection systems complying with the Rules and Regulations for the State Minimum Fire Safety Standards as adopted by the Commissioner unless otherwise permitted by this Chapter of the Rules and Regulations.

(3) All shop drawings shall meet minimum standards of the Rules and Regulations for the State Minimum Fire Safety as adopted by the Commissioner, except for the following: (a) shop drawings not meeting the codes and standards adopted by the Commissioner whose design has been enacted into law by local county or municipal ordinance; (b) non-code compliant shop drawings dictated by bid documents of a registered professional engineer or architect. Information regarding such shop drawings shall be provided as specified in 120-3-19-.10 ; or (c) non-required systems whose installations do not conform with the provisions of the Rules and Regulations for the State Minimum Fire Safety Standards may be installed if: 1. approved by the Authority Having Jurisdiction; and 2. such installations are reported to and filed with the local responding fire department and the Authority Having Jurisdiction; and 3. such installations are identified as required by the Authority Having Jurisdiction.

(4) The licensed fire protection system designer's signature, printed name, and license number shall be indicated on the shop drawings.

Ga. Comp. R. & Regs. r 120-3-19-.14

(1) The installation or repair of any underground facilities or piping which connects to and furnishes water for the water-based fire protection system shall be performed only by a licensed utility contractor, fire protection sprinkler contractor, or licensed plumber in accordance with the minimum fire safety standards adopted by the Commissioner. The installing contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the water-based fire protection system.

(2) Evidence of inspection shall be given to the owner or his or her representative in the form of a letter indicating the inspector or certificate of competency holder and the license number or certificate number.

(3) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a water-based fire protection system, such local official shall require a copy of a valid fire protection sprinkler contractor license from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency, as issued by the Commissioner.

(4) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety.

Ga. Comp. R. & Regs. r 120-3-19-.15

This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a water-based fire protection system. A copy of a valid certificate of competency shall accompany bids tendered for such contracts.

Ga. Comp. R. & Regs. r 120-3-22-.04

(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.

Ga. Comp. R. & Regs. r 120-3-23-.02

(1) " Acceptable "means having been inspected by the Commissioner or his/her representative and approved for the intended usage.

(2) " Approved "means in addition to being acceptable, as defined herein, a device, practice, or method mandated by a coexistent authority of the Commissioner (such as the D.O.T.).

(3) " Approved Training "means any training or continuing education made available by an official company or individual specifically qualified and insured to provide such training (including equipment manufacturers) as acceptable to the Commissioner.

(4) " Clean Agent "means an electrically non-conducting, volatile, or gaseous fire-extinguishing agent that does not leave a residue upon evaporation.

(5) " CO 2 ( Carbon Dioxide )"means a colorless, odorless, electrically non-conductive inert gas suitable for use in portable extinguishers or fire systems.

(6) " Commissioner "means the Georgia Safety Fire Commissioner or his/her designated representative.

(7) " Continuing Education "means education, information or training derived from participating and successfully completing a course, class or seminar pertaining to the fire protection industry for the purpose of increasing one's aptitude, knowledge or skill in a particular area or task which is acceptable to and approved by the Commissioner prior to receiving credit units.

(8) " Credit Units "means actual hours of active participation in a course, class or seminar pertaining to the fire protection industry for the purpose of increasing one's aptitude, knowledge or skill in a particular area or task. One hour of personal course contact acceptable to the Commissioner will equal one credit unit.

(9) " DOT "means the United States Department of Transportation.

(10) " EMT "means electrical metallic tubing used for enclosing detection cables, remote pull stations, gas shut offs and electrical wiring.

(11) " Engineered Special Hazard Fire Suppression System "means any fire suppression system having pipe lengths, number of fittings, number and types of nozzles, suppression agent flow rates, and nozzle pressures as determined by calculations derived from the appropriate standards of the National Fire Protection Association, whether those calculations are performed by hand or by a computer program or by other method of calculation. These systems may consist of other components, including, but not limited to, detection devices, alarm devices, and control devices as tested and approved by a nationally recognized testing laboratory and shall be manufacturer listed as compatible with the fire suppression system involved.

(12) " Fire Suppression System "means any fire-fighting system employing a suppression agent for the purpose of controlling, suppression, or extinguishing a fire in a specific hazard. The suppression agent shall be a currently recognized agent or water additive required to control, suppress, or extinguish a fire. The term fire suppression system shall include engineered special hazard and pre-engineered fire suppression systems as defined in these rules and regulations and shall not include those systems addressed in Chapter 11 of Title 25 of the Official Code of Georgia Annotated.

(13) " Firm "means any corporation, business, person, partnership, organization, association, contractor, individual or other entity, engaged in the business of installing, inspecting, altering, maintaining, recharging, repairing or servicing fire extinguishers and fire suppression systems.

(14) "Full Time Employee" means an individual who works for the firm and is on payroll for a minimum of thirty and one half hours of paid service per week, per employer.

(15) " High Pressure Cylinder "means cylinders and cartridges containing nitrogen or compressed gases at a service pressure higher than 500 psi (3447 kPa) at 70°F (21°C).

(16) " Hydrostatic Testing "means cylinder pressure testing by water jacketed test pressure means.

(17) " Industrial Fire Suppression System "means a pre-engineered automatic fire extinguishing system provided for the protection of property or equipment as described by the manufacturer other than those systems covered under the definition of kitchen or restaurant fire suppression system.

(18) " Inspection "means a thorough examination which is part of the designated or prescribed maintenance of a fire extinguisher or of a fire suppression system to give maximum assurance that the fire extinguisher or fire suppression system is in its proper location, appropriately sized for the hazard it is intended to cover, there is no physical or chemical damage to prevent its proper operation, the extinguisher or system is fully charged and is in proper operating condition. Such procedure shall only be conducted by a properly permitted technician unless otherwise exempted by Chapter 12 of O.C.G.A. Title 25 or by this Chapter. It includes a thorough examination by inspection and any necessary repair or replacement of components as well as, revealing if hydrostatic testing is required.

(19) " Kitchen or Restaurant Fire Suppression System "means an automatic fire extinguishing system provided for the protection of grease removal devices, hoods, duct systems, cooking equipment and listed for such use as outlined in National Fire Protection Association Standard 96, Standard for Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment edition as adopted and modified by Chapter 120-3-3 Rules and Regulations of the Safety Fire Commissioner, and systems classified under UL300A.

(20) " License "means the document issued by the Commissioner which authorizes a firm to engage in the business of installation, repair, alteration, recharging, inspection, maintenance, service or testing of fire suppression systems or portable fire extinguishers.

(21) " Low Pressure Cylinder "means those cylinders having an operating or service pressure of 500 psi (3447 kPa) or lower at 70°F (21°C).

(22) " Maintenance "means a thorough examination of the portable fire extinguisher or fire suppression system. It is intended to give maximum assurance that a fire extinguisher or fire suppression system will operate effectively and safely. It includes a thorough examination by inspection and any necessary repair or replacement of components as well as, revealing if hydrostatic testing is required.

(23) " Manufacturer's Certification "means certification derived from participating and successfully completing a training course issued by the manufacturer or other designated agent or representatives authorized by the original equipment manufacturer.

(24) " NAFED "means National Association of Fire Equipment Distributors.

(25) " NFPA "means National Fire Protection Association.

(26) " NICET "means National Institute for Certification in Engineering Technologies and, when used in this regulation, refers to the Special Hazards Systems program areas.

(27) " Permit "means the document issued by the Commissioner which authorizes an individual to install, inspect, repair, recharge, service, or test fire suppression systems or portable fire extinguishers as a direct result of meeting the minimum qualifications herein for which the individual has applied.

(28) " Portable Fire Extinguisher "means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. The device must be listed by a nationally recognized testing laboratory. The device must bear a manufacturer's name and serial number. The listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instruction plate or on a separate plate of the testing laboratory soldered or attached to the extinguisher shell in a permanent manner as set forth by the listing or approving organization.

(29) " Pre-Engineered Fire Suppression System "means any system having predetermined flow rates, nozzle pressures, and quantities of an extinguishing agent. These systems have specific pipe sizes, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a nationally recognized testing laboratory. The hazards protected by these systems are specifically limited as to the type and size by the testing laboratory based upon actual fire tests. Limitations on hazards that can be protected by these systems are contained in the manufacturer's installation manual, which is referenced as part of the listing.

(30) " RIN "means the current retester identification number issued by the DOT or its designated agency, to retest facilities that can then legally perform cylinder requalifications. Only the DOT or its designated agency has the authority to issue such numbers in the United States.

(31) " Service "means the performance of an inspection, installation, maintenance or repair of a portable fire extinguisher or fire suppression system.

(32) " Service Location "means any location where the inspection, installation, or repair is performed on any portable fire extinguisher or fire suppression system covered by these rules and regulations including mobile service vehicles.

(33) " Standard "means any official NFPA publication pertaining to the fire protection industry and addressed in this Chapter.

(34) " Visual Inspection "means a monthly "quick check"to determine that a portable fire extinguisher or fire suppression system cylinder is available and has not been discharged. A visual inspection is intended to give reasonable assurance that the extinguisher or system cylinder is fully charged and operable. A visual inspection is done by verifying the extinguisher or system cylinder is in its designated place, it has not been actuated or tampered with, and there is no obvious physical damage or condition that would prevent its operation. This inspection may be conducted by the equipment owner, his/her employee or a written designated representative of the equipment owner and is not to be confused with inspections conducted under the designated or prescribed maintenance procedures of a portable fire extinguisher or fire suppression system.

Ga. Comp. R. & Regs. r 120-3-23-.17

(1) Nothing in Chapter 12 of Title 25 of the Official Code of Georgia or in these rules and regulations limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety.

(2) No municipality or county shall impose any other requirements on persons licensed or permitted by the Commissioner as set forth in Chapter 12 of Title 25 of the Official Code of Georgia to prove competency to conduct any activity covered by said license or permit.

(3) The provisions of this chapter do not apply to fire chiefs, fire marshals, fire inspectors, or insurance company inspectors with regard to the routine visual inspection of fire suppression systems or portable fire extinguishers.

(4) The provisions of these rules and regulations do not apply to any firm that engages only in the routine visual inspection of fire suppression systems or portable fire extinguishers owned by the firm and installed on property under the control of said firm. Any individual employed by a firm or governmental entity that engages in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm shall remain subject to the rules and regulations adopted pursuant to this Chapter.

(5) The fees required by this chapter shall not apply to employees of federal, state, or local governments or to members of legally organized fire departments while acting in their official capacities.

(6) Any official of any municipality or county who discovers violations or receives complaints should report the information to the Safety Fire Division of the Commissioner of Insurance.

Ga. Comp. R. & Regs. r 120-3-25-.03

(1) Accident means an unplanned or unscheduled event that results in property damage and/or personal injury.

(2) Act is Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, O.C.G.A. Sections 8-2-100 through 8-2-109.1.

(3) Approved means that which is acceptable to the Office.

(4) Board is the Advisory Committee as described in Section 8-2-109 of the Act.

(5) Certified Inspector is an inspector, by reason of experience and knowledge, considered qualified by the Office. The minimum experience shall be established by these rules. Knowledge shall be evidenced by approved written and oral examinations, acceptable to and administered by the Office.

(6) Cessation order is the official order stopping an action by an individual or company.

(7) Citation is the written document by which a person or company is summoned or cited.

(8) The Commissioner is the Commissioner of Insurance and Safety Fire, and.

(9) the Office is the Office of the Commissioner of Insurance and Safety Fire.

(10) Dormant Elevator means an elevator that is intact and on the premises and the equipment is entirely disconnected in an approved manner.

(11) Elevators as used in these Rules means, Elevators, Escalators, Dumbwaiters, Material lifts, Manlifts, Moving Walks, or Platform Lifts (Wheelchair Lifts) or Stairway Chairlifts where the Rule is applicable in accordance with the adopted Codes and Standards.

(12) Hand powered one-man elevator is an elevator having a car platform area of not more than five square feet and a rated load of not more than three hundred pounds and which is operated from the car only by pulling on a stationary rope located in the hoistway and passing through or adjacent to the car platform. It is for the exclusive use of certain designated operating and maintenance employees and installed in a grain or feed mill or similar structure not accessible to the general public.

(13) Inspection means the official determination by a certified inspector of the condition of all parts of the equipment meet the applicable code which determines the safe operation of an elevator.

(14) Personnel Hoist is those elevators used during construction to carry workers. Such elevators are temporary and shall not become a permanent part of the structure.

(15) Personal Injury, as used in O.C.G.A. § 8-2-106(a) , means bodily injury, sickness, or disease sustained by any person by reason of the operation or malfunction of an elevator, escalator, manlift moving walk or power dumbwaiter, platform lifts or stairway chairlifts including death at any time resulting therefrom. Personal Injury does not include false arrest, detention, imprisonment, confinement, slander, libel, violation of privacy or any mental disease, disability or disorder not accompanied by physical injury at the time of the incident.

(16) Property Damage, as used in O.C.G.A. § 8-2-106(b) , means physical injury to, or destruction of tangible property to the structure or operational parts (including safety equipment and devices) of an elevator, escalator, manlift, moving walk or power dumbwaiter, sustained by reason of accident or malfunction, other than routine wear and tear.

(17) Special Purpose Personnel Elevator is an elevator permanently installed to provide vertical transportation of authorized personnel. Such elevators are typically installed in Grain Elevators, Radio Antennas and Bridge Towers.

(18) Deleted for future use.

(19) Temporary Inspection is the inspection by a certified inspector of an elevator to be used on a temporary basis.

(20) Elevator Contractor - Any person, firm, or corporation who possesses an "Elevator Contractor's Certification" in accordance with the provisions of Rule 120-3-25-.21 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyance equipment covered by this chapter.

(21) Elevator Mechanic - Any person who possesses an elevator mechanic certification in accordance with the provisions of Rule 120-3-25-.21 .

(22) Certification, Elevator Contractor (Class I, Class IR) - A certification issued to an elevator contractor who has proven qualifications and ability, and who has been authorized by the Office to possess this type of Certification. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing or maintaining elevators or related conveyance equipment covered by this Chapter.

(23) Certification, Elevator Contractor (Class II) - A certification issued to an elevator contractor who has proven qualifications and ability, and who has been authorized by this Office to possess this type of Certification. It shall entitle the holder thereof to engage in the business of servicing, testing, repairing or maintaining elevators or related conveyance equipment covered by this Chapter.

(24) Certification, Elevator Contractor, Limited (Class III) - A certification issued to an elevator contractor who has proven qualifications and ability, and who has been authorized by the Office to possess this type of Certification. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing or maintaining residential dumbwaiters, elevators, platform lifts and stairway chairlifts.

(25) Certification, Elevator Contractor, Limited (Class IIIR) - A certification issued to an elevator contractor who has proven qualifications and ability, and who has been authorized by the Office to possess this type of Certification. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing or maintaining residential platform lifts and stairway chairlifts.

(26) Certification, Elevator Mechanic (Class I, Class IR) - A certification issued to a person who has proven qualifications and ability, and who has been authorized by the Office to work on conveyance equipment. It shall entitle the holder to install, service, repair, test, maintain and perform electrical work on elevators or related conveyance equipment covered by this Chapter.

(27) Certification, Elevator Mechanic (Class II) - A certification issued to a person who has proven qualifications and ability, and who has been authorized by the Office to work on conveyance equipment. It shall entitle the holder to service, repair, test and maintain elevators or other conveyance equipment covered in this Chapter. The Class II Mechanic shall be employed by a Class II Elevator Contractor or owner user.

(28) Certification, Elevator Mechanic (Class III) - A certification issued to a person who has proven qualifications and ability, and who has been authorized by the Office to work on residential platform lifts and stair chairlifts. It shall entitle the holder to install, alter, service, repair, test, maintain and perform electrical work on residential elevators, platform lifts and stair chairlifts.

(29) Certification, Elevator Mechanic (Class IIIR) - A certification issued to a person who has proven qualifications and ability, and who has been authorized by the Office to work on residential platform lifts and stair chairlifts. It shall entitle the holder to install, alter, service, repair, test, maintain and perform electrical work on residential elevators, platform lifts and stair chairlifts.

(30) Private Residence - A single unit of a multiple facility or a detached dwelling designed for, inhabited by, and accessible only to one person or that person's family.

(31) LULA Elevator - A passenger elevator limited in size, capacity, travel and speed. These elevators shall comply with ASME A17.1, Section 5.2 (Capacity, Speed, Travel, Etc.) and ICC/ANSI A117.1, Section 407.4 (Car Size, Power Operation, Signal Location, Etc.).

Ga. Comp. R. & Regs. r 120-3-25-.09

(1) An elevator contractor may request a temporary operating permit to allow the use of a passenger or freight elevator before its completion for carrying workmen, authorized personnel or materials. Such elevator shall not be used until it has been inspected and approved by a certified deputy inspector and the required fee has been paid. The operating permit shall be issued for a period not to exceed ninety days. Renewals may be granted at the discretion of the Office, and upon inspection by a certified deputy inspector.

(2) Personnel Hoist Used During Construction. (a) Personnel hoist shall be installed and maintained in accordance with the latest accepted edition of the American National Standard A10.4 or the latest edition of the Rules adopted by the Commissioner. (b) An operating permit shall be required. Double cage units on a common tower shall require an operating permit for each cage. (c) Personnel hoist used during construction shall be inspected every ninety days and after each jump, by a certified deputy inspector. (d) The following sections outline the minimum requirements, regular maintenance and approved safety practices for elevators as provided for in the Georgia Laws Regulating Elevators. All Existing features or components of the elevators shall comply with this law and the rules proposed by the Board and adopted by the Commissioner. (e) Certified Inspectors shall use the latest adopted edition of the ANSI A90.1, ANSI A10.4 or ANSI A92.10 codes and standards with such revision, amendments, and interpretation. (f) All Temporary Transport Platforms shall meet the requirements of ANSI A10.4 Section 5. (g) All Temporary Transport Platforms shall meet the requirements as set forth in ANSI A10.4 Section 17.

Ga. Comp. R. & Regs. r 120-3-25-.11

(1) Cessation Order. (a) The Office may issue a written order for the cessation of operation of elevators, escalators, moving walks and all other equipment covered by these regulations when it has been determined to be hazardous, unsafe, or the failure to comply with any of the provisions of these rules or the safety act. Operation shall not resume until such violations are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative. (b) In the event a person knowingly commits a violation or allows a violation to be committed after being issued a cessation order, or warning the Commissioner or the Commissioner's authorized representative may initiate a Citation as stated below.

(2) Issuance of Citation or Notice of Administrative Proceeding: (a) If upon inspection by an inspector or deputy inspector; 1. An elevator, escalator, dumbwaiter, manlift, or moving walk, platform lifts and stairway chairlifts, is deemed to be in an unsafe condition, 2. The owner, operator, user, contractor, or installer has not complied with the Elevator Law or Rules, or 3. When a written warning or citation has been issued and the violation continues, then the deputy inspector shall issue the violator a citation stating the date, time and place of the violation, the specific violation, the recommended penalty, and shall offer the respondent the opportunity for a hearing as set forth in this section. (b) If upon receiving information from any source, the Chief Inspector determines that there is a reasonable belief that: 1. An elevator, escalator, manlift, dumbwaiter, or moving walk platform lifts and stairway chairlifts, may be in an unsafe condition, 2. The owner, operator, user, contractor, or installer has not complied with the Elevator Law or these Rules, or 3. When a warning has been issued, and the violation is a continuing violation, the Chief Inspector or the Director, Safety Engineering, on behalf of the Office, may issue Notice of Administrative Proceeding stating the date, time, and place of the violation, the specific violation, the recommended penalty, and shall offer the respondent the opportunity for a hearing as set forth in this section. (c) The Director, Safety Engineering, upon review of a citation issued under subsection (a) above, may, in his sole discretion, dismiss the citation and substitute therefore a Notice of Administrative Proceeding pursuant to subsection (b) above on the same, similar, or different violation, as required by the evidence. (d) The Commissioner, upon review of a Citation or Notice of Administrative Proceeding, in his sole discretion, may refer the matter to the appropriate prosecuting official for criminal or injunctive relief as permitted under law. In such event, the Commissioner may, in his sole discretion, elect to dismiss, suspend, or continue with the civil penalty proceeding.

(3) Hearing Procedure: (a) If request for a hearing is not received from the respondent within the allotted time, the Director, Safety Engineering, on behalf of the Commissioner, may without further process impose a civil penalty not greater than the total of civil penalties set forth on the citation or in the Notice of Administrative Proceeding. An administrative order under the authority of the Commissioner may be issued to collect the civil penalty assessed. (b) If a hearing request is received in response to a Citation or Notice of Administrative Proceeding, further actions or proceedings shall be governed by the Georgia Administrative Procedure Act, O.C.G.A. Chapter 50-13, O.C.G.A. 25-2-29 , and applicable Rules and Regulations of the Commissioner. (c) All hearings, whether before the Commissioner or an appointed adjudicator, shall be conducted in accordance with the statutes and regulations cited in the preceding sub-paragraph, including the applicable Rules and Regulations of the Commissioner. (d) The decision of an appointed adjudicator made after a hearing shall be an initial agency decision within the meaning of O.C.G.A.§ 50-13-41(d) and shall be subject to review by the Commissioner, Insurance and Safety Fire, as set forth in O.C.G.A. §50-1341(e). A hearing before the Commissioner shall be the final agency decision in the matter and shall be subject to judicial review as set forth in O.C.G.A. § 50-13-19 .

(4) Guidelines for Imposition of Civil Penalties: (a) Any person, firm, partnership, corporation or other business entity, which violates this part, shall be subject to the imposition of civil penalties. Each day on which a violation occurs shall constitute a separate offense. Repeat offenders, whom a violation occurs, shall constitute a separate offense. Repeat offenders, including those who refuse to adhere to orders of the inspectors, exceed the limitations of operating permits, or refuse to adhere to the requirements of these rules and regulations, may be referred to appropriate prosecuting official for criminal (misdemeanor) or injunction relief as permitted under law. Serious violations, including those causing serious bodily injury or death, or which exhibit gross negligence or serious disregard for public safety, may also be referred appropriate prosecuting official for criminal (misdemeanor) or injunctive relief as permitted under law. (b) Notwithstanding the recommended minimum penalties set forth below, a serious violation, including those causing serious bodily injury or death, or which exhibit gross negligence or serious disregard for public safety, may receive the maximum penalty of $5,000.00 for each violation including a first offense. The imposition of a penalty for a violation of this part shall not excuse the violation or permit it to continue. (c) The deputy inspector issuing a Citation shall, at the time of issuance, specify a recommended civil penalty amount for each specific violation in accordance with these Rules and Regulations. The Director is charged with the responsibility to insure that recommended penalties for violations are graduated with the more serious violations receiving the heavier penalty and with assuring uniformity of recommended penalties such that offenders in similar circumstances with similar violations receive similar penalty recommendation. In this regard, the Director may dismiss a Citation and issue a Notice of Administrative Proceeding solely for the purpose of making an appropriate penalty recommendation. (d) The recommended civil penalty set forth in the Citation or Notice of Administrative Proceeding shall be given great deference by the appointed adjudicator. The minimum recommended penalties set forth below is normally for the first offense with only one violation being cited. The appointed adjudicator shall, after hearing the case, consider factors in mitigation of the violation as well as those in aggravation. The appointed adjudicator shall impose a penalty less than the recommended minimum penalty only upon finding unusually significant mitigating factors, and shall set forth those factors in the order. The appointed adjudicator may impose a penalty substantially greater than the Office recommended penalty upon finding significant aggravating factors associated with violations, and shall set forth those factors in the order. The appointed adjudicator shall consider the provision of these Rules and Regulations guiding the assessment of penalties. In particular, the appointed adjudicator shall, in cases involving structural damage, bodily injury, or death; or continued operation after an unsafe condition is detected or after the equipment is taken out of service by an inspector or deputy inspector, consider the imposition of separate penalties for each day of violation. No penalty exceeding $5,000.00 for each violation and each day of violation shall be assessed. (e) The appointed adjudicator may, in addition to a civil penalty, recommend in the order that the Commissioner suspend for a period of time or indefinitely, operating certificate, permits to install, or certificates for contractors.

(5) Minimum recommended penalties. (a) Specific violations: 1. Operating equipment without an operating certificate. (O.C.G.A. § 8-2-103 ) First offense ...................................... $250.00 Second offense .................................. $500.00 2. Operating equipment in an unsafe condition. (O.C.G.A. § 8-2-101 ) First offense ....................................... $500.00 Second offense ................................. $1000.00 3. Failure to permit access for the purpose of inspecting or investigating equipment. (O.C.G.A. § 8-2-102 ) First offense ........................................ $500.00 Second offense .................................. $1000.00 4. Failing to notify the Chief Inspector of any accidents involving structural damage or injury as defined in the definition section. (O.C.G.A. § 8-2-106 ) First offense ......................................... $500.00 Second offense .................................. $1000.00 5. Failing to notify the Chief Inspector of an accident which involved death. (O.C.G.A. § 8-2-106 ).............................................. $5000.00 6. Placing unit back in service, which has been Red Tagged and placed out of service by a deputy inspector, without first having the unit inspected. (O.C.G.A. § 8-2-102 ) First offense ....................................... $1000.00 Second offense .................................. $2500.00 7. Placing a unit which has been involved in an accident back in service prior to having the unit inspected or otherwise cleared. (O.C.G.A. § 8-2-106 , Rule 120-3-25-.07 ) First offense ....................................... $1000.00 Second offense ................................... $2500.00 8. Turning equipment over for use without a final acceptance inspection. (O.C.G.A. § 8-2-101 ) First offense ........................................ $500.00 Second offense .................................. $1000.00 9. Installing equipment without a permit. (Rules 120-3-25-.08 &.22) First offense ....................................... Double Permit Fee Second offense.................................... Triple Permit Fee 10. Inspecting without qualifications. ( 120-3-25-.22 ) First offense ........................................ $500.00 Second offense .................................. $1000.00 11. Using construction elevators or personnel hoist without first obtaining a permit or receiving an inspection. (Rule 120-3-25-.21 ) First offense ...................................... Double permit fee Second offense .................................. Triple permit fee (b) General Violations: 1. Violating adopted Codes, Standards, Rules, Regulations or Order. (Rule 120-3-25) First offense ...................................... $250.00 Second offense ................................. $500.00 2. Certified company performing an activity, which violates the law or regulations. Any Offense ................................... $2500.00 and Suspension of Certificate 3. Any third repeated offense might subject the violator to the maximum civil penalty permitted under the Act.... $5000.00

Ga. Comp. R. & Regs. r 120-3-25-.14

(1) Payment of required fees and civil penalties imposed under these rules and regulations shall be made in accordance with instructions and forms on the website of the Commissioner of Insurance and Safety Fire. In determining acceptable methods of payment, the Commissioner should consider all relevant factors, including the convenience of the parties, the availability of better means of payment through enhanced technology, the need for efficient administration of the law, and the cost to the agency.

(2) Once permits are processed by this office, no refunds will be issued.

(3) Fees shall be paid in accordance with the following schedule: (a) Certification - Examination: 1. Inspector ................... $100.00 2. Elevator Mechanic ............... $100.00 (b) Certification - Annual: 1. Inspector ..................... $50.00 2. Class I Elevator Contractor ............... $300.00 3. Class II Elevator Contractor ............. $200.00 4. Class III Elevator Contractor ............ $100.00 (c) Certification - Bi-Annual Renewal: 1. Elevator Mechanic ................ $50.00 (d) Installation Permits: 1. Passenger or Freight base price, per unit ............................ $400.00 Plus, each opening ................................................................ $50.00 2. Dumbwaiters and material lifts, per unit ............................. $250.00 3. Escalator, per unit ................................................................ $500.00 4. Workmen's hoist, per unit ............................... $500.00 5. Workmen's hoist, tower rise, per jump ................................ $150.00 6. Private residence elevators ................................................... $400.00 Plus, each opening .................................................................. $50.00 7. Private residence platform lifts (wheelchair lifts) and stairway chairlifts, first unit permitted at single residence ........... ....... $250.00 any additional units at time of permitting ......... $50.00 per unit 8. Belt Manlift ......................................................................... $250.00 9. Special purpose personnel elevators and wheelchair lifts, per unit ................................................................................... $250.00 (e) One acceptance inspection is included in the installation permit fee. All additional permit inspections shall be at two hundred fifty ($250.00) dollars per hour. Elevator Construction Permits shall expire two (2) years from the date of issue, if the permit has shown no action. Elevator Construction Permit Certificates shall expire no more than six (6) months from the date of completion of the permit. If the permit is open more than two (2) years with no action, it will therefore be cancelled. (f) Major Alteration Permits: 1. Each Alteration - One item as outlined in the Standard, per unit .................................................................................. $240.00 2. Each additional alteration as outlined in the Standard, per unit .................................................................................. $120.00 3. Maximum alteration fee, per unit ....................................... $1,200.00 (g) The acceptance inspection fee is included in the major alteration permit fee. The alterations acceptance inspection will not change the normal inspection or the operating permit due date. (h) Additional permit inspections shall be at the rate of two hundred fifty dollars ($250.00) per hour. (i) Operating Permit: 1. Operating permit - one year, price per unit ............................. $65.00 2. Temporary operating permit, per unit .................................... $100.00 (j) Inspection by a certified inspector of the Office: 1. Initial inspection of a temporary elevator, per unit .................. $200.00 2. Periodic inspection of a temporary elevator used during construction, per unit ....................................................................................... $50.00 3. Annual fee for inspections are based upon number of openings per unit. 101 to 110 openings $445.00 91 to 100 openings $420.00 81 to 90 openings $395.00 71 to 80 openings $370.00 61 to 70 openings $345.00 51 to 60 openings $320.00 41 to 50 openings $295.00 31 to 40 openings $270.00 21 to 30 openings $245.00 11 to 20 openings $220.00 10 openings $195.00 9 openings $170.00 8 openings $145.00 7 openings $120.00 6 openings $95.00 5 openings $85.00 4 openings $75.00 3 openings $65.00 2 openings $55.00 (k) All third and subsequent inspections shall be at two hundred fifty ($250.00) dollars per elevator for routine inspections. (l) Appeal hearings before the Board, per Appeal ........................ $500.00 (m) The Office may bill applicants for operating certificates prior to the issuance of such certificates.

(4) The Office may provide services or perform inspections not otherwise specified in the fee structure. The charge for this service shall be at the rate of $250.00 per visit, per elevator.

(5) The Office will allow licensed private inspection companies with valid commissioned inspectors to perform permit inspections on residential equipment that falls under the scope of ASME A18.1, latest adopted addition. (a) No inspection will be allowed as in (5) above prior to the installer obtaining the required permit and two sets of approved stamped drawings from this Office. These are required to be at the site of the prior to any inspection. (b) These inspections shall be subject to audit by the Office. (c) Both the installer and the inspection company will be responsible for ensuring that the installation meets all state adopted regulations and that all testing has been completed. The inspection company is responsible for supplying a copy of this report to the installer. An electronic copy of this report shall be sent to the Office prior to the equipment being placed in service. (d) Any inspection of residential equipment that falls under the scope of ASME A18.1 not performed by a licensed private inspection companies with commissioned inspectors shall be performed by a State Deputy Inspector.

Ga. Comp. R. & Regs. r 120-3-25-.22

(1) Elevator Contractor (Class I): Any persons, firms, partnerships, corporations or companies wishing to engage in the business of installation, alteration, service, replacement or maintenance of elevators, dumbwaiters, escalators, moving walks, residential elevators, platform lifts, and/or stairway chairlifts shall apply for Certification by the Office on a form provided by the Office. They shall receive Certification prior to permitting any work or engaging in any business activity.

(2) Elevator Contractor (Class IR): Any persons, firms, partnerships, corporations or companies wishing to engage in the business of installation, alteration, service, replacement or maintenance of ASME A17.1, Section 4 and 5.7 elevators, temporary construction elevator and material lifts or separately cab interiors and phones, shall apply for Certification by the Office on a form provided by the Office. They shall receive Certification prior to permitting any work or engaging in any business activity.

(3) Elevator Contractor (Class II): Any persons, firms, partnerships, corporations or companies wishing to engage in the business of alteration, service, replacement or maintenance of elevators, dumbwaiters, escalators, moving walks, residential elevators, platform lifts, and/or stairway chairlifts shall apply for Certification by the Office on a form provided by the Office. They shall receive Certification prior to permitting any work or engaging in any business activity.

(4) Elevator Contractor (Class III): Any persons, firms, partnerships, corporations or companies wishing to engage in the business of installation, alteration, service, replacement or maintenance of residential dumbwaiters, elevators, platform lifts, and/or stairway chairlifts shall apply for Certification by the Office on a form provided by the Office. They shall receive Certification prior to permitting any work or engaging in any business activity.

(5) Elevator Contractor (Class IIIR): Any persons, firms, partnerships, corporations or companies wishing to engage in the business of installation, alteration, service, replacement or maintenance of residential platform lifts, and/or stairway chairlifts shall apply for Certification by the Office a form provided by the Office. They shall receive Certification prior to permitting any work or engaging in any business activity.

(6) Elevator Contractor's Certification shall expire twelve (12) months following the date of issuance after April 1, 2014.

(7) Qualifications of Elevator Contractor. (a) No Certification shall be granted to any person or firm who has not proven their qualifications and abilities. Applicants for Elevator Contractor's Certification must demonstrate the following qualifications: (b) Elevator Contractor Class I, Class IR and II shall submit proof of Elevator Mechanic Certification. All Class II Elevator Contractors shall employ Class I or Class II Elevator Mechanics. (c) Elevator Contractor Class III and Class IIIR shall submit proof of Elevator Mechanics Certification. (d) Elevator Contractors shall have insurance as required by Rule 120-3-25-.22 .

(8) The application for Elevator Contractor Certification shall contain the following information: (a) The Class of the Certification requested. (b) Name and address of business. (c) Such other information as the Office may require.

(9) The application for Elevator Mechanic shall contain the following information: (a) Name and address of the applicant and company where employed. (b) The Certification class requested by the applicant. (c) The number of years the applicant has engaged in the business of installing, maintaining and/or servicing elevators, escalators and/or platform lifts and stairway chairlifts. (d) Documentation of all training or classes applicant has attended in the last year. (e) Such other information as the Office may require.

(10) All elevator mechanics installing, altering, repairing, maintaining, or servicing elevators, escalators, moving walks, dumbwaiters, material lifts, residential elevators, platform (wheelchair) lifts and stairway chairlifts after January 1, 2006 shall have a "Certificate of Authorization" issued by the Office.

(11) Approval of training programs for Certification and Recertification of elevator mechanics. The Elevator Advisory Board shall review and approve all certification and recertification programs. The Office of Insurance and Safety Fire Commissioner shall prepare a testing program.

(12) Renewal applications. Applicants renewing their Certification shall provide the following information: (a) Certification number. (b) Documentation of training, certification and classes successfully completed in the previous year [eight (8) hours minimum], including Code updates using a pre-approved or recognized training program.

(13) Qualification of Class I Elevator Mechanic. (a) Certification shall be granted to any person with a minimum of three (3) years for all except for Class IIIR shall be one (1) year experience and who is employed by a company holding a State Certification and has proven their qualifications and abilities. Applicants must demonstrate the following qualifications: (b) Certificate(s) of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program, Certified Elevator Technician Program or the equivalent of an apprenticeship program for the elevator mechanics registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor or a State Apprenticeship Program. (c) Any person who furnishes the Office with acceptable proof they have worked as an elevator constructor, maintenance person, or repair person may, upon making application for Certification and paying the fee, be entitled to receive a Certification without an examination at the discretion of the Office. They shall have worked under direct and immediate supervision of an elevator contractor certified to do business in this state. The person must make application within one (1) year of the effective date of these Rules and Regulations. (d) A Certification may be issued to an individual holding a valid Certification or License from a state having a standard substantially equal to those of this Chapter.

(14) Qualification of Class IR Elevator Mechanic. (a) Certification shall be granted to any person with a minimum of three (3) years' experience and who is employed by a company holding a State Certification and has proven their qualifications and abilities. Applicants must demonstrate the following qualifications: (b) Certificate(s) of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program, Certified Elevator Technician Program or the equivalent of an apprenticeship program for the elevator mechanics registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor or a State Apprenticeship Program. (c) Any person who furnishes the Department with acceptable proof they have worked as an elevator constructor, maintenance person, or repair person may, upon making application for Certification and paying the fee, be entitled to receive a Certification without an examination at the discretion of the Department. They shall have worked under direct and immediate supervision of an elevator contractor certified to do business in this state. The person must make application within one (1) year of the effective date of these Rules and Regulations. (d) A Certification may be issued to an individual holding a valid Certification or License from a state having a standard substantially equal to those of this Chapter.

(15) Qualification for Class II Elevator Mechanic. (a) Same as (11)(a). (b) The mechanic shall provide documentation proving they have been trained in the service, repair and maintenance of the equipment they will be working on. (c) Same as (11)(c). (d) Same as (11)(d).

(16) Qualification for Class III Elevator Mechanic. (a) Same as (11)(a). (b) Same as (11)(b). (c) Same as (11)(c). (d) Same as (11)(d).

(17) Qualification for Class IIIR Elevator Mechanic. (a) Same as (11)(a). (b) Same as (11)(b). (c) Same as (11)(c). (d) Same as (11)(d).

(18) Issuance and Renewal of Certification. (a) Upon approval of a mechanic's application, the Office may issue Certification(s), all of which shall be renewed bi-annually. The Certification(s) will expire on July 1, not more than two (2) years from the date of issue. (b) Whenever an emergency exists, and upon request, the Office may waive all requirements. (c) A Certified Elevator Contractor shall notify the Office when there are no Certified personnel available to perform elevator work. The Certified Elevator Contractor may request the Office issue Temporary Elevator Mechanic Certifications to personnel employed by the Certified Elevator Contractor who have an acceptable combination of documented experience and education to perform elevator work. The temporary certification will expire after six (6) months. Only three (3) temporary certification will be issued per person, per company. (d) The renewal of all Certifications granted under the provisions of this Section shall be conditional upon the submission of a certificate of completion of a course designed to ensure the continuing education of Certified Personnel. Such course shall consist of not less than eight (8) hours of instruction. (e) The courses shall be taught by instructors who are qualified and approved by the Office. (f) A mechanic who is unable to complete the education course required under this Section prior to the expiration of their Certification due to a temporary disability may apply for a waiver from the Office.

(19) Suspension and Revocation of Certification. (a) A Certification issued pursuant to this Chapter may be suspended or revoked by the Office upon verification that one or more of the following exists: 1. Any false statement as to material matter in the application. 2. Violation of any provision of this Chapter. 3. Fraud or misrepresentation in securing a Certification. (b) No Certification for a company or person shall be suspended, or revoked, until after a hearing before the Office upon notice to the person and/or company of a least ten (10) days at the last known address appearing on the Certification, served personally or by registered mail. (c) Any company or person whose Certification is revoked or suspended may appeal such determination to the Office within thirty (30) days. (d) Any company or person certified to perform an activity, who violates this part, after notice and hearing, may cause such company or person's Certification to be suspended and such company or person may receive a penalty not to exceed $5,000.00 per violation.

Ga. Comp. R. & Regs. r 120-3-25-.23

(1) Class I, Class IR and Class II Elevator Contractors shall submit to the Office an original or certified copy of an insurance policy issued by an insurance company authorized to do business in this State to provide general liability coverage of at least one million dollars ($1,000,000.00) for injury or death of one person and one million dollars ($1,000,000.00) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least five hundred thousand dollars ($500,000.00) for property damage in any one (1) occurrence and the statutory workers compensation insurance coverage.

(2) Class III and IIIR Elevator Contractors shall submit to the Office an original or certified copy of an insurance policy issued by an insurance company authorized to do business in this State to provide general liability coverage of at least five hundred thousand dollars ($500,000.00) for injury or death of one (1) person and at least five hundred thousand dollars ($500,000.00) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least two hundred fifty thousand dollars ($250,000.00) for property damage in any one (1) occurrence and the statutory workers compensation insurance coverage.

(3) Private Elevator Inspectors shall submit to the Office an original or certified copy of an insurance policy issued by an insurance company authorized to do business in this State to provide Professional Errors and Omissions Insurance coverage of at least one million dollars ($1,000,000.00) for injury or death of one person and one million dollars ($1,000,000.00) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least five hundred thousand dollars ($500,000.00) for property damage in any one (1) occurrence and the statutory workers compensation insurance coverage.

(4) Such policies must be issued by an insurance company authorized to do business in the State of Georgia by the Insurance Commissioner with a Best Policyholders rating of "A-" or better and with a financial size rating of Class V or larger.

Ga. Comp. R. & Regs. r 120-3-26-.08

(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this State, except for boilers and pressure vessels exempted under O.C.G.A. Section 25-15-16 , shall be thoroughly inspected as to their construction, installation, and condition as follows: (a) Power boilers and high pressure, high temperature water boilers shall receive a permit (certificate) inspection annually. The inspection shall be an internal inspection where construction permits; otherwise, it shall be a as complete an inspection as possible. These boilers will also receive an external inspection while under pressure, if possible. (b) Low pressure steam or vapor boilers shall receive a permit inspection biennially. (c) Hot water heating and hot water supply boilers shall receive a permit inspection biennially. (d) Pressure vessels shall receive a permit inspection triennial with an internal inspection at the discretion of the Inspector. (e) All certificate inspections under this section shall be done in accordance with the NBIC, Parts 1 & 2. The boiler owners and user shall be responsible for ensuring that the installation, maintenance, operation, and testing of controls and safety devices are in accordance with the manufacturer's requirements. The maintenance and testing of controls and safety devices shall be conducted by a contractor with a valid certificate of authority with the appropriate classification. The inspector will witness or review that all controls and safety devices have been tested to manufactures requirements. Appendix C in the current adopted edition of CSD-1 is an example of a report or checklist. If the boiler is governed by a different standard, it will be used as a guide to which controls and safety devices and systems need to be tested. (f) The Commissioner, the Chief Inspector, or any Deputy Inspector shall have free access during reasonable hours to any premises in the State where boilers or pressure vessels are being constructed, installed, operated, maintained, or repaired for the purpose of performing any required safety inspections in accordance with the Boiler and Pressure Vessel Safety Act, Chapter 15 of Title 25 and these Rules and Regulations. Any owner, user or other person responsible for boilers or pressure vessels that denies access to Inspectors shall be in violation of the Act. (g) An internal boiler inspection may be increased from an annual inspection frequency to eighteen (18) months for Black Liquor Boilers and a twenty-four (24) month inspection frequency for a Power Boiler by approval of the Office of Insurance and Safety Fire Commissioner. An employee delegated by the industrial facility shall apply for the extension. The following information shall be sent to the office for review: (1) Operator training. (2) Boiler maintenance records. (3) Water chemistry. (4) Letter of approval of extension from an authorized inspection agency. State inspector may be present with the in-service inspector during the internal Inspection, these expenses will be the responsibility of the industrial plant. A copy of the in-service inspector's detailed summary report of this inspection will be supplied to this office within 30 days of inspection. If a Black Liquor Boiler, a copy of the ESP test (Emergency Shutdown Procedure) will also be supplied.

(2) Cessation orders on unsafe equipment or equipment operating in violation of these Rules. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operation shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative. (b) If a boiler or pressure vessel is found to be operating after a cessation order has been issued, and/or prior to the required inspections, a penalty may be assessed as specified in Rules 120-3-26-.05 and/or 120-3-26-.18 as applicable. (c) Any person aggrieved by an order or an act of the Commissioner or the Chief Inspector may appeal in accordance with O.C.G.A. Section 25-15-28 .

(3) Reserved.

(4) All boilers or pressure vessels overdue for inspection as specified by Rule 120-3-26-.07 , by more than 6 months, a State Deputy Inspector shall inspect such boilers or pressure vessels and may invoice the Owner/User for a special inspection as specified by Rule 1203-26-.05(2), in addition to the standard inspection fees.

Ga. Comp. R. & Regs. r 120-3-26-.18

(1) All companies as contractors or individuals as owner/users, who install, maintain or service boilers shall have a certificate of authority for the activity performed. Certificate of Authority must be renewed every two years, on or before January 1st. The activity performed shall be Class I for power, high pressure hot water boilers, high temperature fluid heaters, Class II shall be for hot water or steam heating boilers, and Class III shall be for hot water supply boilers or lined potable water heaters. A -1 after the class number shall indicate owner/user location only. An asterisk (**) after the class number shall indicate a restriction, the restriction will be specified on the certificate

(2) All companies as contractors or individuals as owner/users who perform one or more of the above activities on power boilers, high pressure high temperature water boilers, high temperature fluid heaters, hot water or steam heating boilers, hot water supply boilers, electric boilers, heat recovery boilers, lined potable water heaters, miniature boilers, unfired steam boilers, or waste heat boilers as defined by O.C.G.A. Chapter 15 of Title 25 shall be required to show their competency by examination given by Safety Engineering for the scope of work being performed.

(3) Each Applicant will provide documentation which shows experience and training in the area where certification is requested. The documentation will be evaluated by Safety Engineering for competency prior to administering the exam.

(4) Installing equipment is the act of connecting piping and/or electrical circuits to the equipment and set the equipment up for use. Electrical circuits may be connected, by the installer, from the electrical disconnect to the equipment. All piping that is not connected to a water supply system, sanitary drainage system or storm drainage systems, may be connected by the installer.

(5) Maintenance and Servicing is defined as keeping the equipment in good working order: Any person or company who performs maintenance and service to equipment, shall be responsible for the following: cleaning, replacement of component parts with like parts, testing, blowing down, checking for proper operation, testing equipment after maintenance and service has been performed and starting or stopping of equipment or any other boiler related activity. (a) Owner/users who perform only the daily operation of the equipment by starting and stopping, blowing down, testing of safety devices or other related equipment operation practices shall be exempt.

(6) It shall be the responsibility of the owners/users or lessees to ensure the company, contractor and/or persons performing the work has the proper certificate of authority.

(7) It shall be the responsibility of all owners/users or lessees who are not exempted under paragraph (2) to have persons within their organization qualified and have a certificate of authority to perform installations, maintenance or service on their own boilers, or they may contract companies who have a certificate of authority to perform the scope of work requested.

(8) All installations shall meet the applicable ASME Code, CSD-1 and state adopted standards (see 300-6-1-.01 ).

(9) All maintenance and servicing shall meet the applicable requirements of ASME CSD-1, State adopted Standards, Manufacturer requirements and good Engineering Practice. Also may meet the requirements of ASME Sections VI and VII.

(10) The fee for the certificate of authority shall be $50.00 for the original issue and for each renewal.

(11) All procedures to implement the rules in this section shall be approved by the advisory committee.

(12) This section shall be effective January 1, 2021 and required to be fully implemented by January 1, 2022.

Ga. Comp. R. & Regs. r 120-3-26-.20

(1) Cessation Order . (a) The Office may issue a written order for the cessation of operation of a boiler or pressure vessel when it has been determined to be hazardous, unsafe, or the failure to comply with any of the provisions of these rules or the safety act. Operation shall not resume until such violations are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative. (b) In the event a person knowingly commits a violation or allows a violation to be committed after being issued a cessation order, or warning the Commissioner or the Commissioner's authorized representative may initiate a Citation as stated below.

(2) Issuance of Citation or Notice of Administrative Proceeding: (a) If upon inspection by an inspector or deputy inspector; 1. A boiler or pressure vessel is deemed to be in an unsafe condition, 2. The owner, operator, user, contractor, or installer has not complied with the Boiler & Pressure Vessel Laws or Rules, or 3. When a written warning citation has been issued and the violation continues, then the deputy inspector shall issue the violator a citation stating the date, time and place of the violation, the specific violation, the recommended penalty, and shall offer the respondent the opportunity for a hearing as set forth in this section. (b) If upon receiving information from any source, the Chief Inspector determines that there is a reasonable belief that: 1. A boiler or pressure vessel may be in an unsafe condition, 2. The owner, operator, user, contractor, or installer has not complied with the Boiler and Pressure Vessel Law or these Rules, or 3. When a warning has been issued, and the violation is a continuing violation, the Chief Inspector or the Director, Safety Engineering, on behalf of the Office, may issue Notice of Administrative Proceeding stating the date, time, and place of the violation, the specific violation, the recommended penalty, and shall offer the respondent the opportunity for a hearing as set forth in this section. (c) The Director, Safety Engineering, upon review of a citation issued under subsection (a) above, may, in his sole discretion, dismiss the citation and substitute therefore a Notice of Administrative Proceeding pursuant to subsection (b) above on the same, similar, or different violation, as required by the evidence. (d) The Commissioner, upon review of a Citation or Notice of Administrative Proceeding, in his sole discretion, may refer the matter to the appropriate prosecuting official for criminal or injunctive relief as permitted under law. In such event, the Commissioner may, in his sole discretion, elect to dismiss, suspend, or continue with the civil penalty proceeding.

(3) Hearing Procedure: (a) If request for a hearing is not received from the respondent within the allotted time, the Director, of Safety Engineering, on behalf of the Commissioner, may without further process impose a civil penalty not greater than the total of civil penalties set forth on the citation or in the Notice of Administrative Proceeding. An administrative order under the authority of the Commissioner may be issued to collect the civil penalty assessed. (b) Upon receipt of a request for a hearing pursuant to any Citation or Notice of Administrative Proceeding, further actions or proceedings shall be governed by the Georgia Administrative Procedure Act, O.C.G.A. Chapter 50-13, O.C.G.A. § 25-2-29 , O.C.G.A. § 25-15-28 , and applicable Rules and Regulations of the Commissioner. (c) All hearings, whether before the Commissioner or an appointed adjudicator, shall be conducted in accordance with the statutes and regulations cited in the preceding subparagraph. (d) The decision of an appointed adjudicator made after a hearing shall be an initial agency decision as set forth in O.C.G.A. § 50-13-41(d)(2) and shall be subject to review by the Commissioner, as set forth in O.C.G.A. § 50-13-41(d)(3) . (e) A decision made after a hearing before the Commissioner shall be the final agency decision in the matter and shall be subject to judicial review as set forth in O.C.G.A. § 50-13-19 .

(4) Guidelines for Imposition of Civil Penalties: (a) Any person, firm, partnership, corporation or other business entity, which violates this part, shall be subject to the imposition of civil penalties. Each day on which a violation occurs shall constitute a separate offense. Repeat offenses, when a violation occurs, shall constitute a separate offense. Repeat offenders, including those who refuse to adhere to orders of the inspectors, exceed the limitations of operating permits, or refuse to adhere to the requirements of these rules and regulations, may be referred to the appropriate prosecuting official for criminal (misdemeanor) or injunction relief as permitted under law. Serious violations, including those causing serious bodily injury or death, or which exhibit gross negligence or serious disregard for public safety, may also be referred to the appropriate prosecuting official for criminal (misdemeanor) or injunctive relief as permitted under law. (b) Notwithstanding the recommended minimum penalties set forth below, a serious violation, including those causing serious bodily injury or death, or which exhibit gross negligence or serious disregard for public safety, may receive the maximum penalty of $5,000.00 for each violation including a first offense. The imposition of a penalty for a violation of this part shall not excuse the violation or permit it to continue. (c) The deputy inspector issuing a Citation shall, at the time of issuance, specify a recommended civil penalty amount for each specific violation in accordance with these Rules and Regulations. The Director is charged with the responsibility to insure that recommended penalties for violations are graduated with the more serious violations receiving the heavier penalty and with assuring uniformity of recommended penalties such that offenders in similar circumstances with similar violations receive similar penalty recommendation. In this regard, the Director may dismiss a Citation and issue a Notice of Administrative Proceeding solely for the purpose of making an appropriate penalty recommendation. (d) The recommended civil penalty set forth in the Citation or Notice of Administrative Proceeding shall be given great deference by the appointed adjudicator. The minimum recommended penalties set forth below is normally for the first offense with only one violation being cited. The appointed adjudicator shall, after hearing the case, consider factors in mitigation of the violation as well as those in aggravation. The appointed adjudicator shall impose a penalty less than the recommended minimum penalty only upon finding unusually significant mitigating factors, and shall set forth those factors in the order. The appointed adjudicator may impose a penalty substantially greater than the Office recommended penalty upon finding significant aggravating factors associated with violations, and shall set forth those factors in the order. The appointed adjudicator shall consider the provision of these Rules and Regulations guiding the assessment of penalties. In particular, the appointed adjudicator shall, in cases involving structural damage, bodily injury, or death; or continued operation after an unsafe condition is detected or after the equipment is taken out of service by an inspector or deputy inspector, consider the imposition of separate penalties for each day of violation. The appointed adjudicator shall not assess a penalty exceeding $5,000.00 for each violation and each day of violation. (e) The appointed adjudicator may, in addition to a civil penalty, recommend in the order that the Commissioner suspend for a period of time or indefinitely, operating certificate, permits to install, or certificates for contractors.

(5) Minimum recommended penalties. (a) Specific Violations: 1. Operating equipment without an operating certificate. (O.C.G.A. Section 25-15-26 & Rule 120-3-26-.09 ) First offense ........................................ $250.00 Second offense .................................... $500.00 2. Operating equipment in an unsafe condition. (O.C.G.A. Section 25-15-22 & Rule 120-3-26-.09 ) First offense ........................................ $500.00 Second offense .................................. $1000.00 3. Failure to permit access for the purpose of inspecting or investigating equipment. (O.C.G.A. Section 25-15-23 & Rule 120-3-26-.07 ) First offense ........................................ $500.00 Second offense ................................. $1000.00 4. Failing to notify the Chief Inspector of any violation involving structural damage or injury. (O.C.G.A. Section 25-15-10 & Rule 120-3-26-.08 ) First offense ......................................... $500.00 Second offense ................................... $1000.00 Offense involved in death .................. $5000.00 5. Placing unit back in service, which has been "Red Tagged" and placed out of service by a deputy inspector without first having the unit inspected. (O.C.G.A 25-15-10 & Rule 120-26-18) First offense ........................................ $1000.00 Second offense .................................... $2500.00 6. Placing unit back in service, which has been involved in an accident prior to first having the unit inspected. (O.C.G.A. Section 25-15-10 & Rule 120-3-26.10 ) First offense ........................................ $1000.00 Second offense .................................... $2500.00 7. Turning equipment over for use without a final acceptance inspection. (O.C.G.A. Section 25-15-14 & Rule 120-3-26-.07 ) First offense .......................................... $500.00 Second offense .................................... $1000.00 8. Installing equipment without a permit. (O.C.G.A. Section 25-15-14 & Rule 120-3-26-.07 ) First offense ....................................... Double Permit Fee Second offense.................................... Triple Permit Fee 9. Inspecting without qualifications. (Rule 120-3-26-.10 ) First offense .......................................... $500.00 Second offense .................................... $1000.00 (b) General Violations: 1. Violating adopted Codes, Standards, Rules, Regulations or Orders. (O.C.G.A. Section 2515-14 & Rule 120-3-26-.01 ) First offense .......................................... $250.00 Second offense ...................................... $500.00 2. Certified company performing an activity which violates the law or regulations: (O.C.G.A. Section 25-15-14 & Rule 120-3-26-.16 ) Any Offense ....................................... $2500.00 and Suspension of Certificate Any third repeated offense might subject the violator to the maximum civil penalty permitted under the Act ($5,000.00).

Ga. Comp. R. & Regs. r 120-3-3-.04

(1) Unless otherwise stated in this chapter, the edition of the International Fire Code (IFC) , and the following editions of the codes, standards, recommended practices, guides and methods, as published in the National Fire Codes (NFC) by the National Fire Protection Association (NFPA), as adopted and modified in this Chapter, shall be the state minimum fire safety standards. Where any of the adopted publications of the NFPA references NFPA 1 or NFPA 5000, or any fire code or building code, it shall be construed that such references apply to the International Fire Code (IFC) or the International Building Code ( IBC ) respectively, as adopted by this Chapter 120-3-3, and the Georgia Department of Community Affairs. Where the IFC or IBC does not specifically address the referenced issue, NFPA 1 or NFPA 5000 may be applied subject to the approval of the authority having jurisdiction.

(2) Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living communities, assisted living homes, memory care units or other health care type occupancies or facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though the codes and standards or the editions of codes and standards adopted by that agency may not be specifically addressed or included in this chapter. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations.

(3) International Fire Code (IFC) , 2018 Edition Modifications: (a) Modifications to Chapter 1: 1. Delete section 101.1 in its entirety and substitute in its place the following: 101.1 " Title. The International Fire Code , 2018 edition, published by the International Code Council , when used in conjunction with this Chapter, shall be known as a Georgia State Minimum Fire Prevention Code , hereafter referred to as 'this Code' ." 2. Delete section 101.3 in its entirety and substitute in its place the following: 101.3 "Purposes and Intents of This Code . The primary purpose of this Code , as adopted, is to provide, along with other adopted codes and standards, for the reasonable minimum protection of life and property from the hazards created by fire, smoke, explosion, or panic created from a fear of fire or smoke. It is intended that the purposes of this Code be accomplished by: (1) Coordinating application and enforcement of its provisions with those of other applicable laws, rules, regulations, codes, and standards; and, (2) By coordinating the application of its provisions, where possible, with educational programs or efforts designed to bring about changes in high risk attitudes and behaviors that are the root causes of most fire related problems in Georgia; and (3) By encouraging or requiring informational and awareness programs designed to make the citizens of Georgia aware of their responsibilities for compliance with this Code as well as the other Rules and Regulations of the Safety Fire Commissioner. The intent of this Code is to establish the minimum requirements, consistent with nationally recognized good practice, for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises and to provide safety to fire fighters and emergency responders during emergency operations." 3. Add an exception to section 102.1 to read as follows: " Exception: This Code does not apply to one- and two- family dwellings or one- and two- family row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure." 4. Add an exception to section 102.2 to read as follows: " Exception: This Code does not apply to one- and two- family dwellings or one- and two- family row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure." 5. Delete section 102.3 in its entirety and substitute in its place the following: 102.3 " Change of use or occupancy. No change shall be made in use or occupancy of any building or structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this Code , as may be applicable, as well as those of the International Building Code ( IBC ), as adopted by the Department of Community Affairs. Pursuant to O.C.G.A. 25-2-14 , due to a change of use or occupancy of a building or structure the building or structure shall be treated as a proposed (new) building. (Refer to 103.3 of this Code regarding the requirements applicable to proposed (new) buildings and structures.)" 6. Delete section 102.4 in its entirety and substitute in its place the following: 102.4 " Application of the building code. The design and construction of proposed (new) buildings and structures shall comply with the International Building Code ( IBC ), as modified and adopted by the Georgia Department of Community Affairs. Repairs, alterations, additions, changes in use or occupancy classification, or changes in buildings or structures required by provisions of the IFC , and which are within the scope of the IBC , shall be made in accordance with the IBC , for purposes of this Chapter." 7. Add a new 102.5.1 to read as follows: 102.5.1 "The provisions of 102.5 shall apply to local authorities having jurisdiction unless there is a change of use or occupancy that would apply under 102.3 and which would bring the new use or occupancy under the jurisdiction of O.C.G.A. 25-2-13(b)(1) " 8. Delete section 102.6 in its entirety and insert in its place the following: 102.6 " Historic Buildings, General. O.C.G.A. 25-2-13(a)(2) defines a "Historic building or structure" as "any individual building which contributes to the historic character of a historic district, so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources, or so designated pursuant to the provisions of Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act." (A) Refer to 102.1 and 102.2 regarding the application of this Code to existing buildings. Except to the extent required by applicable laws of Georgia (O.C.G.A. 25-2-13(b)(3)(D) and (E) , the provisions of this Code are not mandatory for buildings or structures identified and classified by the state, or as appropriate, a local jurisdiction, as historic buildings when such buildings or structures are judged by the fire code official to be safe and in the public interest of health, safety and welfare, based on the criteria established by the referenced provisions of the Official Code of Georgia Annotated. When evaluating the safety of historic buildings the fire official should consult O.C.G.A. Title 8, Chapter 2, Article 3 entitled, 'Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings,' and the provisions of O.C.G.A. Sections 25-2-13(b)(3) & 25-2-13(b)(4) , and NFPA Standard 914, Code for Fire Protection of Historic Structures , as adopted by this Chapter as a recommended practice." 9. Delete section 102.7 in its entirety and substitute in its place the following: 102.7 " Referenced codes and standards. Where the provisions of this Code or the standards referenced thereby and in Chapter 45 of this Code do not apply to the specific subjects, situations or conditions encountered that involve risks to life and property from the hazards of fire, panic from fear of fire or smoke, or related hazards, compliance with the applicable chapters of the Rules and Regulations of the Safety Fire Commissioner shall be evidence of compliance with this Code ." 10. Add a new section 102.13 to read as follows: 102.13 " Coordination of provisions. This Code shall apply to all buildings, structures and facilities as provided in subsections 102.1 and 102.2, and shall be utilized in conjunction with codes and standards specified in Table 102.13 entitled, " CODES REFERENCE GUIDE ." Table 102.13 Codes Reference Guide Area Primary Supplement Occupancy Classification LSC IBC Building Construction Types, including allowable height, allowable building area, and the requirements for sprinkler protection related to minimum building construction types IBC LSC Means of Egress LSC NONE Standpipes IBC IFC Interior Finish LSC NONE HVAC Systems IMC NONE Vertical Openings LSC NONE Sprinklers Systems minimum construction standard LSC NONE Fire Alarm Systems LSC NONE Smoke alarms & Smoke Detection Systems State Statute & LSC NONE Portable Fire Extinguishers IFC NONE Cooking Equipment LSC & NFPA 96 NONE Fuel Fired Appliances IFGC NFPA 54 Liquid Petroleum Gas NFPA 58 NFPA 54 Compressed Natural Gas NFPA 52 NONE 11. Delete section 103 and all sections there-under in their entirety and substitute in its place the following: SECTION 103 " GENERAL PROVISIONS FOR EXISTING AND PROPOSED (NEW) BUILDINGS. 103.1 General Provisions. The administration, enforcement and penalty provisions of O.C.G.A. Title 25, Chapter 2, and the administrative provisions of the various chapters of the Rules and Regulations of the Safety Fire Commissioner shall apply to and regulate the application and enforcement of this Code by the Safety Fire Division of the Office of the Safety Fire Commissioner. NOTE: Nothing herein shall be construed as prohibiting any local jurisdiction from adopting the deleted portions of Chapter 1 of this Code for local purposes, provided, however, local amendments shall not be less restrictive than this Code , and other codes and standards as adopted by the various chapters of the Rules and Regulations of the Safety Fire Commissioner. 103.1.1 The provisions of O.C.G.A. Title 25, Chapter 2, and other applicable state laws, and the applicable provisions of various chapters of the Rules and Regulations of the Safety Fire Commissioner regarding the requirements for certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. shall apply and are in addition to any requirements of local jurisdictions. Local authorities having jurisdiction need to be consulted to determine if rules and regulations of the local jurisdiction regarding the requirements for local certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. also apply. 103.1.1.1 The administrative, operational, and maintenance provisions of this Code , with regard to the Safety Fire Division of the Office of the Georgia Safety Fire Commissioner, shall be limited to the scope and intents and purposes of the Official Code of Georgia Annotated (O.C.G.A.) Title 25, Chapter 2, and the Commissioner's Rules and Regulations. 103.1.1.1.1 Pursuant to O.C.G.A. 25-2-13(d) , every person who owns or controls the use of any building, part of a building, or structure described in O.C.G.A. 25-2-13(b)(1) , which because of floor area, height, location, use or intended use as a gathering place for large groups, or use or intended use by or for the aged, the ill, the incompetent, or the imprisoned, constitutes a special hazard to property or to the life and safety on account of fire or panic from fear of fire, must so construct, equip, maintain, and use such building or structure as to afford every reasonable and practical precaution and protection against injury from such hazards. No person who owns or controls the use or occupancy of such a building or structure shall permit the use of the premises so controlled for any such specially hazardous use unless he has provided such precautions against damage to property or injury to persons by these hazards as are found and determined by the Commissioner in the manner described in O.C.G.A. 25-2-13(d) to be reasonable and practical. 103.2 Existing buildings. Every building and structure existing as of April 1, 1968, which building or structure is listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 shall comply with the minimum fire safety standards in the Rules and Regulations of the Safety Fire Commissioner promulgated pursuant to O.C.G.A. 25-2 which were in effect at the time such building or structure was constructed. Exception 1: Any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to O.C.G.A. 25-2. Exception 2: A less restrictive provision contained in any subsequently adopted minimum fire safety standard pursuant to O.C.G.A. 25-2, may be applied to any existing building or structure. 103.2.1 Existing buildings to be deemed a proposed building. For the purposes of O.C.G.A. 25-2-14(b) , any existing building or structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner, pursuant to O.C.G.A. 25-2-12 , shall be deemed to be a proposed (new) building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy, or a change to the occupant load or structure issued as a condition of occupancy. The term "substantial renovation", for purposes of this subsection means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation (O.C.G.A. 25-2-14 ). Where a change of classification is involved, also refer to 102.3 of this Code . 103.3 Proposed (new) buildings and additions to existing buildings: 103.3.1 Pursuant to O.C.G.A. 25-2-14.1(b) , every proposed building and structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 shall comply with the adopted minimum fire safety standards that were in effect on the date that plans and specifications therefore were received by the state fire marshal, the proper local fire official marshal, or state inspector for review and approval. Complete plans for proposed (new) buildings and structures recorded as received by the authority having jurisdiction for review prior to the effective date of this Chapter, may be reviewed under the codes, standards, and Rules and Regulations of the Safety Fire Commissioner in force prior to the effective date of this Chapter. 103.3.1.1 Projects receiving a construction permit under earlier editions of the codes and standards must start construction no later than 360 days from the issue date of the permit in order not to require resubmittal for review under the newer adopted codes and standards. 103.3.2 Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which come under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started (O.C.G.A. 25-2-14(a) ). All such plans and specifications submitted as required by O.C.G.A. 25-2-14(a) shall be accompanied by a fee in the amount provided in O.C.G.A. 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner. 103.3.3 Pursuant to O.C.G.A. 25-2-37(a) , it shall be unlawful for any person to begin construction on any proposed building or structure which comes under the classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 without first having plans approved in accordance with O.C.G.A. 25-2-14 . 103.4 Proposed building construction and completion. Pursuant to O.O.G.A. 25-2-14(b), a complete set of plans and specifications approved as set forth in 103.3.3 shall be maintained on the construction site, and construction shall proceed in compliance with the state minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure or his authorized representative shall notify the state fire marshal, the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed. 103.5 Certificate of occupancy required. Pursuant to O.C.G.A. 25-2-14(c) , every building or structure which comes under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a charge in the amount provided in O.C.G.A. 25-2-4.1 , shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in O.C.G.A. 25-2-14(d) . (See 103.2.1 of the IFC , as adopted by this Chapter.)" 12. The provisions of section 105, PERMITS, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes. Refer to section 103.3 with regard to permits required by the Rules and Regulations of the Safety Fire Commissioner. 13. The provisions of section 109, BOARD OF APPEALS, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes. 14. Delete section 110.4 and all sections there-under in their entirety and substitute in its place the following: 110.4 " Violation penalties. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code , shall be guilty of violation of Section 25-2-37 of the Official Code of Georgia Annotated. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 110.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises." 15. The provisions of section 113, SERVICE UTILITIES, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes. (b) Modifications to Chapter 2: 1. Delete section 201.3 in its entirety and substitute in its place the following: 201.3 " Terms defined in other codes. Where terms are not defined in 120-3-3-.03 of Chapter 120-3-3 or other applicable chapters of the Rules and Regulations of the Safety Fire Commissioner, or this Code and are defined in the International Building Code ( IBC ), the International Fuel Gas Code (IFGC) , the International Mechanical Code (IMC) , or the codes and standards of the National Fire Protection Association (NFPA), as adopted by this Chapter and other Rules and Regulations of the Safety Fire Commissioner, such terms shall have the meanings ascribed to them as in those codes and standards." 2. Delete Institutional Group I-2 in its entirety and replace with: Institutional Group I-2. Institutional Group I-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are not capable of self-preservation. This group shall include, but not be limited to, the following: Foster care facilities Detoxification facilities Hospitals Nursing homes Psychiatric hospitals Assisted Living Communities Memory Care Units Limited Care Facilities (Limited Healthcare) (c) Modifications to Chapter 3: 1. Delete section 303.5 in its entirety and substitute in its place the following: 303.5 " Portable Fire Extinguishers. There shall be at least one portable fire extinguisher complying with Section 906 and with a minimum 2-A:40-B:C rating within 25 feet (7620 mm) of each asphalt (tar) kettle during the period such kettle is being utilized, and a minimum of one additional portable fire extinguisher with a minimum 3-A:40-B:C rating on the roof being covered." 2. Add new exceptions 4, 5, 6, 7 and 8 to section 308.3 to read as follows: "Exception #4: In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible material and use of the pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience , as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display. Exception #5: In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience , as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display. Exception #6 On stages and platforms as a necessary part of a performance in public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display. Exception #7 In Group A public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper firefighting equipment as determined by the local fire official, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible material and use of the pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience , as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display. Exception #8: In public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper firefighting equipment as determined by the local fire official, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience , as adopted by this Chapter. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display." 3. Delete section 310.1 'General' its entirety and substitute in its place the following: 310.1 " General. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in areas indicated in Sections 310.2 through 31.8, buildings, structures, or areas, or portions of buildings, structures, or areas, as indicated is this in any other code or standard as adopted by the Rules and Regulations of the Safety Fire Commissioner, or where prohibited in accordance Chapter 12A of Title 31 of the O.C.G.A." 4. Delete section 319.1 'General' its entirety and substitute in its place the following: 319.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations as adopted by this Chapter 120-3-3 and this section. 5. Delete section 319.3 'Exhaust hood' in its entirety and substitute in its place the following: 319.3 Exhaust hood. Cooking equipment that produces grease-laden vapors shall be provided with a kitchen exhaust hood that complies with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations as adopted by this Chapter 120-3-3. 6. Delete section 319.4 'Fire protection' in its entirety and substitute in its place the following: 319.4 Fire protection. Fire protection shall be provided in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations as adopted by this Chapter 120-3-3.3 -3 of the Rules and Regulations of the Safety Fire Commissioner." (d) Modifications to Chapter 4 : (4) Add section 403.1.1 to read as follows: 403.1.1 " Caregiver training. A minimum of three hours' initial fire safety training for receipt of a certificate of training for successful completion shall be required for all directors, operators and all staff members of day-care facilities (adult and children), and for administrator's, directors, operators and all staff of Group I-1 and Group R-4, assisted living communities, assisted living facilities, community living arrangements, memory care units, personal care homes, and residential board and care homes, as defined in Chapter 2 of this Code or as defined by the Life Safety Code , and or as adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner. The curriculum for the fire safety training shall receive written approval by the State Fire Marshal's Office and be taught by an instructor registered with the Safety Fire Commissioner's Office. All persons as required herein to obtain such required training shall receive this training within 90 days from receipt of a license, being commissioned or the opening of a new facility. Such new persons shall receive a minimum of three hours' initial fire safety training and recommendation for receipt of a certificate of training for successful completion of the training within 90 days of employment. In addition, a minimum of two hours of fire safety refresher training shall be required for receipt of a certificate of training for successful completion of the refresher training. The refresher training shall be required for all persons coming under 403.1.1, every three years from the date initial training is received. Registered instructors shall deliver the training based on policies and direction from the State Fire Marshal's Office. Instructors found not to be delivering the training in accordance with the said policies and direction shall be removed from the registry and prohibited from delivering future training." 2. Delete section 403.8.2 in its entirety and substitute in its place the following: 403.8.2 Group I-2 occupancies. Group I-2 occupancies to include Assisted Living Communities, Memory Care Units and Limited Care Facilities (Limited Healthcare) shall comply with Sections 401, 403.8.2.1 through 403.8.2.3 and 404 through 406. (e) Modifications to Chapter 5: 1. Add a new section 501.5 to read as follows: 501.5 " Where buildings or facilities fall under the jurisdiction of the Georgia Safety Fire Commissioner as set forth in the Official Code of Georgia Annotated (O.C.G.A.), Title 25, Chapter 2, except for State owned facilities and State occupied facilities, it is intended that the provisions of Chapter 5 that primarily relate to fire department response, access to facilities, access to building interiors, key boxes, premises identification, fire department connection locations, and fire hydrant locations be administered by the local Fire Chief and/or Fire Code Official responsible for providing fire or other emergency response to the buildings or facilities. With regard to State owned State occupied facilities, that are not provided with a facility fire department, it is intended that the local Fire Chief and/or Fire Code Official providing fire protection to such facilities shall have input in the planning of facilities with regard to the noted provisions covered by Chapter 5." 2. Delete section 503.1.1 in its entirety and substitute in its place the following: 503.1.1 " Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction as determined by the local Fire Chief and/or Fire Code Official of the responding fire department or agency. The fire apparatus access road shall comply with the requirements of this section and Appendix D of this Code . The fire apparatus access road shall extend to within 150 feet (45.7 m) of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The local Fire Chief and/or Fire Code Official of the responding fire department or agency is authorized to increase the dimension of 150 feet (45.7 m) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. The fire apparatus access roads cannot be installed because of location on the property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies." 3. Add a new section 504.1.1 to read as follows: 504.1.1 " Access Doors. For fire department emergency access purposes, there shall be at least one access door in each 100 linear feet (30.5 m) or major fraction thereof of the exterior walls which face the access roadways required by Section 503, unless otherwise required in this code section. In exterior walls designed with continuous rolling dock doors, which face access roadways, there shall be at least one access door in each 200 linear feet (61 m) or fraction thereof. Required access doors shall be a minimum of 3 feet (0.9 m) wide and 6 feet 8 inches (2 m) high and shall be accessible without use of a ladder. Rolling doors are acceptable for such purposes in buildings protected throughout by an approved automatic sprinkler system(s) unless otherwise approved for unsprinklered buildings by the local Fire Chief and /or Fire Code Official." Exception: The local Fire Chief and / or Fire Code Official of the responding fire department or agency is authorized to increase the 100 linear feet. 4. Delete section 507.5.1 in its entirety and substitute in its place the following: 507.5.1 " Where required . Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrant and mains shall be provided where required by the local Fire Chief and/or Fire Code Official of the responding fire department or agency. Exceptions : 1. For group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m)." 5. Delete subsection 507.5.1.1 in its entirety without substitution. Refer to section 905 of this Code . 6. Delete Section 510 (510.1 through 510.6.4) in its entirety and replace with the following: Section 510 In-Building Emergency Responder Communications Enhancement Systems 510.1 In all new and existing buildings, minimum radio signal strength for emergency services department communications shall be maintained at a level determined by the local Fire Chief and/or Fire Code Official responsible for providing fire or other emergency response to the building. 510.2 In-building emergency responder communication enhancement systems shall comply with the design, installation, testing, inspection, and maintenance requirements in Chapter 18 of NFPA 1225 as adopted in the Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3. 7. Add a new section, Appendix D 107.1, as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds 120 shall be provided with two separate and approved fire apparatus access roads. Exceptions: 1. Where there are more than 120 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official . 3. The fire apparatus access roads cannot be installed because of location on the property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. Plans shall accompany the written request that delineate improvements to proposed fire apparatus access roads approved by the fire code official of the local responding fire department. Recommended compliance alternatives for residential developments having less than the minimum of two entrances includes, but is not limited to one of more of the following alternative remedies: 1. Enhanced turning radii to meet local responding fire department requirements; and/or 2. Increased road widths to meet local responding fire department requirements; or 3. Fire Lane signs per D103.6 in locations determined by the Fire Code Official; or 4. The absence of dead-end streets and cul-de-sacs; and unless the requirements meet or exceed Table D103.4 for Fire Apparatus Access Roads; or 5. The primary entrance roadway being a boulevard with medians and each lane meeting fire access road widths; or 6. Single entrance roads providing a dedicated emergency lane separating each drive lane; or 7. Additional fire apparatus access road which is permitted to be a roadway or approved surface not accessible to motor vehicles, designed by a registered design professional to meet the loading requirements and minimum specifications of Appendix D; and this surface provides all weather conditions capabilities for emergency fire department access; or 8. Statement by Fire Code Official that the Plans submitted meet the requirements of Exception 3 and/or Appendix D for access by local responding fire department Pursuant to O.C.G.A. Title 25-2-12 (e)(4) the local fire official, building official, or developer may obtain a waiver when adequate access appropriate for the fire apparatus of the local responding fire department is not met or provided by using alternative methods on a waiver form designed and prescribed by the Safety Fire Commissioner. The State Fire Marshal or designated representative shall respond within 30 days for the decision for approval or disapproval or recommendations for modifications to the Plan. If the 30-day time frame is not met, the Plans submitted shall be deemed to be approved. Add a new section, Appendix D 107.2, as follows: Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. (f) Modifications to Chapter 6: 1. Add exception number 3 to 603.4 to read as follows: 3. In emergency conditions, when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction. Such devices shall be supervised during their period of operation by the establishment of a fire watch system based on the definition of "Fire Watch" in Chapter 2 of this Code. Persons assigned to perform fire watch duties shall be instructed as to their duties. 2. Delete section 604.4 in its entirety and substitute in its place the following: 604.4 "Multiplug adapters & Relocatable Power Taps (RPTs). 604.4.1 Multiplug adapters. The use of multiplug electrical outlet adapters, such as but not limited to cube adapters or plug strips, or any other similar device that is not UL listed and is not equipped with overcurrent protection shall be prohibited. Such devices that are UL listed and are equipped with overcurrent protection shall only be used in accordance with the UL listing and in accordance with the manufacturer's instructions. Such listed devices shall not be used where specifically prohibited by a provision of NFPA 70, National Electrical Code . Where there is any conflict between the UL listing and the manufacturer's instructions, the UL listing provisions shall prevail. The suitability for the use of RTP's shall be based, by the user, on 110.3(A)(1) of the National Electrical Code . 604.4.2 Relocatable Power Taps (RPT's): 604.4.2.1 Relocatable Power Taps (RPT's) shall be UL listed and labeled in accordance with UL1363. They shall be of the polarized or grounded type, and be equipped with overcurrent protection. RPT's shall be used in accordance with their UL listing and the manufacturer's instructions. [NEC, 110.3(B)] Where there is any conflict between the UL listing and the manufacturer's instructions, the UL listing provisions shall prevail. Such listed devices shall not be used where specifically prohibited by a provision of NFPA 70, National Electrical Code . 604.4.2.2 RPT power supply. RPT's shall be directly connected to a permanently installed electrical receptacle. An RPT shall not be plugged into another RPT or into an extension cord or flexible cord. A UL listed extension cord or flexible cord having only one outlet and serving only one device may be plugged into an RPT so long as the arrangement does not cause an overcurrent condition in the RPT. 604.4.2.3 RPT power cords. Power cords of RPT's shall not be extended through holes in walls, structural ceilings, or floors. Such cords shall not be run under doors or floor coverings. They shall not be run through doorways, windows, or similar openings. 604.4.2.4 Protection from physical damage. RPT's shall be mounted off floors to a wall or fixture so as to be protected against physical damage. The method of mounting shall not be permanent so that the devices may be easily relocated as need dictates. 604.4.2.5 Restricted use in Health Care Occupancies. "Hospital grade "RPT's listed, based on UL 1363A, for use in "patient care" or "patient sleeping rooms" of a hospital, limited care facility, nursing home, hospice, or ambulatory health care facility may be used in such locations, unless such use is specifically prohibited by this Code , NFPA 70, National Electrical Code , NFPA 101, Life Safety Code , NFPA 99, Health Care Facilities Code , or other applicable State or Federal rule or regulation." 3. Insert an Informational Note following section 604.4.2.4 to read as follows: "Informational Note: Based on UL1363, RPT's are intended for indoor use as an extension of a grounding alternating-current branch circuit for general use. Where such devices are used or intended to be used for voltage surge suppression, the RPT is also required by UL1363 to meet the provisions of UL1449 for Transient Voltage Surge Suppressors. UL1363 incorporates this compliance. Such devices may be utilized for the protection of personal or laptop computers, computer related devices, word processors, memory typewriters, and other low load devices. They are not intended for use with high load equipment such as, but not limited to, refrigerators, coffee pots, microwave ovens, toasters, toaster ovens, space heaters, and other high power load devices. The labeling and manufacturer's information and instructions need to be consulted to determine if the RPT is also listed for transient voltage suppression. In addition, some RPT devices have additional options included in the device such as "electrical noise" filtration. UL1363 would also require and ensure that component would meet UL1283. The safety requirements relative RPT's regardless of the various extras that may be included in a device covered by UL1363 and the RPT manufacturer's instructions. RPT's have also been referred to as "Temporary Power Taps (TPT's)", "power strips", "Surge/Spike Protectors", or "Portable Outlets" among other designations. NFPA 70, National Electrical Code (NEC), 2011 edition, does not utilize the term "Relocatable Power Tap or RPT, however, for safety provisions similar to those utilized by UL, reference can be made to NEC Article 400, Flexible Cords and Cables, Article 406, Receptacles, Cord Connectors, and Attachment Plugs (CAPS), and Article 517 Health Care Facilities." 4. Delete section 604.10 and the exception thereto, and substitute in its place the following: Sections 604.10.1 through 604.10.4 remain unchanged. 604.10 "Portable, electric space heaters. Portable, electric heaters are prohibited in all portions of occupancies in Groups A, E (including day care), I-1, I-3, R-1, R-2, and R-4. Where not prohibited by other chapters of this Code , or by provisions of NFPA 101, Life Safety Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, portable, electrical space heaters shall be permitted to be used in all other occupancy groups. Where use is permitted, portable electric space heaters shall comply with Sections 604.10.1 through 604.10.5 and 604.10.6 where applicable." 5. Add a new section 604.10.6 to read as follows: 604.10.6 "Oil filled radiator type, portable electric space heaters that have a maximum surface temperature restriction of 250º F, may be permitted to be used in staff and employee areas that are located on floors not occupied by patient or staff sleeping areas and that are totally sprinkler protected in I-2 occupancies as defined in Chapter 2 of this Code . For single story I-2 occupancies, such devices may be used in staff and employee non-sleeping areas that are totally sprinkler protected and that are separated from staff and patient sleeping room areas by 1-hour fire rated construction. Such space heaters shall comply with 604.10.1 through 604.10.5." 6. Add a new 604.12 to read as follows: 604.12 " Separation from Transformers. Space separation for transformers shall be as follows: (1) Transformer pad locations shall be a minimum of 10 feet (3 m) from any building, building overhangs, canopies, exterior walls, balconies, exterior stairs and/or walkways connected to the building. (2) Transformer pad edges shall be not less than 14 feet (4.3 m) from any doorway. (3) Transformer pad edges shall be not less than 10 feet (3 m) from any window or other opening. (4) If the building has an overhang, the 10 foot (3 m) clearance shall be measured from a point below the edge of the overhang only if the building is three stories or less. If the building is four stories or more, the 10 foot (3 m) clearance shall be measured from the outside building wall. (5) Fire escapes, outside stairs, and covered walkways attached to or between buildings, shall be considered as part of the building. 604.12.1 Transformer pads may be located closer to noncombustible walls than the above required minimum clearances in 605.12(1) upon written approval of the authority having jurisdiction, however, in no case shall the transformer location be less than 3 feet (0.9 m) from the building. 604.12.2 Transformer pads existing prior to December 31, 1994, are exempted from the requirements of 605.11. When buildings are modified, reductions in space separations may be less than the above required minimum clearances upon written approval of the authority having jurisdiction." 7. Delete section 607 in its entirety and substitute in its place the following: 607.1 "General. Commercial kitchen exhaust hoods and residential cooking appliances in commercial and public buildings shall comply with the requirements of NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations , as adopted by this Chapter 120-3-3." 7. Delete section 609.2 in its entirety and substitute in its place the following: 607.2 " Where required. A commercial hood complying with NFPA 96, as adopted by this Chapter 120-3-3, shall be installed in any occupancy at or above all commercial cooking appliances, and domestic cooking appliances used for commercial purposes and which produce grease laden vapors. 607.2.1 The provisions of 607.2 shall not apply where provided for in the scoping provisions of subsection 1.1.4 of NFPA 96, as adopted by this Chapter 120-3-3." 8. Delete 607.3 in its entirety and substitute in its place the following: 607.3 " Operations and maintenance. Commercial cooking appliances, and domestic cooking appliances used for commercial purposes and which produce grease laden vapors, and all components of ventilation systems serving such appliances shall be installed, operated and maintained in accordance with the provisions of NFPA 96 as adopted by this Chapter 120-3-3." (g) Modifications to Chapter 7: 1. Add a new 701.2.2 to read as follows: 701.2.2 " Barrier Identification. All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording is, "(__) Hour Fire and Smoke Barrier-Protect All Openings." (h) Modifications to Chapter 8: 1. Delete section 801.1 in its entirety and substitute in its place the following: SECTION 801 " GENERAL, 801.1 Scope. The provisions of this Code , as adopted by this Chapter shall govern furniture, furnishings, decorative vegetation, and decorative materials, as defined in Chapter 2 of this Code , in buildings and structures. Section 803 shall be applicable to all existing buildings, structures, or spaces constructed and issued the required certificate of occupancy prior to the effective date of this Chapter 120-3-3. Sections 804 through 808 shall be applicable to such existing buildings, structures, and or spaces, and to proposed (new) buildings, structures, or spaces. For the purposes of this Code , wall padding, wall mounted gym pads, crash pads, or other pads mounted or secured to walls shall meet the provisions of this NFPA 101, Life Safety Code applicable to interior finish materials. Gym pads or other pads used on floors shall be considered as furnishings. Interior finish and trim in proposed (new) buildings shall be regulated by NFPA 101, Life Safety Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (i) Modifications to Chapter 9: 1. Delete section 901.3 in its entirety and substitute in its place the following: 901.3 " Approvals and Permits. Fire protection systems shall be approved as set forth by the authority having jurisdiction. Local authorities having jurisdiction may require permits as required and set forth in 105.6 and 105.7 of this Code ." 2. Delete section 901.4.1 in its entirety and substitute in its place the following: 901.4.1 "Required fire protection systems. Fire suppression systems required by this Code , the International Building Code , the Life Safety Code , or other codes and standards adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner, shall be installed, operated, tested, repaired and maintained in accordance with this Code and applicable standards adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner." 3. Delete section 901.4.2 in its entirety and substitute in its place the following: 901.4.2 "Provisions in excess of the minimum code requirements shall, as a minimum, be installed to meet the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. Any non-required fire protection system which is added onto, interconnected with, any required fire protection system (of a similar type), shall be designed, installed, and maintained in accordance with the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. 901.4.2.1 The provisions of 901.4.2 shall not apply to other installations not conforming with the provisions of the currently adopted code(s) and/or standard(s) applicable to the provision at the time of its installation if such installations are reported and filed with the local responding fire department and the authority having jurisdiction. In addition such systems shall be identified as required by the authority having jurisdiction. 901.4.2.2 The provisions of 901.4.2 shall not apply for non-required systems designed, reviewed, installed and approved in accordance with local codes and/or ordinances." 4. Delete section 903.2 in its entirety and substitute in its place the following: 903.2 " Where required . (a) Approved automatic sprinkler systems for proposed (new) buildings and structures approved for construction as set forth in 103.3.1 of this Code , or where specifically required for existing buildings and structures, shall as the minimum level of protection, be that required by the applicable provisions of NFPA 101, Life Safety Code and applicable provisions of other codes and standards adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner, and this Code section; provided, however, the International Building Code ( IBC ) shall govern the requirements for sprinkler protection that are related to minimum building construction types, or to increases in building area and height limitations imposed by the IBC ." (Refer to Table 102.13, CODES REFERENCE GUIDE ) (b) Where a new automatic sprinkler system is required by this Code or other code, standard, rule or regulation, the system shall be designed and installed in accordance with the requirements applicable to systems in proposed (new) buildings and structures. (c) In addition, an automatic sprinkler system may be required for new or existing buildings, structures, spaces, or conditions by other NFPA standards adopted by this Chapter 120-3-3, or other Rules and Regulations of the Safety Fire Commissioner. (d) The requirements for the installation, design, and testing of automatic sprinkler systems shall be as applicable, NFPA 13, Standard for the Installation of Sprinkler Systems , NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height ; and NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or as adopted and modified by this Chapter 120-3-3. 903.2.1 The sprinkler protection provision of 903.2 shall not be mandatory for spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with a supervised automatic fire alarm system, and are separated from the remainder of the building by fire barriers consisting of walls and floor/ceiling assemblies having a fire resistance rating of not less than 2-hours. NOTE: NFPA 76, Fire Protection of Telecommunications Facilities , should be consulted. Refer to the edition adopted by this Chapter 120-3-3." 5. Delete section 903.3.7 of this Code in its entirety and substitute in its place the following: 903.3.7 " Fire department connections. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of this Code , adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 6. Delete section 904.2.2 in its entirety and substitute in its place the following: 904.2.2 " Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 607 to have a commercial hood complying with NFPA 96, shall be protected with an approved automatic fire-extinguishing system installed in accordance with this Code and applicable provisions of NFPA 96." 7. Delete section 904.12 in its entirety and substitute in its place the following: "904.12 Fire Protection for Commercial Cooking Operations. 904.12.1 The requirements for, as well as the design, installation, protection and maintenance of cooking equipment, shall be as required by NFPA 101, Life Safety Code and NFPA 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by this Chapter 120-3-3." (Refer to Table 102.13, CODES REFERENCE GUIDE ) 904.12.2 Fire suppression systems approved for the protection of commercial cooking appliances shall be designed, installed, and maintained in accordance with the applicable standards adopted in this Chapter. 904.12.3 Portable fire extinguishers for commercial cooking appliances. Portable fire extinguishers shall be installed in kitchens or other commercial cooking areas in accordance with NFPA 10 and NFPA 96, as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner. Class K portable fire extinguishers and the required operation sequence signage required by NFPA 10, shall be located between 5 feet and 10 feet from the manual release device(s) of the kitchen exhaust hood fire suppression system(s)." 8. Delete section 905.1 in its entirety and substitute in its place the following: 905.1 " General. The State's minimum requirements for standpipe systems shall be as required by the International Building Code ( IBC ) or This Code . Standpipe systems shall be designed, installed and tested in accordance with NFPA 14, Standard for the Installation of Standpipe, and Hose Systems as adopted by this Chapter 120-3-3. (Refer to Table 102.13, CODE REFERENCE GUIDE )" 9. Insert a new subsection 905.13 to read as follows: 905.13 " Fire department connections. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of this Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 10. Delete section 906.1 in its entirety and substitute in its place the following: 906.1 " Portable Fire Extinguishers - General. Portable fire extinguishers shall be installed in all buildings, structures and facilities falling under this Code and O.C.G.A. 25-2. For any other building, structure, facility, or condition or special hazard, portable fire extinguishers shall be provided as may be required by this Code in Table 906.1, or by various codes and standards adopted by this Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.13, CODES REFERENCE GUIDE )." 11. Delete section 906.2 in its entirety and substitute in its place the following: 906.2 " General requirements. The selection, distribution, installation, and maintenance of portable fire extinguishers shall comply with NFPA 10, Standard for Portable Fire Extinguishers , as adopted by this Chapter 120-3-3. 906.2.1 The maximum travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies. 906.2.2 Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met: (a) Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed. (b) Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal. (c) The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment. (d) Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed. (e) A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to ensure that hydrostatic tests are conducted at the frequency required by NFPA 10. 906.2.3 In Group E - Educational occupancies, in lieu of locating fire extinguishers in corridors and normal paths of travel as specified in NFPA 10, Standard for Portable Fire Extinguishers , fire extinguishers may be located in rooms that open directly onto such corridors and pathways provided all of the following are met: (a) The room in which such extinguishers are placed are located in close proximity to that portion of the corridor where a fire extinguisher would otherwise be placed in accordance with NFPA 10; Standard for Portable Fire Extinguishers , (b) A sign which states in white letters at least one inch in height on a red background, 'FIRE EXTINGUISHER LOCATED IN THIS ROOM,' is placed on the corridor wall immediately adjacent to the entrance way of each such room so that it can be clearly seen at all times; (c) The rooms in which such extinguishers are placed shall be constantly supervised during school hours; and, (d) Those rooms cannot be subject to being locked at any time the building is occupied." 12. Delete sections 906.3 through 906.10 without substitution (Refer to NFPA 10). 13. Delete section 907.1 in its entirety and substitute in its place the following, while retaining existing subsections: 907.1 " Fire Alarm Systems - General. (a) The State's minimum requirements for fire alarm systems in proposed (new) buildings and structures approved as set forth in 103.3.1 of this Code shall be as required by NFPA 101, Life Safety Code , as adopted by this Chapter 120-3-3. Fire alarm systems shall be designed, installed, tested, and maintained in accordance with NFPA 72, National Fire Alarm and Signaling Code , as adopted by this Chapter 120-3-3. (b) New fire alarm systems to be installed in existing buildings shall be designed, installed, and maintained in accordance with NFPA 72, as adopted by this Chapter 120-3-3. (Refer to Table 102. 13 CODES REFERENCE GUIDE)" 17. Delete sections 907.2 through 907.6.6.2 in their entirety and without substitution. 18. Delete section 909.1 in its entirety and substitute in its place the following: 909.1 " Scope and purpose. This section applies to mechanical or passive smoke control systems when they are required for proposed (new) buildings or portions thereof by provisions of the Life Safety Code (LSC) or this Code , as adopted by this Chapter 120-3-3, or by provisions of the International Building Code ( IBC ), as adopted by the Department of Community Affairs. The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke and heat venting provisions found in Section 910. Mechanical smoke control systems shall not be considered exhaust systems under Chapter 5 of the International Mechanical Code (IMC) ." 19. Delete section 909.2 in its entirety and substitute in its place the following: 909.2 " General design requirements. Buildings, structures, or portions thereof required by provisions of the Life Safety Code (LSC) or this Code , as adopted by this Chapter, or by provisions of the International Building Code , as adopted by the Department of Community Affairs, to have a smoke control system or systems shall have such systems designed in accordance with the applicable requirements of Section 909 of this Code and the generally accepted and well established principles of engineering relevant to the design. The construction documents shall include sufficient information and detail to describe adequately the elements of the design necessary for the proper implementation of the smoke control systems. These documents shall be accompanied with sufficient information and analysis to demonstrate compliance with these provisions." 20. Add a new section 909.2.1 to read as follows: 909.2.1 " Smoke Control. For the purposes of 909.2 the following publications shall be considered as providing the generally accepted and well established principals of engineering relevant to design of required smoke control systems. (1) NFPA 92, Standard for Smoke Control Systems (2) NFPA SPP-53, Smoke Control in Fire Safety Design (3) ASHRAE/SFPE, Design of Smoke Management Systems (4) ASHRAE, Guideline 5 : Guideline for Commissioning Smoke Management Systems" (5) NFPA 101, Life Safety Code (For non-mandatory guidance involving systems for existing detention and correction facilities refer to A.23.3.1.3 of the 2012 Edition) 21. Add a new section 909.2.1 to read as follows: 909.2.1 " Deactivation of Mechanical Pressurization Systems. The design of pressurization systems shall ensure that smoke is not introduced into the pressurized enclosure so as to result in the untenable contamination of the fresh air. Approved smoke detectors shall be installed at each intake in such approved manner that the operation of the fan providing mechanical pressurization to the enclosure where smoke is detected shall be deactivated upon detection of smoke." 22. Add a new subsection 912.2.3 to read as follows: 912.2.3 " Location of fire department connections. The location of fire department connections for automatic sprinkler systems shall be as approved by the Fire Chief as set forth in accordance with Section 912 and Section 501.5 of this Code , as adopted by 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 23. Add a new section 914.7.3 to read as follows: 914.7.3 " Limited Use Special Amusement Buildings: Special amusement buildings not open to the public in excess of 45 days in a twelve month period shall be permitted, provided all of the following conditions are met: 1. Portable fire extinguishers with a minimum of a 2A:10B:C rating are placed within 25 feet of each activity or viewing station, so as to be readily accessible and visible to staff; 2. A smoke detection system is placed throughout the facility with a smoke detector located at each activity or viewing station and located throughout corridors and halls not to exceed a spacing more than 15 feet (4.6 m) from a wall or more than 30 feet (9.1 m) on center. Where there is no ceiling or cover over activity or viewing stations, or over exit access routes, other than the standard ceiling, smoke detectors shall be placed so that their area of coverage does not exceed the approval listing of the detectors; 3. Emergency lighting shall be provided which will cause illumination of the means of egress upon loss of power to lighting circuits for the means of egress routes serving the special amusement building. In addition, all staff shall be provided with flashlights; 4. Personnel dedicated for the sole purpose of performing fire watch duties as defined in Chapter 2 of the International Fire Code and as be deemed necessary for specific circumstances by the authority having jurisdiction, shall be provided in such numbers to ensure the entire special amusement space is surveyed at least every 30 minutes starting 30 minutes prior to public occupancy. Such personnel shall be provided with a direct communication device for communication with all viewing or activity stations throughout the facility. In addition such personnel shall be provided with appropriate training for the operation of portable fire extinguishing equipment; 5. Communication to the responding fire department or emergency dispatch center is available from the facility (a regular telephone or at least two cell phones are acceptable); 6. "NO SMOKING" signs shall be posted at entrances to the building. Receptacles for the discard of smoking material shall be located a minimum of 15 feet (9.1 m) from the structure and shall be clearly identified by applicable signage; 7. Documentation of fire watch tours required by item 4 above is maintained. The documentation, at the minimum, shall note the time when the tour was conducted the name of personnel conducting the tour, and information about any hazards identified and actions taken to remove such hazards. Such documentation shall be readily available to the code official upon request." (j) Modifications to Chapter 10: 1. Delete sections 1001 through 1030 in their entirety and substitute in their place the following: 1001.1 " General. (A) Proposed (new) buildings or portions thereof approved for construction as set forth in 103.3 of this Code , shall be provided with means of egress and related safeguards as set forth by NFPA 101, Life Safety Code , as adopted this Chapter. (Refer to Table 102.13, CODES REFERENCE GUIDE ) (B) Buildings and structures existing and approved prior the effective date of this Chapter 120-3-3, as set forth in 103.3 of this Code , having means of egress and related safeguards conforming to NFPA 101, Life Safety Code , under which they were approved and constructed shall be considered as complying with this Code . Means of egress and related safeguards in existing buildings constructed without approval, may be considered as complying with this code section if, in the judgment of the authority having jurisdiction, they do not constitute a distinct hazard to life. Where, in the judgment of the authority having jurisdiction, the means of egress or related safeguards provided constitute a distinct hazard to life, the hazardous condition or conditions shall be remedied based on the provisions for existing buildings of the Life Safety Code as adopted by this Chapter 120-3-3. (C) Exit discharge termination dispersal areas may be utilized where authorized and designed in accordance with 7.7.1.5 of the Life Safety Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 2. Add the following section 1001.2 to read as follows: 1001.2 " Overcrowding and Life Safety Hazard Prevention . Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. It is the responsibility of the manager and the person in charge of a building, structure, or portion thereof not to allow an overcrowded condition or any condition which constitutes a life safety hazard to exist, and to take prompt action to remedy an overcrowded condition or life safety hazard when evidence of such a condition is noted, or when advised or ordered by the Fire Code Official or his/her representative. (Refer to 107.6) 1001.2.1 Decreases in the Occupant Load. For authorized decreases in the occupant load approved by the fire code authority having jurisdiction, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load. 1001.2.2 Increases in the Occupant Load. For approved increases in the occupant load by the fire code authority having jurisdiction, refer to 7.3.1.5 of Subsection 7.3.1 of NFPA 101, Life Safety Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 1001.2.3 Overcrowded Condition or Life Safety Hazard Determined. The fire code official, upon finding any overcrowded conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected. In addition, a structure, building, room or designated portion thereof shall be deemed overcrowded if the total of occupants exceeds the exit capacity of the structure, building, room or area involved." (k) Modifications to Chapter 11: 1. Delete 1101.1 and substitute in its place the following: 1101.1 " Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the effective date of this Chapter 120-3-3. 2. Delete 1101.2 and substitute in its place the following: 1101.2 " Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying buildings by providing for existing building rehabilitation activities including repair, renovation, modification, reconstruction, change of use or occupancy classification, and additions to such buildings. 3. Delete 1101.3 and substitute in its place the following: 1101.3 " Permits. Construction permits for buildings falling under State jurisdiction, as set forth in O.C.G.A. 25-2.13, shall be required for the activities noted in 4601.1 when the criteria of O.C.G.A. 25-2-14(d) for an existing building to be classified as a proposed (new) building or structure are met. For local jurisdictions, permits shall be required as set forth in Section 105.7 of this Code and the International Building Code . 4. Delete Sections 1102 through 1104 and substitute in their place a new 1102 to read as follows: SECTION 1102 " FIRE AND LIFE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS AND STRUCTURES" 1102.1 " General. The intents and purposes of this section shall be met through the application of the applicable provisions of this Code , the Life Safety Code , and other codes and standards as adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner, as they apply to existing conditions and routine maintenance of fire and life safety protection systems and devices. For building rehabilitation activities, including repair, renovation, modification, reconstruction, change of use or occupancy classification, and additions to such buildings, the definitions and requirements of Chapter 43, of the Life Safety Code , adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner shall apply." (l) Modifications to Chapter 20: 1. Delete section 2003.5 in its entirety and substitute in its place the following: 2003.5 "Dispensing of flammable and combustible liquids. No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure. Exceptions: 1. As provided in Chapter 57 of this Code, provided, the provisions are not less protective than the provisions of any applicable Codes and standards adopted by the Rules and Regulations of the Safety Fire Commissioner. 2. When the procedures used follow the guidelines and requirements set forth in NFPA 410 - Standard for Aircraft Maintenance, adopted by this Chapter 120-3-3." 2. Delete sections 2006.1 through 2006.21.1 in their entirety and substitute in their place a new paragraph 2006.1 to read as follows: 2006.1 "Aircraft motor vehicle fuel-dispensing stations and Airport Fuel Systems. All aircraft motor vehicle fuel-dispensing stations and airport fuel systems shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids." 3. Delete section 2007.1 in its entirety and substitute in its place the following: 2007.1 " General. Helistops and heliports shall be maintained in accordance with Section 2007. Helistops and heliports on buildings or structures shall be constructed in accordance with the International Building Code and the requirements set forth by NFPA 418, Standard for Heliports, adopted by this Chapter 120-3-3." (m) Modification to Chapter 23. 1. Delete sections 2301.1 through 2301.6 in their entirety and substitute in their place a new paragraph 2301.1 to read as follows: 2301.1 " Scope. Automotive motor fuel-dispensing facilities, marine motor fuel dispensing facilities, fleet vehicle motor fuel-dispensing facilities and repair garages shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids'." Exception: This chapter shall apply to hydrogen motor fuel-dispensing and generation facilities as specified in section 2309 and repair garages where referenced by subsection 406.6, entitled, 'Repair Garages,' of the International Building Code. 2. Delete sections 2303 through 2308 and all other paragraphs there-under, and section 2310 and all other paragraphs thereunder in their entirety without substitution. (n) Modification to Chapter 31: 1. Delete 3106.5.2 in its entirety and substitute in it's place the following: 3106.5.2 "Cooking Operations. Cooking operations shall be evaluated and comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (o) Modification to Chapter 50: 1. Add two new exceptions 12 and 13 to section 5001.1 to read as follows: 12. "Storage, transportation, use, dispensing, mixing and handling of Flammable and combustible liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, "Rules and Regulations for Flammable and Combustible Liquids. 13. Storage, handling, and transportation of liquefied petroleum gas (LP-Gas) and the installation of LP-gas equipment pertinent to systems for such use as outlined Chapter 120-3-16 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Liquefied Petroleum Gases." 2. In Table 5003.11.1, add superscript "k" to Oxidizers in the Material column and add the following footnote "k" to read as follows: k. "Group M occupancies with Class 2 and Class 3 oxidizers exceeding these quantities shall comply with the applicable provisions of NFPA 400, Hazardous Materials Code as adopted by this Chapter 120-3-3." (p) Modifications to Chapter 56: 2. Delete sections 5601 through 5607 and all related paragraphs there under in their entirety and substitute in their place the following: 5601. " Explosives and blasting. The provisions of Chapter 120-3-10 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Explosives and Blasting Agents' shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials and small arms ammunitions." 3. Delete section 5608.1 in its entirety and substitute in its place the following: 5608.1 "GENERAL PROVISIONS. In addition to the requirements of this Section for the display of fireworks the provisions of O.C.G.A. Title 25, Chapter 2, and Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, shall apply. Where there may be a conflict between a provision of this Section and a provision of the above referenced law or regulation, the provision of the above referenced law or regulation shall apply. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for the signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations." 2. Insert a new section 5608.11 to read as follows: 5608.11 "Retail display and sale. (a) Fireworks as defined in the Official Code of Georgia (O.C.G.A.) Title 25, Chapter 10 in 25-10-1(a)(1) shall not be made available for sale at retail or wholesale, except as provided in O.C.G.A. 25-10. (b) Non-explosive sparkling devices as defined in O.C.G.A. 25-10-1(b) are permitted for retail sales to the public, provided, however, it is unlawful for any such devices to be sold to any person under 18 years of age (O.C.G.A. 25-10-2(b)(1) . In addition, it is unlawful to sell such items to any person by any means other than an in-person, face-to-face sale. Further, such person shall provide proper identification to the seller at the time of such purchase. The term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. Sections 40-5-100 through 40-5-104 . (c) In areas where devices are stored or displayed for retail sales, at least one pressurized-water type portable fire extinguisher complying with NFPA 10, as adopted by this Chapter shall be located not more than 20 feet and not closer than 15 feet from the storage or display location. In addition, "NO SMOKING" signs complying with Section 310 shall be conspicuously posted in areas of such storage or display, unless in a building where smoking is clearly marked as prohibited." (q) Modification to Chapter 57: 1. Add a new non-applicability paragraph number 12 to section 5701.2 to read as follows: 12. " The storage, transportation, use, dispensing, mixing and handling of Flammable and Combustible Liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids." (r) Modifications to Chapter 61: 1. Delete Chapter 61 in its entirety and substitute in its place the following: "CHAPTER 61 LIQUEFIED PETROLEUM GASES. The provisions relating to the storage and handling of liquefied petroleum gases shall be those in NFPA 58, Liquefied Petroleum Gas Code , as adopted by Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.13, CODES REFERENCE GUIDE )" (s) Modifications to Chapter 80: 1. Add an Explanatory Note at the start of the Chapter to read: "Replace the NFPA Standard Reference numbers with the year edition with the same NFPA Standard Reference numbers and titles however; each year edition shall be those as adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner Chapters 102-3-3, 120-3-10, 120-3-11 and 120-3-12."

(4) NFPA 2, 2020 Edition Hydrogen Technologies Code Modifications: None

(5) NFPA 3, 2018 Edition , Guide for the Commissioning and Integrated Testing of Fire Protection and Life Safety Systems Modifications : (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly as a recommended practice for fire prevention and fire protection. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, and it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance."

(6) NFPA 10, 2018 Edition, Standard for Portable Fire Extinguishers Modifications: (a) Modification to Chapter 6: 1. Delete 6.1.3.8.1 in its entirety and insert in its place the following (6.1.3.8.2 and 6.1.3.8.3 remain unchanged: 6.1.3.8.1 "Portable fire extinguishers having a gross weight not exceeding 40 lb. (18.14 kg) shall be installed so that the top of the extinguisher is not more than 48 in (1.19 m) above the floor." 2. Delete 6.1.3.10.5 in its entirety and substitute in its place the following: 6.1.3.10.5 Cabinets or wall recesses for fire extinguishers shall be installed that the top of the opening for the fire extinguisher is at 50 in. (1.27 m) above the finished floor. 6.1.3.10.5.1 The provisions of 6.1.3.10.5 shall not apply to existing installations. (b) Modifications to Chapter 7: 1. Delete 7.1.2.1 in its entirety and insert in its place the following: 7.1.2.1 "Persons performing maintenance and recharging of extinguishers shall be licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated." 2. Delete subparagraphs 7.1.2.1.1 thru 7.1.2.1.5 in their entirety without substitution. 3. Delete subparagraph 7.1.2.3 in its entirety without substitution. 4. Delete subsection 7.3.4.1.1 in its entirety and substitute in its place the following: 7.3.4.1.1 "Tags shall comply the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 5. Delete subsection 7.3.4.2 in its entirety and substitute in its place the following: 7.3.4.2 " Verification-of-Service Collar (Maintenance or Recharging) . Verification-of-Service Collars shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 7.3.6.5.3 in its entirety and substitute in its place the following: 7.3.6.5.3 "The 6 year Maintenance internal examination label shall be blue in color and shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 7. Delete subsection 7.11.3 in its entirety and substitute in its place the following: 7.11.3 "Verification-of-Service Collars shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." (c) Modifications to Chapter 8: 1. Delete subsection 8.1.2.1 in its entirety and substitute in its place the following: 8.1.2.1 "Hydrostatic testing shall be performed by persons who are, licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, trained in pressure testing procedures and safeguards complying with 7.1.2, who have testing equipment, facilities, and an appropriate manufacturer's service manual(s) available." 2. Delete subsection 8.1.2.1.2 in its entirety without substitution. 3. Delete subsection 8.1.2.1.3 in its entirety and substitute in its place the following: 8.1.2.1.3 "Where hydrostatic testing is subcontracted to a facility described in 8.1.2.1.1, the secondary firm actually performing the hydro testing must be listed on the primary firms license(s) application on file in the Georgia State Fire Marshal's Office." 4. Delete subsection 8.7.2.2 in its entirety and substitute in its place the following: 8.7.2.2 "The label shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner."

(7) NFPA 11, 2016 Edition, Standard for Low-, Medium-, and High-Expansion Foam Modifications: None

(8) NFPA 12, 2018 Edition, Standard on Carbon Dioxide Extinguishing Systems Modifications: None

(9) NFPA 12A, 2018 Edition, Standard on Halon 1301 Fire Extinguishing Systems Modifications: None

(10) NFPA 13, 2019 Edition, Standard for the Installation of Sprinkler Systems Modifications: (a) Modification to Chapter 4: 1. Add a new Section 4.2.1 to read as follows: 4.2.1.1 " Modification of Existing Sprinkler Systems. In existing sprinkler systems, heads may be relocated from original installation locations. All alterations or modifications to existing branch lines shall be submitted with hydraulic calculations if work is outside of scope of subsections 4.4.1 through 4.4.4. New hydraulic data nameplate shall be placed on any modified system at the riser or sectional valve along with the existing hydraulic data nameplate. 4.2.1.2 One additional sprinkler may be added to an original installation location if the additional sprinkler is in a remotely located or non-communicating compartment from the existing or relocated sprinkler. 4.2.1.3 Two sprinklers may be added to an existing branch line if the additional sprinklers are in remotely located or non-communicating compartments from the existing or relocated sprinkler. 4.2.1.4 New branch lines added to existing cross mains shall be sized the same as the existing branch lines. 4.2.1.5 No more than two heads shall be supplied from 1 inch (25.4 mm) pipe unless the existing system was calculated to supply more than two heads. In such case, the calculated maximum for 1 inch (25.4 mm) pipe shall take precedence." (b) Modification to Chapter 5: 1. Add a new paragraph 5.2.2.3 to read as follows: 5.2.2.3 "A water test taken to determine the period of highest demand and made not more than six months prior to plan submittal shall be submitted to the authority having jurisdiction with all new system designs." (c) Modification to Chapter 9: 1. Delete the Annex note A.9.3.5.1 to 9.3.5.1* and insert a revised A.9.3.5.1 to read follows: "A.9.3.5.1 It is the intent of this section to apply the requirement for draft stops and closely spaced sprinklers to openings in fire rated floor/ceiling assemblies. It is not the intent of this section to require draft stops and closely spaced sprinklers to the perimeter around mezzanines, raised platforms, lofts or other places where stairs or escalators ascend to a floor or landing that is open to the space below. 2. Insert a new 9.3.5.2.1 to read as follows: 9.3.5.2.1 "Draft stops required by Section 8.15.4.1 shall not be required in Light and Ordinary Hazard Occupancies utilizing quick response sprinklers throughout." (d) Modification to Chapter 16: 1.) Delete paragraph 16.12.5.7 in its entirety and substitute in its place the following. The annex note shall remain. 16.12.5.7 " FDC Locations. The location of fire department connections shall be approved by the Fire Chief as set forth in subsections 501.5 and 912 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Where there may be conflict between subsection 501 or 912 of the IFC and section 8.17.2 of this Code , the provisions of 501 and 912 of the IFC shall prevail." (e) Modification to Chapter 27: 1. Add a new 27.1.2.1 to read as follows: 27.1.2.1 "Where plan review notes returned with submitted plans or comments on submitted plans by the authority having jurisdiction (AHJ), indicating the need for corrections, such corrections shall be made by the Fire Protection Sprinkler Designer. Only after the needed corrections are made and shown on corrected plans shall changes by installation personnel be allowed. Corrected plans shall be kept at the project site and shall be firmly attached to the set of plans stamped as approved with comments by the AHJ. Submitted plans returned without the approval stamp of the AHJ shall have corrections made and be resubmitted to the AHJ for review and approval. The installation of a system shall not be allowed where plans have been returned without an approval stamp until corrected plans have been submitted, reviewed, and stamped as approved by the AHJ." 2. Add new items (48) through (51) to subsection 27.1.3 to read as follows: (48) "Type of construction, (i.e., obstructed or unobstructed as defined in Section 3.7), and the distance between the sprinkler deflector and the structure in exposed structure areas. (49) Indicate the system is a NFPA 13 designed system. (50) Owner's Certificate, provided in accordance with Section 4.2. (51) Name, number and signature of the Certificate of Competency holder & Designer." 3. Add a new subsection 27.2.4.11.2.1 to read as follows: 27.2.4.11.2.1 " There shall be a minimum 10 psi (0.69 bar) cushion between the hydraulically calculated sprinkler system demand and supply when there is a backflow prevention device present. 27.2.4.11.2.1.1 The 10 psi (0.69 bar) cushion may be lowered to not less than 7 psi with written approval of the authority having jurisdiction based on the capability of the fire department to provide support to the system within 10 minutes of the receipt of notification of the alarm of fire in the building." 4. Add a new subparagraph 27.2.4.11.3 to read as follows: 27.2.4.11.3 "There shall be a minimum 15 psi (1.03 bar) cushion between the hydraulically calculated sprinkler system demand and supply in systems that do not have a backflow prevention device. 27.2.4.11.3.1 The 15 psi (1.05 bar) cushion may be lowered to not less than 7 psi with approval of the authority having jurisdiction based on the capability of the fire department to provide support to the system within 10 minutes of the receipt of notification of the alarm of fire in the building." (i) Modification to Chapter 28: 1. Add a new item (5) to 28.1 to read as follows: (5) "Attach an initial "GREEN" inspection tag to the sprinkler system riser. (a) After installation, acceptance testing, and inspection, at the time the system is initially accepted as being in a state of operational readiness, an Inspection Tag shall be completed and attached to the system at a conspicuous location so as to permit convenient inspection, and not hamper system activation. (b) Inspection Tags must be GREEN in color and have a minimum dimension of 51/4 inches (133 mm) in length and 2 inches (67 mm) in width. (c) Inspection tags shall bear at least the following information in an easy to read format: 1. "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL." This order shall be in a minimum of 10pt capital letters. 2. The license number, name, and physical address of the licensed Fire Sprinkler Contractor. 3. The license number, printed name, and signature of the licensed Fire Sprinkler Inspector. 4. The properly punched day, month and year the system was inspected and placed in a state of operational readiness. 5. The name and physical address, including tenant space designation, as applicable of the facility." 2. Add a new Section 28.7 Document Accessibility. 28.7.1 With every new system, a documentation cabinet shall be installed in the system riser room or at another approved location at the protected premises. 28.7.2 The documentation cabinet shall be sized so that it can contain all necessary documentation. 28.7.3 Required minimum documentation shall include copies of Approved Hydraulic calculations, Approved Plans, Above and Below ground contractors test, and Inventory of sprinkler heads. 28.7.4 Where the documentation cabinet is not in the sprinkler riser room, its location shall be identified at the system control valve. 28.7.5 The documentation cabinet shall be prominently labeled SPRINKLER SYSTEM DOCUMENTS. 28.7.6 The contents of the cabinet shall be accessible by authorized personnel only.

(11) NFPA 13D, 2019 Edition, Standard for the Installation of Sprinkler Systems in One-and Two-Family Dwellings and Manufactured Homes Modifications: None

(12) NFPA 13R, 2019 Edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height Modifications: (a) Modification to Chapter 1: Delete Section 1.1 in its entirety and substitute in its place the following. Subsection 1.1.1 and 1.1.2 shall remain. 1.1 " Scope. This standard deals with the design and installation of automatic sprinkler systems for protection against fire hazards in residential occupancies, personal care homes, day-care centers and group day-care homes, up to and including four stories in height. When a single-story open-air parking structure of fire-restrictive construction having a rating greater than 2-hours is below a four-story residential occupancy, the structure is considered within this scope." 1. Delete Section 1.2 in its entirety and substitute in its place the following: 1.2 " Purpose. The purpose of this standard is to provide design and installation requirements for a sprinkler system to aid in the detection and control of fires in residential occupancies, day-care centers, group day-care homes, and personal care homes, and thus provide improved protection against injury, loss of life, and property damage. A sprinkler system designed and installed in accordance with this standard is expected to prevent flashover (total involvement) in the room of fire origin, where sprinklered, and to improve the chance for occupants to escape or be evacuated. This standard shall not be applied to "new assisted living communities" or new "memory care units" as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, and as regulated by Chapter 34 or 35, as applicable, of the Life Safety Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (b) Modification to Chapter 3: 1. Delete subsection 3.3.10 in its entirety and substitute in its place the following: 3.3.10 " Residential Occupancies. Residential Occupancies, as specified in the scope of this standard and for the purposes of this standard, include the following, as defined by State law, or by the Rules and Regulations of the Georgia Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and rooming houses, (3) Board and care facilities, (4) Hotels, motels, and dormitories, (5) Personal care homes (prompt and slow evacuation type only), (6) Day-care centers and group day-care homes." 2. Add a new paragraph 3.3.9.1 to read as follows: 3.3.10.1 "Day-care Center - For purposes of NFPA 13R, a day-care facility subject to licensure or commission by the Department of Human Resources where more than 12 clients receive care. A day-care center is within the definition of a dwelling unit." 3. Add a new paragraph 3.3.10.2 to read as follows: 3.3.10.2 " Group Day-care Home - For purposes of NFPA 13R, a day-care facility subject to licensure or commission by the Department of Human Resources where at least seven but not more than 12 clients receive care. A group day-care home is within the definition of a dwelling unit." 4. Add a new paragraph 3.3.10.3 to read as follows: 3.3.10.3 " Dwelling - For purposes of NFPA 13R, any building which contains not more than one or two 'dwelling units' intended to be used, rented, leased, hired out to be occupied for habitation purposes, or for use as a day-care center, a group day-care home, or as a personal care home or community living arrangement." 5. Add a new paragraph 3.3.10.4 to read as follows: 3.3.10.4 " Outside Dwelling Unit - Any area such as, but not limited to, storage, mechanical and equipment rooms and/or other area(s) that, in the opinion of the authority having jurisdiction, constitutes a fire hazard in excess of the hazards normally found within the dwelling unit." 6. Add a new paragraph 3.3.10.5 to read as follows: 3.3.10.5 " Personal Care Home - For the purposes of NFPA 13R, any building or part thereof that is used as defined in Chapter 120-3-3 in 120-3-3-.03(11) of the Rules and Regulations of the Safety Fire Commissioner." (c) Modification to Chapter 4: 1. Add a new Section 4.6 to read as follows: 4.6 " Minimum Pipe Sizes. Minimum pipe sizes shall be 3/4 inch (19.1 mm) for copper and 1-inch (25.4 mm) for steel. For other approved pipe or tubing used, a minimum size of 3/4 inch (19.1 mm) for those with a Hazen-Williams 'C' value of 150 or more and 1 inch (19.1 mm) for those less than 150." (d) Modification to Chapter 6: 1. Delete paragraph 6.6.1 in its entirety and substitute in its place the following: 6.6.1 "Sprinklers shall be installed in all areas except where omission is permitted by 6.6.2 through 6.6.9 excluding day-care facilities. Sprinklers shall be installed in all areas of day-care facilities except where omission is permitted by 6.6.4 and 6.6.5." 2. Add a new paragraph 6.8.11 to read as follows: 6.8.11 "A non-multipurpose piping system shall be isolated from the domestic water system by not less than two spring-loaded check valves or equivalent." 3. Add a new paragraph 6.8.12 to read as follows: 6.8.12 "All valves controlling water supplies for sprinkler systems or portions thereof, including floor control valves, shall be easily accessible to authorized persons. Water supply connections shall not extend into or through a building unless such connection is under control of an outside listed indicating valve or an inside listed indicating valve located near an outside wall of the building." (e) Modification to Chapter 9: 1. Delete subsection 9.6.2.1 in its entirety and substitute in its place the following: "Where a waterflow test is used for the purpose of system design, the test shall be conducted no more than 6 months prior to working plan submittal unless otherwise approved by the authority having jurisdiction." 2. Add a new subsection 9.7.2.1 to read as follows: 9.7.2.1 "A fire pump not meeting NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection , may be acceptable for small community living arrangements, day-care centers, day-care homes, and small personal care homes based upon documentation and subject to written approval of the authority having jurisdiction." (f) Modification to Chapter 10: 1. Add a new subsection 10.1.5 to read as follows: 10.1.5 "Upon completion of the acceptance test as set forth in this section, the installer shall attach an initial "GREEN" inspection tag to the sprinkler system riser. (a) After installation, testing, and inspection, at the time the system is initially accepted as being in a state of operational readiness, an Inspection Tag shall be completed and attached to the system at a conspicuous location so as to permit convenient inspection, and not hamper system activation. (b) Inspection Tags must be GREEN in color and have a minimum dimension of 51/4 inches (133 mm) in length and 2 inches (67 mm) in width. (c) Inspection tags shall bear at least the following information in an easy to read format: (1) "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL." This order shall be in a minimum of 10pt capital letters. (2) The license number, name, and physical address of the licensed Fire Sprinkler Contractor. (3) The license number, printed name, and signature of the licensed Fire Sprinkler Inspector. (4) The properly punched day, month and year the system was inspected and placed in a state of operational readiness. (5) The name and physical address (including tenant space as applicable) of the facility."

(13) NFPA 14, 2019 Edition, Standard for the Installation of Standpipe, and Hose Systems Modifications: (a) Modifications to Chapter 1: 1. Delete Section 1-1 in its entirety and substitute in its place the following: 1-1 " Scope. The State's minimum requirements for standpipes shall be established by the IBC (Refer to Table 102.13, CODES REFERENCE GUIDE ) of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner). In addition, the requirements for occupant hoses are eliminated for new and existing buildings subject to the approval of the authority having jurisdiction. Where the installation of standpipes and /or hose systems is required, this standard covers the minimum requirements for the installation of standpipes and hose systems for buildings and structures. This standard does not cover requirements for periodic inspection, testing, and maintenance of standpipe systems. (See NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems .)" (b) Modification to Chapter 7: 1. Delete 7.8 in its entirety and substitute in its place the following: 7.8 " Minimum and Maximum Pressure Limits 7.8.1 Hydraulically designed standpipe systems shall be designed to provide the waterflow rate required by Section 7.10 at a minimum residual pressure of 100 psi (6.9 bar) at the outlet of the hydraulically most remote 2-1/2 inch (65 mm) hose connection and 65 psi (4.5 bar) at the outlet of the hydraulically most remote 1-1/2 (38 mm) hose connection. 7.8.1.1 Where the local Fire Chief or local Fire Code Official having fire suppression jurisdiction permits lower than 100 psi (6.9 bar) for 2-1/2 inch (65 mm) hose connections, based upon local suppression tactics, the pressure shall be permitted to be reduced to not less than 65 psi (4.5 bar). 7.8.1.2 Where the building is protected throughout by a supervised automatic sprinkler system and the building is not a high-rise, as defined in 3.3.5, the minimum residual pressure provisions shall not be mandatory when the standpipe system piping is a minimum of eight inches (8") nominal diameter. 7.8.1.3 Existing high-rise buildings, as defined in 3.3.5, that are protected throughout by a supervised automatic sprinkler system shall be permitted a reduction of the minimum residual pressure requirement of 100 psi (6.9 bar) at the hydraulically most remote 2-1/2 inch (63.5 mm) hose connection to 65 psi (4.5 bar). 7.8.1.4 Manual standpipe systems shall be designed to provide 100 psi (6.9 bar) at the topmost outlet with the calculations terminating at the fire department connection." 2. Insert a new subsection 7.12.3.4 to read as follows: 7.12.3.4 " Location. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (c) Modification to Chapter 10: 1. Add a new subsection 10.3 to read as follows: 10.3 "A letter certifying that all pressure restricting and pressure reducing equipment is installed and set per NFPA requirements and manufacturer's instructions shall be presented to the inspector along with test certificates at the time of final inspection." (d) Modification to Annex A: 1. Add a New Annex Note A.7.8.1.4 to read as follows: A.7.8.1.4 "It is not the intent of this standard to provide an automatic water supply for manual standpipe systems. Manual standpipe systems are designed (sized) to provide 100 psi (6.9 bar) at the topmost outlet using a fire department pumper as the source of flow and pressure."

(14) NFPA 15, 2012 Edition, Standard for Water Spray Fixed Systems for Fire Protection Modifications: None

(15) NFPA 16, 2019 Edition, Standard for the Installation of Foam-Water Sprinkler and Foam- Water Spray Systems Modifications: None

(16) NFPA 17, 2017 Edition , Standard for Dry Chemical Extinguishing Systems Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.6 in its entirety and substitute in its place the following: 1.6 " *Qualifications. Only persons who are properly trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service dry chemical systems." (b) Modification to Chapter 11: 1. Delete subsection 11.1.3 in its entirety and substitute in its place the following: 11.1.3 "Only persons trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service dry chemical extinguishing systems, in accordance with this standard and the manufacturer's instructions." 2. Delete paragraph 11.1.3.1 in its entirety without substitution. 3. Delete subparagraph 11.3.1.2.4 in its entirety and substitute in its place the following: 11.3.1.2.4 "The label shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 4. Delete subparagraph 11.3.1.2.7 in its entirety and substitute in its place the following: 11.3.1.2.7 "The collar shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 5. Delete paragraph 11.3.1.10 in its entirety and substitute in its place the following: 11.3.1.10 "Each dry chemical system shall have the required tags or labels complying with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner after each service has been conducted on the system. Only the current applicable tag or label shall remain on the system." 6. Delete subsection 11.4.2 in its entirety and substitute in its place the following: Systems shall be recharged by persons who are properly trained and licensed under the requirements of Chapter 120-3-23, Rules and Regulations of the Safety Fire Commissioner, in accordance with the manufacturer's listed installation and maintenance manual."

(17) NFPA 17A, 2013 Edition, Standard for Wet Chemical Extinguishing Systems Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.7 in its entirety and substitute in its place the following: 1.7 " *Qualifications. Only persons who are properly trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service wet chemical systems." (b) Modification to Chapter 7: 1. Delete subsection 7.3.1 in its entirety and substitute in its place the following: 7.3.1 "A service technician who performs maintenance on an extinguishing system shall be trained and shall possess a licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated." 2. Delete paragraph 7.3.1.1 in its entirety without substitution. 3. Delete subparagraph 7.3.3.6.1 in its entirety and substitute in its place the following: 7.3.3.6.1 "The owner or owner's representative shall retain all maintenance reports for a period of 3 years after the next maintenance of that type required by the standard." 4. Delete paragraph 7.3.3.7 in its entirety and substitute in its place the following: 7.3.3.7 " * Each wet chemical system shall have a tag or label securely attached, complying with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner. Only the current tag or label shall remain in place." 5. Add a new paragraph 7.5.2.4 to read as follows: 7.5.2.4 "Each stored pressure system agent cylinder that has undergone maintenance or hydrostatic testing that includes internal examination, or that has been recharged shall have 'Verification of Service' collar located around the neck of the cylinder. The collar shall contain a single circular piece of uninterrupted material forming a hole of a size that will not permit the collar assembly to move over the neck of the cylinder unless the valve is completely removed. The collar shall not interfere with the operation and actuation of the system cylinder. The 'Verification of Service' collar shall comply with the requirements of NFPA 10, Standard for Portable Fire Extinguishers , as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. 7.5.2.4.1 The provisions of 7.5.2.4 do not apply to stored pressure system cylinders undergoing maintenance before March 1, 2002. 7.5.2.4.2 Non-stored pressure cylinders such as cartridge cylinders for cartridge-operated systems do not require a 'Verification of Service' collar for the cartridge."

(18) NFPA 18, 2017 Edition, Standard on Wetting Agents Modifications: None

(19) NFPA 18A, 2017 Edition, Standard on Water Additives for Fire Control and Vapor Mitigation Modifications: None

(20) NFPA 20, 2019 Edition, Standard for the Installation of Stationary Pumps for Fire Protection Modifications: (a) Modification to Chapter 4: 1. Add new paragraphs 4.6.2.3.4 and 4.6.2.3.5 to read as follows: 4.6.2.3.4 "At 150% rated capacity or below, the pump suction supply shall not drop below 20 psi (1.38 bar). 4.6.2.3.5 Suction supply pressure may be lowered upon approval of the authority having jurisdiction."

(21) NFPA 22, 2018 Edition, Standard for Water Tanks for Private Fire Protection Modifications: None

(22) NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Modifications: (a) Modifications to Chapter 4: 1. Delete 4.1.3 (10) in its entirety and substitute in its place the following: (10) "Size, location, and piping arrangement of fire department connections as approved by the local Fire Chief having jurisdiction as set forth in 501.5 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (b) Modifications to Chapter 13: 1. Delete Section 13.1 in its entirety and substitute in its place the following: "13.1* Private Service Mains. 13.1.1 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply more than one hydrant or one hydrant on dead end mains over 500 feet (152 m). 13.1.2 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply one hydrant and automatic extinguishing systems. 13.1.3 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply more than one hydrant and automatic extinguishing systems on looped mains over 1,000 feet (305 m)." 2. Add the following in Annex A, A13.1: A.13.1 "Pipe sizing should be based upon good engineering practices based on the projected water demand, firefighting capabilities and water supply characteristics. Pipe sizes other than those specified in 13.1 may be acceptable in new or existing installations with the written approval of the authority having jurisdiction."

(23) NFPA 25, 2017 Edition, Standard for the Inspection, Testing, and Maintenance of Water- Based Fire Protection Systems Modifications: (a) Modifications to Chapter 4: 1. Add a new Subsection 4.3.1.2 to read as follows: 4.3.1.2 "On non-compliant or impaired systems, a copy of the inspection report shall be forwarded to the authority having jurisdiction by the owner and/or the occupant." 2. Delete 4.3.3 in its entirety and substitute in its place the following: 4.3.3 "Records shall be maintained by the property owner for a period of at least three years." 3. Delete Section 4.3.5 and replace with the following: 4.3.5 " Subsequent records shall be retained for a period of 3 years after the next inspection of that type required by the standard." 4. Add a new subsection 4.3.6 to read as follows: 4.3.6 "Tagging. 4.3.6.1 Inspection Tag. (a) After inspection and testing, an Inspection Tag shall be completed indicating all work that has been done, and then attached to the system in such a position as to permit convenient inspection and not hamper its activation or operation. A new Inspection Tag shall be attached to each system each time an inspection and test service is performed. (b) Inspection Tags must be GREEN in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Inspection tags shall bear the following information in an easily read format: 1. ' DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector; 5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The facility name and address. (d) Inspection Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) An Inspection Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor. (f) Should impairments or noncompliance items be found, the licensed inspector shall notify the building owner or his representative and the authority having jurisdiction in writing of all noncompliance items and/or impairments found. A fire sprinkler system compliance Inspection Tag shall not be installed on each system until the impairments or noncompliance items have been corrected and each system has been re-inspected and found to be in a state of operational readiness. 4.3.6.2 Noncompliance Tag. (a) If a fire sprinkler system is found in noncompliance with the applicable NFPA standards, a completed Noncompliance Tag shall be attached to the main control valve of each system to indicate that corrective action is necessary. (b) Noncompliance Tags must be YELLOW in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Noncompliance Tags shall bear the following information in an easily read format: 1. 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL-SYSTEM NOT IN COMPLIANCE WITH NFPA STANDARDS.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector; 5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The noncompliance issue(s); 8. The facility name and address. (d) Noncompliance Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) The signature of the licensee on a Noncompliance Tag certifies the impairments listed on the label cause the system to be out of compliance with NFPA standards. (f) A Noncompliance Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor upon re-inspection of the fire sprinkler system. (g) A letter of noncompliance conditions shall be sent to the building owner or authorized representative within five working days of the date of the inspection. 4.3.6.3 Impairment Tag. (a) Should impairments constitute an emergency impairment as defined in this standard, then the inspector shall complete and attach an Impairment Tag to the main control valve of each system and the fire department connection to indicate that corrective action is necessary. (b) Impairment Tags must be RED in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Impairment Tags shall bear the following information in an easily read format: 1. 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector; 5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The emergency impairment(s); 8. The facility name and address. (d) Impairment Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) The signature of the licensee on an Impairment Tag certifies the impairments listed on the label cause the system to be out of compliance with NFPA standards. (f) An Impairment Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor upon re-inspection of the fire sprinkler system. (g) A letter of emergency impairment conditions shall be sent to the building owner or authorized representative and to the occupant within 24 hours of the time of the inspection. The building owner and/or occupant shall notify the authority having jurisdiction within 24 hours of the time of the impairment notification." (b) Modifications to Chapter 6: 1. Add a new 6.1.1.1.1 to read as follows: 6.1.1.1.1 "In new and existing buildings, the requirements for hose for occupant use are eliminated, subject to the approval of the local Fire Chief or local Fire Code Official having fire suppression jurisdiction."

(24) NFPA 30, Flammable and Combustible Liquids Code Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(25) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(26) NFPA 30B, Code for the Manufacture and Storage of Aerosol Products Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(27) NFPA 31, Standard for the Installation of Oil-Burning Equipment Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(28) NFPA 32, Standard for Drycleaning Plants Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(29) NFPA 33, Standard for Spray Application Using Flammable or Combustible Materials Modifications : (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(30) NFPA 34, Standard for Dipping, Coating and Printing Processes Using Flammable or Combustible Liquids Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(31) NFPA 35, Standard for the Manufacture of Organic Coatings Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(32) NFPA 36, Standard for Solvent Extraction Plants Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(33) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(34) NFPA 40, 2019 Edition, Standard for the Storage and Handling of Cellulose Nitrate Film Modifications: None

(35) NFPA 45, 2019 Edition, Standard on Fire Protection for Laboratories Using Chemicals Modifications: (a) Modification to Chapter 10: 1. Delete paragraph 10.2.3.4 in its entirety and substitute in its place the following: 10.2.3.4 " Emergency shutoff valves for laboratories. In addition to point of use manual shutoff valves required by 10.2.3, each laboratory space containing two or more gas outlets installed on tables, benches, or in hoods in business, educational, healthcare, research, commercial, and industrial occupancies shall have a single valve through which all such gas outlets are supplied. This emergency shutoff valve shall be accessible, located within the laboratory or adjacent to the laboratory's primary egress door, and clearly identified by approved signage stating at the least, 'GAS SHUTOFF' ."

(36) NFPA 51, 2018 Edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes Modifications: (a) Refer to Chapter 120-3-13, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(37) NFPA 51B, 2019 Edition, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work Modifications: (a) Refer to Chapter 120-3-13, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(38) NFPA 52, 2019 Edition, Gaseous Vehicular Fuel Systems Code Modifications: (a) Refer to Chapter 120-3-14, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(39) NFPA 53, 2016 Edition, Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.3.1 to read as follows: 1.3.1 "This document is recognized strictly as a recommended practice that may be used in evaluating fire hazards in oxygen-enriched atmospheres. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone code or standard, however, it may be used in conjunction with and in the support of the applicable provisions of other adopted codes or standards."

(40) NFPA 54, 2018 Edition, National Fuel Gas Code Modifications: (a) Refer to Chapter 120-3-14, Rules and Regulations of the Safety Fire Commissioner, and Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications.

(41) NFPA 55 2020 Edition, Compressed Gases and Cryogenic Code Modifications: None

(43) NFPA 56, 2017 Edition, Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems Modifications: None

(44) NFPA 58, 2017 Edition, Liquefied Petroleum Gas Code Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(45) NFPA 59, Utility LP-Gas Plant Code (LNG) Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(46) NFPA 59A, 2019 Edition, Standard for the Production, Storage, and Handling of Liquefied Natural Gas Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(47) NFPA 61, 2017 Edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(48) NFPA 68, 2018 Edition, Standard on Explosion Protection by Deflagration Venting Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(49) NFPA 69, 2019 Edition, Standard on Explosion Prevention Systems Modifications: None

(50) NFPA 70, 2020 Edition, National Electrical Code Modifications: (a) Modifications to Article 110, I: 1. Add a new section 110.29 to read as follows: 110.29 "Relocatable Power Tap's (RPT's. Relocatable power taps (RPT's) shall comply with the provisions of 605.4.2 of the International Fire Code (IFC) as adopted by this Chapter."

(51) NFPA 70B, 2019 Edition, Electrical Equipment Maintenance Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly as a recommended practice that may be used in evaluating the effectiveness of electrical equipment within its scope. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(52) NFPA 70E, 2018 Edition, Standard for Electrical Safety Requirements for Employee Workplaces Modifications: (a) Modifications to Article 90 Introduction: 1. Delete 90.1 in its entirety and substitute in its place the following: 90.1 "This standard addresses those electrical safety requirements for employee workplaces that are necessary for practical safeguarding of employees in their pursuit of gainful employment. This document is recognized strictly as a recommended practice that may be used in evaluating electrical safety requirements for employee workplaces. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards. This standard covers: (a) Electrical conductors and equipment installed within or on buildings or other structures, including mobile homes and recreational vehicles, and other premises such as yards, carnival, parking and other lots, and industrial substations. (b) Conductors that connect the installations to a supply of electricity. (c) Other outside conductors on the premises."

(53) NFPA 72, 2019 Edition, National Fire Alarm and Signaling Code Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.1.1 in its entirety and substitute in its place the following: 1.1.1 " Scope. This Code covers the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, supervising station alarm systems, public emergency alarm reporting systems, fire and carbon monoxide detection and warning equipment, and emergency communications systems (ECS), and their components, whether such system or component is required or not. 1.1.1.1 Where the requirements of this Code have technical differences and requirements from those established, as applicable, by Chapter 120-3-20 or 120-3-20A, of the Safety Fire Commissioner's Rules and Regulations for Accessibility to Buildings and Facilities, the technical provisions and requirements of Chapter 120-3-20 and 120-3-20A shall take precedence over the requirements of this Code where applicable." (b) Modifications to Chapter 7: 1. Add a new paragraph (5) to 7.5.3 to read as follows: (5) "For software-based systems, all access codes and passwords to grant access to the software by authorized personnel." (c) Modifications to Chapter 10: 1. Add a new subsection 10.4.7 to read as follows: 10.4.7 "Protection shall not be required in Existing building installations acceptable to the authority having jurisdiction." (d) Modifications to Chapter 17: 1. Add a new subparagraph 17.7.3.1.4 to read as follows: 17.7.3.1.4 "Alternate locations of smoke detectors as allowed by the International Fire Code , or where applicable, the Life Safety Code , and acceptable to the authority having jurisdiction, may be utilized and may be considered to be in compliance with this Code ." (e) Modification to Annex A: 1. Add a new Annex note A.18.4.4.2 to read as follows: A.18.4.4.2 "For example, in critical care patient areas, it is often desirable to not have an audible fire alarm even at reduced private mode levels. Another example would be classrooms for small children in day care or educational occupancies, where verbal communication is vital between caregivers or teachers and children during drills or during an actual fire or other emergency condition. Audible alarms often frighten small children and valuable time may be lost while trying to calm such children. Also, audible alarms at or near locations, where clear communications is required, may present a problem. A school office or a receptionist desk common to various occupancies are examples. An additional example of where an audible fire alarm could be a problem would be high noise level work areas where an audible signal needed to overcome background noise at one time of the day would be excessively loud and potentially dangerous at another time of lower ambient noise. A sudden increase of more than 30 dB over 0.5 seconds is considered to cause sudden and potentially dangerous fright. Each case requires individual consideration by the authority having jurisdiction."

(54) NFPA 75, 2017 Edition, Standard for the Protection of Electronic Computer/Data Processing Equipment Modifications: None

(55) NFPA 76, 2016 Edition, Standard for Fire Protection of Telecommunications Facilities Modifications: None

(56) NFPA 77, 2019 Edition, Recommended Practice on Static Electricity Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.9 to read as follows: 1.1.9 "This document is recognized strictly as a recommended practice that may be used in evaluating systems or devices installed for the purposes of safeguarding life and/or property against the hazards of static electricity. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(57) NFPA 78, 2020 Edition, Guide on Electrical Inspections (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.4 to read as follows: 1.1.4 "This document is recognized strictly as a recommended practice that may be used in evaluating electrical/electronic equipment, apparatus, or systems of industrial machines within its scope. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards. This standard is not meant to add any requirements not found in the NEC, nor change the intent of the intent of the requirements found in the NEC. If any conflict occurs between this standards and the NEC, the NEC shall control."

(58) NFPA 79, 2019 Edition, Electrical Standard for Industrial Machinery Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly as a recommended practice that may be used in evaluating electrical/electronic equipment, apparatus, or systems of industrial machines within its scope. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards. This standard is not meant to add any requirements not found in the NEC , nor change the intent of the requirements found in the NEC . If any conflict occurs between this standards and the NEC , the NEC shall control."

(59) NFPA 80, 2019 Edition, Standard for Fire Doors and Other Opening Protectives Modifications: None

(60) NFPA 80A, 2017 Edition, Protection of Buildings from Exterior Fire Exposures Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.5 to read as follows: 1.1.5 "This document is recognized strictly as a recommended practice that may be used in evaluating the exterior fire exposure risks of buildings. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand- alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(61) NFPA 82, 2019 Edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment Modifications: None

(62) NFPA 85, 2019 Edition, Boiler and Combustion Systems Hazards Code Modifications: None

(63) NFPA 86, 2019 Edition, Standard for Ovens and Furnaces Modifications: None

(64) NFPA 87, 2018 Edition, Standard for Fluid Heaters Modifications: None

(65) NFPA 88A, 2019 Edition, Standard for Parking Structures Modifications: None

(66) NFPA 90A, 2018 Edition, Standard for the Installation of Air-Conditioning and Ventilating Systems Modifications: None NOTE: The International Mechanical Code , as adopted by the Georgia Department of Community Affairs (DCA), shall be the applicable code replacing 90A with the exception of its application to Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living homes or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to Table 102.13, CODES REFERENCE GUIDE in the International Fire Code adopted by this Chapter 120-3-3.)

(67) NFPA 90B, 2018 Edition , Standard for the Installation of Warm Air Heating and Air- Conditioning Systems Modifications: None NOTE: The International Mechanical Code , as adopted by the Georgia Department of Community Affairs (DCA), shall be the applicable code replacing 90B with the exception of its application to Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living communities or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to Table 102.13, CODES REFERENCE GUIDE in the International Fire Code adopted by this Chapter 120-3-3.)

(68) NFPA 91, 2015 Edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids Modifications: None

(69) NFPA 92, 2018 Edition, Standard for Smoke Control Systems Modifications: None [Note: Also see 909.2.1 (1) of the International Fire Code ]

(70) NFPA 96, 2017 Edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations Modifications: (a) Modification to Chapter 1: 1. Delete subsection 1.1.3 in its entirety and substitute in its place the following: 1.1.3 "This standard shall apply to all commercial cooking equipment used for commercial cooking operations." 2. Delete subsection 1.1.4 in its entirety and substitute in its place the following: 1.1.4 "This standard shall not apply to residential cooking equipment located in a single dwelling unit or to cooking equipment in facilities where all of the following are met: (1) Only residential cooking equipment such as: stoves, ranges or cooking surfaces traditionally used in dwelling units are being utilized. (2) The defined residential cooking equipment contains a maximum of four standard surface cooking elements and is not used for frying operations. (3) The defined residential equipment is used for food warming, limited cooking, rehabilitation training or in a home economic education classroom setup. (4) The residential cooking equipment is protected by a listed self-contained residential fire suppression system located in an approved residential hood which is vented directly to the outside and providing protection to each cooking surface The self-contained fire suppression system for the defined residential cooking equipment need not be provided where protection is provided by an approved automatic sprinkler system protecting the cooking surface, subject to approval of the authority having jurisdiction. The self-contained residential fire suppression system shall automatically disconnect electric power to electric stoves, and shut off the gas supply and electric power to gas fueled stoves, provided, however, this provision shall not be retroactive for installations approved prior to the effective adoption date of this standard. (5) The facility is not an assembly occupancy, provided, this shall not apply to church facilities with a single residential stove or range complying with (2) above. (6) Fire Extinguishers are located in all kitchen areas in accordance with NFPA 10, Standard for Portable Fire Extinguishers, and this Code , as adopted with modifications." 1. Add a new subsection 1.1.5 to read as follows: 1.1.5 "This standard, except for operational and maintenance provisions, shall not apply for conditions existing prior to March 9, 2010, subject to the approval of the authority having jurisdiction, and where a notarized statement that no frying operations will be performed is provided. This approval shall be void for cause when the authority having jurisdiction finds cooking operations involve frying operations. (See also 1.4.1)" (b) Modification to Chapter 10: 1. Delete subsection 10.2.6 in its entirety and substitute in its place the following: 10.2.6 "Automatic fire extinguishing systems shall be installed by competent personnel meeting Chapter 120-3-23, Rules and Regulations of the Safety Fire Commissioner, licensing and permit requirements. In addition, such systems shall be installed in accordance with the terms of their listing, the manufacturer's instructions, and the following applicable standard(s): (1) NFPA 12, Standard on Carbon Dioxide Extinguishing Systems (2) NFPA 13, Standard for the Installation of Sprinkler Systems (3) NFPA 17, Standard for Dry Chemical Extinguishing Systems (4) NFPA 17A, Standard for Wet Chemical Extinguishing Systems" 2. Add a New Subsection 10.4.4.1 to read as follows: 10.4.4.1 Shut off devices shall be located below any ceiling and be accessible. (c) Modification to Chapter 13: 1. Delete Section 13.2 in its entirety and substitute in its place the following: 13.2 " Design Restrictions. All recirculating systems shall comply with the requirements of Section 13.2. Recirculating systems shall be limited to outdoor vending areas or rooms that are fully sprinklered." (d) Add a New Chapter 16: Chapter 16: Mobile and Temporary Cooking Operations 16.1 General Requirements 16.1.1 Annex B shall be adopted as mandatory requirements for mobile and temporary cooking operations. 16.1.2 Cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, tents or any form of roofed enclosure shall comply with this chapter.

(71) NFPA 99, 2018 Edition, Standard for Health Care Facilities Modifications: None NOTE: Hospitals, hospices, ambulatory surgical centers, nursing homes, or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to 120-3-3-.03 of Chapter 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner for definitions of "assisted living communities" and "memory care units. Such facilities are regulated, as appropriate by Chapters 34 or 35 of the Life Safety Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner.)

(72) NFPA 99B, 2018 Edition, Standard for Hypobaric Facilities Modifications: None

(73) NFPA 101, 2018 Edition, Life Safety Code Modifications: The 2018 Edition of the Life Safety Code is adopted with modifications so as to be applicable to proposed (new) and existing buildings and structures. Unless noted otherwise herein, operational provisions such as fire drills, emergency egress and relocation drills, development of fire or emergency plans, and regulation of decorations and contents of building and structures of the various provisions of NFPA 101, Life Safety Code shall not be applicable to proposed (new) or existing buildings, structures, facilities, or conditions. The operational provisions of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall apply to proposed (new) and existing buildings, structures, facilities, and conditions, unless such provisions are less protective than or are in conflict with the rules and regulations of the Centers for Medicare and Medicaid Services (CMS) as they apply to health care related occupancies. (a) Modifications to Chapter 1: 1. Delete paragraph (1) of subsection 1.1.9 in its entirety and substitute in its place the following: (1) "General fire prevention or building construction features are normally a function of fire prevention codes and building codes. The International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, and the International Building Code ( IBC ), as adopted by the Georgia Department of Community Affairs, are applicable, and their use along with other codes and standards shall be coordinated with this Code , as set forth in 1.4.4 and Table 1.4.4, CODES REFERENCE GUIDE 2. Add a new subsection 1.4.4 to read as follows: 1.4.4 " Code Coordination. This Code shall apply to all proposed (new) and existing buildings, structures and facilities, except as herein provided, and shall be utilized in conjunction with the IBC , the IFC , the IMC, and the IFGC, to the degree provided in Table 102.13 CODES REFERENCE GUIDE . 1.4.4.1 This Code does not apply to one- and two-family dwellings or one-and two-family row houses (townhouses) separated by a 2-hour firewall, except as specified in Chapters 26, 30 and 31." Table 102.13: CODES REFERENCE GUIDE Area Primary Supplement Occupancy Classification LSC IBC Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types. IBC LSC Means of Egress LSC NONE Standpipes IBC IFC Interior Finish LSC NONE HVAC Systems IMC NONE Vertical Openings LSC NONE Sprinkler Systems minimum LSC NONE Fire Alarm Systems LSC NONE Smoke alarms & Smoke Detection Systems State Statute & LSC NONE Cooking Equipment LSC & NFPA 96 NONE Portable Fire Extinguishers IFC NONE Fuel Fired Appliances IFGC NFPA 54 Liquid Petroleum Gas NFPA 58 NFPA 54 Compressed Natural Gas NFPA 52 NONE (b) Modification to Chapter 3: [Note: Refer to 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner for modified or special definitions that apply to this Code , unless otherwise advised by the various chapters of this Code .] (c) Modification to Chapter 4: 1. Delete Section 4.7 and 4.8 in their entirety (4.7.1 through 4.8.2.3) and substitute in their place the following: "SECTION 4.7 Fire Safety and Evacuation Plans and Emergency Evacuation Drills. 4.7.1 Fire Safety and Evacuation Plans. Fire safety and evacuation plans shall be developed, made available, and maintained in various occupancies as required by Section 404 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 4.7.1.1 Resources for Development of Fire Safety and Evacuation Plans. The provisions of A.4.7, A.4.7.2, A.4.7.4, A.4.7.6, A.4.8.2.1, and Table A.4.8.2.1(3), and as applicable, A.12.7.6, A.12.7.7, A.12.7.7.3, A.13.7.6, A.13.7.7, A.14.7.2.1, A.15.7.2.1, A.16.7.1, A.16.7.2.1, A.17.7.1, A.18.7, A.18.7.2.1, A.19.7, A.19.7.2.1, A.20.7, A.20.7.2.1, A.21.7, A.21.7.2.1, A.22.7.1.3, A.23.7.1.3, A.28.7.1.1, and A.29.7.1.1 of this Code shall be deemed acceptable resources for use in the development of fire safety and evacuation plans required by the International Fire Code, as set forth by the provisions of 4.7.1 of this Code . 4.7.2 Emergency Evacuation Drills. Emergency evacuation drills shall be conducted in various occupancies as required by Section 405 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 4.7.3 Employee Training and Response Procedures. Employees in various occupancies shall be trained in fire emergency procedures and evacuation procedures as required by Section 406 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (d) Modifications to Chapter 6: 1. Delete subparagraph 6.1.14.4.1 in its entirety and substitute in its place the following: 6.1.14.4.1 "Where separated occupancies are provided, each part of the building comprising a distinct occupancy as described in this chapter, shall be completely separated from other occupancies by fire resistive assemblies as specified in 6.1.14.4.2, and in Section 508 of the International Building Code , adopted by the Georgia Department of Community Affairs, as applicable to "separated occupancies", unless separation is provided by approved existing separations." 2. Delete subparagraph 6.1.14.4.3 in its entirety without substitution. 3. Delete Table 6.1.14.4.1(a) in its entirety without substitution. 4. Delete Table 6.1.14.4.1(b) in its entirety without substitution. (e) Modifications to Chapter 7: 1. Add a new item (8) to subparagraph 7.2.1.4.1 to read as follows: (8) " For conditions or circumstances not covered herein, vertical fire shutters, roll down fire doors, or similar assemblies shall not be installed in means of egress, except where expressly permitted due to special hazards or circumstances by other chapters of this Code , or by approval of the Office of the State Fire Marshal for buildings coming under O.C.G.A. 25-2-13 , or by the fire authority having jurisdiction over other buildings." 2. Add a new subparagraph 7.2.1.8.2.1 to read as follows: 7.2.1.8.2.1 "Where fire doors are used within the means of egress, they shall comply with the applicable provisions of 7.2.1. Spring loaded hinges or spring operated self-closing devices not listed for use with rated fire door assemblies are prohibited for use as closing devices for fire rated doors. 7.2.1.8.2.1.1 Existing applications utilizing spring loaded hinges in existing buildings may be continued in use where acceptable to the authority having jurisdiction. 7.2.1.8.2.1.2 Spring loaded hinges or spring operated self-closing devices shall not be permitted for use on fire-rated smoke doors, provided, however, spring loaded hinges may be used on non-rated doors designed and installed to resist the passage of smoke, unless otherwise specified in Chapters 11 through 43. 7.2.1.8.2.1.3 Existing installations in existing buildings of spring loaded hinges on fire-rated smoke doors may be continued in use where acceptable to the authority having jurisdiction." 3. 3. Revise 7.2.2.2.1.1 (1) to read as follows. (1) New stairs shall be in accordance with Table 7.2.2.2.1.1(a) and 7.2.2.2.1.2 and the following shall apply: (a) Risers shall be solid 4. Revise 7.2.2.2.1.1 (3) to read as follows. (3) Approved existing stairs shall be permitted to be rebuilt in accordance with the following: (a) Dimensional criteria of table 7.2.2.2.1.1 (b) (b) Other stair requirements of 7.2.2 (c) Risers shall be solid 5. Add a new subparagraph 7.2.3.10.3 to read as follows: 7.2.3.10.3 " Deactivation of Mechanical Pressurization Systems. The design of pressurization systems shall ensure that smoke is not introduced into the pressurized enclosure so as to result in the untenable contamination of the fresh air. Approved smoke detectors shall be installed at each intake in such approved manner that the operation of the fan providing mechanical pressurization to the enclosure where smoke is detected shall be deactivated upon detection of smoke." 6. Add a new paragraph 7.3.1.2.1 to read as follows: 7.3.1.2.1 "Where substantial evidence and documentation is provided, the authority having jurisdiction may decrease the occupant load for some occupancy use areas. The determined occupant load capacity shall be posted at an obvious location indicating the total occupant load capacity." 7. Add to Table 7.3.1.2 entitled "Occupant Load Factor" the additional use areas to read as follows: "Locker Rooms 15 (1.4) Free Weight Rooms 20 (1.9) Running Tracks 50 (4.7) Art Museums 30 (2.8) Pool Halls 75 (6.9) Multi-Purpose room 7 (0.65) Airport terminals: Concourse 100 (9.3) Waiting area 15 (1.4) Baggage Claim 20 (1.9) Baggage Handling 300 (27.9)" 8. Add a new subparagraph 7.4.1.1.1 to read as follows: 7.4.1.1.1 "Egress stairways from mezzanines shall conform to the requirements of Chapter 7 of this Code . They may be open to the floor of the room in which they are located provided all of the following conditions are met: (1) The space beneath the mezzanine is totally open and unencumbered by partitioned rooms or spaces. The space beneath the mezzanine may be enclosed provided the enclosed space is protected throughout with a smoke detection system installed in accordance with NFPA 72, National Fire Alarm and Signaling Code , which sounds an alarm in the mezzanine. (2) The travel distance from the most remote point on the floor of the mezzanine to the building exit or to a protected egress corridor, exit court, horizontal passageway, enclosed stair, or exterior exit balcony does not exceed the travel distance limitations of Chapters 11 through 42. (3) The occupant load of the mezzanine is added to the occupant load of the story or room in which it is located for the purposes of determining the minimum egress requirements. (4) The mezzanine in not occupied for sleeping purposes unless there are exterior windows accessible to the mezzanine and located not more than two stories above grade." 9. Add a new paragraph 7.7.1.5 to subsection 7.7.1 to read as follows: 7.7.1.5 "Where the exit discharge termination cannot be at a public way, or the authority having jurisdiction determines it to be a significant hardship to provide the termination at a public way, the authority having jurisdiction may approve the exit discharge termination to be a safe dispersal area that complies with the following: (1) The area shall be of an area that accommodates at the least 5 square feet (0.46 m²) for each person calculated to be served by the exit(s) for which the dispersal area is provided. (2) The dispersal area shall be located on the same lot at least 50 feet (15240 mm) away from the building requiring egress. A greater distance may be required by the authority having jurisdiction based on the evaluated fire severity or other risk from the building requiring egress.) (3) The area shall be clearly identified and permanently maintained as a safe dispersal area. (4) The area shall be provided with a clearly identified and unobstructed exit discharge route, and comply with the applicable provisions of 7.1.6 of this Code . (5) The exit discharge route and the dispersal area shall be illuminated by normal and emergency lighting, where the building requiring egress is occupied during periods of darkness." 10. Add a new subsection 7.7.7 to read as follows: 7.7.7 "Discharge from exits into fenced or walled courtyards or yards. 7.7.7.1 For occupancies covered by Chapters 14, 15, 16, 17, 32 and 33, exits shall be permitted to discharge into fenced or walled courtyards or yards, provided the courtyard or yard is provided with a gate at least 32 inches (0.81 m) in clear width. Where the population served exceeds 50, two gates shall be provided. There shall be adequate exit capacity provided for the population served. The requirements of 7.4.1.2 shall apply. Gates are permitted to be locked if adequate provisions are made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to the staff at all times that is approved by the authority having jurisdiction. Only one locking device shall be permitted on each gate. 7.7.7.2 The provisions of 7.7.7.1 shall not be construed as prohibiting the use of fenced or walled courtyards as components of the discharge of exits as set forth in Chapters 22 and 23. 7.7.7.3 The provisions of 7.7.7.1 may be applied, as approved by the authority having jurisdiction, to an "Assisted Living Community" or "Memory Care Unit" as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 7.7.7.4 The provisions of various occupancy chapters dealing with a "lock-up", as defined in 3.3.164, shall not be construed as applying to the exit discharge provisions of 7.7.7.1, provided, however, exits from approved lock-ups may discharge into fenced or walled areas complying with the provisions of Chapter 22 or 23 as may be applicable, and as approved by the authority having jurisdiction." (f) Modification to Chapter 8: 1. Delete paragraph 8.2.1.2 in its entirety and substitute in its place the following: 8.2.1.2 "The International Building Code ( IBC ) as adopted by the Department of Community Affairs (DCA) shall be used to determine the requirements for the construction classification." 2. Add a new subparagraph 8.2.1.2.1 and Table 8.2.1.2.1 to read as follows: 8.2.1.2.1 " Construction Conversion Table . The table noted herein provides a comparison of acceptable construction types as defined in NFPA Standard 220 and the International Building Code ( IBC )." Table 8.2.1.2.1 Conversion Table for the IBC and NFPA 220 Construction Types NF PA 220 Type I (443) Type I (332) Type II (222) Type II (111) Type II (000) Type III (211) Type III (200) Type IV (2 HH) Type V (111) Type V (000) IBC

IA IB IIA IIB IIIA IIIB IV VA VB 3. Add a new to sub-paragraph 8.2.2.2.1 to read as follows: 8.2.2.2.1 "Fire barriers/walls required for tenant separation by the IBC may terminate at exit access corridors with a lower fire rating including a non-rated smoke resistive barrier, if such barriers are allowed by the requirements for the protection rating of exit access corridors." 4. Delete paragraph 8.2.2.5 and replace with a new paragraph 8.2.2.5 8.2.2.5 Fire and/or Smoke Barrier Identification. All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7 m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Wording shall be similar to the following: '(4)' Hour Fire and Smoke Barrier-Protect All Openings. Where signs are utilized, they shall be designed and installed to resist peeling of detaching from the barrier. Other methods acceptable to the authority having jurisdiction shall be deemed approved. 8.2.2.5.1 Existing stenciling, acceptable to the authority having jurisdiction, shall be permitted to remain in use. Existing signs that are not peeling or detaching from the barrier shall be permitted to remain in use, subject to the approval of the authority having jurisdiction. 5. Add a new paragraph 8.3.1.2.1 to read follows: 8.3.1.2.1 2-hour fire barriers shall occur at the junction of new and existing construction when the existing construction does not meet the minimum requirements of the code for existing facilities. Such barriers shall not be extended into the new construction. 6. Add a new 8.3.3.6.12 to read as follows: 8.3.3.6.12 Tested and listed fire-rated glazing material installed in separately tested fire-rated frame assemblies not tested in a single unit with fire-rated glazing material may be permitted to be used subject to approval of the authority having jurisdiction in fire-rated barriers that are not part of an exit enclosure or enclosures around unsprinklered hazardous areas not containing flammable liquids or gases, combustible liquids, or other materials having the potential for rapid oxidation or explosion potential. 7. Delete 8.7.3.1 in its entirety and substitute in its place the following: 8.7.3.1 The use, handling and storage of flammable or combustible liquids, flammable gases, or other materials deemed hazardous to the safety of life shall be in accordance with the applicable provisions of the International Fire Code (IFC) , as adopted by Chapter 120-3-3, of the Rules and Regulations of the Safety Fire Commissioner, or in accordance with the applicable codes or standards adopted by other Chapters of the Rules and Regulations of the Safety Fire (g) Modification to Chapter 9: 1. Delete 9.1.1 in its entirety and insert in its place the following: 9.1.1 "Gas. Equipment using gas and related gas piping shall be in accordance with the International Fuel Gas Code (IFGC) , NFPA 54, National Fuel Gas Code, or NFPA 58, Liquefied Petroleum Gas Code , as may be applicable and as adopted by the applicable Chapters of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 1.4.4, CODES REFERENCE GUIDE . Existing installations, subject to approval of the authority having jurisdiction, shall be permitted to be continued in service." 2. Add a new paragraph 9.1.1.1 to read as follows: 9.1.1.1 Where fuel gases are used in new buildings and facilities in Chapters 12, 14, 16, 18, 20, 22, 26, 28, 30, 32, 34, 36, 38, 40 and 42 fuel gases detection and warning equipment shall be installed in accordance with NFPA 715 Standard for the Installation of Fuel Gases Detection and Warning Equipment as adopted in Rules and Regulations of the safety Fire Commissioner Chapter 120-3-3. 3. Add a new paragraph 9.1.1.2 to read as follows: 9.1.1.2 Where fuel gas equipment is replaced or installed new in existing buildings and facilities in Chapters 13, 15, 17, 19, 21, 23, 26, 29, 31, 33, 35, 37, 39, 40 and 42 fuel gases detection and warning equipment shall be installed in accordance with NFPA 715 Standard for the Installation of Fuel Gases Detection and Warning Equipment as adopted in Rules and Regulations of the safety Fire Commissioner Chapter 120-3-3. 4. Delete 9.2.1 in its entirety and substitute in its place the following: 9.2.1 "Air Conditioning, Heating, Ventilating, Ductwork, and Related Equipment. Air conditioning, heating, ventilating ductwork, and related equipment shall be in accordance with the International Mechanical Code (IMC) , as adopted by the Georgia Department of Community Affairs. (Refer to Table 1.4.4 , CODES REFERENCE GUIDE )" 5. Delete section 9.3 in its entirety and substitute in its place the following: 9.3.1 " General. Smoke control systems, where required or permitted by Chapters 11 through 42, shall be designed, installed, tested, and maintained in conformance with Section 909 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 6. Add a new subsection 9.3.2 to read as follows: 9.3.2 "Detention, holding or processing cell(s) which are used for the containment of an individual for not more than two hours in a 12-hour period shall not be required to be provided with vent openings, smoke shafts, or an engineered smoke control system to provide ventilation provided each cell is monitored by closed circuit television or dedicated personnel located outside the holding area and which have visual supervision of the cell(s)." 7. Delete subsection 9.4.2.1 in its entirety and substitute in its place the following: 9.4.2.1 "New elevators, escalators, dumbwaiters, and moving walks shall be installed in accordance with the requirements of ANSI/ASME A17.1, Safety Code for Elevators and Escalators. The elevator lobby of the designated floor and the alternate floor specified by Rule 211.3(a), and determined by the Fire Chief of the fire department having emergency response jurisdiction, shall be separated from the remainder of the building by 1-hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with Section 8.4 may be used in lieu of 1-hour fire rated construction. Except health care occupancies as approved by the AHJ, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors or exits only. Elevator lobbies may be used as part of the means of egress from the building. Exception No. 1: Elevator lobbies are not required within an atrium. Exception No. 2: Elevator lobbies are not required where elevators are installed on open exterior walls. Exception No. 3: Elevator lobbies are not required where elevators are installed in open air parking structures. Exception No 4: Elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter. Exception No 5: Elevator lobbies are not required in mercantile occupancies that have properly protected openings for escalators or stairs. Exception No 6: Existing installations acceptable to the authority having jurisdiction." 8. Add a new subparagraph 9.6.2.10.8.1 to read as follows: 9.6.2.10.8.1 "Existing battery-powered smoke alarms as permitted by other sections of this Code shall be permitted to remain in use provided the following criteria are met: 1. The device is no older than 10 years of the manufactures date on the device; and, 2. The device is installed in a facility that was legally permitted before July 1, 1987, as a residential occupancy; and, 3. The facility has demonstrated to the authority having jurisdiction that the testing, maintenance, and battery replacement program will ensure reliability of power to the smoke alarms, 9. Add a new subparagraph 9.6.2.10.8.2 to read as follows: 9.6.2.10.8.2 "Existing battery-powered smoke alarms as permitted by other sections of this Code and which meet the provisions of subparagraph 9.6.2.10.8.1 shall be replaced with smoke alarms whose device housing is tamper resistant and is powered by a non-replaceable, non-removable energy source capable of powering the alarm for a minimum of ten years from the manufacture's date on the device when any of the following apply: 1. The device is replaced for any reason; or, 2. The provisions of subparagraph 9.6.2.10.8.1 or not met; or, 3. There is no manufactures date that exist on the device; or, 4. The device does not meet all of the provisions of subparagraph 9.6.2.10.8.1. 10. Delete 9.6.3.6.3 and its place substitute the following: 9.6.3.6.3 "Where occupants are incapable of evacuating themselves because of age, dependence on verbal communication with caregivers, physical or mental disabilities, or physical restraint, the private operating mode as described in NFPA 72, National Fire Alarm and Signaling Code , shall be permitted to be used. Only attendants, caregivers, and other personnel that are required to relocate or assist in the relocation occupants from a zone, area, floor, or building shall be required to be notified. The notification shall include means to readily identify the zone, area, floor, or building in need of evacuation. Where approved by the authority having jurisdiction, the requirements for audible signaling shall be permitted to be further reduced or eliminated when visible signaling is provided in accordance with NFPA 72. 11. Add an Annex Note to 9.6.3.6.3 to read as follows: A.9.6.3.6.3 "For example, in critical care patient areas, it is often desirable to not have an audible fire alarm even at reduced private mode levels. Another example would be classrooms for small children in day care or educational occupancies, where verbal communication is vital between caregivers or teachers and children during drills or during an actual fire or other emergency condition. Audible alarms often frighten small children and valuable time may be lost while trying to calm such children. Also, audible alarms at or near locations where clear communications is required may present a problem. A school office or a receptionist desk common to various occupancies are examples. An additional example of where an audible fire alarm could be a problem would be high noise level work areas where an audible signal needed to overcome background noise at one time of the day would be excessively loud and potentially dangerous at another time of lower ambient noise. A sudden increase of more than 30 dB over 0.5 seconds is considered to cause sudden and potentially dangerous fright. Each case requires individual consideration by the authority having jurisdiction." 12. Add a new subparagraph 9.7.1.1.1 to read as follows: 9.7.1.1.1 "NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height s, shall be permitted for use as specifically referenced in Chapters 24 through 33 of this Code . This standard shall also be permitted for the design and installation of automatic sprinkler systems in personal care homes, community living arrangements, day-care centers, and day-care homes in buildings up to and including four stories. When a single-story open-air parking structure of fire- restrictive construction is below a four-story residential occupancy the structure is considered within this scope. NFPA 13R automatic sprinkler systems shall not be permitted in assisted living communities or memory care units, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, unless authorized by the State Fire Marshal's Office." 13. Add a new subparagraph 9.7.2.1.3 9.7.2.1.3 Where approved by the authority having jurisdiction valves on the exterior of buildings are permitted to be supervised by one of the following methods: (1) Valves locked in the correct position and inspected weekly as part of an approved procedure. (2) Valves located in a fenced enclosure under the control of the owner, sealed in the open position, and inspected weekly as part of an approved procedure. 9.7.2.1.3.1 Records shall be made for all inspections required by 9.7.2.1.3 (1) and (2) and shall be made available to the authority having jurisdiction upon request. These records shall be maintained for a period of 3 years. 9.7.2.1.3.2 The valve supervision methods described in 9.7.3.1.3 shall not apply to hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living communities, assisted living homes, memory care units or other health care type occupancies or facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS). 14. Delete paragraph 9.9 in its entirety and substitute in its place the following: 9.9 "Portable fire extinguishers shall be installed in all buildings, structures and facilities as set forth in this Code and as established in 906.1 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 1.4.4, CODES REFERENCE GUIDE ) 15. Delete paragraph 9.10 in its entirety and substitute in its place the following: 9.10 "Where required by either the provisions of another section of this Code , the International Building Code ( IBC ) as adopted by the Department of Community Affairs or the International Fire Code (IFC) as adopted by Chapter 120-3-3 Rules and Regulations of the Safety Fire Commissioner, standpipe and hose systems shall be provided in accordance with NFPA 14, Standard for the Installation of Standpipe and Hose Systems. Where standpipe and hose systems are installed in combination with automatic sprinkler systems, installation shall be in accordance with the appropriate provisions established by NFPA 13, Standard for the Installation of Sprinkler Systems , and NFPA 14, Standard for the Installation of Standpipe and Hose Systems." (h) Modifications to Chapter 10: 1. Delete SECTION 10.3 in its entirety and substitute in its place the following: SECTION 10.3 " Decorations and Furnishings . 10.3.1 The use of decorative materials (vegetative and non-vegetative), as defined in Chapter 2 of the International Fire Code , and furnishings in proposed (new) and existing buildings shall be regulated as set forth by Sections 805, 806, 807, and 808 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (i) Modifications to Chapter 11: 1. Delete subsection 11.1.6 in its entirety and substitute in its place the following: 11.1.6 " Minimum Construction requirements. The minimum construction requirements for the location of occupants of health care and ambulatory health care occupancies shall be as specified in accordance with the applicable occupancy chapter." 2. Delete paragraph 11.3.3.5 in its entirety and substitute in its place the following: 11.3.3.5 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all enclosed and normally occupied towers in accordance with 9.9 of this Code ." 3. Add a new item (4) to paragraph 11.7.3.4 to read follows: (4) "This requirement shall not apply to existing windowless or underground structures, excluding Chapter 15, with an occupant load of 100 or fewer persons in the windowless or underground portions of the structure." 4. Delete subsection 11.8.2.3 in its entirety and substitute in its place the following: 11.8.2.3 " Smoke Proof Enclosures . High-rise buildings shall be provided with smoke proof exit enclosures in accordance with 7.2.3." 5. Add a new paragraph 11.8.3.3 to read as follows: 11.8.3.3 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all high- rise buildings in accordance with 9.9." 6. Add a new subsection 11.9.6 to read as follows: "11.9.6 Extinguishing Equipment: 11.9.6.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all permanent membrane structures in accordance with 9.9." 7. Delete subsection 11.10.3 in its entirety and substitute in its place the following: "11.10.3 Extinguishing Equipment. 11.10.3.1 Portable Fire Extinguishers . Portable fire extinguishers shall be provided in all temporary membrane structures in accordance with 9.9." 8. Delete subsection 11.11 Tents and all subsections thereunder in its entirety and substitute in its place the following: 11.11.5.1 Tents. Tents shall comply with all applicable requirements of Chapter 31 of the International Fire Code as adopted in the Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3." (j) Modification to Chapter 12: 1. Add a new subparagraph 12.1.1.2.1 to read as follows: 12.1.1.2.1 "Pursuant to O.C.G.A. 25-2-13(b)(1)(F), (G) and G.1) and 25-2-14(c), "Racetracks, stadiums, grandstands, theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls and other places of public assembly having an occupant load of 300 or more, except that the occupant load shall be 100 or more persons where alcoholic beverages are served, shall have a certificate of occupancy issued by the appropriate authority having jurisdiction. For churches the occupant load requirement is 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on the total occupant load of the building or structure." 2. Reserved. 3. Add a new paragraph 12.3.5.5 to read as follows: 12.3.5.5 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all assembly occupancies in accordance with 9.9" 4. Add a note following Table 12.4.2.3 to read as follows: "Note: See 12.4.2.6 for factors A, B and C in Tables 12.4.2.3 and 12.4.2.4.". 5. Delete paragraph 12.4.6.11 in its entirety and substitute in its place the following: 12.4.6.11 " Scenery, Decorations, and Furnishings. Combustible decorations and scenery of cloth, film, foam plastic, vegetation, and similar materials shall meet the applicable provisions of 805, 806, 807, and 808 of the International Fire Code (IFC) , as set forth in SECTION 10-3 of this Code. Scenery and stage properties not separated from the audience by proscenium openings shall be either noncombustible or limited-combustible." 6. Add a new subparagraph 12.4.8.9 to read as follows: 12.4.8.9 "Special amusement buildings not open to the public in excess of 45 days in a twelve month period shall be permitted, provided all of the following conditions are met: 1. Portable fire extinguishers with a minimum of a 2A:10B:C rating are placed within 25 feet of each activity or viewing station, so as to be readily accessible and visible to staff; 2. A smoke detection system is placed throughout the facility with a smoke detector located at each activity or viewing station and located throughout corridors and halls not to exceed a spacing more than 15 feet (4.6 m) from a wall or more than 30 feet (9.1 m) on center. Where there is no ceiling or cover over activity or viewing stations, or over exit access routes, other than the standard ceiling, smoke detectors shall be placed so that their area of coverage does not exceed the approval listing of the detectors; 3. Emergency lighting shall be provided which will cause illumination of the means of egress upon loss of power to lighting circuits for the means of egress routes serving the special amusement building. In addition, all staff shall be provided with flashlights; 4. Personnel dedicated for the sole purpose of performing fire watch duties as defined in Chapter 2 of the International Fire Code and as be deemed necessary for specific circumstances by the authority having jurisdiction, shall be provided in such numbers to ensure the entire special amusement space is surveyed at least every 30 minutes starting 30 minutes prior to public occupancy. Such personnel shall be provided with a direct communication device for communication with all viewing or activity stations throughout the facility. In addition such personnel shall be provided with appropriate training for the operation of portable fire extinguishing equipment; 5. Communication to the responding fire department or emergency dispatch center is available from the facility (a regular telephone or at least two cell phones are acceptable); 6. "NO SMOKING" signs shall be posted at entrances to the building. Receptacles for the discard of smoking material shall be located a minimum of 15 feet (9.1 m) from the structure and shall be clearly identified by applicable signage; 7. Documentation of fire watch tours required by item 4 above is maintained. The documentation, at the minimum, shall note the time when the tour was conducted the name of personnel conducting the tour, and information about any hazards identified and actions taken to remove such hazards. Such documentation shall be readily available to the code official upon request. 8. Interior wall and ceiling finish materials complying with Section 10.2 shall be Class A throughout." 7. Delete subsection 12.7.3 in its entirety and substitute in its place the following: 12.7.3 " Open Flame and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used in any assembly occupancy, unless otherwise provided by 12.7.3.1 through 12.7.3.4. 12.7.3.1 As set forth in the exceptions to 308.3 of the IFC , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 12.7.3.2 This requirement shall not apply to heat-producing equipment complying with 9.2.2. 12.7.3.3 This requirement shall not apply to food service operations in accordance with 13.7.1. 12.7.3.4 Gas lights shall be permitted to be used, provided that precautions subject to the approval of the authority having jurisdiction are taken to prevent ignition of any combustible materials." 8. Delete subsection 12.7.4 in its entirety and substitute in its place the following: 12.7.4 " Scenery, Decorations, and Furnishings . Combustible decorations, curtains, draperies, similar furnishings, and scenery of cloth, film, foam plastic, vegetation, and similar materials shall meet the applicable provisions of 805, 806, 807, and 808 of the International Fire Code (IFC) , as set forth in SECTION 10-3 of this Code . The authority having jurisdiction shall impose additional controls, as he or she deems necessary, on the quantity and arrangement of combustible contents in assembly occupancies to provide an adequate level of safety to life from fire. (Refer to the definition for "decorative materials" in Chapter 2 of the International Fire Code ." 9. Delete section 12.7.5.4 and subsections 12.7.5.4.1 through 12.7.5.4.4 and substitute in its place the following: 12.7.5.4 " Vehicles . Vehicles on display indoors or within an exhibition facility shall comply with 2018 International Fire Code Section 314.4 as adopted in rules and regulations of the Safety Fire Commissioner Chapter 120-3-3.? 10. Delete subsection 12.7.6 in its entirety and substitute in its place the following: 12.7.6 " Crowd Managers. Crowd managers shall be provided as required by 403.12.3 of the IFC , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 11. Delete subsection 12.7.13 in its entirety and substitute in its place the following: 12.7.13 " Emergency Planning and Preparedness. Assembly occupancies (Group A) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (k) Modification to Chapter 13: 1. Add a new subparagraph 13.3.5.1.1 to read as follows: 13.3.5.1.1 "The provisions of 13.3.5.1 shall not apply to locations that were approved for occupancy prior to the adoption of the 2012 edition of the Life Safety Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, adopted 1/1/2014, and provided the conditions approved have not been modified without subsequent required review and approval by the authority having jurisdiction, and provided the provisions of 13.1.1.4 and 13.1.1.5 of this Code , as applicable, and the provisions of Section 103 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner, and as applicable to existing buildings are met." 2. Add a new paragraph 13.3.5.5 to read as follows: 13.3.5.5 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all assembly occupancies in accordance with 9.9." 3. Add a note following Table 13.4.2.3 to read as follows: "Note: See 12.4.2.6 for factors A, B and C in Tables 13.4.2.3 and 13.4.2.4.1." 4. Add a new paragraph 13.4.8.9 to read as follows: 13.4.8.9 "Special amusement buildings not open to the public in excess of 45 days in a twelve month period shall be permitted, provided all of the following conditions are met: 1. Portable fire extinguishers with a minimum of a 2A:10B:C rating are placed within 25 feet of each activity or viewing station, so as to be readily accessible and visible to staff; 2. A smoke detection system is placed throughout the facility with a smoke detector located at each activity or viewing station and located throughout corridors and halls not to exceed a spacing more than 15 feet (4.6 m) from a wall or more than 30 feet (9.1 m) on center. Where there is no ceiling or cover over activity or viewing stations, or over exit access routes, other than the standard ceiling, smoke detectors shall be placed so that their area of coverage does not exceed the approval listing of the detectors; 3. Emergency lighting shall be provided which will cause illumination of the means of egress upon loss of power to lighting circuits for the means of egress routes serving the special amusement building. In addition, all staff shall be provided with flashlights; 4. Personnel dedicated for the sole purpose of performing fire watch duties as defined in Chapter 2 of the International Fire Code and as be deemed necessary for specific circumstances by the authority having jurisdiction, shall be provided in such numbers to ensure the entire special amusement space is surveyed at least every 30 minutes starting 30 minutes prior to public occupancy. Such personnel shall be provided with a direct communication device for communication with all viewing or activity stations throughout the facility. In addition such personnel shall be provided with appropriate training for the operation of portable fire extinguishing equipment; 5. Communication to the responding fire department or emergency dispatch center is available from the facility (a regular telephone or at least two cell phones are acceptable); 6. "NO SMOKING" signs shall be posted at entrances to the building. Receptacles for the discard of smoking material shall be located a minimum of 15 feet (9.1 m) from the structure and shall be clearly identified by applicable signage; 7. Documentation of fire watch tours required by item 4 above is maintained. The documentation, at the minimum, shall note the time when the tour was conducted the name of personnel conducting the tour, and information about any hazards identified and actions taken to remove such hazards. Such documentation shall be readily available to the code official upon request. 8. Interior wall and ceiling finish materials complying with Section 10.2 shall be Class A throughout." 5. Delete subsection 13.7.3 in its entirety and substitute in its place the following: 13.7.3 " Open Flame and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used in any assembly occupancy. 13.7.3.1 This requirement shall not apply as set forth in the exceptions to 308.3.1 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 13.7.3.2 This requirement shall not apply to heat-producing equipment complying with 9.2.2. 13.7.3.3 This requirement shall not apply to food service operations in accordance with 13.7.2. 13.7.3.4 Gas lights shall be permitted to be used, provided that precautions subject to the approval of the authority having jurisdiction are taken to prevent ignition of any combustible materials." 6. Delete section 13.7.5.4 and subsections 13.7.5.4.1 through 13.7.5.4.4 and substitute in its place the following: 13.7.5.4 " Vehicle. Vehicles on display indoors or within an exhibition facility shall comply with 2018 International Fire Code Section 314.4 as adopted in rules and regulations of the Safety Fire Commissioner Chapter 120-3-3." 7. Delete subsection 13.7.6 in its entirety and substitute in its place the following: 13.7.6 " Crowd Managers. Crowd managers shall be provided as required by 403.12.3 of the IFC , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 8. Delete subsection 13.7.7 in its entirety and substitute in its place the following: 13.7.7 " Emergency Planning and Preparedness. Assembly occupancies (Group A) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (l) Modifications to Chapter 14: 1. Add a new paragraph 14.1.1.6 to read as follows: 14.1.1.6 " Mobile/Portable Classrooms . Each mobile/portable classroom shall not be occupied until the required Certificate of Occupancy has been authorized by the State Fire Marshal's Office, the proper local fire marshal, state inspector, or others authorized by O.C.G.A. Section 25-2-12 ." (a). For the purposes of this code the term mobile/portable classroom shall also include relocatable buildings. 2. Add a new subparagraph 14.1.1.6.1 to read as follows: 14.1.1.6.1 " Classification. Mobile/portable classroom structures, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall also be classified as Group E - Educational occupancies and shall comply with the provisions of this section and other sections applicable to Group E - Educational occupancies, except as may be provided otherwise elsewhere in this Code or in Chapter 120-3-3, of the Rules and Regulations of the Safety Fire Commissioner. 3. Add a new subparagraph 14.1.1.6.2 to read as follows: 14.1.1.6.2 "Plans and specifications for proposed (new) mobile/portable classrooms shall be submitted to and receive approval by either the State Fire Marshal's Office, the proper local fire marshal, state inspector, or others authorized by O.C.G.A. 25-2-12 prior to construction. A Georgia registered architect or engineer must place his or her seal on the plans submitted. Submitted plans must include a site plan that is drawn to scale and showing clearances from other mobile/portable classroom structures and other structures. Such site plan shall also show the exit discharge route(s) to a public way in accordance with this Code , or where such is not possible, to an approved area of refuge." 4. Add a new subparagraph 14.1.1.6.3 to read as follows: 14.1.1.6.3 "Proposed (new) mobile/portable classrooms shall comply with the various provisions of this Code applying to classrooms in educational occupancies (Group E - Educational), unless otherwise specified." 5. Add a new subparagraph 14.1.1.5.4 to read as follows: 14.1.1.6.4 "Locating Mobile/Portable Classroom Structures. Mobile/portable classrooms shall not be installed within 30 feet (9.1 m) of any exposed building or structure, or within 30 feet (9.1 m) of another exposed mobile/portable classroom unit. The mobile/portable classroom unit shall not be connected to any other unit, or to other buildings or structures by a canopy of combustible construction. The distance between a mobile/portable classroom unit and an exposed building or structure, that is totally protected by an approved automatic sprinkler system, may be reduced to 10 feet (3.05 m), provided, the exposed exterior wall is of noncombustible construction, and there are no windows or doors in the exposed wall of the building within 30 feet (9.1 m) of the mobile/portable classroom unit. The distance may be reduced to 0 feet if the exposed wall is of noncombustible construction having a certified fire resistance rating of at least 2-hours and without openings within 30 feet (9.1 m) of the exposing mobile/portable classroom unit." 6. Add a new paragraph 14.2.1.4.1, to read as follows: 14.2.1.4.1 "The provisions of 14.2.1.2 and 14.2.1.3 shall not apply to educational facilities that meet the requirements of 16.1.6." 7. Add a new subparagraph 14.2.2.2.2.1 to read as follows: 14.2.2.2.2.1 "Doors serving as exits from mobile/portable classrooms shall not be less than 32 inches (0.91 m) in clear width, swing outward with exit travel onto landings at least 4 feet by 4 feet (1.2 m by 1.2 m), and have steps and/or ramps complying with applicable provisions of this Code . This includes guardrails and graspable handrails. Steps and ramps serving fewer than 50 persons may be 36 inches (0.91m) in clear width." 8. Add a new paragraph (5) to 14.2.11.1.1 1 to read as follows: (5) "Windows may open onto a court or an enclosed court provided all of the following criteria are met: (a) The court shall be of sufficient width such that persons exiting through the courtyard will be at a minimum dimension not less than 10 feet (3 m) from any portion of the building that could present an exposure condition to a fire. (b) The court has exits directly to the exterior of the building through an exit passageway that is separated out from all other parts of the building by 2-hour fire-rated construction. No space other than exit corridors protected by 'B' labeled 11/2-hour fire doors, whether normally occupied or not, shall open onto this required exit passageway. (c) The exit capacity for the exit passageway shall be of sufficient width for the corridors connected to it as well as the enclosed court calculated at 15 square feet (1.4 sq. m) per person or minimum number of students subject to exiting into the court, whichever is the greater of the two. (d) The travel distance from any point in a connecting classroom to the exterior of the building through the exit passageway shall not exceed 150 feet (45.7 m). (e) The court is provided with emergency lighting to direct occupants to the exit(s) in accordance with Section 5.9. (f) The exit(s) from the court is/are clearly marked in accordance with Section 7.10." 9. Add a new paragraph 14.2.11.4 to read as follows: 14.2.11.4 " School Hallway Interior Emergency Lockdown Defense (SHIELD). The installation of a School Hallway Interior Emergency Lockdown Defense (SHIELD) shall be permitted in educational occupancies provided all of the following criteria are met: (1) Activation shall be by means of depressing a panic button or pull station marked for emergency SHIELD available to school administration at a central location. Additional activation may be by telephone code. (2) System activation shall automatically contact law enforcement authorities upon activation. (3) Cross corridor doors may be provided with magnetic hold open devices to release upon activation of the system. (4) Upon activation of the system, cross corridor doors shall be permitted to be kept in the closed position with magnetic locks. (5) System hardware shall be provided with emergency power or battery back-up in event of loss of power. (6) Smoke detectors shall be provided within 15 feet of cross corridor doors on the classroom egress side for each corridor zone and be identified distinctly from other required detectors. Such detectors upon activation by smoke shall release door mag locks for the locked zone to freely open. Detectors are not required to be interconnected into the building's fire alarm system. (7) Card readers with keypad shall be installed on the ingress side of the doors requiring a PIN code and card swipe to deactivate for the activated corridor zone. (8) Keypad shall be installed on the egress side of the doors only requiring a PIN code for deactivation of the door mag locks for the activated corridor zone. (9) A blue light strobe and siren, distinct from that of the fire alarm may be provided to deter intruders. (10) Staff shall be adequately trained on the intent and operation of the system with the conduction of mock drills. 14.2.11.4.1 (SHIELD) Activation. The SHIELD system shall only be activated in the following (1) The event of intrusion or active shooter upon school premises. (2) For the purposes of testing the system. (3) For the purposes of conducting drills related to the intrusion or active shooter upon school premises." 10. Delete subparagraph 14.3.2.1(1)(a) in its entirety and substitute in its place the following: (a) "Boiler and furnace rooms, unless such rooms enclose only air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 Btu. Such rooms shall not be used for any combustible storage. In addition, a minimum of 30 inches (0.76 m) shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 11. Delete the term "Laundries" from 14.3.2.1(2)(a) and substitute in its place the following: (a) "Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)." 12. Add a new subparagraph 14.3.2.2.1 to read as follows: 14.3.2.2.1 "Residential type cooking equipment. Residential type cooking equipment located in food preparation areas of home economic labs may be protected by a listed self-contained residential fire suppression systems located in a residential hood over each cooking surface, with the exhaust hood vented directly to the outside of the building. The fire suppression system shall automatically disconnect electric power to electric stoves or shut off the gas supply to gas fueled stoves. Food preparation areas located in home economics labs need not be so protected where located in a fully sprinklered building or where protection is provided in accordance with 9.7.1.2, provided, however, the exhaust hood shall still be required to be vented to the outside of the building." 13. Add a new subparagraph 14.3.4.2.3.3 to read as follows: 14.3.4.2.3.3 "Manual fire alarm boxes may be located in rooms which open directly onto such corridors and normal paths of travel provided all of the following are met: (1) The rooms in which such manual fire alarm boxes are placed are constantly supervised all school hours. (2) The rooms in which such manual fire alarm boxes are placed are located in close proximity to the to that portion of the corridors and normal paths of travel where a manual fire alarm box would be placed in accordance with 9.6.2.5. (3) A sign is placed on the corridor wall immediately adjacent to the entry door(s) of such room so that it can be readily seen at all times. The sign shall state "MANUAL FIRE ALARM BOX LOCATED IN THIS ROOM". The sign shall have a red background and the letters shall be white and be at least one inch in height." 14. Delete subparagraph 14.3.4.3.1.1 in its entirety and substitute in its place the following: 14.3.4.3.1.1 "Occupant notification shall be by means of audible and visual alarm devices in accordance with 9.6.3 and Chapter 120-2-20, Rules and Regulations of the Safety Fire Commissioner. Where visual alarm devices are located inside classrooms the installation of an audible device or component shall not be required, provided the audible alarm signal from alarm devices located in adjacent corridors or compartments is clearly audible in the classrooms, and is subject to the approval of the authority having jurisdiction." 15. Delete item (3) from paragraph 14.3.5.2 and replace with new item (3) (3) relocatable buildings complying with all of the following: (a) Building contains a maximum of 2 classrooms. (b) Each classroom has 2 independent doors remotely located in accordance with 7.5.1.3 of this code leading directly to the outside of the building. (c) Building is located not less than 30 feet (9.1 m) from another building or other relocatable building. (d) Building has a fire alarm system connected to the main school building fire alarm. 16. Add a new subparagraph 14.3.5.6 to read as follows: 14.3.5.6 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in educational occupancies, including mobile/portable classrooms, in accordance with 9.9. 14.3.5.6.1 In lieu of locating portable fire extinguishers in corridors and normal paths of travel as specified in NFPA Standard 10, Standard for Portable Fire Extinguishers , portable fire extinguishers may be located in rooms that open directly onto such corridors and paths of travel, provided, all of the following are met: (a) The rooms in which such portable fire extinguishers are placed are located in close proximity to that portion of the corridor where a portable fire extinguisher would normally be placed in accordance with NFPA Standard 10. (b) A sign which states, in white letters at least one inch in height on a red background, " PORTABLE FIRE EXTINGUISHER LOCATED IN THIS ROOM ," is placed on the corridor wall immediately adjacent to the entrance(s) of each such room so that it can be clearly seen at all times." (c) The rooms in which such portable fire extinguishers are placed shall be constantly supervised during school hours. (d) These rooms cannot be subject to being locked at any time the building is occupied." 17. Add a new item 6 to subsection 14.3.6 to read as follows: 6. "Door closing devices are not required on doors in corridor wall openings other than those serving exits or required enclosures of hazardous areas." 18. Add a new paragraph 14.4.3.6 to read as follows: 14.4.3.6 " Corridor walls in flexible plan buildings shall comply with subsection 14.3.6 as modified. 19. Add a new paragraph 14.5.2.3 to read as follows: 14.5.2.3 " Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of educational buildings, unless such use is permitted by 603.4 of the IFC , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 20. Delete subsection 14.7.1 in its entirety and substitute in its place the following: 14.7.1 "Emergency Planning and Preparedness. Educational occupancies (Group E - Educational) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency situation. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with the applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (m) Modifications to Chapter 15: 1. Add a new subparagraph 15.1.1.1.1 to read as follows: 15.1.1.1.1 " Existing Mobile/Portable Classroom Structures. (a) Existing mobile/portable classroom structures, which have been installed prior to the effective date of this Code , and which were deemed to be in compliance with provisions in effect at the time of their installation, shall be permitted to remain in use, if deemed to have been maintained as approved, and meet specific provisions of this chapter applicable to existing mobile/portable classroom structures. (b) When an existing mobile/portable classroom structure is removed from a school system, the certificate of occupancy for that structure becomes void, provided, however, the structure shall retain the status of an existing structure if continued in service as a classroom structure in another school system. This shall also apply to leased or rented mobile/portable classroom structures. A new certificate of occupancy shall be required for the relocated structure, and shall be issued provided the structure meets the provisions of this Code that are applicable to existing mobile/portable classrooms." (c) For the purposes of this code the term mobile/portable classroom shall also include relocatable buildings. 2. Add a new paragraph 15.1.1.6 to read as follows: 15.1.1.6 "Existing mobile/portable classrooms shall comply with the various provisions of this Code applying to classrooms in existing educational occupancies, unless otherwise specified in this chapter." 3. Add a new paragraph 15.1.1.7 to read as follows: 15.1.1.7 "When relocated, a mobile/portable classroom structure shall not be placed within 30 feet (9.1 m) of any building or structure or within 30 feet (9.1 m) of another mobile/portable classroom structure. Such mobile/portable classroom structures shall not be connected to any building or other mobile classroom structure by a canopy of combustible construction. An existing canopy of combustible components may be continued in use provided no combustible components are within 25 feet (7.6 m) of any building or structure or within 30 feet (9.1 m) of another mobile/portable classroom structure. The distance between a mobile/portable classroom unit and an exposed building or structure, that is totally protected by an approved automatic sprinkler system, may be reduced to 10 feet (3.05 m), provided, the exposed exterior wall is of noncombustible construction, and there are no windows or doors of the exposed wall of the building within 30 feet (9.1 m) of the mobile/portable classroom unit. The distance may be reduced to 0 feet if the exposed wall is of noncombustible construction having a certified fire resistance rating of at least 2-hours and without openings within 30 feet (9.1 m) of exposing mobile/portable classroom unit." 4. Add a new paragraph 15.2.1.5 to read as follows: 15.2.1.5 "The provisions of 15.2.1.2 and 15.3.2.3 shall not apply to facilities that meet the requirements of 16.1.6." 5. Add a new subparagraph 15.2.2.2.2.1 to read as follows: 15.2.2.2.2.1 "Doors serving as exits from existing mobile/portable classrooms shall not be less than 32 inches (0.91 m) in clear width, unless originally approved for a clear width of not less than 28 inches. Such exit doors shall open onto landings 4 feet by 4 feet (1.2 m by 1.2 m) and have stairs and or ramps, as needed, complying with applicable provisions of this Code . Landings, stairs, ramps, guardrails, and handrails installed and approved prior to the effective date of this Code , if maintained in a state of good repair, may be continued in use. When a mobile/portable classroom structure is moved to another site at the same school or another school, landings, stairs, ramps, guardrails, and graspable handrails shall comply with the applicable requirements of this Code for new construction." 6. Delete paragraph 15.2.2.2.4 and replace with a new paragraph 15.2.2.2.4 15.2.2.2.4 Locking of Classroom Doors and Other Instructional Spaces. 15.2.2.2.4.1 Classroom doors and doors to other instructional spaces shall be permitted to be locked provided that the locking means is approved, and all of the following conditions are met: (1) The locking means shall be capable of being engaged from the egress side of the door without opening the door. (2) The unlocking and unlatching from the egress side of the door shall be accomplished without the use of a key, tool, or special knowledge or effort. (3) Two non-simultaneous releasing motions shall be permitted where approved by the authority having jurisdiction. The Chief Fire Official of the local responding Fire Department must approve the locking device. (4) The releasing mechanism for unlocking and unlatching shall be located at a height not less than 34 in. (865 mm) and not exceeding 48 in. (1220 mm) above the finished floor. (5) Locks, if remotely engaged, shall be unlockable from the egress side of the door without the use of a key, tool, or special knowledge or effort. (6) The door shall be capable of being unlocked and opened from outside the room with the necessary key or other credential. (7) The locking means shall not modify the door closer, panic hardware, or fire exit hardware or impair their operation. (8) Modifications to fire door assemblies, including door hardware, shall be in accordance with NFPA 80. (9) The emergency action plan, required by 15.7.1, shall address the use of the locking and unlocking means from both sides of the door. (10) Staff shall be drilled in the engagement and release of the locking means, from both sides of the door, as part of the emergency egress drills required by 15.7.2. A.15.2.2.2.4.1(3) The installation of new hardware that necessitates two non-simultaneous releasing motions on existing doors in existing educational occupancies in accordance with 15.2.2.2.4.1(3) is permitted where such installation is necessary for compliance with the door locking criteria in 15.2.2.2.4.1. In accordance with 43.1.4.5, rehabilitation work performed for compliance with the Code's existing occupancy requirements is exempt from Chapter 43 and the installation of such new equipment is not subject to Section 43.5, which would require compliance with the new occupancy provisions. Where a new door is installed in an existing educational occupancy, the requirements of 14.2.2.2.4 apply. 15.2.2.2.4.2 Where existing classroom doors and doors to instructional spaces are replaced, they shall comply with the provisions of 14.2.2.2.4. 7. Add a new item (4) to paragraph 15.2.11.1 to read as follows: (4) "Windows may open onto a court or an enclosed court provided all of the following criteria are met: (a) The court shall be of sufficient width such that persons exiting through the courtyard will be at a minimum dimension not less than 10 feet (3 m) from any portion of the building that could present an exposure condition to a fire. (b) The court has exits directly to the exterior of the building through an exit passageway that is separated out from all other parts of the building by 2-hour fire-rated construction. No space other than exit corridors protected by 'B' labeled 11/2-hour fire doors, whether normally occupied or not, shall open onto this required exit passageway. (c) The exit capacity for the exit passageway shall be of sufficient width for the corridors connected to it as well as the enclosed court calculated at 15 square feet (1.4 sq. m) per person or minimum number of students subject to exiting into the court, whichever is the greater of the two. (d) The travel distance from any point in a connecting classroom to the exterior of the building through the exit passageway shall not exceed 150 feet (45.7 m). (e) The court is provided with emergency lighting to direct occupants to the exit(s) in accordance with Section 5.9. (f) The exit(s) from the court is/are clearly marked in accordance with Section 7.10." 8. Add a new paragraph 15.2.11.3 to read as follows: 15.2.11.3 "School Hallway Interior Emergency Lockdown Defense (SHIELD). The installation of a School Hallway Interior Emergency Lockdown Defense (SHIELD) shall be permitted in educational occupancies provided all of the following criteria are met: (1) Activation shall be by means of depressing a panic button or pull station marked for emergency SHIELD available to school administration at a central location. Additional activation may be by telephone code. (2) System activation shall automatically contact law enforcement authorities upon activation. (3) Cross corridor doors may be provided with magnetic hold open devices to release upon activation of the system. (4) Upon activation of the system, cross corridor doors shall be permitted to be kept in the closed position with magnetic locks. (5) System hardware shall be provided with emergency power or battery back-up in event of loss of power. (6) Smoke detectors shall be provided within 15 feet of cross corridor doors on the classroom egress side for each corridor zone and be identified distinctly from other required detectors. Such detectors upon activation by smoke shall release door mag locks for the locked zone to freely open. Detectors are not required to be interconnected into the building's fire alarm system. (7) Card readers with keypad shall be installed on the ingress side of the doors requiring a PIN code and card swipe to deactivate for the activated corridor zone. (8) Keypad shall be installed on the egress side of the doors only requiring a PIN code for deactivation of the door mag locks for the activated corridor zone. (9) A blue light strobe and siren, distinct from that of the fire alarm may be provided to deter intruders. (10) Staff shall be adequately trained on the intent and operation of the system with the conduction of mock drills. 15.2.11.3.1 (SHIELD) Activation. The SHIELD system shall only be activated in the following situations: (1) The event of intrusion or active shooter upon school premises. (2) For the purposes of testing the system. (3) For the purposes of conducting drills related to the intrusion or active shooter upon school premises." 9. Delete subparagraph 15.3.2.1(1)(a) in its entirety and substitute in its place the following: (a) "Boiler and furnace rooms, unless such rooms enclose air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 10. Delete the term "Laundries" from subparagraph 15.3.2.1(2)(a) and substitute in its place the following: (a) "Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)." 11. Add a new paragraph 15.3.2.2.1 to read as follows: 15.3.2.2.1 "Food preparation areas located in home economic labs may be protected by listed self-contained residential fire suppression systems located in a residential hood over each cooking surface, with the exhaust hood vented directly to the outside. Required use of automatic disconnects of fuel source or power source is subject to the approval of the authority having jurisdiction. Food preparation areas located in home economic labs need not be protected where in a fully sprinklered building or where protection is provided in accordance with 9.7.1.2. The exhaust hood is still required to be vented to the outside if installed after July 28, 1998." 12. Add items (3) and (4) to paragraph 15.3.4.2.1 to read as follows: (3) "Where each classroom in a mobile/portable classroom structure is provided with a two-way communication system that will permit initiation of the communication from the classroom as well as from a constantly attended location in the main administrative office of the school from which a general alarm can be sounded, if needed, and the fire department can be summoned. A telephone mounted in each classroom and equipped with speed dialing, or a similar function, to provide contact with the constantly attended location noted above, shall be acceptable as a two- way communication system for purposes of this provision. The procedure for using the system for emergency alerting shall be clearly posted near the system actuation device in each classroom and at the constantly attended location. (4) Fire alarm alerting provisions for existing mobile/portable classroom structures approved prior to the effective date of this Code , and which are in a state of operational readiness. At the minimum, such provisions shall provide alerting of a fire condition in each mobile/portable classroom structure. Where alerting is by an alarm bell or horn, the sound/signal shall be distinctive from other bells or horns." 13. Add a new subparagraph 15.3.4.2.3.3 to read as follows: 15.3.4.2.3.3 "In lieu of locating manual fire alarm boxes in educational occupancies in corridors and normal paths of travel, the fire alarm boxes may be located in rooms which open directly onto such corridors and normal paths of travel provided all of the following are met: (1) The rooms in which such manual fire alarm boxes are placed are constantly supervised all school hours. (2) The rooms in which such manual fire alarm boxes are placed are located in close proximity to the to that portion of the corridors and normal paths of travel where a manual fire alarm box would be placed in accordance with 9.6.2.5. (3) A sign is placed on the corridor wall immediately adjacent to the entry door(s) of such room so that it can be readily seen at all times. The sign shall state "MANUAL FIRE ALARM BOX LOCATED IN THIS ROOM". The sign shall have a red background and the letters shall be white and be at least one inch in height." 14. Add a new paragraph 15.3.5.6 to read as follows: 15.3.5.6 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in educational occupancies, including mobile/portable classrooms, in accordance with 9.9. 15.3.5.6.1 In lieu of locating portable fire extinguishers in corridors and normal paths of travel as specified in NFPA 10, Standard for Portable Fire Extinguishers , portable fire extinguishers may be located in rooms that open directly onto such corridors and normal paths of travel provided all of the following are met: (a) The room in which such portable fire extinguishers are placed are located in close proximity to that portion of the corridor where a fire extinguisher would otherwise be placed in accordance with NFPA 10; Standard for Portable Fire Extinguishers , (b) A sign which states in white letters at least one inch in height on a red background, 'PORTABLE FIRE EXTINGUISHER LOCATED IN THIS ROOM, ' is placed on the corridor wall immediately adjacent to the entrance way of each such room so that it can be clearly seen at all times; (c) The rooms in which such portable fire extinguishers are placed shall be constantly supervised during school hours; and, (d) Those rooms cannot be subject to being locked at any time the building is occupied." 15. Add a new item (6) to subsection 15.3.6 to read as follows: (6) "Door closing devices are not required on doors in corridor wall openings other than those serving exits or required enclosures of hazardous areas." 16. Add new paragraph 15.5.2.3 to read as follows: 15.5.2.3 "Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of educational buildings. 15.5.2.3.1 As permitted by 603.4 of the IFC , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 17. Delete subsection 15.7.1 in its entirety and substitute in its place the following: 15.7.1 " Emergency Planning and Preparedness. Educational occupancies (Group E - Educational) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (n) Modification to Chapter 16: 1. Add a new 16.1.1.2.1 to read as follows: 16.1.1.2.1 "Pursuant to O.C.G.A. 25-2-13(b)(1)(I) the term Group Day-Care Home applies to day- care facilities where at least seven (7) but not more than twelve (12) children receive care. Further, the term Day Care Center applies where more than twelve (12) children receive care. Where such facilities are required to be licensed or commissioned as set forth by O.C.G.A. 25-2-13(b)(1)(I) , the facilities are also required to comply with the Rules and Regulations of the Safety Fire Commissioner and to obtain a Certificate of Occupancy pursuant to O.C.G.A. 25-2-14(c) ." 2. Add a new subparagraph 16.1.3.1.1 to paragraph 16.1.3.1 to read as follows: 16.1.3.1.1 "The provisions of 6.1.14 shall not apply to one- and two-family dwellings." 3. Delete paragraph 16.1.6.1 and its corresponding table in its entirety and substitute in its place the following: 16.1.6.1 "The location of day-care occupancies and clients of such shall be limited as shown in Table 16.1.6.1. 16.1.6.1.1 Day-Care occupancies with exits directly to the outside from each room normally occupied by clients may be of any construction type without being protected throughout by an automatic sprinkler system. Table 17.1.6.1 Day-Care Occupancy Location Type of Construction Age Group Number of Stories (Stories are counted starting at the floor of exit) 1 2 3 4+ I(443), I(332) and II(222) 0 through 4 YES YES YES YES+ 5 and older YES YES YES YES+ II(111), III(211) and V(111) 0 through 4 YES YES+ NO NO 5 and older YES YES YES+ NO IV(2HH) 0 through 4 YES YES+ NO NO 5 and older YES YES+ NO NO II(000) 0 through 4 YES YES+ NO NO 5 and older YES YES+ NO NO III(200) and V(000) 0 through 4 YES+ YES+ NO NO 5 and YES YES+ NO NO The types of construction in the Table are from NFPA 220, Standard on Types of Building Construction . Refer to 8.2.1.2 and 8.2.1.2.1 of this Code and the conversion chart for cross-referencing to the construction types established by the International Building Code . YES: Day-care occupancy location permitted in type of construction. YES+: Day-care occupancy location permitted in type of construction if entire building is protected throughout by an approved automatic sprinkler system. NO: Day-care occupancy location not permitted in type of construction." 4. Add a new paragraph 16.1.6.3 to read as follows: 16.1.6.3 " Day-Care Facilities Located Below the LED. The story below the level of exit discharge shall be permitted to be used in buildings of any construction type, other than Type II(000), Type III(200) and Type V(000) provided, the building is protected throughout by an approved automatic sprinkler system." 5. Add a new subparagraph 16.1.6.3.1 to read as follows: 16.1.6.3.1 "Where the story below the level of exit discharge is occupied as a day-care center, both of the following shall apply: (1) One means of egress shall be an outside or interior stair in accordance with 7.2.2. An interior stair, if used, shall only serve the story below the level of exit discharge. The interior stair shall be permitted to communicate with the level of exit discharge; however, the required exit route from the level of exit discharge shall not pass through the stair enclosure. (2) The second means of egress shall be permitted to be via an unenclosed stairway separated from the level of exit discharge in accordance with 8.6.5. The path of egress travel on the level of exit discharge shall be protected in accordance with 7.1.3.1." 6. Delete subsection 16.2.9 in its entirety and substitute in its place the following: 16.2.9 " Emergency Lighting. Emergency lighting shall be provided in accordance with Section 7.9 in the following areas: 1. In all interior stairs and corridors. 2. In all normally occupied spaces 3. Emergency lighting is not required in the following locations: (1) Administrative areas other than receptionist areas. (2) Mechanical rooms, storage areas, and rooms or areas not normally occupied by students." 7. Delete item (a) to paragraph 16.3.2.1(1) (a) in its entirety and substitute in its place the following: (a) "Rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 8. Add an item (4) to paragraph 16.3.2.1 to read as follows: (4) "In areas where documentation is provided indicating an unreliable water source, the authority having jurisdiction may accept separation of these areas from the remainder of the building by fire barriers having not less than a 2-hour fire-resistance rating." 9. Delete the term "Laundries" from subparagraph 16.3.2.1 (2) a. and substitute in its place the following: a. "Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)." 10. Delete paragraph 16.3.2.3 in its entirety and substitute in its place the following: 16.3.2.3 "Food preparation facilities protected in accordance with 9.2.3 are not required to have openings protected between food preparation areas and dining areas. Where domestic cooking equipment is used for food warming or limited cooking, a listed self-contained residential fire suppression system may be installed in a residential hood to cover the area of the cooking surface, with the exhaust hood vented directly to the outside. The fire suppression system shall automatically disconnect electric power to electric stoves or automatically shut off the gas supply to gas stoves. Such system shall be interconnected to the building fire alarm system where one is provided. 16.3.2.3.1 Subject to the approval of the authority having jurisdiction approval, where domestic cooking equipment is used for food warming or limited cooking, the requirements for a residential fire suppression system may be waived if the room is protected by approved automatic sprinkler protection. The provisions of 9.7.1.2 may be permitted. The exhaust hood is still required to be vented to the outside." 11. Delete subsection 16.3.5 in its entirety and substitute in its place the following: 16.3.5 " Extinguishment Requirements. Buildings containing day-care occupancies shall be sprinkler protected throughout for construction types as specified in Table 16.1.6.1 entitled "Day-Care Occupancy Location Limitations" and paragraph 16.1.6.3. Any required sprinkler system based upon Table 16.1.6.1 and paragraph 16.1.6.3 shall be in accordance with 9.7." 12. Add a new paragraph 16.3.5.1 to read as follows: 16.3.5.1 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare occupancies in accordance with 9.9." 13. Add new paragraph 16.5.2.4 to read as follows: 16.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of day-care facilities. 16.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction." 14. Delete paragraph 16.6.1.6 in its entirety and substitute in its place the following: 16.6.1.6 " Minimum Construction Requirements. The minimum construction requirements for new day-care homes shall be limited to the types of building construction permitted by the IBC as specified in 8.2.1. Clients of a group day-care home in a multi-story building shall be restricted to the level of exit discharge, unless the provisions of 16.1.6 are met." 15. Add a new paragraph 16.6.3.6 to read as follows: 16.6.3.6 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare home occupancies in accordance with 9.9." 16. Delete subsections 16.7.1 and 16.7.2 in their entirety and substitute in their place the following: 16.7.1 " Emergency Planning and Preparedness. Day-care occupancies (Group E and I-4) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (o) Modifications to Chapter 17: 1. Delete paragraph 17.1.1.4 in its entirety and substitute in its place the following: 17.1.1.4 "Pursuant to O.C.G.A. 25-2-13(b)(1)(I) the term Group Day-Care Home applies to daycare facilities where at least seven (7) but not more than twelve (12) children receive care. Further, the term Day Care Center applies where more than twelve (12) children receive care. Where such facilities are required to be licensed or commissioned as set forth by O.C.G.A. 25-2-13(b)(1)(I) , the facilities are also required to comply with the Rules and Regulations of the Safety Fire Commissioner and to obtain a Certificate of Occupancy pursuant to O.C.G.A. 25-2-14(c) ." 2. Delete paragraph 17.1.1.5 in its entirety and substitute in its place the following: 17.1.1.5 "This section establishes life safety requirements for existing day-care occupancies, adult day- care facilities, and head start facilities in which more than 12 clients receive care, maintenance, and supervision by other than their relative(s) or legal guardian(s) for less than 24 hours per day. An existing day-care occupancy shall be allowed the option of meeting the requirements of Chapter 16 in lieu of Chapter 17. Any day-care occupancy that meets the requirements of Chapter 16 shall be judged to meet the requirements of Chapter 17." 3. Add a new subparagraph 17.1.3.1.1 to read as follows: 17.1.3.1.1 " The provisions of 6.1.14 shall not apply to one- and two-family dwellings." 4. Add a new subparagraph 17.1.4.1.1 to read as follows: 17.1.4.1.1 "Existing day-care centers that include part-day preschools, head-start programs, kindergartens, and other schools whose purpose involves education primarily for a group of children may continue to meet the requirements of this section or may be allowed the option of meeting the requirements of Chapter 15." 5. Delete subsection 17.1.6.1 and its corresponding table in its entirety and substitute in its place the following: 17.1.6.1 " Location and Minimum Construction Requirements. The location of day-care occupancies and clients of such shall be limited as shown in Table 17.1.6.1 17.1.6.1.2 Day-Care occupancies with exits directly to the outside from each room normally occupied by clients may be of any construction type without being protected throughout by an automatic sprinkler system. 17.1.6.1.3 "Centers located on the level of exit discharge in buildings of any construction type without a complete approved automatic sprinkler system, may be continued in use as a child day-care center housing children ages zero through four, or non-ambulatory children, as long as at least one exit door is provided directly to the outside of the building at ground level from every room or space normally occupied by children, except restrooms. For centers existing prior to April 12, 1985, where direct access to the outside of the building is not possible from interior rooms, and such interior rooms are normally subject to occupancy by children, the interior room may continue to be used provided there are two remote exits from the rooms that provide access to two separate and distinct exits to the outside." Table 17.1.6.1 Day-Care Occupancy Location Table 17.1.6.1 Day-Care Occupancy Location Type of Construction Age Group Number of Stories (Stories are counted starting at the floor of exit) 1 2 3 4+ I(443), I(332) and II (222) 0 through 4 YES YES YES YES 5 and older YES YES YES YES II(111), III(211) and V(111) 0 through 4 YES YES+ NO NO 5 and older YES YES YES+ NO IV(2HH) 0 through 4 YES YES+ NO NO 5 and older YES YES+ NO NO II(000) 0 through 4 YES YES+ NO NO 5 and older YES YES+ NO NO III(200) and V(000) 0 through 4 YES+ YES+ NO NO 5 and older YES YES+ NO NO The types of construction in the Table are from NFPA 220, Standard on Types of Building Construction . Refer to 8.2.1.2 and 8.2.1.2.1 of this Code and the conversion chart for cross-referencing to the construction types established by the International Building Code . YES: Day-care occupancy location permitted in type of construction. YES+: Day-care occupancy location permitted in type of construction if entire building is protected throughout by an approved automatic sprinkler system. NO: Day-care occupancy is not permitted in this construction type." 6. Delete paragraph 17.2.2.2.6 in its entirety and replace with a new 17.2.2.2.6 17.2.2.2.6 Locking of Classroom Doors and Doors to Other Client Care Spaces. 17.2.2.2.6.1 Classroom doors and doors to other client care spaces shall be permitted to be locked provided that the locking means is approved, and all of the following conditions are met: (1) The locking means shall be capable of being engaged from the egress side of the door without opening the door. (2) The unlocking and unlatching from the egress side of the door shall be accomplished without the use of a key, tool, or special knowledge or effort. (3) Two non-simultaneous releasing motions shall be permitted where approved by the authority having jurisdiction. The Chief Fire Official of the local responding Fire Department must approve the locking device. (4) The releasing mechanism for unlocking and unlatching shall be located at a height not less than 34 in. (865 mm) and not exceeding 48 in. (1220 mm) above the finished floor. (5) Locks, if remotely engaged, shall be unlockable from the egress side of the door without the use of a key, tool, or special knowledge or effort. (6) The door shall be capable of being unlocked and opened from outside the room with the necessary key or other credential. (7) The locking means shall not modify the door closer, panic hardware, or fire exit hardware or impair their operation. (8) Modifications to fire door assemblies, including door hardware, shall be in accordance with NFPA 80. (9) The emergency action plan, required by 17.7.1, shall address the use of the locking and unlocking means from both sides of the door. (10) Staff shall be drilled in the engagement and release of the locking means, from both sides of the door, as part of the emergency egress drills required by 17.7.2. A.17.2.2.2.6.1(3) The installation of new hardware that necessitates two non-simultaneous releasing motions on existing doors in existing day care occupancies in accordance with 17.2.2.2.6.1(3) is permitted where such installation is necessary for compliance with the door locking criteria in 17.2.2.2.6.1. In accordance with 43.1.4.5, rehabilitation work performed for compliance with the Code's existing occupancy requirements is exempt from Chapter 43 and the installation of such new equipment is not subject to Section 43.5, which would require compliance with the new occupancy provisions. Where a new door is installed in an existing day care occupancy, the requirements of 16.2.2.2.6 apply. 17.2.2.2.6.2 Where existing classroom doors and doors to client care spaces are replaced, they shall comply with the provisions of 16.2.2.2.6. 7. Delete subsection 17.2.9 in its entirety and substitute in its place the following: 17.2.9 " Emergency Lighting. Emergency lighting shall be provided in accordance with Section 7.9 in the following areas: 1. In all interior stairs and corridors. 2. In all normally occupied spaces. 17.2.9.1 Emergency lighting is not required in the following areas: (1) Administrative areas other than receptionist areas. (2) Mechanical rooms, storage areas, and rooms not normally occupied by students." 8. Add a new subparagraph 17.3.2.1(1)(a)(1) to read as follows: 17.3.2.1(1)(a)(1) "Rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input are not required to comply with 17.3.2.1(1) provided, such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 9. Delete paragraph 17.3.2.3 in its entirety and substitute in its place the following: 17.3.2.3 "Food preparation facilities protected in accordance with 9.2.3 are not required to have openings protected between food preparation areas and dining areas. Where domestic cooking equipment is used for food warming or limited cooking, a listed self-contained residential fire suppression system may be installed in a residential hood to cover the cooking surface, with the exhaust hood vented directly to the outside. Required use of automatic disconnects of the fuel source or power source is subject to the authority having jurisdiction. Upon receipt of a sworn affidavit, no protection is required for existing domestic cooking equipment used for limited cooking or warming of foods. 17.3.2.3.1 Subject to the approval of the authority having jurisdiction, where domestic cooking equipment is used for food warming or limited cooking, the requirements for a residential fire suppression system may be waived if the room is protected by approved automatic sprinkler protection. The provisions of 9.7.1.2 may be permitted. The exhaust hood is still required to be vented to the outside." 10. Delete the term "Laundries" from subparagraph 17.3.2.1 (2)(a) and substitute in its place the following: (a) "Laundry areas utilizing commercial equipment, or multiple residential appliances, or having a floor area exceeding 100 square feet (9.3 m)." 11. Add a new paragraph 17.3.5.3.1 to read as follows: 17.3.5.3.1 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all day- care occupancies in accordance with 9.9." 12. Delete subsection 17.4.1 in its entirety and substitute in its place the following: 17.4.1 " Windowless or Underground Buildings. Windowless or underground buildings or structures shall comply with the applicable provisions of Section 11.7. All such buildings and structures housing a day-care occupancy shall be protected throughout by an approved automatic sprinkler system. 17.4.1.1 "Buildings or structures existing prior to January 28, 1993, and housing day-care occupancies with an occupant load not greater than 100 may remain in use without being protected throughout by an automatic sprinkler system." 13. Add a subparagraph 17.5.1.2.1 to read as follows: 17.5.1.2.1 "In existing day-care occupancies, in lieu of special protective covers, receptacles may be placed at a minimum of six feet above the finished floor." 14. Add a new paragraph 17.5.2.4 to read as follows: 17.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of day-care facilities. 17.5.2.4.1 "In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 15. Delete subparagraph 17.6.1.4.1.2 in its entirety and substitute in its place the following: 17.6.1.4.1.2 "This section establishes life safety requirements for group day-care homes, adult daycare homes and head start facilities in which at least seven but not more than 12 clients receive care, maintenance, and supervision by other than their relative(s) or legal guardian(s) for less than 24 hours per day (generally within a dwelling unit). An existing day-care home shall be allowed the option of meeting the requirements of Section 16.6 in lieu of Section 17.2. Any day-care home that meets the requirements of Chapter 16 shall be judged to meet the requirements of Chapter 17." 16. Add an exception to subsection 17.6.1.4.1 to read as follows: 17.6.1.4.1 "Existing day-care homes that include part-day preschools, head-start programs, kindergartens, and other schools whose purpose involves education primarily for a group of children may continue to meet the requirements of this section or may be allowed the option of meeting the requirements of Chapter 15." 17. Delete paragraph 17.6.1.6 in its entirety and substitute in its place the following: 17.6.1.6 "Clients of a group day-care home in a multi-story building shall be restricted to the level of exit discharge, unless the provisions of 17.1.6.1 are met." 18. Add a new paragraph 17.6.3.6 to read as follows: 17.6.3.6 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare home occupancies in accordance with 9.9." 19. Add a new subsection 17.6.3.7 to read as follows: 17.6.3.7 "In existing day-care homes in lieu of special protective covers, receptacles may be placed at a minimum of 6 feet (1.8 m) above the finished floor." 20. Delete subsections 17.7.1 and 17.7.2 in their entirety and substitute in their place the following: 17.7.1 " Emergency Planning and Preparedness. Day-care occupancies (Group E and I-4) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (p) Modifications to Chapter 18: 1. Delete subsection 18.1.1.1.8 in its entirety and in its place substitute the following: 18.1.1.1.8 "Buildings, or sections of buildings, that house older persons and that provide activities that foster continued independence but that do not include services distinctive to health care occupancies (see 18.1.4.2), as defined in 3.3.196.7, shall be permitted to comply with the requirements of other chapters of this Code , such as Chapters 30, 32 or 34 based upon appropriate licensing if required." 2. Add a new subparagraph 18.1.1.4.3.4.1 to read as follows: 18.1.1.4.3.4.1 "Minor renovations, alterations, modernizations or repairs as used in 18.1.1.4.3.4 shall mean that construction is less than 40% of the floor area within a smoke compartment." 3. Add the following to the list of hazardous areas in Subparagraph 18.3.2.1.2 to read as follows: (8) "Soiled utility rooms also used for combustible storage - 1 hour." 4. Add a new subparagraph 18.3.2.5.2.1 to read as follows: 18.3.2.5.2.1 "Where a residential stove (a maximum of four surface burners or cooking elements), is used for food warming, limited cooking, or rehabilitation training, a residential style hood system ducted to the outside shall be installed to cover each cooking surface. Other protection or segregation shall not be required unless subsequent inspections reveal conditions have changed and a higher level of risk to life is deemed to exist by the authority having jurisdiction." 5. Delete subsections 18.7.1 and 18.7.2 in their entirety and substitute in their place the following: 18.7.1 " Emergency Planning and Preparedness. Health care occupancies (Group I-2) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code (IFC) , and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 18.7.4 in its entirety and in its place substitute the following: 18.7.4 " Smoking. Smoking regulations shall be adopted and shall include, at the least, the applicable provisions of Section 310 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (q) Modifications to Chapter 19: 1. Delete subsection 19.1.1.1.8 in its entirety and in its place substitute the following: 19.1.1.1.8 "Buildings, or sections of buildings, that house older persons and that provide activities that foster continued independence but do not include services distinctive to health care occupancies (see 19.1.4.2), as defined in 3.3.196.7, shall be permitted to comply with the requirements of other chapters of this Code , such as Chapters 31, 33 or 35 based upon appropriate licensing if required." 2. Add the following to the list of hazardous areas in subparagraph 19.3.2.1.5 to read as follows: (9) "Soiled utility rooms used for combustible storage." 3. Add subparagraphs 19.3.2.5.2.1 to read as follows: 19.3.2.5.2.1 "Where residential stove cooking is used for food warming, limited cooking, or rehabilitation training, a residential style hood system ducted to the outside and equipped with a listed self- contained residential fire suppression system shall be installed to cover each cooking surface. Required use of automatic disconnects of fuel source or power source is subject to the approval of the authority having jurisdiction. 19.3.2.5.2.1.1 Other installations acceptable to the authority having jurisdiction shall be acceptable." 4. Add a new subparagraph 19.3.4.3.1.1 to read as follows: 19.3.4.3.1.1 "A Zoned, coded systems shall be permitted." 5. Delete subsections 19.7.1 and 19.7.2 in their entirety and substitute in their place the following: 19.7.1 " Emergency Planning and Preparedness. Health care occupancies (Group I-2) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 19.7.4 in its entirety and in its place substitute the following: 19.7.4 " Smoking. Smoking regulations shall be adopted and shall include, at the least, the applicable provisions of Section 310 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (r) Modification to Chapter 20: 1. Delete subsections 20.7.1 and 20.7.2 in their entirety and substitute in their place the following: 20.7.1 " Emergency Planning and Preparedness. Ambulatory health care facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions for health care occupancies (Group I-2) of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (s) Modification to Chapter 21: 1. Delete subsections 21.7.1 and 21.7.2 in their entirety and substitute in their place the following: 21.7.1 " Emergency Planning and Preparedness. Ambulatory health care facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions for health care occupancies (Group I-2) of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (t) Modifications to Chapter 22: 1. Delete paragraph 22.2.11.1.2 in its entirety and substitute in its place the following: 22.2.11.1.2 "Doors shall be permitted to be locked with approved detention locking mechanisms only in accordance with the applicable use condition. Padlocks are not permitted on housing unit doors or any other door located in the interior means of egress. 22.2.11.1.2.1 Padlocks are permitted on gates and doors located on exterior fencing, and in exterior walls, which are not part of the building, from areas of refuge located outside the building." 2. Delete the words 'fuel fired' from Table 22.3.2.1. 3. Add a note to Table 22.3.2.1 to read as follows: "[Note: Areas incidental to resident housing will mean any areas that exceed 10% of the resident housing area. This includes sleeping areas, dayrooms, group activity space, or other common spaces for customary access of residents.]" 4. Delete paragraph 22.3.7.5 in its entirety and substitute in its place the following: 22.3.7.5 "Any required smoke barrier shall be constructed in accordance with Section 8.5 Smoke Barriers. Such barriers shall be of substantial construction and shall have structural fire resistance. Smoke barriers may have windows with wire glass in steel frames or tested window assemblies." 5. Delete subsection 22.7.1 in its entirety and substitute in its place the following: 22.7.1 " Emergency Planning and Preparedness. Detention and correctional facilities (Group I-3 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 22.7.2 in its entirety and substitute in its place the following: 22.7.2 "Policies and procedures shall be established by facility administrators to control and limit the amount of personal property in sleeping rooms and require periodic checks for the collection and storage of such items on a monthly basis. Records of periodic checks shall be kept and made available to the authority having jurisdiction upon request. 22.7.2.1 Facilities which provide closable metal lockers or fire-resistant containers for the storage of books, clothing, and other combustible personal property allowed in sleeping rooms." (u) Modifications to Chapter 23: 1. Delete paragraph 23.2.11.1.2 in its entirety and substitute in its place the following: 23.2.11.1.2 "Doors shall be permitted to be locked with approved detention locking mechanisms only in accordance with the applicable use condition. Padlocks are not permitted on housing unit doors or any other door located in the means of egress. 23.2.11.1.2.1 Padlocks are permitted on gates and doors located on exterior fencing and walls from areas of refuge located outside the building." 2. Delete the words 'fuel fired' from Table 23.3.2.1. 3. Add a note to Table 23.3.2.1 to read as follows: "[Note: Areas incidental to resident housing will mean any areas that exceed 10% of the resident housing area. This includes sleeping areas, dayrooms, group activity space, or other common spaces for customary access of residents.]" 4. Delete paragraph 23.3.7.5 in its entirety and substitute in its place the following: 23.3.7.5 "Required smoke barriers shall be constructed in accordance with Section 8.5 Smoke Barriers. Such barriers shall be of substantial construction and shall have structural fire resistance. Smoke barriers may have windows with wire glass in steel frames or tested window assemblies." 5. Delete subsection 23.7.1 in its entirety and substitute in its place the following: 23.7.1 " Emergency Planning and Preparedness. Detention and correctional facilities (Group I-3 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 23.7.2 in its entirety and substitute in its place the following: 23.7.2 "Policies and procedures shall be established by facility administrators to control and limit the amount of personal property in sleeping rooms and require periodic checks for the collection and storage of such items on a monthly basis. Records of periodic checks shall be kept and made available to the authority having jurisdiction upon request. 23.7.2.1 Facilities which provide closable metal lockers or fire-resistant containers for the storage of books, clothing, and other combustible personal property allowed in sleeping rooms." (v) Modification to Chapter 24: 1. Delete the Title of Chapter 24 and retitle it to read as follows: "Chapter 24 One- and Two-Family Dwellings/Community Living Arrangements" 2. Add a new subparagraph 24.1.1.1.1 to read as follows: 24.1.1.1.1 "In addition, this chapter establishes life safety requirements for facilities licensed by the State of Georgia as a 'Community Living Arrangement' for one to four individuals not related to the owner or administrator by blood or marriage whether the facility is operated for profit or not. Community Living Arrangements for five or more residents shall comply with the applicable requirements of Chapter 32." 3. Add a new paragraph 24.1.1.6 to read as follows: 24.1.1.6 "The use of a one- and two- family dwelling for the purposes of a Community Living Arrangement as licensed by the State, for one to four residents, shall constitute a change of occupancy sub-classification. The new sub-classification shall meet the requirements established in this Chapter for the One- and Two-Family Dwelling and the additional requirements specified under Section 24.4. 4. Add a new subparagraph 24.1.1.6.1 to read as follows: 24.1.1.6.1 The use of a one- and two- family dwelling for the purposes of a Community Living Arrangement as licensed by the State, for one to four residents shall not require automatic sprinkler protection. 5. Delete 24.2.2.1.2(2) in its entirety and substitute in its place the following: (2) "The dwelling unit is protected throughout by an approved automatic sprinkler system in accordance with 24.3.5. This sprinkler provision shall not apply to a community living arrangement." 6. Add a new subparagraph to 24.2.4.1.1 to read as follows: 24.2.4.1.1 "Doors in the path of travel of a means of escape in Community Living Arrangement facilities shall be not less than 32 in. (81 cm) wide." 7. Add a new subparagraph 24.3.4.1.3.1 to read as follows: 24.3.4.1.3.1 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall apply." 8. Delete Section 24.4 in its entirety and substitute in its place the following: 24.4 " Community Living Arrangements. 24.4.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 24.4 shall prevail. 24.4.2 Address identification. New and Existing Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code . 24.4.3 Means of Egress. 24.4.3.1 A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, and that are accessible to the residents. 24.4.3.2 Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 13/4 in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 sq. in (0.84 m2) each in area and installed in approved frames. 24.4.3.3 A room shall not be used as a bedroom where more than one-half the room height is below ground level. 24.4.3.4 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress. 24.4.3.5 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide. 24.4.3.6 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide. 24.4.3.7 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or be provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts. 24.4.3.8 Locks. 24.4.3.8.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited to be used on the bedroom door of a resident. 24.4.3.8.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 24.4.4 Detection and Alarm Systems 24.4.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72 shall be installed. 24.4.4.2 Smoke Detection. 24.4.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10 of this Code . Any additional detection/alarm devices shall be as established by O.C.G.A. § 25-2-40 . 24.4.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 24.4.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.22.5 of this Code . 24.4.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 24.4.4.3 Carbon Monoxide Detectors. 24.4.4.3.1 Carbon monoxide detectors shall be provided in the residence where natural gas, LP gas or heating oil is used to heat the residence. 24.4.4.3.2 Carbon monoxide detectors shall be provided in the residence if a solid fuel-burning fireplace or fixed heating device is installed the residence. 24.4.5 Protection. 24.4.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with Section 9.9 shall be provided near hazardous areas. 24.4.5.1.1 At least one 5 lb. 2A rated multipurpose ABC portable fire extinguisher shall be provided on each occupied floor, and, where applicable, in the basement. The extinguishers shall be installed so as to be readily accessible in accordance with NFPA 10. 24.4.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a State licensed fire extinguisher technician in accordance with NFPA 10. 24.4.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition. 24.4.6 Heating, Ventilation and Air Conditioning. 24.4.6.1 Portable space heaters shall not be used. The use of heating devices and equipment shall be regulated by the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 24.4.6.2 Fire screens and protective devices shall be used with fireplaces, stoves, and fixed heaters. 24.4.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 24.4.7 Operating Features. 24.4.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 24.4.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. Also, training of management and staff shall comply with Chapter 4 of the adopted International Fire Code . 24.4.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can meet a prompt evacuation capability as defined in 12-3-3-.03 of Chapter 120-3-3 Rules and Regulations of the Safety Fire Commissioner. Residents who cannot meet the prompt evacuation capability provision shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance at all times. 24.4.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift at alternating times. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented and include the names of staff involved. Also, refer to Chapter 4 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 24.4.7.4 Procedures. There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each residence. Also, refer to Chapter 4 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (w) Modification to Chapter 26: 1. Add a new subparagraph 26.3.4.5.3.1 to read as follows: 26.3.4.5.3.1 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply." 2. Add a new paragraph 26.3.6.4 to read as follows: 26.3.6.4 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all lodging or rooming house occupancies in accordance with 9.9 of this Code ." (x) Modification to Chapter 28: 1. Add a new subparagraph 28.2.5.5.1 to read as follows: 28.2.5.5.1 "The provisions of 28.2.5.5 apply to exterior exit access routes and interior corridors." 2. Add a new subparagraph 28.2.5.6.1 to read as follows: 28.2.5.6.1 "The provisions of 28.2.5.6 apply to exterior exit access routes and interior corridors." 3. Add a new subparagraph 28.3.2.2.1.1 to read as follows: 28.3.2.2.1.1 "The provisions of 28.3.2.2 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 4. Delete paragraph 28.3.4.5 in its entirety and substitute in its place the following: 28.3.4.5 "A corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) & 25-2-40 shall be provided in all interior corridors, halls and passageways. 28.3.4.5.1 The provisions of 28.3.4.5 are not required in hotels and motels protected throughout by an approved supervised automatic sprinkler system installed in accordance with 28.3.5. Dormitory facilities shall still be required to provide a corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) and 25-2-40 ." 5. Add a new subparagraph 28.3.4.6.1 to read as follows: 28.3.4.6.1 "A smoke alarm shall be mounted on the ceiling or wall at a point centrally located in the corridor, hall or area giving access to each group of rooms used for sleeping purposes. Such smoke alarm shall be listed and meet the installation requirements of NFPA 72, National Fire Alarm and Signaling Code , and be powered from the building's electrical system. In addition, 11/2-hour emergency power supply source is required for the back-up power of the smoke alarms." 6. Add a new subparagraph 28.3.4.6.2 to read as follows: 28.3.4.6.2 "Each living area within a guestroom or suite which is separated by doors or folding partitions shall be provided with an approved single station smoke alarm in accordance with 9.6.2.10 of this Code . The smoke alarm shall be powered from the building's electrical system." 7. Delete subsections 28.7.1, 28.7.2, 28.7.3, and 28.7.5 in their entirety and substitute in their place the following: 28.7.1 " Emergency Planning and Preparedness. Hotels and dormitories (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (y) Modification to Chapter 29: 1. Delete paragraph 29.2.5.3 in its entirety and substitute in its place the following: 29.2.5.3 "Exterior exit access or internal corridors shall be arranged so there are no dead ends in excess of 50 feet (15 m)." 2. Add a new subparagraph 29.3.4.5.3 to read as follows: 29.3.4.5.3 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply." 3. Add a new subparagraph 29.3.4.5.4 to read as follows: 29.3.4.5.4 "A corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) and 25-2-40 shall be provided in all interior corridors, halls and passageways. 29.3.4.5.4.1 The provisions of 29.3.4.5.1 do not apply in hotels and motels protected throughout by an approved supervised automatic sprinkler system installed in accordance with 28.3.5. 29.3.4.5.4.2 Dormitory facilities shall be required to provide a corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) and 25-2-40 ." 4. Delete subsections 29.7.1, 29.7.2, 29.7.3, and 29.7.5 in their entirety and substitute in their place the following: 29.7.1 " Emergency Planning and Preparedness. Hotels and dormitories (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (z) Modification to Chapter 30: 1. Delete paragraph 30.2.1.3 in its entirety and replace with the following new 30.2.1.3 30.2.1.3 Bathtub, Bathtub-Shower Combinations and Shower Grab Bars. 30.2.1.3.1 Where bathtubs, bathtub-shower combinations, or showers are present in apartments marketed as senior apartments or apartments designated as 55 or older communities, grab bars shall be provided in accordance with the provisions of 24.2.8. 30.2.1.3.2 In apartments not marketed as senior apartments or apartments designated as 55 or older communities sufficient structural supporting shall be installed so that bathtubs, bathtub-shower combinations, or showers are adaptable to meet the provisions of 24.2.8. 30.2.1.3.3 Where requested by a tenant, the apartment owner / management shall install grab bars in accordance with 24.2.8 at no cost to the tenant. 2. Delete item (2) of subsection 30.2.4.4 in its entirety and substitute in its place the following: (2) "The dwelling unit has direct access to an outside stair complying with 7.2.2 that serves a maximum of two units where both of which are located on the same floor. This does not preclude two stairs serving a floor level with a maximum of four units with an open breezeway connecting and allowing access to either exit stair." 3. Add a new subparagraph 30.3.2.1.3 to read as follows: 30.3.2.1.3 "The provisions of 30.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage, and a minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 4. Delete the words 'fuel fired' from Table 30.3.2.1.1 5. Delete subparagraph 30.3.4.5 in its entirety and substitute in its place the following: 30.3.4.5 "Approved single station or multiple station detectors continuously powered from the building's electrical system shall be installed in accordance with 9.6.2.10 in every living unit within the apartment building regardless of the number of stories or number of apartments. In addition, a 11/2-hour emergency power supply source is required for the back-up power of the detector. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of that unit. This individual unit detector shall be in addition to any sprinkler system or other detection system that may be installed in the building." 6. Delete paragraph 30.3.6.2.3 in its entirety and substitute in its place the following: 30.3.6.2.3 "Doors that open onto exit access corridors shall be self-closing and self-latching, with a listed pneumatic closure or three heavy-duty spring-loaded hinges." 7. Delete subsection 30.7.1 in its entirety and substitute in its place the following: 30.7.1 " Emergency Planning and Preparedness. Residential facilities (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (aa) Modifications to Chapter 31: 1. Delete item (2) of subsection 31.2.4.4 in its entirety and substitute in its place the following: (2) "The dwelling unit has direct access to an outside stair complying with 7.2.2 that serves a maximum of two units where both units are located on the same floor. This does not preclude two stairs serving a floor level with a maximum of four units with an open breezeway connecting and allowing access to either exit stair." 2. Add a new subparagraph 31.3.4.5.2.1 to read as follows: 31.3.4.5.2.1 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply." 3. Add a new subparagraph 31.3.4.5.4.1 to read as follows: 31.3.4.5.4.1 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply." 4. Delete subsection 31.7.1 in its entirety and substitute in its place the following: 31.7.1 " Emergency Planning and Preparedness. Residential facilities (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (bb) Modifications to Chapter 32: Delete paragraph 32.1.1.1 in its entirety and substitute in its place the following: 32.1.1.1 " General. The requirements of this chapter shall apply to new buildings or portions thereof used as residential board and care occupancies (See 3.3.196.12 and 3.3.214 and their Annex A notes). This designation shall include, but may not be limited to, a personal care home or community living arrangement, as defined in 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner. 32.1.1.1.1 Additions, Conversions, Modernizations, Renovations, and Construction Operations. Additions shall be separated from any existing structure not conforming to the provisions of Chapter 32 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7) Doors in fire barriers shall normally be kept closed, however, doors shall be permitted to be held open if they meet the requirements of 7.2.1.8.2, and such doors shall be released upon activation of the building fire alarm system. 32.1.1.1.1.2. Conversion. For purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing residential or health care occupancy. 32.1.1.1.1.3 Change of Occupancy. A change from a licensed personal care home to an assisted living community or memory care unit shall be considered a change of occupancy or subclassification and would be required to meet the provisions of Chapter 35 for existing construction. Such changes in occupancy classification or subclassification are considered as proposed (new) buildings and shall be subject to the applicable administrative provisions of Section 103 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 32.1.1.1.4. Renovations, Alterations, and Modernizations. (See 4.6.7) 32.1.1.1.5. Construction, Repair, and Improvement Operations. (See 4.6.10)" 2. Delete paragraph 32.1.1.4 in its entirety and substitute in its place the following: 32.1.1.4 "Personal Care Homes and Community Living Arrangements with Five or More Residents. A personal care home or community living arrangement with five or more residents, as defined in 120-3 .3-.03 of the Rules and Regulations of the Safety Fire Commissioner, shall comply with the general provisions of 32.1 of this Chapter 32, and with the applicable provisions for residential board and care occupancies as defined in 3.3.196.12 of this Code . The provisions of Chapter 32 for large facilities are deemed to provide for the use of "defend in place" fire response strategies should self-preservation measures not be deemed successful. 32.1.1.4.1 Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 of this Code shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of origin and reducing the need for total occupant evacuation except for the room of fire origin. 32.1.1.4.2 Total Concept. All new personal care homes, and community living arrangements with five or more residents shall be constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants. 32.1.1.4.2.1 Because the safety of personal care home residents or residents of a community living arrangement cannot be adequately ensured by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate trained staff (refer to 406.2.1 of the International Fire Code as adopted by 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner); and development of operating and maintenance procedures composed of the following: (1) Design, construction, and compartmentation (2) Provision for detection, alarm, and extinguishment (3) Fire protection and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building." 3. Delete paragraph 32.1.1.5 in its entirety and substitute in its place the following: 32.1.1.5 "All new facilities classified as residential board and care occupancies shall conform to the requirements of this chapter. This chapter is divided into six sections as follows: (1) Section 32.1 - General Requirements. (2) Section 32.2 - Small Facilities (Sleeping accommodations for not more than six residents. (Includes Personal Care Homes and Community Living Arrangements for five or six residents) (3) Section 32.3 - Large Facilities (Sleeping accommodations for seven or more residents. This includes Personal Care Homes, as defined in section 120-3-3-.03 of Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. It also includes Community Living Arrangements with seven or more residents.) (4) Section 32.4 - Additional minimum requirements for an Apartment Building Housing a Board and Care Occupancy. (5) Section 32.5 - Community Living Arrangement Facilities (small and large) (As defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner) (6) Section 32.7 Operating Features." 4. Delete subsection 32.1.2 in its entirety and substitute in its place the following: 32.1.2 " Classification of Occupancy. See 6.1.9 and provisions of this Chapter 32, and the applicable definitions in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 5. Delete subparagraph 32.2.1.1.1 in its entirety and substitute in its place the following: 32.2.1.1.1 " Scope. This section applies to a community living arrangement with 5 to 6 residents and to residential board and care occupancies, including a personal care home, providing sleeping accommodations for not more than 6 residents. Where there are sleeping accommodations for more than 6 residents of a residential board and care occupancy, including a personal care home or community living arrangement, the occupancy shall be classed as a large facility. The requirements for large facilities are found in Section 32.3. The provisions of 32.5 also apply to community living arrangements. (Also see 3.3.196.12.)" 6. Add a new paragraph 32.2.1.5 to read as follows: 32.2.1.5 " Classification of Hazards of Contents. Contents of Residential Board and Care occupancies shall be classified in accordance with the provisions of Section 6.2." 7. Add a new subparagraph 32.2.3.2.6 to read as follows: 32.2.3.2.6 "Residential cooking appliances such as stoves (a maximum of four surface burners or cooking elements) and griddles shall be protected by a listed self-contained residential fire suppression systems located in residential hoods over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3, and shall not be required to have openings protected between food preparation areas and dining areas. 32.2.3.2.6.1 Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 32.2.3.5. The protection authorized by 32.2.3.5.5 is acceptable for purposes of this section, provided, however, exhaust hood shall still be required to be vented to the outside. 32.2.3.2.6.2 Subject to the approval of the authority having jurisdiction, no protection is required over residential cooking appliances such as grills and stoves in facilities which have a prompt evacuation capability and having a licensed capacity as determined by the Department of Human Resources of six or less residents." 8. Add new subparagraph 32.2.3.4.5.5 to read as follows: 32.2.3.4.5.5 "Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons." 9. Delete subparagraph 32.2.3.5.2 in its entirety and substitute in its place the following: 32.2.3.5.2 "In conversions, sprinklers shall not be required in small board and care homes, including personal care homes and community living arrangements serving six or fewer residents when all occupants have the ability as a group to move reliably to a point of safety within three minutes. 32.2.3.5.2.1 Where the provisions of 32.2.3.5.2 are not met and maintained, the sprinkler protection requirement may be met through the installation of a sprinkler system complying with 32.2.3.5." 10. Add a new subsection 32.2.3.5.9 to read as follows: 32.2.3.5.9 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a personal care home or community living arrangement facility in accordance with 9.9." 11. Delete (1) of subparagraph 32.2.3.6.1 and substitute in its place the following: (1) "The separation walls of sleeping rooms shall be capable of resisting fire for not less than 30 minutes, which is considered to be achieved if the partitioning is finished on both sides with materials such as, but not limited to, 1/2 inch thick gypsum board, wood lath and plaster, or metal lath and plaster. It shall be acceptable for corridor walls to terminate at a ceiling which is constructed similar to a corridor wall capable of resisting fire for not less than 30 minutes." 12. Add new subparagraph 32.2.5.2.4 to read as follows: 32.2.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of small residential board and care occupancies, including personal care homes and community living arrangements. 32.2.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction." 13. Delete subparagraph 32.3.1.1 in its entirety and substitute in its place the following: 32.3.1.1.1 "This section applies to residential board and care occupancies, including licensed personal care homes and community living arrangements with more than 6 residents, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Where there are sleeping accommodations for six or less residents, or a community living arrangement for 5 to 6 residents, the occupancy shall be classed as a small facility. The requirements for small facilities are found in Section 32.2. 14. Add a new Section 32.3.1.2 to read as follows: 32.3.1.2 " Assisted Living Communities and Memory Care Units. 32.3.1.2.1 This chapter shall not apply to any building, or portion thereof, newly constructed, or substantially renovated, as defined in O.C.G.A. 25-2-14(d) , so as to be designated and licensed by the Georgia Department of Community Health as an assisted living community or memory care unit, as defined in Section 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Refer to Chapter 34 or 35 for the applicable requirements for such facilities." 15. Delete 32.3.1.2 and insert a new 32.3.1.2 to read as follows: 32.3.1.2 Requirements Based on Evacuation Capability. Definitions for the classifications of evacuation capability are defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. For purposes of Section 32.3, large facilities are assumed to have an impractical evacuation capability. 16. Add a new item 8 to subparagraph 32.3.2.2.2 to read as follows: (9) ": Doors to resident rooms may be subject to being locked by the occupant, if they can be unlocked from the opposite side and keys are carried by staff at all times. Additional keys must be available/accessible to the staff." 17. Add a new subparagraph 32.3.2.6.1 to read as follows: 32.3.2.6.1 "Travel distance shall not exceed 35 feet (10.7 m) in any story below the level of exit discharge occupied for public purposes." 18. Add a new subparagraph 32.3.2.6.2 to read as follows: 32.3.2.6.2 "Travel distance shall not exceed 75 feet (22.9 m) in any story below the level of exit discharge not occupied for public purposes." 19. Add a new subparagraph 32.3.2.6.3 to read as follows: 32.3.2.6.3 "Any story below the level of exit discharge occupied for public purposes shall have at least two separate exits provided from each story with a maximum dead-end corridor of 20 feet (6.1 m). Any floor below the level of exit discharge not open to the public and used only for mechanical equipment, storage, and service operations (other than kitchens which are considered part of the residential board and care occupancies) shall have exits appropriate to its actual occupancy in accordance with other applicable sections of this Code ." 20. Delete paragraph 32.3.2.9 in its entirety and substitute in its place the following: 32.3.2.9 "Emergency lighting in accordance with Section 7.9 of the Code shall be provided in means of egress and common areas in all residential board and care occupancies. 32.3.2.9.1 "Where each resident room has a direct exit to the outside of the building at ground level, no emergency lighting shall be required." 21. Add a new subparagraph 32.3.2.11.1 to read as follows: 32.3.2.11.1 "Every stairwell door shall allow reentry from the stairwell to the interior of the building or an automatic release shall be provided to unlock all stairwell doors to allow re-entry. Such automatic release shall be actuated with the initiation of the building fire alarm system or upon loss of power." 22. Add a new subparagraph 32.3.3.1.4 to read as follows: 32.3.3.1.4 "Stairway enclosures shall not be required where a one-story stair connects two levels within a single dwelling unit, resident room or suite." 23. Add a new subparagraph 32.3.3.2.4 to read as follows: 32.3.3.2.4 "The provisions of Table 32.3.3.2.2 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 24. Delete subparagraph 32.3.3.4.7 in its entirety and substitute in its place the following: 32.3.3.4.7 " Smoke Alarms. Each sleeping room shall be provided with an approved single station smoke alarm in accordance with 9.6.2.10. Approved smoke alarms shall be powered by the building's electrical system and be provided with a 11/2-hour emergency power source." 32.3.3.4.7.1 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired residents in personal care homes or Community Living Arrangements." 25. Delete subparagraph 32.3.3.4.8 in its entirety and substitute in its place the following: 32.3.3.4.8 " Smoke Detection Systems. All corridors and common spaces shall be provided with smoke detectors in accordance with NFPA 72, National Fire Alarm and Signaling Code , arranged to initiate the fire alarm such that it is audible in all sleeping areas. Detectors shall be located in corridors or hallway so there is a detector within 15 feet (4.6 m) of the wall and at least every 30 feet (9.1 m) thereafter. Where a building has more than one floor level, a detector shall be located at the top of each stair and inside each enclosure. (Refer to 3.3.264) 32.3.3.4.8.1 Detectors may be excluded from crawl spaces beneath the building and unused and unfinished attics. 32.3.3.4.8.2 Unenclosed corridors, passageways, balconies, colonnades, or other arrangements where one or more sides along the long dimension are fully or extensively open to the exterior at all times." 26. Delete subparagraph 32.3.3.5.7 in its entirety and substitute in its place the following: 32.3.3.5.7 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a personal care home or community living arrangement facility in accordance with 9.9." 27. Delete subparagraph 32.3.3.6.6 in its entirety and substitute in its place the following: 32.3.3.6.6 "There shall be no louvers, transfer grilles, operable transoms, or other air passages penetrating such walls or doors other than properly installed heating and utility installations. Unprotected openings shall be prohibited in partitions of interior corridors serving as exit access from resident rooms. Transfer grilles, whether protected by fusible link operated dampers or not, shall not be used in corridor walls or doors between resident rooms and interior corridors. 32.3.3.6.6.1 Existing transoms installed in corridor partitions of resident rooms shall be fixed in the closed position and shall be covered or otherwise protected to provide a fire-resistance rating at least equivalent to that of the wall in which they are installed." 28. Add a new subparagraph 32.3.5.2.4 to read as follows: 32.3.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of large residential board and care occupancies. 32.3.5.2.4.1 "In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 29. Delete section 32.5 in its entirety and substitute in its place the following: 32.5 " Community Living Arrangement Facilities. 32.5.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 32.5 shall prevail. 32.5.2 Address identification. Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code . 32.5.3 Means of Egress. 32.5.3.1 Number of Means of Escape. In any dwelling or dwelling unit of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape. 32.5.3.1.1 A secondary means of escape shall not be required where the bedroom or living area has a door leading directly to the outside of the building at or to grade level. 32.5.3.1.2 Exits for the mobility impaired. A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, which are accessible to the residents." 32.5.3.2 Bedrooms. Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 13/4-in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 in. 2 (0.84 m2) each in area and installed in approved frames. 32.5.3.2.1 A room shall not be used as a bedroom where more than one-half the room height is below ground level. 32.5.3.2.2 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress. 32.5.3.2.3 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide. 32.5.3.2.4 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide. 32.5.3.2.5 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts. 32.5.3.3 Locks . 32.5.3.3.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited be used on the bedroom door of a resident. 32.5.3.3.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 32.5.4 Detection and Alarm Systems 32.5.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72 shall be installed. 32.5.4.2 Smoke Detection. 32.5.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10. Any additional detection/alarm devices shall be as established by O.C.G.A. § 25-2-40 . 32.5.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 32.5.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.119 and 3.3.25.5. 32.5.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 32.5.4.3 Carbon Monoxide Detectors. 32.5.4.3.1 Carbon monoxide detectors shall be provided in accordance with 32.3.3.4.9. 32.5.5 Protection. 32.5.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with 9.9 shall be provided near hazardous areas. 32.5.5.1.1 At least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement that shall be readily accessible. 32.5.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a licensed fire safety technician annually in accordance with NFPA 10. 32.5.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition. 32.5.6 Heating, Ventilation and Air Conditioning. 32.5.6.1 Portable space heaters shall not be used. 32.5.6.2 Fire screens and protective devices shall be used with fireplaces, stoves and fixed heaters. 32.5.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 32.5.7 Operating Features. 32.5.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 32.5.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. (Refer to Chapter 4 of the International Fire Code regarding care-giver minimum training requirements.) 32.5.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can successfully respond to a fire or other emergency using self-preservation or assisted preservation measures as defined by 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Residents who cannot successfully respond shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance to the affected resident at all times. 32.5.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented with staffing involved. (See Chapter 4 of the International Fire Code regarding fire and emergency evacuation drills.) 32.5.7.4 Procedures . There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each resident room. Each sleeping room shall have a secondary exit, which may be a door or a window usable for escape." 30. Delete subsections 32.7.1, 32.7.2, and 32.7.3 in their entirety and substitute in their place the following: 32.7.1 " Emergency Planning and Preparedness. Residential board and care facilities (Group I-1 and R-4 occupancies), including personal care homes and community living arrangements shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. The specific provisions of 32.5.7 shall also apply to community living arrangements." 31. Delete subsection 32.7.4 in its entirety and substitute in its place the following: 32.7.4 " Smoking. Smoking regulations shall be adopted and shall include the following minimal provisions. 32.7.4.1 Smoking shall be prohibited in any room, area or compartment where flammable liquids, combustible gases, or oxygen are used or stored and in any other hazardous location. Such areas shall be posted with ' NO SMOKING' signs. 32.7.4.2 Smoking by residents classified as not responsible shall be prohibited, Exception unless the resident is under direct supervision. 32.7.4.3 Ashtrays of noncombustible material and safe design shall be provided in all areas where smoking is permitted. 32.7.4.4 Metal containers with self-closing cover devices into which ashtrays may be emptied shall be readily available in all areas where smoking is permitted." 32. Add a new paragraph 33.7.5.4 to read as follows: 32.7.5.4 "Wastebaskets and other waste containers shall be of noncombustible or other approved materials." (cc) Modifications to Chapter 33: 1. Delete paragraphs 33.1.4.1 and 33.1.4.2 in their entirety and substitute in their place the following: 33.1.4.1 " General. For definitions see Chapter 3, Definitions and 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner (RRSFC). Where there is a difference in definitions, the definitions in 120-3-3-.03 shall prevail. 33.1.4.2 Special Definitions. (1) Broad and Care Occupancies, Residential. See RRSFC 120-3-3-.03 . (2) Community Living Arrangement. See RRSFC 120-3-3-.03 (3) Evacuation Capability, Impractical. See RRSFC 120-3-3-.03 . (4) Evacuation Capability, Prompt. See RRSFC 120-3-3.03. (5) Evacuation Capability, Slow. See RRSFC 120-3-3-.03 . (6) Personal Care. See RRSFC 120-3-3-.03 . (7) Personal Care Home. See RRSFC 120-3-3-.03 . (8) Self-preservation. See RRSFC 120-3-3-.03 . 2. Add new subparagraphs 33.1.1.4.1 through 33.1.1.4.3 to read as follows: 33.1.1.4.1 "Community Living Arrangements for five to six residents shall comply with the requirements of Sections 33.2 and 33.5 33.1.1.4.2 Community Living Arrangements for seven or more residents shall comply with the requirements of Sections 33.3 and 33.5. 33.1.1.4.3 Refer to 120-3-3-.03 for the definition of a "Community Living Arrangement." 33.1.1.4.4 Existing large personal care homes with 25 or more residents desiring to be licensed as an Assisted Living Community or as a Memory Care Unit, both as defined in 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner, shall meet the requirements for a conversion to a large residential board and care occupancy and the applicable provisions for assisted living communities or memory care units as set forth by Chapter 35 of this Code . (Also defined in RRSFC 120-3-3-.03 )." 3. Delete paragraph 33.1.1.5 in its entirety and substitute in its place the following: 33.1.1.5 "All existing facilities classified as residential board and care occupancies shall conform to the requirements of this chapter. This chapter is divided into six sections as follows: (1) Section 33.1 - General Requirements. (2) Section 33.2 - Small Facilities (sleeping accommodations for not more than six residents. Includes small personal care homes and community living arrangements.) (3) Section 33.3 - Large Facilities (sleeping accommodations for seven or more residents. This includes existing "personal care homes" as defined in section 120-3-3-.03 of Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, and not licensed as an "Assisted Living Community" or "Memory Care Unit") (4) Section 33.4 - Additional minimum requirements for an Apartment Building Housing a Board and Care Occupancy. (5) Section 33.5 - Community Living Arrangement Facilities (6) Section 33.7 - Operating Features." 4. Add a new subsection 33.1.9 to read as follows: 33.1.9 " Classification of Hazards of Contents. Contents of Residential Board and Care occupancies shall be classified in accordance with the provisions of Section 6.2." 5. Delete paragraph 33.2.1.1 in its entirety and substitute in its place the following: 33.2.1.1 " Scope. This section applies to residential board and care occupancies, including community living arrangements with 5 to 6 residents and personal care homes providing sleeping accommodations for not more than six residents. Where there are sleeping accommodations for more than six residents of a residential board and care occupancy or a community living arrangement more than 6, the occupancy shall be classed as a large facility. The requirements for large facilities are found in Section 33.3." 6. Add a new paragraph 33.2.1.5 to read as follows: 33.2.1.5 " Occupant Load. The occupant load of small Residential Board and Care occupancies (personal care occupancies) or any individual story or section thereof for the purpose of determining exits shall be the maximum number of persons intended to occupy the floor on the basis of the occupant load factors of Table 7.3.1.2. (Also see 3.3.22.2.1 for Gross Floor Area.)" 7. Add a new subparagraph 33.2.3.2.6 to read as follows: 33.2.3.2.6 "Residential cooking appliances such as stoves and griddles shall be protected by listed self-contained residential fire suppression systems located in residential hoods over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3 and shall not be required to have openings protected between food preparation areas and dining areas. 33.2.3.2.6.1 "Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 33.2.3.5. The exhaust hood is still required to be vented to the outside. 33.2.3.2.6.2 "No protection is required over residential cooking appliances such as grills and stoves in facilities which have prompt evacuation capability and have a licensed capacity as determined by the Department of Community Health of six or less residents." 8. Add new subparagraph 33.2.3.4.3.1 to read as follows: 33.2.3.4.3.1 "Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons." 9. Add a new subparagraph 33.2.3.4.3.1 to read as follows: 33.2.3.4.3.1 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply. 10. Add new subparagraph 33.2.3.4.5 to read as follows: 33.2.3.4.5 " Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel-burning appliance is located in the residence." 11. Delete subparagraph 33.2.3.5.3.7 in its entirety and substitute in its place the following: 33.2.3.5.3.7 " Impractical and Slow Evacuation Capability. All slow and impractical evacuation capability facilities shall be protected throughout by an approved, supervised automatic sprinkler system installed in accordance with 33.2.3.5.3." 12. Add new subparagraph 33.2.5.2.4 to read as follows: 33.2.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of small residential board and care occupancies, including personal care homes and community living arrangements. 33.2.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 13. Add a new subsection 33.2.6 to read as follows: 33.2.6 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies, personal care homes or community living arrangement facilities as follows. 33.2.6.1 Portable fire extinguishers in accordance with Section 9.9 of this Code shall be provided near hazardous areas. Also, at least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement, and they shall be readily accessible. 33.2.6.1.2 Required portable fire extinguishers shall be inspected and maintained at least annually by a licensed fire safety technician in accordance with NFPA 10. 33.6.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition." 14. Delete paragraph 33.3.1.1.1 in its entirety and substitute in its place the following: 33.3.1.1.1 " Scope. This section applies to residential board and care occupancies, including personal care homes and community living arrangements providing sleeping accommodations for 7 or more residents. Where there are sleeping accommodations for six or less residents or a community living arrangement for 5 to 6 residents, the occupancy shall be classed as a small facility. The requirements for small facilities are found in Section 33.2." 15. Delete 33.3.1.2.2 in its entirety and substitute in its place the following: 33.3.1.2.2 " Impractical. Large facilities classified as impractical evacuation capability shall meet the requirements of 33.3 for impractical evacuation capability, or the requirements for new large facilities in Chapter 32, unless the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4." 16. Add a new subsection 33.3.1.4 to read as follows: 33.3.1.4 " Occupant Load. The occupant load of small Residential Board and Care occupancies or Personal Care occupancies or any individual story or section thereof for the purpose of determining exits shall be the maximum number of persons intended to occupy the floor as determined on the basis of the occupant load factors of Table 7.3.1.2. Gross floor area shall be measured within the exterior building walls with no deductions. (See 3.3.22.2.1)." 17. Add a new subparagraph 33.3.3.1.1.4 to read as follows: 33.3.3.1.1.4 "Enclosure of stairs, smoke proof towers and exit passageways in buildings existing prior to April 15, 1986, shall be fire barriers of at least 20-minute fire-resistance rating with all openings protected in accordance with paragraph 8.3.3 of this Code in buildings less than three stories in height. In buildings existing prior to April 15, 1986, more than three stories in height, the enclosure shall not be less than a 1-hour fire-resistance rating with all openings protected in accordance with paragraph 8.3.4.4 of this Code ." 18. Add a new exception to subparagraph 33.3.2.2.2(10) to read as follows: 33.3.2.2.2(10) "Doors to resident rooms may be subject to being locked by the occupant, if they can be unlocked from the opposite side and keys are carried by staff at all times. Additional keys must be available to and accessible by the staff." 19. Delete subparagraph 33.3.2.5.4 in its entirety and substitute in its place the following: 33.3.2.5.4 "No dead-end corridor shall exceed 35 feet (10.7 m)." 20. Delete subparagraph 33.3.2.6.3.3 in its entirety and substitute in its place the following: 33.3.2.6.3.3 "Travel distance to exits shall not exceed 150 feet (45.7 m) if the exit access and any portion of the building that is tributary to the exit access are protected throughout by approved automatic sprinkler systems. In addition, the portion of the building in which the 150 feet (45.7 m) travel distance is permitted shall be separated from the remainder of the building by construction having not less than a 1-hour fire-resistance rating for buildings not greater than three stories in height and 2-hour for buildings greater than three stories in height." 21. Add a new subparagraph 3 3.3.2.6.3.4 to read as follows: 33.3.2.6.3.4 "No residents shall be located on floors below the level of exit discharge. 33.3.2.6.3.4.1 In facilities existing prior to April 15, 1986, any floor below the level of exit discharge occupied for public purposes shall have exits arranged such that it will not be necessary to travel more than 100 feet (30.5 m) from the door of any room to reach the nearest exit." 22. Add a new subparagraph 33.3.2.6.4 to read as follows: 33.3.2.6.4 "Any floor below the level of exit discharge not open to the public and used only for mechanical equipment, storage, and service operations (other than kitchens which are considered part of the residential board and care occupancies) shall have exits appropriate to its actual occupancy in accordance with other applicable sections of this Code ." 23. Add a new subparagraph 33.3.2.7.1 to read as follows: 33.3.2.7.1 "At least half of the required exit capacity of upper floors, exclusive of horizontal exits, shall lead directly to the street or through a yard, court, or passageway with protected openings and separated from all parts of the interior of the building." 24. Delete paragraph 33.3.2.9 in its entirety and substitute in its place the following: 33.3.2.9 " Emergency Lighting. Emergency lighting in accordance with Section 7.9 of the Code shall be provided in means of egress and common areas in all residential board and care occupancies. 33.3.2.9.1 Where each guestroom has a direct exit to the outside of the building at ground level, no emergency lighting shall be required." 25. Delete 33.3.2.11.1 and insert a new subparagraph 33.3.2.11.1 to read as follows: 33.3.2.11.1 "Every stairwell door shall allow re-entry from the stairwell to the interior of the building or an automatic release shall be provided to unlock all stairwell doors to allow re-entry. Such automatic release shall be actuated with the initiation of the building fire alarm system or upon loss of power." 26. Add a new subparagraph 33.3.2.11.3 to read as follows: 33.3.2.11.3 "Stairway enclosures shall not be required where a one-story stair connects two levels within a single dwelling unit, resident room or suite." 27. Add a new subparagraph 33.3.3.1.4 to read as follows: 33.3.3.1.4 "Any required exit stair which is so located such that it is necessary to pass through the lobby or other open space to reach the outside of the building shall be continuously enclosed down to the lobby level, or to a mezzanine within the lobby. 33.3.3.1.4.1 In existing two-story buildings only, the second floor level may be fire stopped with a fire barrier having at least a 1-hour fire-resistance rating. Vision panels not exceeding 1,296 square inches (8361 cu cm) and installed in steel frames shall be provided in the doors of the fire barrier." 28. Add two new subparagraphs 33.3.3.2.2.1 and 33.3.3.2.2.2 to read as follows: 33.3.3.2.2.1 "The provisions of 33.3.3.2.2 shall not apply to rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 33.3.3.2.2.2 The provisions of 33.3.3.2.2 shall not apply in existing residential board and care occupancies constructed prior to April 15, 1986, with regard to the location of the equipment only." 29. Delete section 33.3.3.8 to read as follows: 33.3.3.8.1 "A personal care home having a licensed capacity as determined by the Department of Community Health of 16 or less residents shall have residential cooking appliances such as stoves and griddles protected by a listed self-contained residential fire suppression system located in residential hood over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3 and shall not be required to have openings protected between food preparation areas and dining areas. 33.3.3.8.2 A personal care home constructed prior to January 28, 1993, and having a licensed capacity as determined by the Department of Community Health of 16 or less residents may have food preparation facilities in accordance with NFPA 91, Standard for Exhaust Systems for Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids, 1983 edition. 33.3.3.8.3 A personal care home constructed prior to January 28, 1993, and having a licensed capacity as determined by the Department of Community Health of 16 residents or less may have food preparation facilities which have a ventilating hood meeting the provisions of NFPA 54, National Fuel Gas Code , as specified in Chapters 120-3-14 and 120-3-16, of the Rules and Regulations of the Safety Fire Commissioner, and NFPA 91 , Standard for Exhaust Systems for Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids , as specified in Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. 33.3.3.8.4 Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 32.2.3.5. The exhaust hood is still required to be vented to the outside." 30. Add a new subparagraph 33.3.3.4.7.1.1 to read as follows: 33.3.3.4.7.1.1 "Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons located in Community Living Arrangements." 31. Delete subparagraph 33.3.3.4.7.2 in its entirety and substitute in its place the following: 33.3.3.4.7.2 "The provisions of 9.6.2.10.8.1 and 9.6.2.10.8.2 shall also apply." 32. Delete subparagraph 33.3.3.4.8 in its entirety and substitute in its place the following: 33.3.3.4.8 " Smoke Detection Systems. All corridors and common spaces shall be provided with smoke detectors in accordance with NFPA 72, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, arranged to initiate the fire alarm such that it is audible in all sleeping areas. Detectors shall be located in corridors or hallway so there is a detector within 15 feet (4.6 m) of the wall and at least every 30 feet (9.1 m) thereafter. Where a building has more than one floor level, a detector shall be located at the top of each stair and inside each enclosure. 33.3.3.4.8.2 Smoke detection systems may be excluded from crawl spaces beneath the building and unused and unfinished attics. 33.3.3.4.8.3 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements where one or more sides along the long dimension are fully or extensively open to the exterior at all times." 33. Delete subparagraph 33.3.3.5.2 in its entirety and substitute in its place the following: 33.3.3.5.2 "Sprinkler installation may be omitted in bathrooms where the area does not exceed 55 square feet (5.1 sq. m) and the walls and ceilings, including behind fixtures, are of noncombustible or limited combustible materials providing a 15-minute thermal barrier or in clothes closets, linen closets, and pantries within the facility where the area of the space does not exceed 24 square feet (2.2 sq. m) and the least dimension does not exceed 3 feet (0.91 m) and the walls and ceilings are surfaced with noncombustible or limited combustible materials as defined by NFPA 220 , Standard on Types of Building Construction , as specified in Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner." 34. Delete subparagraph 33.3.3.5.1.3 in its entirety and substitute in its place the following: 33.3.3.5.1.3 "Automatic sprinklers installed in accordance with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes , 1991 edition, as modified by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, which were in effect shall be acceptable as a complying sprinkler system." 35. Add a new subparagraph 33.3.3.5.1.4 to read as follows: 33.3.3.5.1.4 "Automatic sprinkler systems installed in existing facilities prior to November 1, 1987, may be continued in use subject to the approval of the authority having jurisdiction as defined in paragraph 3.2.2 of the Code ." 36. Add new subparagraph 33.3.3.4.9 to read as follows: 33.3.3.4.9 " Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel-burning appliance is located in the residence." 37. Delete subparagraph 33.3.3.5.7 in its entirety and substitute in its place the following: 33.3.3.5.7 " Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a community living arrangement facility in accordance with 9.9." 38. Delete subparagraph 33.3.3.6.1 and subparagraphs to 33.3.3.6.1 in their entirety and substitute in its place the following: 33.3.3.6.1 "Access shall be provided from every resident use area to not less than one means of egress that is separated from all other rooms or spaces by walls complying with 33.3.3.6.3 through 33.3.3.6.6.3." 39. Delete subparagraph 33.3.3.6.3 in its entirety and substitute in its place the following: 33.3.3.6.3 "Fire barriers required by 33.3.3.6.1 and 33.3.3.6.2 shall have a fire-resistance rating of not less than 30 minutes. Fixed fire window assemblies in accordance with 8.3.3 shall be permitted. 33.5.3.6.3.1 The provisions of 33.3.3.6.3 shall not apply where the resident room has a door providing direct exiting at grade or to an open air balcony leading to exiting at grade." 40. Delete subparagraph 33.3.3.6.4 in its entirety and substitute in its place the following: 33.3.3.6.4 "Doors in fire barriers required by 33.3.3.6.1 or 33.3.3.6.2 shall have a fire protection rating of not less than twenty (20) minutes and shall have positive latching. 33.3.3.6.4.1 Existing 13/4 inch (44.5 mm) thick, solid bonded wood core doors shall be permitted to continue to be used. These doors shall be positive latching. 33.3.3.6.4.2 Walls that are required only to resist the passage of smoke, without a fire-resistance rating, shall be permitted to have doors that resist the passage of smoke without a fire protection rating. These doors shall be positive latching. 33.3.3.6.4.3 In existing personal care occupancies existing prior to April 15, 1986, the doors shall be constructed to resist the passage of smoke and shall be a least equal in fire protection to a 11/4 inch (31.8 mm) thick solid bonded core wood door and shall have positive latching." 41. Delete subparagraph 33.3.3.6.5 in its entirety and substitute in its place the following: 33.3.3.6.5 "Walls and doors required by 33.3.3.6.1 and 33.3.3.6.2 shall be constructed to resist the passage of fire and smoke for not less than 30 minutes. There shall be no louvers, transfer grilles, operable transoms, or other air passages penetrating such walls or doors except properly installed heating and utility installations. Unprotected openings shall be prohibited in partitions of interior corridors serving as exit access from resident rooms. Transfer grilles, whether protected by fusible link operated dampers or not, shall not be used in corridor walls or doors between resident rooms and interior corridors. 33.3.3.6.5.1 "Existing transoms installed in corridor partitions of resident rooms shall be fixed in the closed position and shall be covered or otherwise protected to provide a fire-resistance rating at least equivalent to that of the wall in which they are installed." 42. Add new subparagraph 33.3.5.2.4 to read as follows: 33.3.5.2.4 "Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of large residential board and care occupancies. 33.3.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 43. Delete subsection 33.5 in its entirety and substitute in its place the following: 33.5 " Community Living Arrangement Facilities. 33.5.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 33.5 shall prevail. 33.5.2 Address identification. Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code . 33.5.3 Means of Egress. 33.5.3.1 A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, which are accessible to the residents. 33.5.3.2 Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 13/4-in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 in. 2 (0.84 m2) each in area and installed in approved frames. 33.5.3.3 A room shall not be used as a bedroom where more than one-half the room height is below ground level. 33.5.3.4 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress. 33.5.3.5 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide. 33.5.3.6 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide. 33.5.3.7 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts. 33.5.3.8 Locks. 33.5.3.8.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited be used on the bedroom door of a resident. 33.5.3.8.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 33.5.3.9 Number of Means of Escape. In any dwelling or dwelling unit of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape. 33.5.3.9.1 A secondary means of escape shall not be required where the bedroom or living area has a door leading directly to the outside of the building at or to grade level. 33.5.4 Detection and Alarm Systems 33.5.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall be installed. 33.5.4.2 Smoke Detection. 33.5.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10. Any additional detection/alarm devices shall be as established by O.C.G.A. § 25-2-40 . 33.5.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 33.5.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.22.5. 33.5.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 33.5.4.3 Carbon Monoxide Detectors. 33.5.4.3.1 Carbon monoxide detectors shall be provided in the residence where natural gas, LP gas or heating oil is used to heat the residence. 33.5.4.3.2 Carbon monoxide detectors shall be provided in the residence if a solid fuel-burning fireplace is installed the residence 33.5.5 Protection. 33.5.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with 9.9 shall be provided near hazardous areas. 33.5.5.1.1 At least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement that shall be readily accessible. 33.5.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a state licensed or permitted fire extinguisher technician annually in accordance with NFPA 10, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 33.5.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition. 33.5.6 Heating, Ventilation and Air Conditioning. 33.5.6.1 Space heaters shall not be used. 33.5.6.2 Fire screens and protective devices shall be used with fireplaces, stoves, and heaters. 33.5.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 33.5.7 Operating Features. 33.5.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 33.5.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. (See Chapter 4 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.) 33.5.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can meet a prompt evacuation capability as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Residents who cannot meet a prompt evacuation capability classification shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance at all times. 33.5.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented with staffing involved. (See Chapter 4 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.) 33.5.7.4 Procedures. There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each residence. Each sleeping room shall have a secondary exit, which may be a door or a window usable for escape." 44. Delete subsections 33.7.1, 33.7.2, and 33.7.3 in their entirety and substitute in their place the following: 33.7.1 " Emergency Planning and Preparedness. Residential board and care facilities (Group I1 and R-4 occupancies), including community living arrangements and personal care homes, shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." 45. Delete subsection 33.7.4 in its entirety and substitute in their place the following: 33.7.4 " Smoking. Smoking regulations shall be adopted and shall include the following minimal provisions. 33.7.4.1 Smoking shall be prohibited in any room, area or compartment where flammable liquids, combustible gases, or oxygen are used or stored and in any other hazardous location. Such areas shall be posted with "NO SMOKING" signs. 33.7.4.2 Smoking by residents classified as not responsible shall be prohibited. 33.7.4.2.1 Smoking is permitted by residents classified as not responsible when under direct supervision. 33.7.4.3 Ashtrays of noncombustible material and safe design shall be provided in all areas where smoking is permitted. 33.7.4.4 Metal containers with self-closing cover devices into which ashtrays may be emptied shall be readily available in all areas where smoking is permitted." 46. Add a new paragraph 33.7.5.4 to read as follows: 33.7.5.4 " Waste Containers. Wastebaskets and other waste containers shall be of noncombustible or other approved materials." (dd) Modifications to reserved Chapter 34. 1. Insert a new Chapter 34 to read as follows: "Chapter 34 New Assisted Living Community Occupancies 34.1 General Requirements. 34.1.1 Application. 34.1.1.1 General. 34.1.1.1.1 The requirements of this chapter shall apply to new buildings or portions thereof used as assisted living community occupancies. New buildings or portions thereof used as assisted living community occupancies shall be permitted to meet all the requirements for a limited health care occupancy as prescribed in chapter 18 of this Code in lieu of this chapter. (See 1.3.1). 34.1.1.1.2 Administration. The provisions of Chapter 1, Administration, shall apply. 34.1.1.1.3 General. The provisions of Chapter 4, General, shall apply. 34.1.1.1.4 Buildings, or sections of buildings, that primarily house residents who, in the opinion of the governing body of the facility and the governmental agency having jurisdiction, are capable of exercising judgment and appropriate physical action for self-preservation under emergency conditions shall be permitted to comply with the provisions of Chapter 32 provided they are separated by a fire barrier having not less than a 1-hour fire resistance rating and constructed of materials as required for the addition. 34.1.1.1.5 It shall be recognized that, in buildings providing care for certain types of residents or having a security section, it might be necessary to lock doors and bar windows to confine and protect building inhabitants. In such instances, the authority having jurisdiction shall require appropriate modifications to those sections of this Code that would otherwise require means of egress to be kept unlocked. 34.1.1.1.6 The requirements of this chapter shall apply based on the assumption that staff is available in all resident-occupied areas to perform certain fire safety functions as required in other paragraphs of this chapter. 34.1.1.2 Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of fire origin and reducing the need for occupant evacuation, except from the room of fire origin. 34.1.1.3 Total Concept. 34.1.1.3.1 All assisted living community facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants. 34.1.1.3.2 Because the safety of assisted living community occupants cannot be ensured adequately by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate, trained staff; and development of operating and maintenance procedures composed of the following: (1) Design, construction, and compartmentation (2) Provision for detection, alarm, and extinguishment (3) Fire prevention and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building 34.1.1.4 Additions, Conversions, Modernization, Renovation, and Construction Operations. 34.1.1.4.1 Additions . 34.1.1.4.1.1 Additions shall be separated from any existing structure not conforming to the provisions within Chapter 34 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7.) 34.1.1.4.1.2 Doors in barriers required by 34.1.1.4.1.1 shall normally be kept closed, unless otherwise permitted by 34.1.1.4.1.3. 34.1.1.4.1.3 Doors shall be permitted to be held open if they meet the requirements of 34.2.2.4. 34.1.1.4.2 Conversion. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing health care occupancy to an assisted living community occupancy. 34.1.1.4.3 Changes of Occupancy. A change from a personal care home to an assisted living community occupancy shall be considered a change in occupancy or occupancy sub-classification and would be required to meet the provisions of this Chapter for new construction. 34.1.1.4.4 Renovations, Alterations, and Modernizations. See 4.6.7. 34.1.1.4.5 Construction, Repair, and Improvement Operations. See 4.6.10. 34.1.2 Classification of Occupancy. See 120-3-3.03(4), (14), and 34.1.4.2. 34.1.3 Multiple Occupancies. 34.1.3.1 Multiple occupancies shall comply with 6.1.14 in buildings other than those meeting the requirement of 34.1.3.2. 34.1.3.2 Sections of assisted living community facilities shall be permitted to be classified as other occupancies, provided that they meet both of the following conditions: (1) They are not intended to serve assisted living community occupants or have customary access by assisted living community residents who are incapable of self-preservation. (2) They are separated from areas of assisted living community occupancies by construction having a minimum 2-hour fire resistance rating. 34.1.3.3 The requirement of 34.1.3.1 shall not apply to apartment buildings housing assisted living community occupancies in conformance with Section 34.4. In such facilities, any safeguards required by Section 34.4 that are more restrictive than those for other housed occupancies shall apply only to the extent prescribed by Section 34.4. 34.1.3.4 No assisted living community occupancy shall be located above a nonresidential or non- health care occupancy, unless the assisted living community occupancy and exits therefrom are separated from the nonresidential or non-health care occupancy by construction having a minimum 2-hour fire resistance rating. 34.1.3.5 Any area with a hazard of contents classified higher than that of the assisted living community occupancy and located in the same building shall be protected as required in 34.2. 34.1.3.6 Non-residential-related occupancies classified as containing high hazard contents shall not be permitted in buildings housing assisted living community occupancies. 34.1.4 Definitions. 34.1.4.1 General. For definitions, see Chapter 3, Definitions. 34.1.4.2 Special Definitions. A list of special terms used in this chapter follows: (1) Assisted Living Community Occupancy. See 120-3-3-.03(4) . (2) Assisted self-preservation. See 120-3-3-.03(5) (3) Evacuation Capability, Impractical. See 120-3-3-.03(7) . (4) Evacuation Capability, Prompt. See 120-3-3-.03(8) . (5) Evacuation Capability, Slow. See 120-3-3-.03(9) . (6) Personal Care Home. See 120-3-3-.03(21) . (7) Point of Safety. See 3.3.211 of this Code . (8) Thermal Barrier. See 3.3.31.3 of this Code . 34.1.5 Classification of Hazard of Contents. The classification of hazard of contents shall be as defined in Section 6.2. 34.1.6 Minimum Construction Requirements. Assisted living community facilities shall be limited to the building construction types specified in Table 34.1.6 (see 8.2.1), based on the number of stories in height as defined in 4.6.3. Table 34.1.6 Table 34.1.6 Number of Stories - See Note b Construction Type Sprinklered See Note a 1 2 3 4-12

12 Type I(442) a c d YES X X X X X NO N.P. N.P. N.P. N.P. N.P. Type I(332) a c d YES X X X X X NO N.P. N.P. N.P. N.P. N.P. Type II(222) a c d YES X X X X N.P. NO N.P. N.P. N.P. N.P. N.P. Type II(111) a c d YES X X X N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type II(000) a YES X X N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type III(211) a YES X X N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type III(200) a YES X N.P. N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type IV(2HH) a YES X X N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type V(111) a YES X X N.P N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. Type V(000) a YES X N.P. N.P. N.P. N.P. NO N.P. N.P N.P. N.P. N.P. X = Permitted if sprinklered as required by 32.3.3.5. NP = Not permitted. a Building shall be protected throughout by an approved supervised automatic sprinkler system installed in accordance with 9.7.1.1(1), and provided with quick response or residential sprinklers throughout. (See requirements of 34.3.5). b See requirements of 4.6.3. c See requirements of 34.1.6.2.1. d See requirements of 34.1.6.2.2. 34.1.6.1 Fire Resistance-Rated Assemblies. Fire resistance-rated assemblies shall comply with Section 8.3. 34.1.6.2 Construction Type Limitations. 34.1.6.2.1 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof shall be separated from all occupied portions of the building by a noncombustible floor assembly having not less than a 2-hour fire resistance rating that includes not less than 2 1/2 in. (63 mm) of concrete or gypsum fill. (3) The structural elements supporting the 2-hour fire resistance-rated floor assembly specified in 34.1.6.2(2) shall be required to have only the fire resistance rating required of the building. 34.1.6.2.2 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790 , Test Methods for Fire Tests of Roof Coverings. (2) The roof/ceiling assembly shall be constructed with fire-retardant-treated wood meeting the requirements of NFPA 220, Standard on Types of Building Construction . (3) The roof/ceiling assembly shall have the required fire resistance rating for the type of construction. 34.1.6.2.3 Any level below the level of exit discharge shall be separated from the level of exit discharge by not less than Type II(111), Type III(211), or Type V(111) construction (see 8.2.1), unless both of the following criteria are met: (1) Such levels are under the control of the assisted living community facility. (2) Any hazardous spaces are protected in accordance with Section 8.7. 34.1.6.3 All buildings with more than one level below the level of exit discharge shall have all such lower levels separated from the level of exit discharge by not less than Type II(111) construction. 34.1.6.4 Interior nonbearing walls in buildings of Type I or Type II construction shall be constructed of noncombustible or limited-combustible materials, unless otherwise permitted by 20.1.6.4. 34.1.6.5 Interior nonbearing walls required to have a minimum 2-hour fire resistance rating shall be permitted to be fire-retardant-treated wood enclosed within noncombustible or limited-combustible materials, provided that such walls are not used as shaft enclosures. 34.1.6.6 Fire-retardant-treated wood that serves as supports for the installation of fixtures and equipment shall be permitted to be installed behind noncombustible or limited-combustible sheathing. 34.1.7 Occupant Load. The occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors of Table 7.3.1.2 that are characteristic of the use of the space, or shall be determined as the maximum probable population of the space under consideration, whichever is greater. 34.2 Means of Egress Requirements. 34.2.1 General. 34.2.1.1 Means of egress from resident rooms and resident dwelling units to the outside of the building shall be in accordance with Chapter 7 and this chapter. 34.2.1.2 Means of escape within the resident room or resident dwelling unit shall comply with Section 24.2 for one- and two-family dwellings. 34.2.1.3 No means of escape or means of egress shall be considered as complying with the minimum criteria for acceptance, unless emergency evacuation drills are regularly conducted using that route in accordance with the requirements of 34.7.3. 34.2.1.4 No assisted living community occupancy shall have its sole means of egress or means of escape pass through any nonresidential or non-health care occupancy in the same building. 34.2.1.5 All means of egress from assisted living community occupancies that traverse non-assisted living community spaces shall conform to the requirements of this Code for assisted living community occupancies, unless otherwise permitted by 34.2.1.6. 34.2.1.6 Exit through a horizontal exit into other contiguous occupancies that does not conform to assisted living community egress provisions but do comply with requirements set forth in the appropriate occupancy chapter of this Code shall be permitted, provided that the occupancy does not contain high hazard contents. 34.2.1.7 Egress provisions for areas of assisted living community facilities that correspond to other occupancies shall meet the corresponding requirements of this Code for such occupancies, and, where the clinical needs of the residents necessitate the locking of means of egress, staff shall be present for the supervised release of occupants during all times of use. 34.2.2 Means of Egress Components. 34.2.2.1 Components Permitted. Components of means of egress shall be limited to the types described in 34.2.2.2 through 34.2.2.10. 34.2.2.2 Doors. Doors in means of egress shall meet all of the following criteria: (1) Doors complying with 7.2.1 shall be permitted. (2) Doors within individual rooms and suites of rooms shall be permitted to be swinging or sliding. (3) No door in any means of egress, other than those meeting the requirement of 34.2.2.2.1 or 34.2.2.2.2, shall be equipped with a lock or latch that requires the use of a tool or key from the egress side. 34.2.2.2.1 Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted. 34.2.2.2.2 Access-controlled egress doors in accordance with 7.2.1.6.2 shall be permitted. 34.2.2.2.3 Doors that are located in the means of egress from individual resident bedrooms or private living units shall be permitted to have locks where the clinical needs of a resident require specialized protective security measures provided that staff can readily unlock doors at all times in accordance with 34.2.2.2.4. 34.2.2.2.4 Doors that are located in the means of egress and are permitted to be locked under other provisions of 34.2.2.2.3 shall comply with both of the following: (1) Provisions shall be made for the rapid removal of occupants by means of one of the following: (a) Remote control of locks from within the locked smoke compartment (b) Keying of all locks to keys carried by staff at all times (c) Other such reliable means available to the staff at all times (2) Only one locking device shall be permitted on each door. 34.2.2.2.5 Doors located in the means of egress that are permitted to be locked under other provisions of Chapter 34, other than those meeting the requirement of 34.2.2.2.1 or 34.2.2.2.2, shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times. 34.2.2.2.6 Only one such locking device, as described in 34.2.2.2.5, shall be permitted on each door. 34.2.2.3 Stairs. Stairs complying with 7.2.2 shall be permitted. 34.2.2.4 Smokeproof Enclosures. Smokeproof enclosures complying with 7.2.3 shall be permitted. 34.2.2.5 Horizontal Exits. Horizontal exits complying with 7.2.4 shall be permitted. 34.2.2.6 Ramps. Ramps complying with 7.2.5 shall be permitted. 34.2.2.7 Exit Passageways. Exit passageways complying with 7.2.6 shall be permitted. 34.2.2.8 Fire Escape Ladders. Fire escape ladders complying with 7.2.9 shall be permitted. 34.2.2.9 Alternating Tread Devices. Alternating tread devices complying with 7.2.11 shall be permitted. 34.2.2.10 Areas of Refuge. Areas of refuge complying with 7.2.12 shall be permitted. 34.2.3 Capacity of Means of Egress. 34.2.3.1 The capacity of means of egress shall be in accordance with Section 7.3. 34.2.3.2 Street floor exits shall be sufficient for the occupant load of the street floor plus the required capacity of stairs and ramps discharging onto the street floor. 34.2.3.3 The width of corridors shall be sufficient for the occupant load served but shall be not less than 60 in. (1525 mm). 34.2.4 Number of Means of Egress. 34.2.4.1 Means of egress shall comply with the following, except as otherwise permitted by 34.2.4.2: (1) The number of means of egress shall be in accordance with Section 7.4. (2) Not less than two separate exits shall be provided on every story. (3) Not less than two separate exits shall be accessible from every part of every story. 34.2.4.2 Exit access, as required by 34.2.4.1(3), shall be permitted to include a single exit access path for the distances permitted as common paths of travel by 34.2.5.2. 34.2.5 Arrangement of Means of Egress. 34.2.5.1 General. Access to all required exits shall be in accordance with Section 7.5. 34.2.5.2 Dead-end Corridors. Dead-end corridors shall not exceed 30 ft. (9.1 mm). 34.2.5.3 Common Path. Common paths of travel shall not exceed 75 ft. (23 m). 34.2.5.4 Reserved. 34.2.6 Travel Distance to Exits. 34.2.6.1 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 75 ft. (23 m) in buildings not protected throughout by an approved automatic sprinkler system in accordance with 34.3.5. 34.2.6.2 Travel distance from any point within a room, suite, or living unit to a corridor door shall not exceed 125 ft. (38 m) in buildings protected throughout by an approved automatic sprinkler system in accordance with 34.3.5. 34.2.6.3 Travel distance from the corridor door of any room to the nearest exit shall be in accordance with 34.2.6.3.1 or 34.2.6.3.2. 34.2.6.3.1 Travel distance from the corridor door of any room to the nearest exit, measured in accordance with Section 7.6, shall not exceed 150ft. (45.72m). 34.2.6.3.2 Travel distance to exits shall not exceed 200 ft. (61 m) for exterior ways of exit access arranged in accordance with 7.5.3. 34.2.7 Discharge from Exits. Exit discharge shall comply with Section 7.7. 34.2.8 Illumination of Means of Egress. Means of egress shall be illuminated in accordance with Section 7.8. 34.2.9 Emergency Lighting. Emergency lighting in accordance with Section 7.9 shall be provided. 34.2.10 Marking of Means of Egress. Means of egress shall be marked in accordance with Section 7.10. 34.2.11 Special Means of Egress Features. 34.2.11.1 Reserved. 34.2.11.2 Lockups. Lockups in residential assisted living community occupancies shall comply with the requirements of 22.4.5. 34.3 Protection. 34.3.1 Protection of Vertical Openings. 34.3.1.1 Vertical openings shall be enclosed or protected in accordance with Section 8.6. 34.3.1.2 Unenclosed vertical openings in accordance with 8.6.9.1 shall be permitted. 34.3.1.3 No floor below the level of exit discharge used only for storage, heating equipment, or purposes other than residential occupancy shall have unprotected openings to floors used for residential occupancy. 34.3.2 Protection from Hazards. 34.3.2.1 Rooms containing high-pressure boilers, refrigerating machinery, transformers, or other service equipment subject to possible explosion shall not be located directly under or adjacent to exits, and such rooms shall be effectively separated from other parts of the building as specified in Section 8.7. 34.3.2.2 Hazardous areas, which shall include, but shall not be limited to, the following, shall be separated from other parts of the building by construction having a minimum 1-hour fire resistance rating, with communicating openings protected by approved self-closing fire doors and be equipped with automatic fire-extinguishing systems: (1) Boiler and heater rooms (2) Laundries (3) Repair shops (4) Rooms or spaces used for storage of combustible supplies and equipment in quantities deemed hazardous by the authority having jurisdiction Exception to (1): Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes. 34.3.3 Interior Finish. 34.3.3.1 General. Interior finish shall be in accordance with Section 10.2. 34.3.3.2 Interior Wall and Ceiling Finish. Interior wall and ceiling finish materials complying with Section 10.2 shall be in accordance with the following: (1) Exit enclosures - Class A (2) Lobbies and corridors - Class B (3) Rooms and enclosed spaces - Class B 34.3.3.3 Interior Floor Finish. 34.3.3.3.1 Interior floor finish shall comply with Section 10.2. 34.3.3.3.2 Interior floor finish in exit enclosures and exit access corridors and spaces not separated from them by walls complying with 34.3.6 shall be not less than Class II. 34.3.3.3.3 Interior floor finish shall comply with 10.2.7.1 or 10.2.7.2, as applicable. 34.3.4 Detection, Alarm, and Communications Systems. 34.3.4.1 General. A fire alarm system shall be provided in accordance with Section 9.6. 34.3.4.2 Initiation. The required fire alarm system shall be initiated by each of the following: (1) Manual means in accordance with 9.6.2 (2) Manual fire alarm box located at a convenient central control point under continuous supervision of responsible employees (3) Required automatic sprinkler system (4) Required detection system 34.3.4.3 Annunciator Panel. An annunciator panel, connected to the fire alarm system, shall be provided at a location readily accessible from the primary point of entry for emergency response personnel. 34.3.4.4 Notification. 34.3.4.4.1 Occupant Notification. Occupant notification shall be provided automatically, without delay, by internal audible alarm in accordance with 9.6.3. 34.3.4.4.2 High-Rise Buildings. High-rise buildings shall be provided with an approved emergency voice communication/alarm system in accordance with 11.8.4. 34.3.4.5 Emergency Forces Notification. Fire department notification shall be accomplished in accordance with 9.6.4. 34.3.4.6 Detection. 34.3.4.6.1 Smoke Alarms. Approved smoke alarms shall be installed in accordance with 9.6.2.10 inside every sleeping room, outside every sleeping area in the immediate vicinity of the bedrooms, and on all levels within a resident unit. 34.3.4.7 Smoke Detection Systems. 34.3.4.7.1 Corridors, spaces open to the corridors, and other spaces outside every sleeping area in the immediate vicinity of the bedrooms other than those meeting the requirement of 34.3.4.7.2, shall be provided with smoke detectors that comply with NFPA 72, National Fire Alarm and Signaling Code , and are arranged to initiate an alarm that is audible in all sleeping areas. 34.3.4.7.2 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements with one or more sides along the long dimension fully or extensively open to the exterior at all times. 34.3.5 Extinguishment Requirements. 34.3.5.1 General. All buildings shall be protected throughout by an approved automatic sprinkler system installed in accordance with 9.7.1.1(1) and provided with quick-response or residential sprinklers throughout. 34.3.5.5 Supervision. Automatic sprinkler systems shall be provided with electrical supervision in accordance with 9.7.2. 34.3.5.7 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in accordance with 9.9. 34.3.6 Corridors and Separation of Sleeping Rooms. 34.3.6.1 Access shall be provided from every resident use area to at least one means of egress that is separated from all sleeping rooms by walls complying with 34.3.6.3 through 34.3.6.6. 34.3.6.1.1 Sleeping rooms shall be separated from corridors, living areas, and kitchens by walls complying with 34.3.6.2 through 34.3.6.6. 34.3.6.2 Walls required by 34.3.6.1 or 34.3.6.1.1 shall be smoke partitions in accordance with Section 8.4 having a minimum 1/2-hour fire resistance rating. 34.3.6.3.5 Hazardous areas shall be separated from corridors in accordance with 34.3.2. 34.3.6.4 Doors protecting corridor openings other than from resident sleeping rooms and hazardous areas shall not be required to have a fire protection rating, but shall be constructed to resist the passage of smoke. 34.3.6.4.1 Doors protecting resident sleeping rooms shall have a minimum 20-minute fire protection rating. 34.3.6.5 Door-closing devices shall not be required on doors in corridor wall openings, other than those serving exit enclosures, smoke barriers, enclosures of vertical openings, and hazardous areas. 34.3.6.6 No louvers, transfer grilles, operable transoms, or other air passages, other than properly installed heating and utility installations, shall penetrate the walls or doors specified in 34.3.6. 34.3.7 Subdivision of Building Spaces. Buildings shall be subdivided by smoke barriers in accordance with 34.3.7.1 through 34.3.7.21. 34.3.7.1 Every story shall be divided into not less than two smoke compartments, unless it meets the requirement of 34.3.7.4, 34.3.7.5, 34.3.7.6, or 34.3.7.7. 34.3.7.2 Each smoke compartment shall have an area not exceeding 22,500 ft2 (2100 m2). 34.3.7.3 The travel distance from any point to reach a door in the required smoke barrier shall be limited to a distance of 200 ft. (61 m). 34.3.7.3.1 Additional smoke barriers shall be provided such that the travel distance from a sleeping room corridor door to a smoke barrier shall not exceed 150 ft. (46 m). 34.3.7.4 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy located above the assisted living community occupancy. 34.3.7.5 Smoke barriers shall not be required in areas that do not contain an assisted living community occupancy and that are separated from the assisted living community occupancy by a fire barrier complying with Section 8.3. 34.3.7.6 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy and that are more than one story below the assisted living community occupancy. 34.3.7.7 Smoke barriers shall not be required in open parking structures protected throughout by an approved, supervised automatic sprinkler system in accordance with 34.3.5. 34.3.7.8 Smoke barriers shall be constructed in accordance with Section 8.5 and shall have a minimum 1-hour fire resistance rating, unless they meet the requirement of 34.3.7.9 or 34.3.7.10. 34.3.7.9 Where an atrium is used, smoke barriers shall be permitted to terminate at an atrium wall constructed in accordance with 8.6.7(1)(c), in which case not less than two separate smoke compartments shall be provided on each floor. 34.3.7.10 Dampers shall not be required in duct penetrations of smoke barriers in fully ducted heating, ventilating, and air-conditioning systems. 34.3.7.11 Not less than 15 net ft2 (1.4 net m2) per resident shall be provided within the aggregate area of corridors, lounge or dining areas, and other low hazard areas on each side of the smoke barrier. 34.3.7.12 On stories not housing residents, not less than 6 net ft2 (0.56 net m2) per occupant shall be provided on each side of the smoke barrier for the total number of occupants in adjoining compartments. 34.3.7.13 Doors in smoke barriers shall be substantial doors, such as 1 3/4 in. (44 mm) thick, solid- bonded wood-core doors, or shall be of construction that resists fire for a minimum of 20 minutes. 34.3.7.14 Nonrated factory- or field-applied protective plates extending not more than 48 in. (1220 mm) above the bottom of the door shall be permitted. 34.3.7.15 Cross-corridor openings in smoke barriers shall be protected by a pair of swinging doors or a horizontal-sliding door complying with 7.2.1.14. 34.3.7.16 Swinging doors shall be arranged so that each door swings in a direction opposite from the other. 34.3.7.17 Doors in smoke barriers shall comply with 8.5.4 and shall be self-closing or automatic-closing in accordance with 7.2.1.8. 34.3.7.18 Vision panels consisting of fire-rated glazing or wired glass panels in approved frames shall be provided in each cross-corridor swinging door and in each cross-corridor horizontal-sliding door in a smoke barrier. 34.3.7.19 Rabbets, bevels, or astragals shall be required at the meeting edges, and stops shall be required at the head and sides of door frames in smoke barriers. 34.3.7.20 Positive latching hardware shall not be required. 34.3.7.21 Center mullions shall be prohibited. 34.3.8 Cooking Facilities. Cooking facilities, other than those within individual residential units, shall be protected in accordance with 9.2.3. 34.3.9 Standpipes. 34.3.9.1 General. Where required, standpipe and hose systems shall be installed and maintained in accordance with 9.10. 34.3.9.2 In High-Rise Buildings. Class I standpipe systems shall be installed throughout all high-rise buildings. 34.3.9.3 Roof Outlets. Roof outlets shall not be required on roofs having a slope of 3 in 12 or greater. 34.4 Special Provisions. 34.4.1 High-Rise Buildings. High-rise buildings shall comply with Section 11.8. 34.5 * Suitability of an Apartment Building to House an Assisted living community Occupancy. 34.5.1 General. 34.5.1.1 Scope. 34.5.1.1.1 Section 34.5 shall apply to apartment buildings that have one or more individual apartments used as an assisted living community occupancy. (See 34.1.3.2.) 34.5.1.1.2 The provisions of Section 34.5 shall be used to determine the suitability of apartment buildings, other than those complying with 34.5.1.1.4, to house an assisted living community facility. 34.5.1.1.3 The suitability of apartment buildings not used for assisted living community occupancies shall be determined in accordance with Chapter 30. 34.5.1.1.4 When a new assisted living community occupancy is created in an existing apartment building, the suitability of such a building for apartments not used for assisted living community occupancies shall be determined in accordance with Chapter 31. 34.5.1.2 Requirements for Individual Apartments. Requirements for individual apartments used as residential assisted living community occupancies shall be as specified in Section 34.2. Egress from the apartment into the common building corridor shall be considered acceptable egress from the assisted living community facility. 34.5.1.3 Additional Requirements. Apartment buildings housing assisted living community facilities shall comply with the requirements of Chapter 30 and the additional requirements of Section 34.5, unless the authority having jurisdiction has determined that equivalent safety for housing an assisted living community facility is provided in accordance with Section 1.4. 34.5.1.4 Minimum Construction Requirements. 34.5.1.4.1 In addition to the requirements of Chapter 30, apartment buildings, other than those complying with 34.5.1.4.2, housing assisted living community facilities shall meet the construction requirements of 34.1.3. 34.5.1.4.2 When a new assisted living community occupancy is created in an existing apartment building, the construction requirements of 19.1.6 shall apply. 34.5.2 Means of Egress. 34.5.2.1 The requirements of Section 30.2 shall apply only to the parts of means of egress serving the apartment(s) used as an assisted living community occupancy, as modified by 34.5.2.2. 34.5.2.2 When a new assisted living community occupancy is created in an existing apartment building, the requirements of Section 31.2 shall apply to the parts of the means of egress serving the apartment(s) used as an assisted living community occupancy. 34.5.3 Protection. 34.5.3.1 Interior Finish. 34.5.3.1.1 The requirements of 30.3.3 shall apply only to the parts of means of egress serving the apartment(s) used as an assisted living community occupancy, as modified by 34.5.3.1.2. 34.4.3.1.2 When a new assisted living community occupancy is created in an existing apartment building, the requirements of 31.3.3 shall apply to the parts of the means of egress serving the apartment(s) used as an assisted living community occupancy. 34.5.3.2 Construction of Corridor Walls. 34.5.3.2.1 The requirements of 30.3.6 shall apply only to corridors serving the assisted living community facility, including that portion of the corridor wall separating the assisted living community facility from the common corridor, as modified by 34.5.3.2.2. 34.5.3.2.2 If a new assisted living community occupancy is created in an existing apartment building, the requirements of 31.3.6 shall apply to the corridor serving the residential assisted living community facility. 34.5.3.3 Subdivision of Building Spaces. (Reserved) 34.6 Building Services. 34.6.1 Utilities . Utilities shall comply with Section 9.1. 34.6.1.1 Heating, ventilating, and air-conditioning equipment shall comply with Section 9.2. 34.6.1.2 No stove or combustion heater shall be located such that it blocks escape in case of fire caused by the malfunction of the stove or heater. 34.6.1.3 Unvented fuel-fired heaters shall not be used in any assisted living community occupancy. 34.6.3 Elevators, Dumbwaiters, and Vertical Conveyors. Elevators, dumbwaiters, and vertical conveyors shall comply with Section 9.4. 34.6.3.2 In high-rise buildings, one elevator shall be provided with a protected power supply and shall be available for use by the fire department in case of emergency. 34.6.4 Rubbish Chutes, Incinerators, and Laundry Chutes. Rubbish chutes, incinerators, and laundry chutes shall comply with Section 9.5. 34.7 Operating Features. 34.7.1 Emergency Planning and Preparedness. Assisted living community facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. The provisions of this Section 34.7 shall be incorporated into the plans, training and safety practices developed by the facility." 34.7.2 Emergency Plan. 34.7.2.1 The administration of every assisted living community facility shall have, in effect and available to all supervisory personnel, written copies of a plan for protecting all persons in the event of fire, for keeping persons in place, for evacuating persons to areas of refuge, and for evacuating persons from the building when necessary. 34.7.2.2 The emergency plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is admitted to the home. 34.7.2.3 All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, and such instruction shall be reviewed by the staff not less than every 2 months. 34.7.2.4 A copy of the plan shall be readily available at all times within the facility. 34.7.3 Resident Training. 34.7.3.1 All residents participating in the emergency plan shall be trained in the proper actions to be taken in the event of fire. 34.7.3.2 The training required by 34.7.3.1 shall include actions to be taken if the primary escape route is blocked. 34.7.3.3 If a resident is given rehabilitation or habilitation training, training in fire prevention and the actions to be taken in the event of a fire shall be a part of the training program. 34.7.3.4 Residents shall be trained to assist each other in case of fire to the extent that their physical and mental abilities permit them to do so without additional personal risk. 34.7.4 Emergency Egress and Relocation Drills. Emergency egress and relocation drills shall be conducted in accordance with 34.7.4.1 through 34.7.4.6. 34.7.4.1 Emergency egress and relocation drills shall be conducted not less than once per quarter on each shift at alternating times. It is intended that staff and residents be trained and drilled based on fire and other emergencies that may occur during the periods of lowest staffing levels. This may require more than one drill per quarter on shifts with the lowest staffing levels. 34.7.4.2 The emergency drills shall be permitted to be announced to the residents in advance. 34.7.4.3 The drills shall involve the training of residents for the eventual actual evacuation of all residents to an assembly point, as specified in the emergency plan, and shall provide residents with experience in egressing through all exits and means of escape required by the Code . 34.7.4.3.1. The assembly point shall be a place outside of the building and shall be located a safe distance from the building being evacuated so as to avoid interference with fire department operations. A refuge area within a smoke compartment in buildings separated by smoke barriers shall be considered a temporary assembly point as part of a staged evacuation. 34.7.4.3.2. Buildings with smoke compartments shall be allowed to train residents to temporarily escape in a staged evacuation to another smoke compartment separated by smoke barriers. Residents shall be allowed to complete the training exercise on the other side of an adjacent smoke barrier. Residents shall still be trained to eventually complete building evacuation during an actual emergency evacuation. Residents shall be required to participate in one emergency egress and relocation drill per year where they continue to an assembly point outside of the building. 34.7.4.3.3. Residents, as a group, shall be required to complete the evacuation drill to an exit or across a smoke barrier in less than 13 minutes or shall be required to change its group evacuation capability and comply with Section 35.1.8. 34.7.4.4 Exits and means of escape not used in any drill shall not be credited in meeting the requirements of this Code for assisted living community facilities. 34.7.4.5 Actual exiting from windows shall not be required to comply with 34.7.4; opening the window and signaling for help shall be an acceptable alternative. 34.7.4.6 Residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill. Section 18.7 shall apply in such instances. 34.7.5 Smoking. 34.7.5.1 Smoking regulations shall be adopted by the administration of assisted living community occupancies. 34.7.5.2 Where smoking is permitted, noncombustible safety-type ashtrays or receptacles shall be provided in convenient locations. 34.7.6 Furnishings, Mattresses, and Decorations. 34.7.6.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations shall comply with 34.7.6.1.1 and 34.7.6.1.2. 34.7.6.1.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations in assisted living community facilities shall be in accordance with the provisions of 10.3.1, unless otherwise permitted by 34.7.6.1.2. 34.7.6.1.2 In other than common areas, new draperies, curtains, and other similar loosely hanging furnishings and decorations shall not be required to comply with 34.7.6.1.1 where the building is protected throughout by an approved automatic sprinkler system installed in accordance with 34.2.3.5. 34.7.6.2 New upholstered furniture within assisted living community facilities shall comply with 34.7.6.2.1 or 34.7.6.2.2. 34.7.6.2.1 New upholstered furniture shall be tested in accordance with the provisions of 10.3.2.1(1) and 10.3.3. 34.7.6.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 34.7.6.3 Newly introduced mattresses within assisted living community facilities shall comply with 34.7.5.3.1 or 34.7.5.3.2. 34.7.6.3.1 Newly introduced mattresses shall be tested in accordance with the provisions of 10.3.2.2 and 10.3.4. 34.7.6.3.2 Mattresses belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 34.7.7 Staff. Staff shall be on duty and in the facility at all times when residents requiring evacuation assistance are present. 34.7.8 Inspection of Door Openings. Door assemblies for which the door leaf is required to swing in the direction of egress travel shall be inspected and tested not less than annually in accordance with 7.2.1.15." (ee) Modifications to Chapter 35: 1. Insert a new Chapter 35 to read as follows: "Chapter 35 Existing Assisted Living Community Occupancies 35.1 General Requirements. 35.1.1 Application. 35.1.1.1 General. 35.1.1.1.1 The requirements of this chapter shall apply to existing buildings or portions thereof used as assisted living community occupancies or with limited applicability for a conversion as further specific specified in Section 35.1.1.4.3 entitled Change of Occupancy. 35.1.1.1.2 Administration. The provisions of Chapter 1, Administration, shall apply. 35.1.1.1.3 General. The provisions of Chapter 4, General, shall apply. 35.1.1.1.4 Buildings, or sections of buildings, that primarily house residents who, in the opinion of the governing body of the facility and the governmental agency having jurisdiction, are capable of exercising judgment and appropriate physical action for self-preservation under emergency conditions shall be permitted to comply with the provisions of Chapter 33 provided they are separated by a fire barrier having not less than a 1-hour fire resistance rating and constructed of materials as required for the addition. 35.1.1.1.5 It shall be recognized that, in buildings providing care for certain types of residents or having a security section, it might be necessary to lock doors and bar windows to confine and protect building inhabitants. In such instances, the authority having jurisdiction shall require appropriate modifications to those sections of this Code that would otherwise require means of egress to be kept unlocked. 35.1.1.1.6 The requirements of this chapter shall apply based on the assumption that staff is available in all resident-occupied areas to perform certain fire safety functions as required in other paragraphs of this chapter. 35.1.1.2 Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of fire origin and reducing the need for occupant evacuation, except from the room of fire origin. 35.1.1.3 Total Concept. 35.1.1.3.1 All assisted living community facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants. 35.1.1.3.2 Because the safety of assisted living community occupants cannot be ensured adequately by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate, trained staff; and development of operating and maintenance procedures composed of the following: (1) Design, construction, and compartmentation. (2) Provision for detection, alarm, and extinguishment. (3) Fire prevention and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building. 35.1.1.4 Additions, Conversions, Modernization, Renovation, and Construction Operations. 35.1.1.4.1 Additions. 35.1.1.4.1.1 Additions shall be separated from any existing structure not conforming to the provisions within Chapter 35 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7.) 35.1.1.4.1.2 Doors in barriers required by 35.1.1.4.1.1 shall normally be kept closed, unless otherwise permitted by 35.1.1.4.1.3. 35.1.1.4.1.3 Doors shall be permitted to be held open if they meet the requirements of 35.2.2.4. 35.1.1.6 Conversion. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing personal care home occupancy or health care occupancy to an assisted living community occupancy. 35.1.1.4.3 Changes of Occupancy. A change from a personal care home, assisted living, or assisted living facility to an assisted living community occupancy shall be considered a change in occupancy or occupancy sub-classification. The requirements of this chapter shall be limited to only apply to a change of occupancy to an assisted living community from an existing personal care home, assisted living, or assisted living facility first occupied as such with a certificate of occupancy issued prior to March 31, 2013. Such facility may be permitted to meet all the requirements for a limited health care occupancy as prescribed in chapter 19 of this Code in lieu of this chapter. 35.1.1.4.3.1 An existing personal care home, assisted living, or assisted living facility with a certificate of occupancy dated after March 31, 2013, that is applying for a change of occupancy to an assisted living community or any other change of occupancy classification, sub-classification, shall meet the provisions of Chapter 34 New Assisted Living Community Occupancies. 35.1.1.4.4 Renovations, Alterations, and Modernizations. See 4.6.7. 35.1.1.4.5 Construction, Repair, and Improvement Operations. See 4.6.10. 35.1.2 Classification of Occupancy. See 120-3-3.03(4), (14), and 35.1.4.2. 35.1.3 Multiple Occupancies. 35.1.3.1 Multiple occupancies shall comply with 6.1.14 in buildings other than those meeting the requirement of 35.1.3.2. 35.1.3.2 Sections of assisted living community facilities shall be permitted to be classified as other occupancies, provided that they meet both of the following conditions: (1) They are not intended to serve assisted living community occupants or have customary access by assisted living community residents who are incapable of self-preservation. (2) They are separated from areas of assisted living community occupancies by construction having a minimum 2-hour fire resistance rating. 35.1.3.3 The requirement of 35.1.3.1 shall not apply to apartment buildings housing assisted living community occupancies in conformance with Section 35.4. In such facilities, any safeguards required by Section 35.4 that are more restrictive than those for other housed occupancies shall apply only to the extent prescribed by Section 35.4. 35.1.3.4 No assisted living community occupancy shall be located above a nonresidential or non-health care occupancy, unless one following conditions is met: (1) The assisted living community occupancy and exits therefrom are separated from the nonresidential or non-health care occupancy by construction having a minimum 2-hour fire resistance rating. (2) The assisted living community occupancy is protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7 and is separated therefrom by construction having a minimum 1-hour fire resistance rating. 35.1.3.5 Any area with a hazard of contents classified higher than that of the assisted living community occupancy and located in the same building shall be protected as required in 35.3.2. 35.1.3.6 Non-residential-related occupancies classified as containing high hazard contents shall not be permitted in buildings housing assisted living community occupancies. 35.1.4 Definitions. 35.1.4.1 General. For definitions, see Chapter 3, Definitions. 35.1.4.2 Special Definitions. A list of special terms used in this chapter follows: (1) Assisted Living Community Occupancy. See 120-3-3-.03(4) . (2) Assisted self-preservation. See 120-3-3-.03(5) (2) Evacuation Capability, Impractical. See 120-3-3-.03(7) . (3) Evacuation Capability, Prompt. See 120-3-3-.03(8) . (4) Evacuation Capability, Slow. See 120-3-3-.03(9) . (5) Personal Care Home. See 120-3-3-.03(21) . (6) Point of Safety. See 3.3.211 of this Code . (7) Thermal Barrier. See 3.3.31.3 of this Code . 35.1.5 Classification of Hazard of Contents. The classification of hazard of contents shall be as defined in Section 6.2. 35.1.6 Minimum Construction Requirements. Assisted living community facilities shall be limited to the building construction types specified in Table 35.1.6 (see 8.2.1), based on the number of stories in height as defined in 4.6.3. Table 35.1.6 Table 35.1.6 Number of Stories - See Note b Construction Type Sprinkled See Note a 1 2 3 4 5-6 6-12 Type I(442) c d YES X X X X X X NO N.P. N.P. N.P. N.P. N.P. N.P. Type I(332) c d YES X X X X X X NO N.P. N.P. N.P. N.P. N.P. N.P. Type II(222) c d YES N.P. X X X X X NO N.P. N.P. N.P. N.P. N.P. Type II(111) c d YES X X X e X e N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type II(000) a YES X X N.P. N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type III(211) a YES X X X e X e N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type III(200) a YES X N.P. N.P. N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type IV(2HH) a YES X X N.P. N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type V(111) See note a or e YES X a X a X e X e N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. Type V(000) a YES X a N.P. N.P. N.P. N.P. N.P. NO N.P. N.P. N.P. N.P. N.P. N.P. X = Permitted if sprinklered as required by 33.3.3.5 unless otherwise noted. NP = Not permitted. a Building shall be protected throughout by an approved supervised automatic sprinkler system installed in accordance with 35.3.5, and the interior walls are covered with lath and plaster or materials providing a 15-minute thermal barrier. (See requirements of 35.3.5). b See requirements of 4.6.3. c See requirements of 35.1.6.2.1. d See requirements of 35.1.6.2.2. e See requirements of 35.1.6.5. 35.1.6.1 * Fire Resistance-Rated Assemblies. Fire resistance-rated assemblies shall comply with Section 8.3. 35.1.6.2 Construction Type Limitations. 35.1.6.2.1 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof shall be separated from all occupied portions of the building by a noncombustible floor assembly having not less than a 2-hour fire resistance rating that includes not less than 2 1/2 in. (63 mm) of concrete or gypsum fill. (3) The structural elements supporting the 2-hour fire resistance-rated floor assembly specified in 35.1.6.2(2) shall be required to have only the fire resistance rating required of the building. 35.1.6.2.2 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof/ceiling assembly shall be constructed with fire-retardant-treated wood meeting the requirements of NFPA 220, Standard on Types of Building Construction. (3) The roof/ceiling assembly shall have the required fire resistance rating for the type of construction. 35.1.6.2.3 Any level below the level of exit discharge shall be separated from the level of exit discharge by not less than Type II(111), Type III(211), or Type V(111) construction (see 8.2.1), unless both of the following criteria are met: (1) Such levels are under the control of the assisted living community facility. (2) Any hazardous spaces are protected in accordance with Section 8.7. 35.1.6.3 All buildings with more than one level below the level of exit discharge shall have all such lower levels separated from the level of exit discharge by not less than Type II(111) construction. 35.1.6.4 Interior nonbearing walls in buildings of Type I or Type II construction shall be constructed of noncombustible or limited-combustible materials, unless otherwise permitted by 20.1.6.4. 35.1.6.5 Any existing building of Type II(111), Type III(211), or Type V(111) construction shall be permitted however, occupants requiring assistance with evacuation from others shall be limited to occupancy on the first and second stories), unless one of the following criteria is met: (1) A horizontal exit in combination with a smoke barrier is provided on the third and fourth floor; or, (2) The building is protected throughout by an approved supervised automatic sprinkler system installed in accordance with 9.7.1.1(1), and provided with quick response or residential sprinklers throughout. 35.1.6.6 Interior nonbearing walls required to have a minimum 2-hour fire resistance rating shall be permitted to be fire-retardant-treated wood enclosed within noncombustible or limited-combustible materials, provided that such walls are not used as shaft enclosures. 35.1.6.7 Fire-retardant-treated wood that serves as supports for the installation of fixtures and equipment shall be permitted to be installed behind noncombustible or limited-combustible sheathing. 35.1.6.8 Changes in Group Evacuation Capability. A change in evacuation capability to a slower level shall be permitted where the facility conforms to one of the following requirements: (1) The requirements of Chapter 34 applicable to new assisted living community facilities. (2) The requirements of Chapter 35 applicable to existing assisted living community facilities for the new evacuation capability, provided that the building is protected throughout by an approved, supervised automatic sprinkler system complying with 35.5 or an increase in staffing to achieve evacuation of all residents to a point of safety within 13 minutes. 35.1.6.9 Requirements Based on Evacuation Capability. 35.1.6.9.1 Prompt and Slow. Facilities classified as prompt or slow evacuation capability, other than those meeting the requirement of 35.1.6.9.1.1 or 35.1.6.9.1.2, shall comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.1.1 Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4 shall not be required to comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.1.2 Facilities that were previously approved as complying with 35.1.6.9.2 shall not be required to comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.2 Impractical. Facilities classified as impractical evacuation capability shall meet the requirements of Section 35 for impractical evacuation capability, or the requirements for limited care facilities in Chapter 19, unless the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4. 35.1.6.9.3 Evacuation Capability Determination. 35.1.6.9.3.1 Facility management shall furnish to the authority having jurisdiction, upon request, an evacuation capability determination using a procedure acceptable to the authority having jurisdiction. 35.1.6.9.3.2 Where the documentation required by 35.1.6.9.3.1 is not furnished, the evacuation capability shall be classified as impractical. 35.1.7 Occupant Load. The occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors of Table 7.3.1.2 that are characteristic of the use of the space, or shall be determined as the maximum probable population of the space under consideration, whichever is greater. 35.2 Means of Egress Requirements. 35.2.1 General. 35.2.1.1 Means of egress from resident rooms and resident dwelling units to the outside of the building shall be in accordance with Chapter 7 and this chapter. 35.2.1.2 Means of escape within the resident room or resident dwelling unit shall comply with Section 24.2 for one- and two-family dwellings. 35.2.1.3 No means of escape or means of egress shall be considered as complying with the minimum criteria for acceptance, unless emergency evacuation drills are regularly conducted using that route in accordance with the requirements of 35.7.3. 35.2.1.4 No assisted living community occupancy shall have its sole means of egress or means of escape pass through any nonresidential or non-health care occupancy in the same building. 35.2.1.5 All means of egress from assisted living community occupancies that traverse non-assisted living community spaces shall conform to the requirements of this Code for assisted living community occupancies, unless otherwise permitted by 35.2.1.6. 35.2.1.6 Exit through a horizontal exit into other contiguous occupancies that does not conform to assisted living community egress provisions but do comply with requirements set forth in the appropriate occupancy chapter of this Code shall be permitted, provided that the occupancy does not contain high hazard contents. 35.2.1.7 Egress provisions for areas of assisted living community facilities that correspond to other occupancies shall meet the corresponding requirements of this Code for such occupancies, and, where the clinical needs of the residents necessitate the locking of means of egress, staff shall be present for the supervised release of occupants during all times of use. 35.2.2 Means of Egress Components. 35.2.2.1 Components Permitted. Components of means of egress shall be limited to the types described in 35.2.2.2 through 35.2.2.10. 35.2.2.2 Doors. Doors in means of egress shall meet all of the following criteria: (1) Doors complying with 7.2.1 shall be permitted. (2) Doors within individual rooms and suites of rooms shall be permitted to be swinging or sliding. (3) No door in any means of egress, other than those meeting the requirement of 35.2.2.2.1 or 35.2.2.2.2, shall be equipped with a lock or latch that requires the use of a tool or key from the egress side. 35.2.2.2.1 Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted. 35.2.2.2.2 Access-controlled egress doors in accordance with 7.2.1.6.2 shall be permitted. 35.2.2.2.3 Doors that are located in the means of egress from individual resident bedrooms or private living units shall be permitted to have locks where the clinical needs of a resident require specialized protective security measures provided that staff can readily unlock doors at all times in accordance with 35.2.2.2.4. 35.2.2.2.4 Doors that are located in the means of egress and are permitted to be locked under other provisions of 35.2.2.2.3 shall comply with both of the following: (1) Provisions shall be made for the rapid removal of occupants by means of one of the following: (a) Remote control of locks from within the locked smoke compartment (b) Keying of all locks to keys carried by staff at all times (c) Other such reliable means available to the staff at all times (2) Only one locking device shall be permitted on each door. 35.2.2.2.5 Doors located in the means of egress that are permitted to be locked under other provisions of Chapter 35, other than those meeting the requirement of 35.2.2.2.1 or 35.2.2.2.2, shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times. 35.2.2.2.6 Only one such locking device, as described in 35.2.2.2.5, shall be permitted on each door. 35.2.2.3 Stairs. Stairs complying with 7.2.2 shall be permitted. 35.2.2.4 Smokeproof Enclosures. Smokeproof enclosures complying with 7.2.3 shall be permitted. 35.2.2.5 Horizontal Exits. Horizontal exits complying with 7.2.4 shall be permitted. 35.2.2.6 Ramps. Ramps complying with 7.2.5 shall be permitted. 35.2.2.7 Exit Passageways. Exit passageways complying with 7.2.6 shall be permitted. 35.2.2.8 Fire Escape Ladders. Fire escape ladders complying with 7.2.9 shall be permitted. 35.2.2.9 Alternating Tread Devices. Alternating tread devices complying with 7.2.11 shall be permitted. 35.2.2.10 Areas of Refuge. Areas of refuge complying with 7.2.12 shall be permitted. 35.2.3 Capacity of Means of Egress. 35.2.3.1 The capacity of means of egress shall be in accordance with Section 7.3. 35.2.3.2 Street floor exits shall be sufficient for the occupant load of the street floor plus the required capacity of stairs and ramps discharging onto the street floor. 35.2.3.3 The width of corridors serving an occupant load of 50 or more in facilities having prompt or slow evacuation capability, and all facilities having impractical evacuation capability, shall be sufficient for the occupant load served but shall be not less than 60 in. (1525 mm). 35.2.3.4 The width of corridors serving an occupant load of less than 50 in facilities having prompt or slow evacuation capability shall be not less than 44 in. (1120 mm). 35.2.4 Number of Means of Egress. 35.2.4.1 Means of egress shall comply with the following, except as otherwise permitted by 35.2.4.2: (1) The number of means of egress shall be in accordance with 7.4.1.1 and 7.4.1.3 through 7.4.1.5. (2) Not less than two separate exits shall be provided on every story. (3) Not less than two separate exits shall be accessible from every part of every story. 35.2.4.2 Exit access, as required by 35.2.4.1(3), shall be permitted to include a single exit access path for the distances permitted as common paths of travel by 35.2.5.2 and 35.2.5.3. 35.2.5 Arrangement of Means of Egress. 35.2.5.1 General. Access to all required exits shall be in accordance with Section 7.5. 35.2.5.2 Dead-end Corridors. Dead-end corridors shall not exceed 35 ft. (15 m). 35.2.5.3 Common Path. Common paths of travel shall not exceed 110 ft. (35.5 m). 35.2.5.4 Reserved. 35.2.6 Travel Distance to Exits. 35.2.6.1 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 75 ft. (23 m) in buildings not protected throughout by an approved automatic sprinkler system in accordance with 35.3.5. 35.2.6.2 Travel distance from any point within a room, suite, or living unit to a corridor door shall not exceed 125 ft. (38 m) in buildings protected throughout by an approved automatic sprinkler system in accordance with 35.3.5. 35.2.6.3 Travel distance from the corridor door of any room to the nearest exit shall be in accordance with 35.2.6.3.1 or 35.2.6.3.2 35.2.6.3.1 Travel distance from the corridor door of any room to the nearest exit, measured in accordance with Section 7.6, shall not exceed 200 ft. (61 m). 35.2.6.3.2 Travel distance to exits shall not exceed 200 ft. (61 m) for exterior ways of exit access arranged in accordance with 7.5.3. 35.2.7 Discharge from Exits. Exit discharge shall comply with Section 7.7. 35.2.8 Illumination of Means of Egress. Means of egress shall be illuminated in accordance with Section 7.8. 35.2.9 Emergency Lighting. Emergency lighting in accordance with Section 7.9 shall be provided. 35.2.10 Marking of Means of Egress. Means of egress shall be marked in accordance with Section 7.10 35.2.11 Special Means of Egress Features. 35.2.11.1 Reserved. 35.2.11.2 Lockups. Lockups in residential assisted living community occupancies shall comply with the requirements of 23.4.5. 35.3 Protection. 35.3.1 Protection of Vertical Openings. 35.3.1.1 Vertical openings shall be enclosed or protected in accordance with Section 8.6. 35.3.1.2 Unenclosed vertical openings in accordance with 8.6.9.1 shall be permitted. 35.3.1.3 No floor below the level of exit discharge and used only for storage, heating equipment, or purposes other than residential occupancy shall have unprotected openings to floors used for residential occupancy. 35.3.2 Protection from Hazards. 35.3.2.1 Rooms containing high-pressure boilers, refrigerating machinery, transformers, or other service equipment subject to possible explosion shall not be located directly under or adjacent to exits, and such rooms shall be effectively separated from other parts of the building as specified in Section 8.7. 35.3.2.2 Hazardous areas, which shall include, but shall not be limited to, the following, shall be separated from other parts of the building by construction having a minimum 1-hour fire resistance rating, with communicating openings protected by approved self-closing fire doors and be equipped with automatic fire-extinguishing systems: (1) Boiler and heater rooms (2) Laundries (3) Repair shops (4) Rooms or spaces used for storage of combustible supplies and equipment in quantities deemed hazardous by the authority having jurisdiction Exception to (1): Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes. 35.3.3 Interior Finish. 35.3.3.1 General. Interior finish shall be in accordance with Section 10.2. 35.3.3.2 Interior Wall and Ceiling Finish. Interior wall and ceiling finish materials complying with Section 10.2 shall be in accordance with the following: (1) Exit enclosures - Class A (2) Lobbies and corridors - Class B (3) Rooms and enclosed spaces - Class B 35.3.3.3 Interior Floor Finish. 35.3.3.3.1 Interior floor finish shall comply with Section 10.2. 35.3.3.3.2 Interior floor finish in exit enclosures and exit access corridors and spaces not separated from them by walls complying with 35.3.6 shall be not less than Class II. 35.3.3.3.3 Interior floor finish shall comply with 10.2.7.1 or 10.2.7.2, as applicable. 35.3.4 Detection, Alarm, and Communications Systems. 35.3.4.1 General. A fire alarm system shall be provided in accordance with Section 9.6. 34.3.4.2 Initiation. The required fire alarm system shall be initiated by each of the following: (1) Manual means in accordance with 9.6.2. (2) Manual fire alarm box located at a convenient central control point under continuous supervision of responsible employees. (3) Required automatic sprinkler system. (4) Required smoke and heat detection systems, other than sleeping room smoke alarms. 35.3.4.3 Annunciator Panel. An annunciator panel, connected to the fire alarm system, shall be provided at a location readily accessible from the primary point of entry for emergency response personnel. 35.3.4.4 Notification 35.3.4.4.1 Occupant Notification. Occupant notification shall be provided automatically, without delay, by internal audible alarm in accordance with 9.6.3. 35.3.4.4.2 High-Rise Buildings. High-rise buildings shall be provided with an approved emergency voice communication/alarm system in accordance with 11.8.4. 35.3.4.5 Emergency Forces Notification. 35.3.4.5.1 Fire department notification shall be accomplished in accordance with 9.6.4. 35.3.4.5.2 Where the existing fire alarm system does not provide for automatic emergency forces notification in accordance with 9.6.4, provisions shall be made for the immediate notification of the public fire department by either telephone or other means, or, where there is no public fire department, notification shall be made to the private fire brigade. 35.3.4.5.3 Where a new fire alarm system is installed, or the existing fire alarm system is replaced, emergency forces notification shall be provided in accordance with 9.6.4. 35.3.4.6 Detection. 35.3.4.6.1 Smoke Alarms. Smoke alarms shall be provided in accordance with 35.3.4.6.1.1, 35.3.4.6.1.2, or 35.3.4.6.1.3. 35.3.4.6.1.1 Each sleeping room shall be provided with an approved smoke alarm in accordance with 9.6.2.10 that is powered from the building electrical system. 35.3.4.6.1.2 Existing battery-powered smoke alarms, rather than building electrical service-powered smoke alarms, shall be accepted where, in the opinion of the authority having jurisdiction, the facility has demonstrated that testing, maintenance, and battery replacement programs ensure the reliability of power to the smoke alarms. 35.3.4.6.1.3 The provisions of 9.6.8.10.1 and 9.6.8.10.2.2 shall also apply. 35.3.4.7 Smoke Detection Systems. 35.3.4.7.1 All living areas, as defined in 3.3.22.5, and all corridors shall be provided with smoke detectors that comply with NFPA 72, National Fire Alarm and Signaling Code , and are arranged to initiate an alarm that is audible in all sleeping areas, as modified by 35.3.4.7.2. 35.3.4.7.2 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements with one or more sides along the long dimension fully or extensively open to the exterior at all times. 35.3.5 Extinguishment Requirements. 35.3.5.1 General. Where an automatic sprinkler system is installed, for either total or partial building coverage, the system shall be installed in accordance with Section 9.7, as modified by 35.3.5.1.1. 35.3.5.1.1 In buildings four or fewer stories above grade plane, systems in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height , shall be permitted. 35.3.5.1.1.1 The exemptions found in NFPA 13R for the sprinkling all closets and bathrooms regardless of size or construction shall not be applicable to assisted living community occupancies under this chapter. 35.3.5.2 Impractical Evacuation Capability. All facilities having impractical evacuation capability shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1) (full NFPA 13 System) or increase staffing to achieve evacuation of all residents to a point of safety within 13 minutes. 35.3.5.3 High-Rise Buildings. All high-rise buildings shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 35.3.5. Such systems shall initiate the fire alarm system in accordance with Section 9.6. 35.3.5.4 Attics shall be protected in accordance with 35.3.5.4.1 or 35.3.5.4.2 35.3.5.4.1 Where an automatic sprinkler system is installed, attics or areas within attics used for living purposes, storage, or fuel-fired equipment shall be protected with automatic sprinklers that are part of the required, approved automatic sprinkler system in accordance with 9.7.1.1. 35.3.5.4.2 Where an automatic sprinkler system is installed, attics not used for living purposes, storage, or fuel-fired equipment shall meet one of the following criteria: (1) Attics shall be protected throughout by a heat detection system arranged to activate the building fire alarm system in accordance with Section 9.6. (2) Attics shall be protected with automatic sprinklers that are part of the required, approved automatic sprinkler system in accordance with 9.7.1.1. 35.3.5.5 Supervision . Automatic sprinkler systems shall be supervised in accordance with Section 9.7. 35.3.5.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in accordance with 9.9. 35.3.6 Corridors and Separation of Sleeping Rooms. 35.3.6.1 Access shall be provided from every resident use area to not less than one means of egress that is separated from all other rooms or spaces by walls complying with 35.3.6.1.1, 35.3.6.1.3 or 35.3.6.1.4. 35.3.6.1.1 Sleeping rooms shall be separated from corridors, living areas, kitchens and all other areas by walls having a minimum 1/2-hour fire resistance rating. 35.3.6.1.2 Prompt evacuation capability facilities in buildings two or fewer stories in height, where not less than one required means of egress from each sleeping room provides a path of travel to the outside without traversing any corridor or other spaces exposed to unprotected vertical openings, living areas, and kitchens, shall not be required to comply with 35.3.6.1.1. 35.3.6.1.3 Rooms or spaces, other than sleeping rooms and hazardous areas, shall be separated from corridors by smoke partitions in accordance with Section 8.4, and the provisions of 8.4.3.5 shall not apply. 35.3.6.2 Except for Hazardous areas, in buildings protected throughout by an approved automatic sprinkler system in accordance with 9.7.1.1(1), walls may be smoke partitions in accordance with Section 8.4, and the provisions of 8.4.3.5 shall not apply. 35.3.6.3 Hazardous areas shall be separated from corridors in accordance with 35.3.2. 35.3.6.4 Doors in walls required by 35.3.6.1 or 35.3.6.2 shall comply with 35.3.6.4.1 or 35.3.6.4.2. 35.3.6.4.1 Doors shall have a minimum 20-minute fire protection rating. 35.3.6.4.2 Solid-bonded wood-core doors of not less than 1 3/4 in. (44 mm) thickness shall be permitted to continue in use. 35.3.6.5 Doors in walls required by 35.3.6.1 and 35.3.6.2 shall comply with 35.3.6.5.1 and 35.3.6.6. 35.3.6.5.1 Door-closing devices shall not be required on doors in corridor wall openings, other than those serving exit enclosures, smoke barriers, enclosures of vertical openings, and hazardous areas. 35.3.6.6 No louvers, transfer grilles, operable transoms, or other air passages, other than properly installed heating and utility installations, shall penetrate the walls or doors specified in 34.3.6. 35.3.7 Subdivision of Building Spaces. The requirements of 35.3.7.1 through 35.3.7.6 shall be met for all sleeping floors, unless otherwise permitted by 35.3.7.7. 35.3.7.1 Every sleeping room floor shall be divided into not less than two smoke compartments of approximately the same size, with smoke barriers in accordance with Section 8.5, unless otherwise indicated in 35.3.7.4, 35.3.7.5, and 35.3.7.6 35.3.7.1.1 Smoke barriers shall not be required in buildings having prompt or slow evacuation capability where each sleeping room is provided with exterior ways of exit access arranged in accordance with 7.5.3. 35.3.7.2 Each smoke compartment shall have an area not exceeding 22,500 ft2 (2100 m2). 35.3.7.3 The travel distance from any point to reach a door in the required smoke barrier shall be limited to a distance of 200 ft. (61 m). 35.3.7.3.1 Additional smoke barriers shall be provided such that the travel distance from a sleeping room corridor door to a smoke barrier shall not exceed 150 ft. (46 m). 35.3.7.4 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy located above the assisted living community occupancy. 35.3.7.5 Smoke barriers shall not be required in areas that do not contain an assisted living community occupancy and that are separated from the assisted living community occupancy by a fire barrier complying with Section 8.3. 35.3.7.6 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy and that are more than one story below the assisted living community occupancy. 35.3.7.7 Smoke barriers shall not be required in open parking structures protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1). 35.3.7.8 Smoke barriers shall be constructed in accordance with Section 8.5 and shall have a minimum 1-hour fire resistance rating, unless they meet the requirement of 35.3.7.9 or 35.3.7.10. 35.3.7.9 Where an atrium is used, smoke barriers shall be permitted to terminate at an atrium wall constructed in accordance with 8.6.7(1)(c), in which case not less than two separate smoke compartments shall be provided on each floor. 35.3.7.10 Dampers shall not be required in duct penetrations of smoke barriers in fully ducted heating, ventilating, and air-conditioning systems. 35.3.7.11 Not less than 15 net ft2 (1.4 net m2) per resident shall be provided within the aggregate area of corridors, lounge or dining areas, and other low hazard areas on each side of the smoke barrier. 35.3.7.12 On stories not housing residents, not less than 6 net ft2 (0.56 net m2) per occupant shall be provided on each side of the smoke barrier for the total number of occupants in adjoining compartments. 35.3.7.13 Doors in smoke barriers shall be substantial doors, such as 1 3/4 in. (44 mm) thick, solid- bonded wood-core doors, or shall be of construction that resists fire for a minimum of 20 minutes. 35.3.7.14 Nonrated factory- or field-applied protective plates extending not more than 48 in. (1220 mm) above the bottom of the door shall be permitted. 35.3.7.15 Cross-corridor openings in smoke barriers shall be protected by a pair of swinging doors or a horizontal-sliding door complying with 7.2.1.14. 35.3.7.16 Swinging doors shall be arranged so that each door swings in a direction opposite from the other. 35.3.7.17 Doors in smoke barriers shall comply with 8.5.4 and shall be self-closing or automatic-closing in accordance with 7.2.1.8. 35.3.7.18 Vision panels consisting of fire-rated glazing or wired glass panels in approved frames shall be provided in each cross-corridor swinging door and in each cross-corridor horizontal-sliding door in a smoke barrier. 35.3.7.19 Rabbets, bevels, or astragals shall be required at the meeting edges, and stops shall be required at the head and sides of door frames in smoke barriers. 35.3.7.20 Positive latching hardware shall not be required. 35.3.7.21 Center mullions shall be prohibited. 35.3.8 Cooking Facilities. Cooking facilities, other than those within individual residential units, shall be protected in accordance with 9.2.3. 35.3.9 Standpipes. 35.3.9.1 General. Where required, standpipe and hose systems shall be installed and maintained in accordance with 9.10. 35.3.9.2 In High-Rise Buildings. Class I standpipe systems shall be installed throughout all high-rise buildings. 35.3.9.3 Roof Outlets. Roof outlets shall not be required on roofs having a slope of 3 in 12 or greater. 35.4 Special Provisions. 35.4.1 High-Rise Buildings. High-rise buildings shall comply with Section 11.8. 35.5 Reserved. 35.6 Building Services. 35.6.1 Heating, Ventilating, and Air-Conditioning. 35.6.1.1 Heating, ventilating, and air-conditioning equipment shall comply with Section 9.2. 35.6.1.2 No stove or combustion heater shall be located such that it blocks escape in case of fire caused by the malfunction of the stove or heater. 35.6.1.3 Unvented fuel-fired heaters shall not be used in any assisted living community occupancy. 35.6.3 Elevators, Dumbwaiters, and Vertical Conveyors. Elevators, dumbwaiters, and vertical conveyors shall comply with Section 9.4. 35.6.3.2 In high-rise buildings, one elevator shall be provided with a protected power supply and shall be available for use by the fire department in case of emergency. 35.6.4 Rubbish Chutes, Incinerators, and Laundry Chutes. Rubbish chutes, incinerators, and laundry chutes shall comply with Section 9.5. 35.7 Operating Features. 35.7.1 Emergency Planning and Preparedness. Assisted living community facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. The provisions of this Section 35.7 shall be incorporated into the plans, training and safety practices developed by the facility. 35.7.2 Emergency Plan. 35.7.2.1 The administration of every residential assisted living community facility shall have, in effect and available to all supervisory personnel, written copies of a plan for protecting all persons in the event of fire, for keeping persons in place, for evacuating persons to areas of refuge, and for evacuating persons from the building when necessary. 35.7.2.2 The emergency plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is admitted to the home. 35.7.2.3 All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, and such instruction shall be reviewed by the staff not less than every 2 months. 35.7.2.4 A copy of the plan shall be readily available at all times within the facility. 35.7.3 Resident Training. 35.7.3.1 All residents participating in the emergency plan shall be trained in the proper actions to be taken in the event of fire. 35.7.3.2 The training required by 35.7.3.1 shall include actions to be taken if the primary escape route is blocked. 35.7.3.3 If the resident is given rehabilitation or habilitation training, training in fire prevention and the actions to be taken in the event of a fire shall be a part of the training program. 35.7.3.4 Residents shall be trained to assist each other in case of fire to the extent that their physical and mental abilities permit them to do so without additional personal risk. 35.7.4 Emergency Egress and Relocation Drills. Emergency egress and relocation drills shall be conducted in accordance with 35.7.4.1 through 35.7.4.6. 35.7.4.1 Emergency egress and relocation drills shall be conducted not less than once per quarter on each shift at alternating times. It is intended that staff and residents be trained and drilled based on fire and other emergencies that may occur during the periods of lowest staffing levels. This may require more than one drill per quarter on shifts with the lowest staffing levels." 35.7.4.2 The emergency drills shall be permitted to be announced to the residents in advance. 35.7.4.3 The drills shall involve the training of residents for the eventual actual evacuation of all residents to an assembly point, as specified in the emergency plan, and shall provide residents with experience in egressing through all exits and means of escape required by this Code . 35.7.4.3.1. The assembly point shall be a place outside of the building and shall be located a safe distance from the building being evacuated so as to avoid interference with fire department operations. A refuge area within a smoke compartment in buildings separated by smoke barriers shall be considered a temporary assembly point as part of a staged evacuation. 35.7.4.3.2. Buildings with smoke compartments shall be allowed to train residents to temporarily escape in a staged evacuation to another smoke compartment separated by smoke barriers. Residents shall be allowed to complete the training exercise on the other side of an adjacent smoke barrier. Residents shall still be trained to eventually complete building evacuation during an actual emergency evacuation. Residents shall be required to participate in one emergency egress and relocation drill per year where they continue to an assembly point outside of the building. 35.7.4.3.3. Residents, as a group, shall be required to complete the evacuation drill to an exit or across a smoke barrier in less than 13 minutes or shall be required to change its group evacuation capability and comply with Section 35.1.8. 35.7.4.4 Exits and means of escape not used in any drill shall not be credited in meeting the requirements of this Code for assisted living community facilities. 35.7.4.5 Actual exiting from windows shall not be required to comply with 35.7.3; opening the window and signaling for help shall be an acceptable alternative. 35.7.4.6 If the assisted living community facility has an evacuation capability classification of impractical, those residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill. 35.7.5 Smoking. 35.7.5.1 Smoking regulations shall be adopted by the administration of assisted living community occupancies. 35.7.5.2 Where smoking is permitted, noncombustible safety-type ashtrays or receptacles shall be provided in convenient locations. 35.7.6 Furnishings, Mattresses, and Decorations. 35.7.6.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations shall comply with 35.7.6.1.1 and 35.7.6.1.2. 35.7.6.1.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations in assisted living community facilities shall be in accordance with the provisions of 10.3.1, unless otherwise permitted by 35.7.6.1.2. 35.7.6.1.2 In other than common areas, new draperies, curtains, and other similar loosely hanging furnishings and decorations shall not be required to comply with 35.7.6.1.1 where the building is protected throughout by an approved automatic sprinkler system installed in accordance with 35.3.6. 35.7.6.2 New upholstered furniture within assisted living community facilities shall comply with 35.7.6.2.1 or 35.7.6.2.2. 35.7.6.2.1 New upholstered furniture shall be tested in accordance with the provisions of 10.3.2.1(1) and 10.3.3. 35.7.6.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 35.7.6.3 Newly introduced mattresses within assisted living community facilities shall comply with 35.7.6.3.1 or 35.7.6.3.2. 35.7.6.3.1 Newly introduced mattresses shall be tested in accordance with the provisions of 10.3.2.2 and 10.3.4. 35.7.6.3.2 Mattresses belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 35.7.7 Staff. Staff shall be on duty and in the facility at all times when residents requiring evacuation assistance are present. 35.7.8 Inspection of Door Openings. Door assemblies for which the door leaf is required to swing in the direction of egress travel shall be inspected and tested not less than annually in accordance with 7.2.1.15." (ff) Modification to Chapter 36: 1. Add a new subparagraph 36.3.2.1.3 to read as follows: 36.3.2.1.3 "Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input shall not be subject to the provisions of 36.3.2.1. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Add a new subparagraph 36.3.5.1.1. to read as follows: 36.3.5.1.1 "Individual tenant spaces located in covered mall buildings shall be provided with electrically supervised control valves. Such control valves shall be located off supply mains to control each individual tenant space. 36.3.5.1.1.1 Multiple tenant spaces shall be permitted to be controlled by one control valve provided the total area covered by the single valve does not exceed 7,500 square feet (696.8 sq. m)." 3. Delete subparagraph 36.4.5.6 in its entirety and substitute in its place the following: 36.4.5.6 " Emergency Planning and Preparedness. Bulk merchandising and mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." 4. Delete subsections 36.7.1, 36.7.2, 36.7.3, and 36.7.4 in their entirety and substitute in their place the following: 36.7.1 " Emergency Planning and Preparedness. Mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 36.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 36.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 36.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (gg) Modification to Chapter 37: 1. Add a new subparagraph 37.3.2.1.3 to read as follows: 37.3.2.1.3 "The provisions of 37.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Delete subsections 37.7.1, 37.7.2, 37.7.3, and 37.7.4 in their entirety and substitute in their place the following: 37.7.1 " Emergency Planning and Preparedness. Mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 37.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 37.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 37.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.8 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (hh) Modification to Chapter 38: 1. Delete subparagraph 3 8.2.2.2.6 in its entirety and substitute in its place the following: 38.2.2.2.6 "Delayed egress locks complying with 7.2.1.6.1 shall be permitted, provided, however, not more than one such device shall be permitted in the means of egress path involved." 2. Delete subparagraph 38.2.2.2.7 in its entirety and substitute in its place the following: 38.2.2.2.7 "Access-controlled egress doors complying with 7.2.1.6.2 shall be permitted. For elevator lobby exit access doors see 38.2.2.2.3 and 7.2.1.6.3 (14)." 3. Add a new subparagraph 38.3.2.1.1 to read as follows: 38.3.2.1.1 "The provisions of 38.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 4. Delete subsections 38.7.1, 38.7.2, 38.7.3, and 38.7.4 in their entirety and substitute in their place the following: 38.7.1 " Emergency Planning and Preparedness. Business occupancies (Group B) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 38.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 38.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 38.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.8 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (ii) Modification to Chapter 39: 1. Add a new subparagraph 39.3.2.1.1 to read as follows: 39.3.2.1.1 "The provisions of 39.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Delete subsections 39.7.1, 39.7.2, 39.7.3, and 39.7.4 in their entirety and substitute in their place the following: 39.7.1 " Emergency Planning and Preparedness. Business occupancies (Group B) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner. 39.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 39.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 39.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.8 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (jj) Modification to Chapter 40: 1. Delete subsection 40.3.5 in its entirety and insert in its place the following: "40.3.5 Extinguishment Requirements. 40.3.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all industrial occupancies classified as Group F and/or Group H occupancies as in the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, on each floor in accordance with 9.9 of this Code . 40.3.5.2 Automatic fire suppression systems. Automatic fire suppression systems shall be installed in industrial occupancies as required by the International Building Code , adopted by the Georgia Department of Community Affairs, with regard to construction type, area and height requirements, and other features as set forth in Table 1.4.4, CODES REFERENCE GUIDE. In addition, automatic fire suppression systems, and/or specialized automatic fire suppression systems, as required by the fire code authority having jurisdiction in accordance with the International Fire Code or other codes and standards adopted by the Georgia Safety Fire Commissioner, shall be installed and maintained in accordance with the provisions of the applicable codes and standards." 2. Delete subsections 40.7.1 in its entirety and substitute in its place the following: 40.7.1 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in industrial occupancies. 3. Add new section 40.8 to read as follows: "40.8 Emergency Planning and Preparedness. 40.8.1 Emergency Planning and Preparedness. Industrial occupancies otherwise classified under Group F and/or Group H in the International Fire Code , shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 40.8.2 Employee Training and Response Procedures. Employees in the occupancies listed in Section 404.2 of the International Fire Code as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall be trained in the fire emergency procedures described in their fire evacuation and life safety plans. Training shall be based on these plans and as described in Section 404.3 of the noted International Fire Code ." (kk) Modification to Chapter 42: 1. Delete subsection 42.3.5 in its entirety and substitute in its place the following: "42.3.5 Extinguishment Requirements. 42.3.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all storage occupancies in accordance with 9.9. 42.3.5.2 Automatic fire suppression systems. Automatic fire suppression systems shall be installed in storage occupancies as required by the International Building Code , adopted by the Georgia Department of Community Affairs, with regard to construction type, area and height requirements, and other features as set forth in Table 1.4.4, CODES REFERENCE GUIDE . In addition, automatic fire suppression systems, and/or specialized automatic fire suppression systems, as required by the fire code authority having jurisdiction in accordance with the International Fire Code or other codes and standards adopted by the Georgia Safety Fire Commissioner, shall be installed and maintained in accordance with the provisions of the applicable codes and standards." 2. Delete subsections 42.9.1 in its entirety and substitute in its place the following: 42.9.1 " Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in storage occupancies. 3. Add a new section 42.10 to read as follows: "42.10 Emergency Planning and Preparedness. 42.10.1 Emergency Planning and Preparedness. Storage occupancies (Group S) and High Hazard occupancies (Group H) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code , as adopted by the Rules and Regulations of the Safety Fire Commissioner." (ll) Modifications to Chapter 43: 1. Add a new subparagraph 43.1.4.5.1 to read as follows: 43.1.4.5.1 "The provisions of 43.1.4.5 shall specifically apply to compliance with the International Fire Code (IFC) and other codes and standards promulgated and adopted with modifications by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Accessibility issues shall be addressed in accordance with Chapter 120-3-20 of the Rules and Regulations of the Safety Fire Commissioner. Where any of the provisions of this Code chapter require compliance with a building code, it shall be construed that compliance is required as applicable with the International Building Code ( IBC ), as adopted by the Georgia Board of Community Affairs. Also, refer to 120-3-3-.01 , 120-3-3-.02 , 120-3-3-.03 , and 120-3-3-.04(1) of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 2. Add a new paragraph 43.7.2.6 to read as follows: 43.7.2.6 "The provisions of 43.7.2.4 and 43.7.2.5 shall be permitted to be modified by the authority having jurisdiction provided the intents and purposes of 102.3, 102.4, and 102.6 of the International Fire Code (IFC) , as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner are met." 3. Delete subsections 43.10.1 and 43.10.2 in their entirety and substitute in their place the following: 43.10.1 " General Requirements. Table 43.7.3 Hazard Categories and Classifications in 43.7.3 of this Code may be utilized as may be deemed appropriate by the authority having jurisdiction in the evaluation of historic buildings. 43.10.2 Application. The provisions of Chapter 43 shall be deemed as advisory and may be applied to buildings designated as historic to the degree deemed appropriate by the authority having jurisdiction, provided, however, the application of Chapter 43 and 43.10 provisions shall be coordinated as needed to ensure compliance with the requirements, intents, and purposes of 103.3, 102.4, and 102.6 of the International Fire Code (IFC) as adopted with modifications by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner are met." (mm) Modifications to Annex A: Add a new (4) to A.3.3.196.7 to read as follows: (4) "Assisted Living Communities" Delete (5) from A.3.3.196.12 in its entirety and substitute in its place the following: (5) "Community Living Arrangements with five or more residents" 3. Delete (1) from A.3.3.196.13 in its entirety and substitute in its place the following: (1) "One- and two-family dwellings and Community Living Arrangements with fewer than five residents (Chapter 24)" 4. Add a new (4) to A.6.1.5.1 to read as follows: (4) "Assisted Living Communities" 5. Delete (5) from A.6.1.9.1 in its entirety and substitute in its place the following:" (5) Community Living Arrangements with five or more residents"

(73) NFPA 101A, 2013 Edition, Guide on Alternative Approaches to Life Safety Modifications: (a) Modifications to Chapter 1: 1. Add a new Section 1.4 to read as follows: 1.4 "This document is recognized strictly as a guide that may be used in evaluating systems or methods to determine equivalent compliance alternatives for buildings, structures and facilities which do not conform to the minimum requirements of the LSC adopted by this Chapter. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards including the IFC adopted by this Chapter."

(74) NFPA 102, 2016 Edition, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures Modifications: 1. The 2016 edition of NFPA 102 is NOT adopted. The basic provisions of this standard have been incorporated into the 2018 Edition of NFPA 101, Life Safety Code as adopted by this Chapter 120-3-3. The provisions of the adopted Life Safety Code shall apply, as appropriate, to new and existing bleachers, grandstands, folding and telescopic seating. The Life Safety Code in coordination with the applicable provisions of the adopted edition of the International Fire Code shall apply to tents and membrane structures. 2. The following apply to facilities constructed prior to the effective date of the current Chapter of 120-3-3 Rules and regulations of the Safety Fire Commissioner. (a) Facilities constructed after April 1, 1968 but before January 1, 1991, shall be permitted to comply with the 1978 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (b) Facilities constructed after January 1, 1991, but before January 28, 1993, shall be permitted to comply with the 1986 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (c) Facilities constructed after January 28, 1993, but before March 09, 2010, shall be permitted to comply with the 1992 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (d) Facilities constructed after March 09, 2010, but before January 1, 2014, shall be permitted to comply with the 2006 edition of NFPA 102, which had been previously adopted."

(75) NFPA 105, 2019 Edition, Smoke Door Assemblies and Other Opening Protectives Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.6 to read as follows: 1.6 "This document is recognized strictly as a recommended practice that may be used in evaluating the use of door assemblies in openings where the passage of smoke is to be governed. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(76) NFPA 110, 2019 Edition, Standard for Emergency and Standby Power Systems Modifications: None

(77) NFPA 111, 2019 Edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems Modifications: None

(78) NFPA 115, 2020 Edition, Recommended Practice on Laser Fire Protection Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly as a recommended practice that may be used in evaluating the minimum fire protection criteria for the design, manufacture, installation, and use of lasers and associated equipment. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(79) NFPA 120, 2015 Edition, Standard for Coal Preparation Plants Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications.

(80) NFPA 122, 2015 Edition, Standard for Fire Prevention and Control in Metal / Nonmetal Mining and Metal Mineral Processing facilities Modifications: None

(81) NFPA 130, 2017 Edition, Standard for Fixed Guideway Transit and Passenger Rail Systems Modifications: None

(82) NFPA 140, 2018 Edition, Standard for Motion Picture and Television Production Studio Soundstages and Approved Facilities Modifications: None

(83) NFPA 150, 2019 Edition, Standard on Fire and Life Safety in Animal Housing Facilities Modifications: None

(84) NFPA 160, 2016 Edition, Standard for Flame Effects Before an Audience Modifications: None

(85) NFPA 170, 2018 Edition, Standard for Fire Safety Symbols Modifications: None

(86) NFPA 204, 2018 Edition, Standard for Smoke and Heat Venting Modifications: None

(87) NFPA 211, 2019 Edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel Burning Appliances Modifications: None

(88) NFPA 214, 2016 Edition, Standard on Water-Cooling Towers Modifications: None

(89) NFPA 220, 2018 Edition, Standard on Types of Building Construction Modifications: None

(90) NFPA 221, 2018 Edition, Standard for Fire Walls and Fire Barrier Walls Modifications: None

(91) NFPA 232, 2017 Edition, Standard for the Protection of Records Modifications: None

(92) NFPA 241, 2019 Edition, Standard for Safeguarding Construction, Alteration, and Demolition Operations Modifications: None

(93) NFPA 252, 2017 Edition, Standard Methods of Fire Tests of Door Assemblies Modifications: None

(94) NFPA 253, 2019 Edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source Modifications: None

(95) NFPA 257, 2017 Edition, Standard on Fire Test for Window and Glass Block Assemblies Modifications: None

(96) NFPA 259, 2018 Edition, Standard Test Method for Potential Heat of Building Materials Modifications: None

(97) NFPA 260, 2019 Edition, Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture Modifications: None

(98) NFPA 261, 2018 Edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes Modifications: None

(99) NFPA 262, 2019 Edition, Standard Method of Test for Flame Travel and Smoke of Wires and Cables for Use in Air-Handling Spaces Modifications: None

(100) NFPA 265, 2019 Edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on Full Height Panels and Walls Modifications: None

(101) NFPA 268, 2017 Edition, Standard Test Method for Determining Ignitability of Exterior Wall Assemblies Using a Radiant Heat Energy Source Modifications: None

(102) NFPA 269, 2017 Edition, Standard Test Method for Developing Toxic Potency Data for Use in Fire Hazard Modeling Modifications: None

(103) NFPA 270, 2018 Edition, Standard Method of Test for Measurement of Smoke Obstruction Using a Conical Radiant Source in a Single Closed Chamber Modifications: None

(104) NFPA 274, 2018 Edition , Standard Test Method to Evaluate Fire Performance Characteristics of Pipe Insulation Modifications: None

(105) NFPA 275, 2017 Edition, Standard Test Method of Fire Tests for the Evaluation of Thermal Barriers Used Over Foam Plastic Insulation Modifications: None

(106) NFPA 276, 2019 Edition, Standard Method of Fire Test for Determining the Heat Release Rate of Roofing Assemblies with Combustible Above-Deck Roofing Components Modifications: None

(107) NFPA 285, 2019 Edition, Standard Method of Test for the Evaluation of Flammability Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components Using the Intermediate-Scale, Multistory Test Apparatus Modifications: None

(108) NFPA 286, 2019 Edition, Standard Method of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth Modifications: None

(109) NFPA 287, 2017 Edition, Standard Methods for Measurement of Flammability of Materials in Cleanrooms Using a Fire Propagation Apparatus (FPA) Modifications: None

(110) NFPA 288, 2017 Edition, Standard Methods of Fire Tests of Floor Fire Door Assemblies Installed Horizontally in Fire Resistance-Rated Floor Systems Modifications: None

(111) NFPA 289, 2019 Edition, Standard Method of Fire Test for Individual Fuel Packages Modifications: None

(112) NFPA 291, 2018 Edition , Recommended Practice for Fire Flow Testing and Marking of Hydrants Modifications: 1. Add a new subsection 1.1.1 to read as follows: 1.1.1 "This document is recognized strictly as a recommended practice that may be used in evaluating the design of facilities for the emergency venting of products of combustion. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(113) NFPA 302, 2015 Edition, Fire Protection Standard for Pleasure and Commercial Motor Craft Modifications: None

(114) NFPA 303, 2016 Edition, Fire Protection Standard for Marinas and Boatyards Modifications: None

(115) NFPA 306, 2019 Edition, Standard for the Control of Gas Hazards on Vessels Modifications: None

(116) NFPA 307, 2016 Edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves Modifications: None

(117) NFPA 312, 2016 Edition, Standard for Fire Protection of Vessels During Construction, Repair, and Lay-Up Modifications: None

(118) NFPA 318, 2018 Edition, Standard for the Protection of Semiconductor Fabrication Facilities Modifications: None

(119) NFPA 326, 2020 Edition, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning or Repair Modifications: (a) Refer to Chapter 120-3-11, Rules of the Safety Fire Commissioner, for the adopted edition and any modifications.

(120) NFPA 329, 2020 Edition, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(121) NFPA 385, 2017 Edition, Standard for Tank Vehicles for Flammable and Combustible Liquids Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications.

(122) NFPA 400, 2019 Edition, Hazardous Materials Code Modifications: None

(123) NFPA 407, 2017 Edition, Standard for Aircraft Fuel Servicing Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications.

(124) NFPA 408, 2017 Edition, Standard for Aircraft Hand Portable Fire Extinguishers Modifications: None

(125) NFPA 409, 2016 Edition, Standard on Aircraft Hangars Modifications: None

(126) NFPA 410, 2020 Edition, Standard on Aircraft Maintenance Modifications: None

(127) NFPA 415, 2016 Edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways Modifications: None

(128) NFPA 418, 2016 Edition, Standard for Heliports Modifications: None

(129) NFPA 423, 2016 Edition, Standard for Construction and Protection of Aircraft Engine Test Facilities Modifications: None

(130) NFPA 424, 2018 Edition, Guide for Airport / Community Emergency Planning Modifications: 1. Add a new subsection 1.1.1 to read as follows: 1.1.1 "This document is recognized strictly as a guide to provide information for the elements of an airport/community emergency plan. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(131) NFPA 484, 2019 Edition, Standard for Combustible Metals Modifications: (1) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this standard and the adopted edition and any modifications.

(132) NFPA 495, 2018 Edition, Explosive Materials Code Modifications: (1) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(133) NFPA 496, 2017 Edition, Standard for Purged and Pressurized Enclosures for Electrical Equipment Modifications: (1) Refer to Chapter 120-3-10, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(134) NFPA 497, 2017 Edition, Recommended Practice for the Classification of Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) Locations for Electrical Installations in Chemical Process Areas Modifications: (a) Modifications to Chapter 1: 1. Add a new paragraph 1.1.6 to read as follows: 1.1.6 "This document is recognized strictly as a recommended practice for locations where flammable gases or vapors, flammable liquids, or combustible liquids are processed or handled and where their release into the atmosphere may result in their ignition by electrical systems or equipment. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(135) NFPA 498, 2018 Edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives Modifications: (a) Refer to Chapter 120-3-10, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(136) NFPA 501A, 2017 Edition, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities Modifications: None

(137) NFPA 502, 2017 Edition, Standard for Road Tunnels, Bridges, and Other Limited Access Highways Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.5 to read as follows: 1.1.5 "This document is recognized strictly as a recommended practice for the evaluation of the design, construction, operation, maintenance, and fire protection of limited access highways, tunnels, bridges, elevated roadways, depressed roadways and air-right structures. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(138) NFPA 505, 2018 Edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations Modifications: None

(139) NFPA 520, 2016 Edition, Standard on Subterranean Spaces Modifications: None

(140) NFPA 551, 2019 Edition, Standard on Evaluation of Fire Risk Assessments Modifications: None

(141) NFPA 555, 2017 Edition, Guide on Methods for Evaluating Potential for Room Flashover Modifications: (a) Modifications to Chapter 1: 1. Add a new paragraph 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly a guide for evaluating the potential for room flashover from fire involving the contents, furnishings, and the interior finish of a room. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(142) NFPA 557, 2020 Edition, Standard for Determination of Fire Loads for Use in Structural Fire Protection Design Modifications: None

(143) NFPA 600, 2015 Edition, Standard on Industrial Fire Brigades Modifications: (a) Modifications to Chapter 1: 1. Delete subsection 1.1.3 in its entirety and substitute in its place the following: 1.1.3 "This document is recognized as a recommended practice for the establishment of the minimum requirements for organizing, operating, training and equipping industrial fire brigades. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(144) NFPA 652, 2019 Edition, Standard on Fundamentals of Combustible Dust Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications.

(145) NFPA 654, 2017 Edition, Standard for the Prevention of Fire and Dust Explosions from Manufacturing, Processing, and Handling of Combustible Particulate Solids Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications.

(146) NFPA 655, 2017 Edition, Standard for Prevention of Sulfur Fires and Explosions Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications.

(147) NFPA 664, 2017 Edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications if Standard industry code is specified in paragraph 1(b) of rule 120-3-24-.02 . All other applications shall be as specified in the 2007 edition of this standard without modification.

(148) NFPA 701, 2019 Edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films Modifications: None

(149) NFPA 703, 2018 Edition, Standard for Fire-Retardant-Treated Impregnated Wood and Fire-Retardant Coatings for Building Materials Modifications: None

(150) NFPA 704, 2017 Edition, Standard System for the Identification of the Hazards of Materials for Emergency Response Modifications: None

(151) NFPA 705, 2018 Edition, Recommended Practice for a Field Flame Test for Textiles and Films Modifications: None

(152) NFPA 715, 2023 Edition, Standard for the Installation of Fuel Gases Detection and Warning Equipment Modifications: None

(153) NFPA 720, 2015 Edition, Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment Modifications: None

(154) NFPA 750, 2019 Edition, Standard on Water Mist Fire Protection Systems Modifications: None

(155) NFPA 780, 2020 Edition, Standard for the Installation of Lighting Protection Systems Modifications: None

(156) NFPA 790, 2018 Edition, Standard for Competency of Third Party Field Evaluation Bodies Modifications: None

(157) NFPA 791, 2018 Edition, Recommended Practice and Procedures for Unlabeled Electrical Equipment Evaluation Modifications: None

(158) NFPA 801, 2014 Edition, Standard for Fire Protection for Facilities Handling Radioactive Materials Modifications: None

(159) NFPA 804, 2015 Edition, Standard for Fire Protection for Advanced Light Water Reactor Electric Generating Plants Modifications: None

(160) NFPA 805, 2015 Edition, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants Modifications: None

(161) NFPA 806, 2015 Edition, Performance-Based Standard for Fire Protection for Advanced Nuclear Reactor Electric Generating Plants Change Process Modifications: None

(162) NFPA 820, 2020 Edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities Modifications: None

(163) NFPA 850, 2015 Edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.1 to read as follows: 1.1.1 "This document is recognized strictly a recommended practice for fire prevention and fire protection for electric generating plants and high voltage direct current converter stations except as specified in 1.1. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(164) NFPA 851, 2010 Edition, Recommended Practice for Fire Protection for Hydroelectric Generating Plants Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.1 to read as follows: 1.1.1 "This document is recognized strictly a recommended practice for fire prevention and fire protection for hydroelectric generating plants. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

(165) NFPA 853, Standard for the Installation of Stationary Fuel Cell Power Systems, 2020 Edition (a) Modifications to Chapter 1: 1. Add new subsection 1.1.3 to read as follows: 1.1.3 Where the requirements of this standard are in conflict with the International Building Code as adopted by the Georgia Department of Community Affairs or the International Fire Code as adopted and modified by this Chapter, the most restrictive requirements shall apply unless otherwise approved by the State Fire Marshal.

(166) NFPA 855, Standard for Installation for Stationary Energy Storage Systems, 2020 Edition (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.1 to read as follows: 1.1.1 Where the requirements of this standard are in conflict with the International Building Code as adopted by the Georgia Department of Community Affairs or the International Fire Code as adopted and modified by this Chapter, the most restrictive requirements shall apply unless otherwise approved by the State Fire Marshal.

(167) NFPA 909, 2017 Edition, Code for the Protection of Cultural Resource Properties - Museums, Libraries, and Places of Worship Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.5 to read as follows: 1.1.5 "This document is recognized strictly as a recommended practice for fire prevention and fire protection for various cultural resources. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is in the form of a stand-alone enforceable code or standard, however, it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance." (b) Modification to Chapter 3: 1. Delete the definition 3.3.25 for Fire Hazard and substitute in its place the following: 3.3.25 " "Fire Hazard" means for the intents and purposes of this Code , an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or information sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines to be a risk to persons, to property, or to the health, safety, and or welfare of the jurisdiction."

(168) NFPA 914, 2019 Edition, Code for Fire Protection of Historic Structures Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: 1.1.3 "This document is recognized strictly as a recommended practice for fire prevention and fire protection of historic structures. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is in the form of a stand-alone enforceable code or standard, however, it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance." (b) Modifications to Chapter 3: 1. Delete the definition 3.3.30 for Fire Hazard and substitute in its place the following: 3.3.30 " "Fire Hazard" means for the intents and purposes of this Code , an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or information sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines to be a risk to persons, to property, or to the health, safety, and or welfare of the jurisdiction."

(169) NFPA 1122, 2018 Edition, Code for Model Rocketry Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(170) NFPA 1123, 2018 Edition, Code for Fireworks Display Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(171) NFPA 1124, Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(172) NFPA 1125, 2017 Edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(173) NFPA 1126, 2016 Edition, Standard for the Use of Pyrotechnics before a Proximate Audience Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(174) NFPA 1127, 2018 Edition, Code for High-Power Rocketry Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(175) NFPA 1142, 2017 Edition, Standard on Water Supplies for Suburban and Rural Fire Fighting Modifications: None

(176) NFPA 1225 Standard for Emergency Services Communications (a) Modifications to Chapter 1 (1) Add a new subsection 1.3.1 to read as follows: 1.3.1 Chapters 1 through 3 and Chapter 18 shall be the standard for In-Building Emergency Responder Communications Enhancement Systems. 2. Add a new section 1.6 Enforcement Requirement: 1.6 Enforcement Requirement Except for 1.3.1 it is intended that this standard shall be administered and enforced by the authority having jurisdiction designated by the local governing authority. (b) Modifications to Chapter 2 1. Add a new subsection 2.2.1 to read as follows: 2.2.1 Refer to the Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3 for the NFPA publication editions that apply to Chapter 18. (c) Modifications to Chapter 18 1. Add a new paragraph 18.2.1.1 to read as follows: 18.2.1.1 Where buildings or facilities fall under the jurisdiction of the Georgia Safety Fire Commissioner as set forth in the Official Code of Georgia Annotated (O.C.G.A.), Title 25, Chapter 2, and for State owned facilities and State occupied facilities that are not provided with a facility fire department, it is intended that the provisions of chapter 18 and subsection 20.3.10 and subparagraph 20.3.10.1 be administered by the local Fire Chief and/or Fire Code Official responsible for providing fire or other emergency response to the buildings or facilities and the frequency license holder(s). 2. Delete subsection 18.8.3 in its entirety and replace with a new subsection 18.8.3 to read as follows: 18.8.3 Critical areas, including fire command centers complying with Section 508 of the International Fire Code as adopted in the Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3, fire pump rooms, exit stairs, exit passageways, elevators, elevator lobbies, standpipe cabinets, sprinkler sectional valve locations, and other areas deemed critical by the AHJ, shall be provided with 99 percent floor area radio coverage.

(177) NFPA 1221, 2019 Edition , Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems Modifications: None

(178) NFPA 1961, 2013 Edition, Standard on Fire Hose Modifications: None

(179) NFPA 1962, 2018 Edition, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose Modifications: None

(180) NFPA 1963, 2019 Edition, Standard for Fire Hose Connections Modifications: None

(181) NFPA 2001, 2018 Edition, Standard on Clean Agent Fire Extinguishing Systems Modifications: (a) Modification to Chapter 8: 1. Delete subsection 8.1.2 in its entirety and substitute in its place the following: 8.1.2 "All persons who could be expected to inspect, test, or maintain, fire extinguishing systems shall be licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated and thoroughly trained and kept thoroughly trained in the functions they are expected to perform." 2. Delete subsection 8.4 in its entirety and substitute in its place the following: 8.4 "At least annually, all systems shall be thoroughly inspected and tested for proper operation by personnel qualified in the installation and testing of clean agent extinguishing systems and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated. Discharge tests shall not be required."

(182) NFPA 2010, 2015 Edition, Fixed Aerosol Fire Extinguishing Systems Modifications: None

(183) International Wildland-Urban Interface Code (IWUIC) , 2012 Edition Modifications: (a) Modifications to Chapter 1: 1. Delete section 101.1 in its entirety and substitute in its place the following: 101.1 " Title. The International Fire Code , 2012 edition, published by the International Code Council , shall be known as a Georgia State Wildland-Urban Interface Code , hereafter referred to as "this Code "." 2. Delete section 101.2 in its entirety and substitute in its place the following: 101.2 " Scope. The provisions of this Code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface areas designated by local jurisdictions by ordinance."(Note: See sample Ordinance on page xi of this Code for application and designated fire area.) Buildings or conditions in existence at the time of the adoption of this Code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this Code , provided such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted by local ordinance."

Ga. Comp. R. & Regs. r. 121-2-.01 Application for Statewide License

Ga. Comp. R. & Regs. r. 121-2-.01 Application for Statewide License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.01. Application for Statewide License

(1)

Applications

for license or certification must be completed in full on a form approved by

the Division and submitted with the required fee.

(2)

The application fee shall be set by the

Board in order to recover costs associated with processing the application.

Fees shall be published in a separate schedule and will be made available to

all applicants. The application fee is non-refundable, unless otherwise

approved by the Executive Director, Deputy Division Director, or Division

Director.

(3)

Applicants for

license or certification must notify the Board, prior to becoming licensed, of

any findings or pleas of guilty or pleas under nolo contendere or under the

"First Offender Act" for the commission of any felony or misdemeanor, other

than minor traffic violations, except that any misdemeanor committed more than

five years prior to application need only be reported upon request.

(4)

The Divisions of the Board may take

disciplinary action on the license or certification of any person guilty of a

felony or any crime involving moral turpitude or crime involving a violation of

the Georgia Controlled Substances Act.

(5)

A qualified applicant with a disability

as defined by the Americans With Disabilities Act may request in writing for

consideration an accommodation for testing and submit appropriate documents, as

indicated in the Request for Disability Accommodation

Guidelines.

Cite as Ga. Comp. R.

& Regs. R. 121-2-.01

Authority: O.C.G.A.

§§ 43-1-19,

43-14-2,

43-14-5,

43-14-6,

43-14-8.1,

43-14-8.2,

43-14-8.3.

History. Original Rule entitled "Fees," was filed as Emergency Rule

121-2-1-0.2-.01 on July 28, 1980;

effective July 22,

1980, the date of adoption, to remain in effect for a period

for 120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and Emergency Rule

121-2-1-0.8-.01 entitled "Qualifications for Licensure," adopted. Filed

September 29, 1980; effective

September 25, 1980,

the date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and permanent Rule

entitled "Qualifications for Licensure" adopted. Filed

November 7, 1980; effective

November 27,

1980.

Amended: Rule repealed by Emergency Rule

121-2-0.14-.01, entitled "Statewide Electrical Contractor License." Filed

April 28, 1981; effective

April 22, 1981, the

date of adoption, to remain in effect for a period for 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and permanent Rule

121-2-.01 of same title, adopted. Filed July 30,

1981; effective August

19, 1981.

Amended: Rule repealed by Emergency Rule

121-2-0.21-.01. Filed March 22, 1983;

effective March 16,

1983, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the Agency.

(Said Emergency Rule expired July 13, 1983.)

Amended: Rule repealed and a new Rule of the same

title adopted. Filed July 13, 1983;

effective August 2,

1983.

Amended: Filed December 6,

1988; effective December

26, 1988.

Repealed: New Rule of same title adopted. F.

Oct. 26, 1989; eff.

Nov. 15,

1989.

Amended: F. Jan. 31,

1991; eff. Feb. 20,

1991.

Amended: F. Jun. 18,

1993; eff. July 8,

1993.

Amended: New Rule entitled "Application for Statewide

License" (i.e., Rule

121-3-.01 renumbered as Rule

121-2-.01). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-2-.03 Statewide License by Reciprocity

Ga. Comp. R. & Regs. r. 121-2-.03 Statewide License by Reciprocity

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.03. Statewide License by Reciprocity

(1)

The respective

Divisions may enter into a formal written agreement with other state licensing

Boards to offer licenses by Endorsement or by Reciprocity.

(2)

A person may be issued a Conditioned Air

Contractor, Electrical Contractor, Low Voltage Contractor, Master Plumber,

Journeyman Plumber, or Utility Manager license by submitting a completed

application, fee, and evidence that they hold a current out-of-state license in

an appropriate classification, with said license having been granted based on

the applicant passing an examination issued and conducted by a licensing board

qualifying under this rule. The applicant must demonstrate through

documentation that he or she meets the prerequisite experience requirements and

must submit other documentation as may be requested by the Board.

(3)

To qualify for purposes of this rule, an

out-of-state licensing board must conduct examinations and have requirements

that are substantially equal to the examination and requirements of this Board

at the time the application for license is filed, provided that a similar

privilege is offered to persons licensed under this Board. The type and

classification of license issued will be determined by this Board based on the

requirements of the other licensing board.

(4)

The appropriate division of the Board may

deny a license under this rule if it appears that the applicant is attempting

to circumvent the requirements of Georgia law by first becoming licensed in

another state, or if the applicant has been the subject of disciplinary action

in the state in which licensed or has committed any act which would be grounds

for disciplinary action in this State.

(5)

Persons licensed under grandfather

provisions who have not passed an examination conducted by a licensing board

qualifying under paragraph (2) of this rule will not qualify for license under

this rule.

Cite as Ga. Comp. R.

& Regs. R. 121-2-.03

Authority: O.C.G.A.

§§ 43-14-5,

43-14-6.

History. Original Rule entitled "Issuance, Renewal and Expiration of

Licenses" adopted as ER. 121-2-0.8-.03. F. Sept. 29,

1980; eff. Sept. 25,

1980, the date of adoption.

Amended: Permanent Rule of same title adopted. F.

Nov. 7, 1980; eff.

Nov. 27,

1980.

Amended: ER. 121-2-0.14-.03 entitled "Statewide

Conditioned Air Contractor License" adopted. F. Apr.

28, 1981; eff. Apr. 22,

1981, the date of adoption.

Amended: Permanent Rule of same title adopted. F.

July 30, 1981; eff.

August 19,

1981.

Amended: ER. 121-2-0.21-.03 adopted. F.

Mar. 22, 1983; eff.

Mar. 16, 1983, the

date of adoption.

Amended: Permanent Rule adopted. F.

July 13, 1983; eff.

August 2,

1983.

Amended: F. July 31,

1984; eff. August 20,

1984.

Repealed: New Rule of same title adopted. F.

Aug. 24, 1989; eff.

Sept. 13,

1989.

Amended: F. Feb. 22,

1990; eff. Mar. 14,

1990.

Amended: F. Jan. 31,

1991; eff. Feb. 20,

1991.

Amended: F. Sept. 16,

1992; eff. Oct. 6,

1992.

Amended: F. June 18,

1993; eff. July 8,

1993.

Amended: F. Dec. 2,

1993; eff. Dec. 22,

1993.

Repealed: New Rule entitled "Conditioned Air

Contractor License" adopted. F. June 29,

2005; eff. July 19,

2005.

Amended: New Rule entitled "Statewide License by

Reciprocity" (i.e., Rule

121-2-.05 entitled "Statewide License

by Endorsement" renumbered as Rule 121-2-.03 with title change). F.

Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-2-.04 Renumbered as Rule 121-3-.06

Ga. Comp. R. & Regs. r. 121-2-.04 Renumbered as Rule 121-3-.06

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.04. Renumbered as Rule 121-3-.06

Cite as Ga. Comp. R.

& Regs. R. 121-2-.04

Authority: O.C.G.A.

§§ 43-14-2,

43-14-5,

43-14-6.

History. Original Rule entitled "Disciplinary Proceedings" was filed as

Emergency Rule 121-2-1-0.8-.04 on September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for 120

days or until the effective date of a permanent Rule covering the same subject

matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and permanent Rule of

the same title adopted. Filed November 7,

1980; effective November

27, 1980.

Amended: Rule repealed by Emergency Rule

121-2-0.14-.04 entitled "Local Geographical Area License." Filed

April 28, 1981; effective

April 22, 1981, the

date of adoption to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-2-0.14-.04 repealed and

permanent Rule 121-2-.04 of the same title, adopted. Filed

July 30, 1981; effective

August 19,

1981.

Amended: Rule repealed. Filed

December 8, 1982; effective

January 1, 1983, as

specified by the Agency.

Amended: Emergency Rule 121-2-0.21-.04 entitled

"Statewide License Without Examination" was filed on March 22, 1983; effective

March 16, 1983, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the subject matter superseding this

Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-2-0.21-.04 repealed and

Emergency Rule 121-2-0.26-.04 adopted. Filed May 24,

1983; effective May 18,

1983, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule 121-2-0.26-.04 repealed and a

permanent Rule of the same title, adopted. Filed August 17, 1983; effective

September 7,

1983.

Amended: Emergency Rule 121-2-0.28 was filed on

July 31, 1984; effective

July 25, 1984, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency. (Said Emergency Rule repealed

Rule 120-2-.04 and adopted a new Rule 120-2-.04.)

Amended: Emergency Rule 121-2-0.28 repealed and a new

Rule entitled "Statewide Low Voltage Contractor License" adopted. Filed

October 12, 1984; effective

November 1,

1984.

Amended: Emergency Rule 121-2-0.31-.04(3) filed on

October 5, 1984; effective

September 26, 1984,

the date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule superseding this Emergency Rule, as

specified by the Agency. This Emergency Rule expired January 24, 1985.

Amended: Filed May 30,

1985; effective June 19,

1985.

Amended: Filed February 21,

1986; effective March 13,

1986.

Amended: Filed September 29,

1987; effective October

19, 1987.

Amended: Filed May 27,

1988; effective June 16,

1988.

Amended: F. Jun. 18,

1993; eff. July 8,

1993.

Amended: F. Mar. 7,

1996; eff. Mar. 27,

1996.

Amended: Rule renumbered as

121-3-.06. F.

Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-2-.05 Renumbered as Rule 121-2-.03

Ga. Comp. R. & Regs. r. 121-2-.05 Renumbered as Rule 121-2-.03

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.05. Renumbered as Rule 121-2-.03

Cite as Ga. Comp. R.

& Regs. R. 121-2-.05

Authority: O.C.G.A.

§§ 43-14-5,

43-14-6.

History. Original Rule entitled "Statewide Low-Voltage Contractor License

Without Examination" was adopted as Emergency Rule 121-2-0.28-.05. Filed

July 31, 1984; effective

July 25, 1984, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and a permanent Rule

of the same title adopted. Filed October 12,

1984; effective November

1, 1984.

Amended: Rule repealed and a new Rule entitled

"Statewide License by Endorsement" adopted. Filed May

27, 1988; effective June

16, 1988.

Amended: F. Jun. 18,

1993; eff. July 8,

1993.

Amended: Rule renumbered as

121-2-.03. F.

Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-2-.06 Review Course for Re-examination

Ga. Comp. R. & Regs. r. 121-2-.06 Review Course for Re-examination

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.06. Review Course for Re-examination

(1)

Any applicant for conditioned air contractor, electrical contractor, master plumber, or journeyman plumber who takes and fails the examination twice after July 1, 1989, must present satisfactory evidence to the appropriate division of the board that the applicant has completed a board approved review course before such applicant will be scheduled for a third examination. If such applicant fails the examination a third time, the applicant shall not be required to complete additional courses prior to taking subsequent examinations.

(2)

Any applicant for a low-voltage license or a certificate as a utility manager who takes and fails the examination twice may complete a board approved review course. If such course is completed, then evidence of such completion may be submitted to the appropriate division.

(3)

To be approved, an outline of the review course must be submitted to the appropriate division of the board. Such outline must list the topics covered, the actual time of instruction, the name of the instructor, and other information determined necessary for division review. The review course must meet one of the following:

(a)

a course which covers code requirements conducted by a college, postsecondary technical school, or a military service; or

(b)

a course of a minimum of 6 hours of actual instruction, conducted by an instructor who holds a contractor or master license in the appropriate trade and who has prior teaching or training experience acceptable to the appropriate division. The course must cover the following topics:

1.

a review of examination topics;

2.

a review of examinations references;

3.

instruction on code, calculations, and other examination topics;

4.

instructions on testing skills;

5.

instructions on study and examination preparation skills; and 6. other related topics acceptable to the division; or

(c)

a course of a minimum of 6 hours of actual instruction related to code or industry practices, conducted by an instructor who holds a contractor or master license in the appropriate trade and who has prior teaching and training experience acceptable to the appropriate division.

(d)

a correspondence course related to code or industry practices, the successful completion of which is determined by a written evaluation, which is acceptable to the division; or

(4)

A review course may be disapproved under this Rule if the appropriate division determines that the course does not meet the requirements of Paragraph (2) of this Rule, or that the course does not provide adequate instruction in assisting the candidates to prepare for the examination, or that persons associated with the course violated or assisted in violations of the licensure law, Board Rules, or examination procedures. Persons desiring the division to reconsider its decision concerning approval of a course must submit the request in writing within thirty (30) days of being notified of the decision. Such persons may request to meet with the appropriate division to provide additional information concerning the course. The decision of the appropriate division of the Board concerning approval of review courses is final.

Cite as Ga. Comp. R. & Regs. R. 121-2-.06

Authority: O.C.G.A. Secs. 43-14-5, 43-14-6.

History. Original Rule entitled "Statewide License by Endorsement" adopted. F. May 30, 1985; eff. June 19, 1985.

Repealed: F. May 27, 1988; eff. June 16, 1988.

Amended: New Rule entitled "Review Course for Re-examination" adopted. F. Oct. 25, 1989; eff. Nov. 14, 1989.

Repealed: New Rule of same title adopted. F. June 18, 1993; eff. July 8, 1993.

Ga. Comp. R. & Regs. r. 121-2-.07 Statewide Utility Contractor License

Ga. Comp. R. & Regs. r. 121-2-.07 Statewide Utility Contractor License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-2. QUALIFICATIONS FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-2-.07. Statewide Utility Contractor License

(1)

The applicant for statewide utility contractor examination must submit a completed application which:

(a)

Indicates if the applicant is a sole proprietorship, partnership, or corporation and, if a partnership or corporation, lists the names and addresses of the partners or officers and when and where formed or incorporated.

(b)

Includes a copy of the safety policy adopted by the applicant. The safety policy must state the applicant's concern and support of safety, active and continuing efforts to provide a safe working environment, compliance with state and federal safety requirements, maintenance of a safety program, and requirements for regularly scheduled safety meetings for all field personnel.

(c)

Includes a statement attesting to the employment of at least one current utility manager certificate holder on a regular, full-time basis to supervise the applicant's utility work by each permanent office.

(2)

The utility contractor must notify the division in writing within five (5) days of the severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rests.

Cite as Ga. Comp. R. & Regs. R. 121-2-.07

Authority: O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.2.

History. Original Rule entitled "Statewide Utility Contractor License and Foreman Certification" adopted. F. June 18, 1993; eff. July 8, 1993.

Amended: F. Dec. 2, 1993; eff. Dec. 22, 1993.

Amended: ER. 121-2-0.37-.07 adopted. F. May 5, 1994; eff. April 28, 1994, the date of adoption.

Amended: Permanent Rule adopted. F. June 27, 1994; eff. July 17, 1994.

Amended: Retitled "Statewide Utility Contractor License.

Amended." F. Aug, 14, 2012; eff. September 3, 2012.

Ga. Comp. R. & Regs. r. 121-3-.01 Statewide Electrical Contractor License

Ga. Comp. R. & Regs. r. 121-3-.01 Statewide Electrical Contractor License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.01. Statewide Electrical Contractor License

(1)

Statewide

Class I Electrical Contractor licenses are restricted to electrical contracting

involving single-phase electrical installations that do not exceed 200 amperes

at the service drop or the service lateral. Class II Electrical Contractor

licenses are unrestricted.

(2)

To

obtain a statewide Class I or Class II Electrical Contractor license, a person

must be at least 21 years of age, submit a completed application, meet the

experience requirements as described in this rule, obtain a minimum score of

seventy (70) on the appropriate examination, and pay the fees required by the

Board.

(3)

An applicant must submit

three (3) references on the required form from persons who can attest to the

applicant's electrical experience to the satisfaction of the Division. At least

one of the three references must be from a licensed electrical contractor who

shall include his or her registration number on the form.

(4)

Applicants for statewide Electrical

Contractor license must document a minimum of 4 years of Primary experience in

the electrical field as would be covered by the Georgia Electrical Code or the

National Electrical Code.

(a)

Primary

Experience shall mean working experience gained through the direct installation

of electrical systems and directly related activities of a type covered by the

National Electrical Code. The public welfare and overall life safety

responsibility require that an electrical contractor have actual in-the-field

experience and be competent in all phases of electrical work.

(5)

Applicants may be credited up

to one (1) year of experience based on Secondary Experience or Education.

Secondary Experience time will be credited at a rate of fifty percent (50%).

(For example, three (3) years of Primary Experience and two (2) years of

Secondary Experience would meet the 4 years of required experience.)

(a)

Secondary Experience shall mean work or

training experience related to electrical contracting work involving electrical

systems covered by the National Electrical Code. Examples of Secondary

Experience include:

(i)

Instruction received

on electrical installation, theory, and code by a full-time secondary or

post-secondary instructor in an established class at a recognized learning

center.

(ii)

Inspection of

electrical wiring by a full-time municipal or county inspector.

(iii)

Electrical engineering design by a

registered professional engineer.

(iv)

Work performed for a licensed electrical

contractor with the applicant having sole responsibility in at least three (3)

of the following areas: estimating; project management; scheduling and

assigning work; preparing progress charts (CPM or other flow charts); sales and

cash flow responsibilities such as budgetary, preparation of pay request, and

invoices.

(v)

Installation of

electrically lighted signs.

(b)

Education may be applied toward the

experience requirements as follows:

(i)

Completion of a 2-year academic diploma program as 2 years of

experience.

(ii)

Completion of a

2-year academic certificate program offered by a vocational-technical school as

2 years of experience.

(6)

Applicants for Class II Licenses must

document experience with installations in excess of single phase, 200 amperes

systems.

(7)

Class I applicants

must document experience in at least five (5) of the following, plus item (h),

and Class II applicants must document work experience in all of the following

areas:

(a)

Installation of raceway systems,

including pull boxes, junction boxes, conduit bodies and the connections in the

system and to cabinets, panelboards, switchboards, and boxes, which meet all

Code use and installation requirements.

(b)

Installation of conductors, including

flexible cords, cables, splices, taps, terminations, bonding jumpers,

overcurrent protective devices, and metering devices, in cabinets, panelboards,

switchboards, boxes, and conduit, which meet all Code use and installation

requirements, such as to sizing, ampacity, and voltage.

(c)

Installation of service entrances,

metering devices, cabinets, switchboards, service risers and fasteners,

overcurrent protective devices, disconnecting means, ground electrodes, main

bonding jumpers, and ground fault protectors which all meet Code installation

requirements, such as to sizing, rating, clearances, and

weatherproofing.

(d)

Installation

of motors and generators with feeders, branch circuits, overcurrent protective

devices, disconnect means, and controllers, all of which meet Code installation

requirements, such as sizing, rating, usage, and location.

(e)

Installation of switches, disconnects,

and controls that supply lighting fixtures, appliances, electrical circuits,

controls for heating and air conditioning equipment, and other utilization and

general use equipment, according to use and Code installation

requirements.

(f)

Installation of

materials and equipment required for use in special occupancies according to

use and Code installation requirements, as defined by Chapter 5 of the National

Electrical Code.

(g)

Bonding of

interior metal piping systems, installation of properly sized equipment

grounding conductors, grounding of exposed noncurrent carrying metal parts of

electrical equipment, and protection of grounding conductors from physical

damage.

(h)

Determination of

general lighting loads, minimum branch circuits, minimum ampacity of conductors

in feeder and branch circuits, maximum allowable conductor fill for raceways,

net loads, using specified or optional methods, rates or demand factors, and

derating factors given in the Code.

(8)

Applicants who can demonstrate six (6)

years of electrical contracting experience to the satisfaction of the Division

are not required to demonstrate Primary Experience gained through the direct

installation of electrical systems.

(a)

Applicants shall notify the Division that he or she has the necessary knowledge

of technology and related work experience for the license Class for which they

are applying.

(b)

Education will be

credited at a rate of 50%, and no more than two (2) years of experience may be

based on Education. (For example, four (4) years of experience and four (4)

years of education would meet the required six (6) years of

experience.)

(c)

Applicants shall

provide at least one (1) reference from a licensed architect, professional

engineer, or electrical engineer who shall include his or her licensed number

on the form and can attest to the applicant's submitted experience.

(9)

Nothing in these rules shall

be construed to permit the unlicensed practice of Electrical

Contracting.

Cite as Ga. Comp. R.

& Regs. R. 121-3-.01

Authority: O.C.G.A.

§§ 43-14-1,

43-14-5,

43-14-6,

43-14-8.

History. Original Rule entitled "Applications" was filed as Emergency Rule

121-3-1-0.3-.01 on July 28, 1980;

effective July 22,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule 121-3-1-0.3-.01 repealed and

Emergency Rule 121-3-1-0.9-.01 entitled "Application and Examination for

Licensure," adopted. Filed September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and permanent Rule of

same title adopted. Filed November 7,

1980; effective November

27, 1980.

Amended: Emergency Rule 121-3-1-0.13-.01 was filed on

January 26, 1981, effective

January 21, 1981,

the date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency. (Said Emergency Rule repealed

paragraph (7) and adopted a new paragraph (7).)

Amended: Rule repealed by Emergency Rule

121-3-0.15-.01 entitled "Application for Statewide License." Filed

April 28, 1981; effective

April 22, 1981, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-3-0.15-.01 repealed and

permanent Rule 121-3-.01, of same title, adopted. Filed

July 30, 1981; effective

August 19,

1981.

Amended: Filed December 8,

1982; effective January 1,

1983, as specified by the Agency.

Amended: Rule repealed by Emergency Rule

121-3-0.22-.01. Filed March 22, 1983;

effective March 16,

1983, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the Agency.

(Said Emergency Rule expired July 13, 1983.)

Amended: Rule repealed and a new Rule of same title

adopted. Filed July 13, 1983; effective

August 2,

1983.

Amended: Filed July 31,

1984; effective August

20, 1984.

Amended: Filed May 30,

1985; effective June 19,

1985.

Amended: Emergency Rule 121-3-0.35 containing

paragraph 121-3-0.35-.01(2) was filed and effective on

June 6, 1986, to remain in

effect for a period of 120 days or until the adoption of a new paragraph

superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and Rule amended.

Filed September 4, 1986; effective

September 24,

1986.

Amended: F. Oct. 26,

1989; eff. Nov. 15,

1989.

Repealed: New Rule of same title adopted. F.

Feb. 22, 1990; eff.

Mar. 14,

1990.

Amended: F. Jun. 6,

1991; eff. Jun. 26,

1991.

Amended: F. Dec. 10,

1992; eff. Dec. 30,

1992.

Amended: F. Jun. 18,

1993; eff. July 8,

1993.

Amended: New Rule entitled "Statewide Electrical

Contractor License" (i.e., Rule

121-2-.01 renumbered as Rule

121-3-.01). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-3-.02 Statewide Master and Journeyman Plumber License

Ga. Comp. R. & Regs. r. 121-3-.02 Statewide Master and Journeyman Plumber License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.02. Statewide Master and Journeyman Plumber License

(1)

Statewide Class I Master Plumber licenses are limited to plumbing involving

single-family dwellings and one-level dwellings designed for not more than two

families and commercial structures not to exceed 10,000 square feet in area.

Statewide Class II Master Plumber licenses are unrestricted.

(2)

To obtain a statewide Class I or Class II

Master Plumber or a statewide Journeyman Plumber license, a person must submit

a completed application, meet the experience requirement, obtain a minimum

score of seventy (70) on the appropriate examination, and pay the required

fees.

(3)

An applicant must provide

the names of three (3) persons who are licensed as plumbers and can attest to

the applicant's plumbing experience to the satisfaction of the Division. For

Class I, at least one (1) of the three (3) references must be a licensed Master

Plumber. For Class II, at least two (2) references must be from licensed Master

Plumbers.

(4)

Applicants for

statewide Master Plumber license must document a minimum of five (5) years of

experience in plumbing work as would be covered by items of the Georgia State

Plumbing Code, with at least two (2) of the five (5) years being licensed as a

Journeyman Plumber. Applicants for Class II Master Plumber license must also

document experience in commercial or industrial plumbing.

(5)

Applicants for statewide Journeyman

Plumbers license must document a minimum of one (1) year of experience in

plumbing work as would be covered by items of the Georgia State Plumbing Code.

Such experience may be Primary or Secondary experience as defined in this

section.

(6)

Primary Experience

shall mean working experience gained through the direct installation of

plumbing systems and directly related activities of a type that would be

covered by the Georgia State Plumbing Code and under the supervision of a

licensed Master Plumber. Examples of Primary Experience include installation of

plumbing pipes and fixtures by a plumbing contractor, Master Plumber,

Journeyman Plumber, plumbing foreman, plumbing superintendent, a military

plumber with a rank of at least a 3rd class petty officer or E-4

noncommissioned officer.

(7)

Secondary Experience shall mean work experience gained while engaged in work or

training related to the installation of plumbing and directly related

activities that would be covered by the Georgia State Plumbing Code. Examples

of Secondary Experience include:

(a)

Plumbing

work performed by a maintenance employee of a county water department or public

works department.

(b)

Inspection of

plumbing by a full-time municipal or county inspector.

Cite as Ga. Comp. R.

& Regs. R. 121-3-.02

Authority: O.C.G.A.

§§ 43-14-5,

43-14-6,

43-14-8.

History. Original Rule entitled "Conduct of Examination," was filed as

Emergency Rule 121-3-1-0.3-.02 on July 28,

1980; effective July 22,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and Emergency Rule

121-3-1-0.9-.02, entitled "Issuance, Expiration and Renewal of Licenses,"

adopted. Filed September 29, 1980;

effective September 25,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and permanent Rule of

the same title adopted. Filed November 7,

1980; effective November

27, 1980.

Amended: Rule repealed by Emergency Rule

121-3-0.15-.02, entitled "Application for Local Geographical Area License."

Filed on April 28, 1981; effective

April 22, 1981, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and permanent Rule

121-3-.02 of same title adopted. Filed July 30,

1981; effective August

19, 1981.

Amended: Rule repealed. Filed

December 8, 1982; effective

January 1, 1983, as

specified by the Agency.

Amended: Rule entitled "Application for Statewide

License Without Examination" was filed as Emergency Rule 121-3-0.22-.02 on

March 22, 1983; effective

March 16, 1983, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency. (Said Emergency Rule expired

July 13, 1983.)

Amended: Rule repealed and a new Rule of the same

title adopted. Filed July 13, 1983;

effective August 2,

1983.

Amended: Rule repealed by Emergency Rule 121-3-0.29

and a new Rule entitled "Application for Statewide Low-Voltage Contractor

License Without Examination" adopted. Filed July 31,

1984; effective July 25,

1984, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and a permanent Rule

of same title adopted. Filed October 12,

1984; effective November

1, 1984.

Amended: Rule repealed. Filed

May 27, 1988; effective

June 16,

1988.

Repealed: New Rule, entitled "Confidentiality of

Applicant and Examination Information" adopted. F. Feb. 22, 1990; eff.

Mar. 14,

1990.

Amended: New Rule entitled "Statewide Master and

Journeyman Plumber License" (i.e., Rule

121-2-.02 renumbered as Rule

121-3-.02). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-3-.03 Applicant Review Course

Ga. Comp. R. & Regs. r. 121-3-.03 Applicant Review Course

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.03. Applicant Review Course

(1)

Any applicant for conditioned air contractor, electrical contractor, master plumber, or journeyman plumber license who takes and fails the examination twice after July 1, 1989, must submit documentation of completion of a review course before being scheduled for a third examination. The review course must meet the qualifications under board Rule 121-2-.06. The documentation of completion must include:

(a)

the name of the school;

(b)

the course title;

(c)

the name and license number of the instructor if the course was conducted by other than a college or postsecondary technical school;

(d)

the topics covered by the course;

(e)

the number of instruction hours; and

(f)

the date of completion.

Cite as Ga. Comp. R. & Regs. R. 121-3-.03

Authority: Ga. L. 1980, pp. 1299-1314; O.C.G.A. Secs. 43-14-5, 43-14-6.

History. Original Rule entitled "Oral Examinations" was filed as Emergency Rule 121-3-1-0.3-.03 on July 28, 1980; effective July 22, 1980, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and Emergency Rule 121-3-1-0.9-.03, entitled "Disciplinary Proceedings," adopted. Filed September 29, 1980; effective September 25, 1980, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and a permanent Rule of same title adopted. Filed November 7, 1980; effective November 27, 1980.

Amended: Emergency Rule 121-3-1-0.11-.03 was filed on November 10, 1980; effective November 5, 1980, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. This Emergency Rule added paragraph (4) to this Rule. (Emergency Rule 121-3-1-0.11-.03 expired March 4, 1981.)

Amended: Rule repealed by Emergency Rule 121-3-0.15. Filed April 28, 1981; effective April 22, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and Rule 121-3-1-.03 repealed. Filed July 30, 1981; effective August 19, 1981.

Repealed: New Rule entitled "Applicant Review Course" adopted. F. Feb. 22, 1990; eff. Mar. 14, 1990.

Amended: F. Dec. 10, 1992; eff. Dec. 30, 1992.

Amended: F. Dec. 2, 1993; eff. Dec. 22, 1993.

Ga. Comp. R. & Regs. r. 121-3-.04 Conditioned Air Contractor License

Ga. Comp. R. & Regs. r. 121-3-.04 Conditioned Air Contractor License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.04. Conditioned Air Contractor License

(1)

Class I

Conditioned Air Contractor licenses are restricted to conditioned air

contracting involving conditioned air systems or equipment not exceeding

175,000 BTU of heating and 60,000 BTU of cooling, and Class II licenses are

unrestricted. For classifying systems, each complete system in a single

installation is to be considered an individual job.

(2)

To obtain a Class I (Restricted) or Class

II (Non-restricted) Conditioned Air Contractor license, a person must submit a

completed application, meet the prerequisite experience requirement, obtain a

minimum score of seventy (70) on the appropriate examination, and pay all fees

required by the Board.

(3)

An

applicant must submit three (3) references on the required form from persons

who can attest to the applicant's conditioned air experience to the

satisfaction of the Division. References must be from an Architect,

Professional Engineer, Inspector, or licensed Conditioned Air Contractor who

shall include his or her registration or license number on the form.

(4)

Applicants must document a minimum of

four (4) years of experience for Class I and five (5) years for Class II in

conditioned air work of a type covered by the Georgia Heating and Air

Conditioning Code, regardless of whether such Code applied to the work in the

area or at the time such work was performed by the applicant. Applicants for

Class II licenses must document experience with installations of conditioned

air systems that exceed 175,000 BTU (net) of heating and 60,000 BTU of

cooling.

(5)

"Experience" shall

mean working experience gained through the direct installation of and

responsibility for conditioned air systems and directly related activities of a

type covered by the Georgia Heating and Air Conditioning Code (regardless of

whether such Code was in effect in the area or at the time the applicant gained

such experience.

(a)

Experience for Class I

shall consist of two (2) years of residential installation experience as a lead

mechanic, one year as a service technician, evidence of having an E.P.A.

(Environmental Protection Agency) certification, one year of residential

supervisory experience, and a completion of a Board-approved heat loss and gain

and duct design course.

(b)

Experience for Class II shall consist of two (2) years of installation as a

lead mechanic with at least one of the years being commercial only, one year as

a service technician or service supervisor evidence of having an E.P.A.

(Environmental Protection Agency) certification, two years of commercial

supervisory experience and a Board-approved heat loss and gain and duct design

course.

(6)

Education may

be applied toward the experience requirements as follows:

(a)

completion of a technical school diploma

program in engineering or engineering technology may be credited as no more

than two (2) years of experience;

(b)

completion of a vocational-technical

school certificate program may be credited as no more than one (1) year of

experience.

(7)

All

classifications of Conditioned Air Contractor work experience, unless

specifically listed in the examples provided in this rule, shall be made by the

Board. Such classifications of experience by the Board shall be final except

that, within the Board's sole discretion, an applicant may be allowed to appear

before the Board to explain such experience.

Cite as Ga. Comp. R.

& Regs. R. 121-3-.04

Authority: O.C.G.A.

§§ 43-1-19,

43-1-24,

43-1-25,

43-14-2,

43-14-5,

43-14-6,

43-14-8,

43-14-13.

History. Original Rule entitled "Passing Grade" was filed as Emergency Rule

121-3-1-0.3-.04 on July 28, 1980;

effective July 22,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule as specified by the

Agency.

Amended: Emergency Rule 121-3-1-0.3-.04 repealed by

Emergency Rule 121-3-1-0.9. Filed September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency. (Emergency Rule 121-3-1-0.9-.04 expired January 22, 1981.) (By filing

of July 30, 1981, Chapter 121-3-1 was renumbered as 121-3; effective

August 19,

1981.)

Adopted: New Rule entitled "Conditioned Air Contractor

License" (i.e., Rule

121-2-.03 renumbered as Rule

121-3-.04). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-3-.05 Display of Business Registration Number

Ga. Comp. R. & Regs. r. 121-3-.05 Display of Business Registration Number

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.05. Display of Business Registration Number

Effective December 1, 2021, any business performing conditioned

air contracting shall display, as set forth below, the business registration

number.

(a)

The business registration

number is the license number of the qualifying licensee, including the prefix

CN or CR preceded by "GA. REG." For example, a licensee holding the license

number "CN-555123" would display "GA. REG. CN-555123" as outlined (2), (3), and

(4) below.

(b)

If a licensee no

longer qualifies a business to perform conditioned air contracting, the

business shall cease conditioned air contracting until a licensee qualifies the

business and all displays of the registration number are changed to include the

license number of the new qualifying licensee.

(c)

All commercial vehicles used by

Conditioned Air Contractors exclusively in the daily operation of their

business shall have prominently displayed thereon the business registration

number. This number shall be legibly and visibly displayed on both sides of the

vehicle in characters at least two inches high.

(d)

Any advertisements for conditioned air

contracting work covered by these Rules which appear in telephone yellow pages

other than a standard listing, in a newspaper, or in printed matter proposing

to perform services which is distributed to the public shall have prominently

and legibly displayed therein the business registration number.

(e)

All invoices and proposal forms used for

conditioned air contracting shall have prominently and legibly displayed

thereon the business registration number.

Cite as Ga. Comp. R.

& Regs. R. 121-3-.05

Authority: O.C.G.A.

§§ 43-14-5,

43-14-6,

43-14-8,

43-14-9.

History. Original Rule entitled "Examination Result Appeals" was filed as

Emergency Rule 121-3-1-0.3-.05 on July 28,

1980; effective July 22,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule as specified by the

Agency.

Amended: Emergency Rule 121-3-1-0.3 repealed by

Emergency Rule 121-3-1-0.9. Filed September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency. (Emergency Rule 121-3-1-0.9-.05 expired January 22, 1981.) (By filing

of July 30, 1981, Chapter 121-3-1 was renumbered as 121-3; effective

August 19,

1981.)

Adopted: New Rule entitled "Display of Business

Registration Number" (i.e., Rule

121-6-.04 renumbered as Rule

121-3-.05). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-3-.06 Statewide Low-Voltage Contractor License

Ga. Comp. R. & Regs. r. 121-3-.06 Statewide Low-Voltage Contractor License

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-3. APPLICATION FOR LICENSURE

Current through Rules and Regulations filed through March 24, 2026

Rule 121-3-.06. Statewide Low-Voltage Contractor License

(1)

Statewide

Class LV-A low-voltage contractor licenses are restricted to alarm and general

system low-voltage contracting. Statewide Class LV-T low voltage contractors

licenses are restricted to telecommunication and general system low-voltage

contracting. Statewide Class LV-G low voltage contractor licenses are

restricted to general system low-voltage contracting. Statewide Class LV-U

low-voltage licenses are unrestricted.

(2)

General low-voltage systems mean any

electrical systems, other than alarm or telecommunication systems, involving

low-voltage wiring, as defined in Code Section

43-14-2(10.3), including, but not

limited to stand-alone intercom systems and call alert systems (audio or

visual); distribution wiring for alarm systems and telecommunications systems

including local area network systems; sound systems; public address systems;

the low voltage side of energy management systems; antenna systems and

satellite dish systems, except CATV systems that are exempted in Code Section

43-14-13(i);

irrigation system wiring; and low voltage lighting.

(3)

To obtain a statewide Class LV-A, Class

LV-T, Class LV-U, or Class LV-G contractor license, a person must submit a

completed application, meet the prerequisite experience requirements, obtain a

score of seventy (70) on the appropriate examination, and pay the required

fees.

(4)

To qualify to take the

examination, applicants for statewide low-voltage contractor license must have

a minimum of one (1) year of experience in low-voltage wiring in the license

category for which the applicant is applying. Completion of courses in

electronics through a school of engineering technology or a technical trade

school will be credited as experience equivalent to the actual instructional

time up to a maximum of six (6) months.

Cite as Ga. Comp. R.

& Regs. R. 121-3-.06

Authority: O.C.G.A.

§§ 43-14-2,

43-14-5,

43-14-6.

History. Original Rule entitled "Fees" was filed as Emergency Rule

121-3-1-0.3-.06 on July 28, 1980;

effective July 22,

1980, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule as specified by the

Agency.

Amended: Emergency Rule 121-3-1-0.3-.06 repealed by

Emergency Rule 121-3-1-0.9. Filed September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency. (Emergency Rule 121-3-1-0.9-.06 expired January 22, 1981.) (By filing

of July 30, 1981, Chapter 121-3-1 was renumbered as 121-3; effective

August 19,

1981.)

Adopted: New Rule entitled "Statewide Low-Voltage

Contractor License" (i.e., Rule

121-2-.04 renumbered as Rule

121-3-.06). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-4-.02 Renewal, Reinstatement, and Expiration

Ga. Comp. R. & Regs. r. 121-4-.02 Renewal, Reinstatement, and Expiration

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-4. LICENSE ISSUANCE, RENEWAL, REINSTATEMENT, EXPIRATION, AND ACTIVATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-4-.02. Renewal, Reinstatement, and Expiration

(1)

Licenses

and certificates will be renewed biennially by the expiration date as provided

by Rules of the Joint Secretary, Professional Licensing Boards Division. The

renewal fees, late fees, and reinstatement fees will be set by the Board. Fees

will be published in a separate schedule and will be made publicly

available.

(2)

Persons may apply

for renewal by submitting on or before the expiration date a completed renewal

application, renewal fee, and other information as may be required by the

Board. If not renewed by the expiration date, licenses or certificates shall be

deemed invalid. Any person holding such a license or certificate shall not be

authorized to engage in the business or profession for which

licensed.

(3)

Neither the failure

of the Board to send nor the failure of the licensee or certificate holder to

receive a renewal form or reminder of such renewal date shall excuse the

failure to renew the license or certificate.

(4)

Persons not renewing a license or

certificate on or before the expiration date may apply for renewal during the

established late renewal period by submitting the required renewal information,

late renewal fee as published on the Fee Schedule, and other information as

required by the Board.

(5)

Licenses

not renewed will be lapsed and will require reinstatement to be in good

standing again. Renewal of a lapsed license is at the discretion of the

appropriate Division, and such Division may deny or approve such renewal with

any conditions it may deem necessary, including retaking of the licensure

examination.

(a)

Persons may apply for

reinstatement of a lapsed license or certificate by submitting a reinstatement

application, reinstatement fee, and other information as requested by the

Board.

(b)

If the reinstatement

application is submitted more than 3 years after the expiration date of the

license or certificate, the applicant shall submit a reinstatement application,

application fee, and any other information requested by the appropriate

Division, and the applicant shall be required to take and pass the appropriate

examination.

(6)

Applications for renewal or reinstatement of licenses and certificates must

include the following:

(a)

any findings or

pleas of guilty or pleas under nolo contendere or under the "First Offender

Act" for the commission of any felony or misdemeanor, other than minor traffic

violations, made after approval of the previous renewal application or

licensure application.

(b)

authorization for the division to receive any criminal history record

information pertaining to the applicant which may be in the files of any state

or local criminal justice agency, with such record being obtained through a

Board-approved entity.

(7)

Applications for renewal or late renewal

of Conditioned Air Contractors, electrical contractors, Master Plumbers and

Journeyman Plumbers, and utility contractors licenses shall:

(a)

include a statement from the licensee

indicating whether continuing education requirements provided for in this

Chapter of the Board Rules have been completed. Licensees must submit

documentation of completion of the continuing education requirements to the

division upon request.

(b)

include

evidence of completion of 4 hours of continuing education for each year since

the last renewal of the license or since the initial issuance of the license if

the license has not yet been through a renewal cycle or has not been reinstated

if education is required by the Division, as defined in this Chapter for each

year since the last renewal of the license.

(8)

Divisions may offer an Inactive License

Status in accordance with the Joint Secretary Rule 295-15-19.

Cite as Ga. Comp. R.

& Regs. R. 121-4-.02

Authority: O.C.G.A

§§ 43-1-4,

43-1-19,

43-14-5,

43-14-6.

History. Original Rule entitled "Qualifications for Licensure and

Registration" was filed as Emergency Rule 121-4-1-0.10-.02 on

September 29, 1980; effective

September 25, 1980,

the date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule repealed and permanent Rule of

same title adopted. Filed November 7,

1980; effective November

27, 1980.

Amended: Emergency Rule 121-4-1-0.12-.02 was filed on

November 10, 1980; effective

November 5, 1980,

the date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Rule repealed by Emergency Rule

121-4-0.16-.02 entitled "Renewal and Expiration." Filed

April 28, 1981; effective

April 22, 1981, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-4-0.16-.02 repealed and

permanent Rule 121-4-.02, of same title, adopted Filed

July 30, 1981; effective

August 19,

1981.

Amended: Emergency Rule 121-4-0.19 was filed

March 2, 1982; effective

March 3, 1982, to

remain in effect for a period of 120 days or until the effective date of a

permanent Rule covering the same subject matter superseding this Emergency

Rule, as specified by the Agency.

Amended: Filed December 8,

1982; effective January 1,

1983, as specified by the Agency.

Amended: Rule repealed by Emergency Rule

121-4-0.23-.02. Filed March 22, 1983;

effective March 16,

1983, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the Agency.

(Said Emergency Rule expired July 13, 1983.)

Amended: Emergency Rule 121-4-0.30, which repealed the

Rule and adopted a new Rule of same title, was filed on

July 31, 1984; effective

July 25, 1984, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-4-0.30 repealed and a

permanent Rule of the same title adopted. Filed October 12, 1984; effective

November 1,

1994.

Amended: Emergency Rule 121-4-0.34-.02(3) adopted.

Filed June 11, 1985, effective

June 7, 1985, the

date of adoption, to remain in effect for a period of 120 days or until the

effective date of a permanent Rule covering the same subject matter superseding

this Emergency Rule, as specified by the Agency. (Said Emergency Rule expired

October 4, 1985.)

Amended: Filed October 11,

1985; effective October

31, 1985.

Amended: F. Jun. 6,

1991; eff. Jun. 26,

1991.

Amended: F. July 9,

1991; eff. July 29,

1991.

Amended: Rule retitled "Renewal, Reinstatement, and

Expiration". F. Sept. 3, 1993; eff.

Sept. 23,

1993.

Amended: F. Jun. 27,

1994; eff. July 17,

1994.

Amended: F. Dec. 4,

1996; eff. Dec. 24,

1996.

Amended: F. Feb. 27,

2025; eff. Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-4-.03 Continuing Education for Conditioned Air Contractors

Ga. Comp. R. & Regs. r. 121-4-.03 Continuing Education for Conditioned Air Contractors

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-4. LICENSE ISSUANCE, RENEWAL, REINSTATEMENT, EXPIRATION, AND ACTIVATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-4-.03. Continuing Education for Conditioned Air Contractors

(1)

Conditioned Air Contractors are required

to complete, prior to license renewal, continuing education as described in

this Rule. Failure to document completion of the continuing education

requirements to the satisfaction of the Division of Conditioned Air Contractors

shall be grounds for disciplinary action, including denial of renewal of

license or revocation of the license.

(2)

Any applicant for renewal of a

Conditioned Air Contractor license is required to complete four (4) hours of

continuing education per year. However, an applicant for renewal who has been

initially licensed for less than two (2) years must have completed four (4)

hours of continuing education while licensed prior to renewal. An applicant for

renewal who has been initially licensed for less than one (1) year is not

required to complete continuing education.

(3)

Credit for continuing education hours

occurs at a rate of one hour for each hour of instruction. For courses that

report instructional time in "Continuing Education Units" (CEU), one CEU is

defined as 10 hours of credit for this requirement.

(4)

Continuing education courses shall be in

the areas related to conditioned air contracting concerning safety,

technological advances, business management, or government regulations. Such

continuing education courses must be conducted by an institution of higher

education; vocational-technical school; trade, technical, or accredited college

or university; a post-secondary institute under the jurisdiction of the Georgia

Board of Technical and Adult Education or the equivalent agency of another

state or local government; an organization consisting of members of trade,

technical, or professional group; a public utility; or a conditioned air

equipment manufacturer. However, courses conducted by manufacturers

specifically to promote their products shall not be approved under this

Rule.

(5)

Applicants for renewal of

Conditioned Air Contractors license must report on the application for renewal

whether all applicable continuing education requirements have been met.

Licensees shall maintain, for at least five (5) years after completion of the

course, records confirming attendance at and completion of continuing education

courses, including the following information:

(a)

school, company, or organization

conducting the course;

(b)

title of

course;

(c)

location and date of

the course;

(d)

course outline or

topics covered;

(e)

hours of

instruction;

(f)

documentation of

attendance and satisfactory completion.

(6)

Licensees must provide to the division

the records described in paragraph (5) of this Rule upon request.

(7)

The requirements for continuing education

may be waived by the Division of Conditioned Air Contractors based on

documentation of hardship, disability, or illness which, to the satisfaction of

the Division, prevented the applicant from completing the requirements, or

under such other circumstances as the Division deems appropriate. The decision

of the division as to the waiver of the requirements shall be

conclusive.

(8)

As provided under

O.C.G.A. 43-14-6(d)(5),

the continuing education requirements shall not be required of any licensed

Conditioned Air Contractor who is a registered professional engineer.

Cite as Ga. Comp. R.

& Regs. R. 121-4-.03

Authority: O.C.G.A

§§ 43-14-5,

43-14-6.

History. Original Rule entitled "Grounds for Disciplinary Action" was filed

as Emergency Rule 121-4-1-0.10-.03 on September 29,

1980; effective September

25, 1980, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule repealed and permanent Rule of

same title adopted. Filed November 7,

1980; effective November

27, 1980.

Amended: Rule repealed by Emergency Rule

121-4-0.16-.03, entitled "Replacement." Filed April

28, 1981; effective April

22, 1981, the date of adoption, to remain in effect for a

period of 120 days or until the effective date of a permanent Rule covering the

same subject matter superseding this Emergency Rule, as specified by the

Agency.

Amended: Emergency Rule 121-4-0.16-.03 repealed and

permanent Rule 121-4-.03 of same title, adopted. Filed

July 30, 1981; effective

August 19,

1981.

Amended: Rule repealed by Emergency Rule

121-4-0.23-.03. Filed March 22, 1983;

effective March 16,

1983, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the Agency.

(Said Emergency Rule expired July 13, 1983.)

Amended: Rule repealed and a new Rule of same title

adopted. Filed July 13, 1983; effective

August 2,

1983.

Repealed: New Rule entitled "Continuing Education for

Conditioned Air Contractors" (i.e., Rule

121-4-.05 renumbered as Rule

121-4-.03). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-4-.05 Continuing Education for Electrical Contractors

Ga. Comp. R. & Regs. r. 121-4-.05 Continuing Education for Electrical Contractors

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-4. LICENSE ISSUANCE, RENEWAL, REINSTATEMENT, EXPIRATION, AND ACTIVATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-4-.05. Continuing Education for Electrical Contractors

(1)

Electrical Contractors are required to complete, prior to license renewal,

continuing education as described in this Rule. Failure to document completion

of the continuing education requirements to the satisfaction of the Division of

Electrical Contractors shall be grounds for disciplinary action, including

denial of renewal of the license or revocation of the license.

(2)

Any applicant for renewal of an

electrical contractor license is required to complete four (4) hours of

continuing education per year. However, an applicant for renewal who has been

initially licensed for less than two (2) years, but more than 1 year must have

completed four (4) hours of continuing education while licensed prior to

initial renewal. An applicant for renewal who has been initially licensed for

one (1) year or less is not required to complete continuing education prior to

initial renewal.

(3)

Credit for

continuing education hours occurs at a rate of one hour for each hour of

instruction.

(4)

Continuing

education courses shall be in the area related to electrical contracting as

prescribed by the division. Such continuing education courses must be conducted

by an accredited college or university; a post-secondary institute under the

jurisdiction of the Georgia Board of Technical and Adult Education or the

equivalent agency of another state or local government; an organization

consisting of members of a trade, technical, or professional group; a public

utility; or an electrical equipment manufacturer. However, courses conducted by

manufacturers specifically to promote their products shall not be approved

under this Rule.

(5)

Applicants for

renewal of electrical contractor license must report on the application for

renewal whether all applicable continuing education requirements have been met.

Licensees shall maintain, for at least five (5) years after completion of the

course, records confirming attendance at and completion of continuing education

courses, including the following information:

(a)

school, company, or organization

conducting the course;

(b)

title of

the course;

(c)

location and date

of the course;

(d)

course outline

or topics covered;

(e)

hours of

instruction;

(f)

documentation of

attendance and satisfactory completion.

(6)

Licensees must provide to the division

the records described in paragraph (5) of this Rule upon request.

(7)

The requirements for continuing education

may be waived by the Division of Electrical Contractors based on documentation

of hardship, disability, or illness which, to the satisfaction of the Division,

prevented the applicant from completing the requirements, or under such other

circumstances as the Division deems appropriate. The decision of the division

as to the waiver of the requirements shall be conclusive.

Cite as Ga. Comp. R.

& Regs. R. 121-4-.05

Authority: O.C.G.A

§§ 43-14-5,

43-14-6.

History. Original Rule entitled "Continuing Education" adopted. F.

Oct. 10, 1991; eff.

Oct. 30,

1991.

Amended: Rule retitled "Continuing Education for Air

Contractors" F. Nov. 13, 1998

eff. Dec. 3,

1998.

Amended: New Rule entitled "Continuing Education for

Electrical Contractors" (i.e., Rule

121-4-.07 renumbered as Rule

121-4-.05). F. Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-4-.07 Renumbered as Rule 121-4-.05

Ga. Comp. R. & Regs. r. 121-4-.07 Renumbered as Rule 121-4-.05

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-4. LICENSE ISSUANCE, RENEWAL, REINSTATEMENT, EXPIRATION, AND ACTIVATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-4-.07. Renumbered as Rule 121-4-.05

Cite as Ga. Comp. R.

& Regs. R. 121-4-.07

Authority: O.C.G.A

§§ 43-14-5,

43-14-6.

History. Original Rule entitled "Continuing Education for Electrical

Contractors" adopted. F. Dec. 4, 1996;

eff. Dec. 24,

1996.

Amended: F. Nov. 13,

1998; eff. Dec. 3,

1998.

Amended: Rule renumbered as

121-4-.05. F.

Feb. 27, 2025; eff.

Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-5-.02 Unprofessional Conduct, Defined

Ga. Comp. R. & Regs. r. 121-5-.02 Unprofessional Conduct, Defined

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-5. DISCIPLINARY PROCEEDING

Current through Rules and Regulations filed through March 24, 2026

Rule 121-5-.02. Unprofessional Conduct, Defined

"Unprofessional conduct" shall include, but not be limited to

the following:

(a)

Violating local

ordinances relating to the performance of contracted work covered by O.C.G.A.

Chapter 43-14 including failure to obtain the required permits and inspections

required by local ordinance;

(b)

Establishing a pattern of charging amounts substantially in excess of any

original estimate given by the licensee without having informed the consumer,

prior to the accrual of such charges, that the final amount due would or could

be substantially in excess of the original estimate;

(c)

Knowingly charging for unnecessary

work;

(d)

Diverting funds or

property received or obtained for the completion of a specific contract without

the specific authorization of the consumer and/or the contractor for that

particular job;

(e)

Failing to

disclose the name and license number of the person or persons supervising and

performing contracted work for a sole proprietorship, partnership, or

corporation whenever such information is reasonably requested by the Board or

its designee, any other state agency or representative, or any consumer or

member of the public.

(f)

Failing

to register with the Division the name of the business which the licensee or

certificate holder qualifies under Chapter 121-6 or failing to notify the

Division in writing within five (5) days of the severance of connection with a

registered business.

(g)

Operating

as a utility contractor without employing a person who holds a current utility

manager certificate to supervise the work performed by each permanent

office.

(h)

Registering a sole

proprietorship, partnership, limited liability company, or corporation which

the Division determines to be in violation of O.C.G.A.

10-1-490, which requires the

registration of trade names with the Superior Court.

(i)

Failing to provide documentation of the

registration with Superior Court of trade names to the division upon

request.

Cite as Ga. Comp. R.

& Regs. R. 121-5-.02

Authority: O.C.G.A

§§ 43-14-5,

43-14-6,

43-14-8.2.

History. Original Rule entitled "Unprofessional Conduct, Defined." F.

Feb. 27, 1989; eff.

Mar. 19,

1989.

Amended: F. Jan. 31,

1991; eff. Feb. 20,

1991.

Amended: F. Jun. 18,

1993; eff. July 8,

1993.

Amended: F. Jun. 27,

1994; eff. July 17,

1994.

Amended: F. Mar. 7,

1996; eff. Mar. 27,

1996

Amended: F. Feb. 27,

2025; eff. Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-6-.01 Business Registration

Ga. Comp. R. & Regs. r. 121-6-.01 Business Registration

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-6. BUSINESS REGISTRATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-6-.01. Business Registration

(1)

Sole proprietorships, partnerships, or corporations engaging in contracting covered by O.C.G.A. 48-14 must have regularly connected with such business a person holding an appropriate and current license or certificate. Such persons must actually be engaged in the practice of the business on a full-time basis and must provide adequate supervision of and be responsible for the work performed. Such persons may not qualify more than one proprietorship, partnership, or corporation for business registration at any one time. The qualifying licensee or certificate holder must provide supervision while the contracted work is in progress and must be able to respond in a timely manner to problems that may arise while the work done under his license is in progress. A licensee or certificate holder is deemed unable to supervise work or respond to problems during the hours when such licensee is working for another employer. Therefore during the hours the licensee or certificate holder is working for another employer, the sole proprietorship, partnership, or corporation cannot perform contracting work which is dependent upon the supervision of the licensee or certificate holder.

(2)

Notwithstanding the penalty that may be imposed under the provisions of O.C.G.A. 10-1-493 for failure to comply with O.C.G.A. 10-1-490, such failure is grounds for disciplinary action. See Rule 121-5-.02(h), Unprofessional Conduct defined.

Cite as Ga. Comp. R. & Regs. R. 121-6-.01

Authority: Ga. L. 1983, p. 434; O.C.G.A. Secs. 43-14-5, 43-14-8.

History. Original Rule entitled "Business Registration," was filed as Emergency Rule 121-6-0.18-.01 on April 28, 1981; effective April 22, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 121-6-0.18-.01 repealed and permanent Rule 121-6-.01 of the same title adopted. Filed July 30, 1981; effective August 19, 1981.

Amended: Rule repealed by Emergency Rule 121-6-0.25. Filed March 22, 1983; effective March 16, 1983, the data of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. (Said Emergency Rule expired July 13, 1983.)

Amended: Rule repealed and a new Rule of the same title adopted. Filed February 1, 1984; effective February 21, 1984.

Amended: F. Dec. 10, 1992; eff. Dec. 30, 1992.

Amended: F. Jun. 18, 1993; eff. July 8, 1993.

Repealed: New Rule, same title, adopted. F. Mar. 7, 1996; eff. Mar. 27, 1996.

Amended: F. Jan. 14, 2000; eff. Feb. 3, 2000.

Ga. Comp. R. & Regs. r. 121-6-.02 [Repealed]

Ga. Comp. R. & Regs. r. 121-6-.02 [Repealed]

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-6. BUSINESS REGISTRATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-6-.02. [Repealed]

Cite as Ga. Comp. R.

& Regs. R. 121-6-.02

Authority: O.C.G.A.

§§ 43-14-5,

43-14-6,

43-14-8,

43-14-9.

History. Original Rule entitled "Branch Offices" was filed as Emergency Rule

121-6-0.32-.02 on October 9, 1984;

effective September 26,

1984, the date of adoption, to remain in effect for a period of

120 days or until the effective date of a permanent Rule covering the same

subject matter superseding this Emergency Rule, as specified by the Agency.

(This Emergency Rule expired January 24, 1985.)

Amended: Rule entitled "Branch Offices" adopted. Filed

February 21, 1986; effective

March 13,

1986.

Repealed: Rule entitled "Primary Contractors and

Subcontractors" renumbered from

121-6-.03. F. Mar. 2, 1993; eff.

Mar. 22,

1993.

Amended: F. Aug. 23,

1996; eff. Sept. 12,

1996.

Repealed: F. Feb. 27,

2025; eff. Mar. 19,

2025.

Ga. Comp. R. & Regs. r. 121-6-.03 Utility Branch Offices

Ga. Comp. R. & Regs. r. 121-6-.03 Utility Branch Offices

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-6. BUSINESS REGISTRATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-6-.03. Utility Branch Offices

(1)

In cases where a utility contractor has more than one permanent office, then each permanent office shall be registered with the division. At least one person who holds a valid utility manager certificate shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.

(2)

The utility branch office must register with the division by furnishing the name and license number of the utility manager certificate holder. The utility contractor must notify the division in writing within five (5) days of the severance of connection with the qualifying certificate holder.

Cite as Ga. Comp. R. & Regs. R. 121-6-.03

Authority: O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.

History. Original Rule entitled "Primary Contractors and Subcontractors" adopted. F. Jun. 6, 1991; eff. Jun. 26, 1991.

Repealed: F. Mar. 2, 1993; eff. Mar. 22, 1993.

Repealed: Rule entitled "Utility Branch Offices" adopted. F. Jun. 28, 1993; eff. July 8, 1993.

Ga. Comp. R. & Regs. r. 121-6-.05 Grace Period for Utility Contractors

Ga. Comp. R. & Regs. r. 121-6-.05 Grace Period for Utility Contractors

Georgia Administrative Code

Department 121. STATE CONSTRUCTION INDUSTRY LICENSING BOARD

Chapter 121-6. BUSINESS REGISTRATION

Current through Rules and Regulations filed through March 24, 2026

Rule 121-6-.05. Grace Period for Utility Contractors

(1)

In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee the work performed by the contractor, including any branch offices, the contractor must notify the Division of Utility Contractors within 5 days following the last day of employment of the certificate holder. Except as provided in paragraph (4), upon such notice, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder before any action may be taken to revoke the utility contractor's license. If the utility contractor fails to notify the division within 5 days or allows the grace period to expire without employing a utility manager certificate holder to oversee the work, the utility contractor no longer has the right to engage in the business of utility contracting, and failure to employ a certificate holder shall be grounds for revocation or suspension of the utility contractors license.

(2)

Utility contractors who are granted a grace period to employ a utility manager certificate holder must report within five (5) days the employment of a certificate holder.

(3)

In the event that a licensed utility contractor can show good cause for being unable to employ a utility manager certificate holder within the 90-day grace period, the contractor may apply for one additional 90-day grace period. Such applicant must be submitted to the division at least 15 days prior to the expiration of the original grace period. One additional 90-day grace period may be approved if the contractor can show good cause which is acceptable to the division. Such application must show the contractor's efforts to employ a certificate holder, the reason for the contractor's inability to employ a certificate holder, and the contractor's plan for employing a certificate holder within the next 90 days. Good cause for not having hired a certificate holder may include but is not limited to medical emergencies, natural emergencies, or employee who has a certificate application on file pending approval by the division. To be approved, the division must determine that the failure to hire a certificate holder was beyond the contractor's ability and that the contractor can be expected to hire a certificate holder within the next 90 days.

(4)

A utility contractor may not be granted grace periods totaling more than 180 days during any two-year period. The number of days applied to this limit will be determined by the number of days granted and should not be reduced if the contractor employs a certificate holder prior to the expiration of the grace period.

Cite as Ga. Comp. R. & Regs. R. 121-6-.05

Authority: O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.

History. Original Rule entitled "Grace Period for Utility Contractors" adopted. F. Jun. 18, 1993; eff. July 8, 1993.

Ga. Comp. R. & Regs. r. 180-10-.01 Corporate Practice: Professional Engineering

Ga. Comp. R. & Regs. r. 180-10-.01 Corporate Practice: Professional Engineering

Georgia Administrative Code

Department 180. GEORGIA PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD

Chapter 180-10. COMPLIANCE AND ENFORCEMENT

Current through Rules and Regulations filed through March 24, 2026

Rule 180-10-.01. Corporate Practice: Professional Engineering

(1)

As used in O.C.G.A. § 43-15-23(c), the phrase "responsible charge" means the independent control, direction and supervision, by the use of initiative, skill and independent judgment of the practice of professional engineering as defined in O.C.G.A. § 43-15-2(11).

(2)

In order to be considered eligible for a certificate of authorization, any individual who is in responsible charge of the practice of professional engineering for the firm, corporation, professional corporation, partnership or association or other entity shall be a full-time employee of the firm, corporation, professional corporation, partnership, association or other entity, regularly engaged in the practice of professional engineering. Such individual shall not be:

(a)

available to perform engineering services only on a part-time, independent contractor basis at the call of such firm, corporation, partnership, association or other business entity; or

(b)

available on an if-and-when needed consulting basis; or,

(c)

not actively practicing professional engineering with such firm, corporation, partnership, association or other business entity.

(3)

The practice of professional engineering for any firm, corporation, partnership, association or other business entity shall not be considered to be under the direction of a professional engineer unless such professional engineer bears a continuing bonafide relation thereto and has such authority from the governing body of such business entity as would result in its being legally liable for all such professional engineer's professional acts and judgments.

Cite as Ga. Comp. R. & Regs. R. 180-10-.01

Authority: Ga. L. 1975, pp. 1048-1071, Ga. Code 84-2106(a); O.C.G.A. Secs. 43-15-4(a), 43-15-6(1), 43-15-23.

History. Original Rule entitled "Hearings and Violations" was filed and effective on June 30, 1965.

Amended: Rule repealed. Filed July 31, 1975; effective August 20, 1975.

Amended: Rule entitled "Corporate Practice; Professional Engineering" adopted. Filed November 23, 1981; effective December 13, 1981.

Amended: F. Aug. 9, 1990; eff. Aug. 29, 1990.

Repealed: New Rule entitled "Corporate Practice: Professional Engineering" adopted. F. Jan. 10, 1991; eff. Jan. 30, 1991.

Ga. Comp. R. & Regs. r. 180-10-.02 Corporate Practice: Land Surveying

Ga. Comp. R. & Regs. r. 180-10-.02 Corporate Practice: Land Surveying

Georgia Administrative Code

Department 180. GEORGIA PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD

Chapter 180-10. COMPLIANCE AND ENFORCEMENT

Current through Rules and Regulations filed through March 24, 2026

Rule 180-10-.02. Corporate Practice: Land Surveying

(1)

As used in O.C.G.A. § 43-15-23.1(c), the phrase "responsible charge" means the independent control, direction and supervision, by the use of initiative, skill and independent judgment of the practice of land surveying as defined in O.C.G.A. § 43-15-2(6).

(2)

In order to be considered eligible for a certificate of authorization, any individual who shall be in responsible charge of the practice of land surveying for the firm, corporation, professional corporation, partnership, association or other entity shall be a full-time employee of the firm, corporation, professional corporation, partnership, association or other entity, regularly engaged in the practice of professional land surveying. Such individual shall not be:

(a)

available to perform land surveying services only on a part-time, independent contractor basis at the call of such firm, corporation, partnership, association or other business entity; or

(b)

available on an if-and-when needed consulting basis; or,

(c)

not actively practicing land surveying with such firm, corporation, partnership, association or other business entity.

(3)

The practice of land surveying for any firm, corporation, partnership, association or other business entity shall not be considered to be under the direction of a land surveyor unless such land surveyor bears a continuing bonafide relation thereto and has such authority from the governing body of such business entity as would result in its being legally liable for all such land surveyor's professional acts and judgments.

Cite as Ga. Comp. R. & Regs. R. 180-10-.02

Authority: Ga. L. 1975, pp. 1048-1071; Ga. Code 84-2106(a); O.C.G.A. Secs. 43-15-4(a), 43-15-6(1), 43-15-23.1.

History. Original Rule entitled "Hearings: Registrants" was filed and effective on June 30, 1965.

Amended: Rule repealed. Filed July 31, 1975; effective August 20, 1975.

Amended: Rule entitled "Corporate Practice; Land Surveying" adopted. Filed November 23, 1981; effective December 13, 1981.

Repealed: New Rule entitled "Corporate Practice: Land Surveying" adopted. F. Jan. 10, 1991; eff. Jan. 30, 1991.

Ga. Comp. R. & Regs. r. 180-6-.03 Rules of Practice

Ga. Comp. R. & Regs. r. 180-6-.03 Rules of Practice

Georgia Administrative Code

Department 180. GEORGIA PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD

Chapter 180-6. RULES OF PROFESSIONAL CONDUCT

Current through Rules and Regulations filed through March 24, 2026

Rule 180-6-.03. Rules of Practice

(1)

The engineer or

land surveyor shall perform services only in areas of his/her competence. The

engineer or land surveyor shall undertake to perform engineering or land

surveying assignments only when qualified by education or experience in the

specific technical field of professional engineering or land surveying

involved.

(2)

The engineer or land

surveyor may accept an assignment requiring education or experience outside of

his/her own field of competence, but only to the extent that his/her services

are restricted to those phases of the project in which he/she is qualified. All

other phases of such project shall be performed by qualified associates,

consultants or employees who shall sign, seal, and be responsible for such

other phases or technical segments of the project.

(3)

The professional engineer who develops

the design criteria and engineering concept for a project, provides analysis,

and is responsible for the preparation of the construction documents shall be

responsible for the design of the project within his/her contractual area of

engineering services and shall be known as the engineer of record.

(4)

In the event that a professional engineer

who is not the engineer of record is used for specific portions of the work,

that individual shall be a registered engineer in the State of Georgia and

shall seal, sign, and date his/her own reports, calculations, and drawings.

He/she shall coordinate his/her work with the engineer of record and shall be

responsible to the engineer of record for that specific portion of the project

design. He/she shall be known as the specialty engineer.

(5)

The engineer or land surveyor shall not

affix his/her signature and/or seal to any engineering or land surveying plan,

document, or plat unless such plan, document, or plat is prepared by the

registrant or an individual in the employ of the registrant. All plans,

documents, and plats prepared by non-registrants must be prepared under the

direct supervisory control of the registrant on a daily basis.

(6)

The term "Direct supervisory control" as

referenced in O.C.G.A. § 43-15, as related to engineering shall require

the certifying registrant to provide guidance and direction to personnel in the

preparation of engineering plans, documents, or drawings in each phase of the

preparation of the calculations, drawings, specifications, reports, and all

other work products completed by said personnel. "Personnel" shall be defined

as any registrant or non-registrant employee or contract registrant or

non-registrant (whether full-time or part-time) or sub-consultant to the

certifying registrant who are members of the team producing work product to be

certified by the certifying registrant. The term "Direct supervisory control"

referenced in O.C.G.A. § 43-15, as related to land surveying, shall

require the certifying land surveying registrant to provide daily guidance and

direction to personnel in the performance and calculations related to field

work and the preparation of land surveying drawings and other related

documents. Land surveying personnel must be employed and managed directly by a

registrant or firm licensed to practice land surveying in Georgia. Direct

supervisory control may be typically established at a location (address) where

both the certifying registrant and personnel are employed and there is a direct

connection between the certifying registrant and the personnel. If the

certifying registrant and the personnel are not located at the same location,

then the certifying registrant must be able to demonstrate how direct

supervisory control is maintained over the personnel and how the certifying

registrant and the personnel maintain a direct connection for the direct

supervisory control of the engineering or surveying work as indicated above, if

requested by the Board. Satisfactory proof of direct supervisory control from

the certifying registrant over the personnel includes, but is not limited to,

written guidance or directions to the personnel; written records of ongoing

communication during the project; and work product mark-ups by the certifying

registrant to the personnel. The Board shall determine if such direct

supervisory control provided by the certifying registrant is acceptable to the

Board.

(7)

In the event a question

arises as to the competence of an engineer or land surveyor to perform an

assignment, the Board may require him/her to submit to an appropriate

examination, as determined by the Board. That action by the Board shall be

required only if the question cannot be otherwise resolved to the Board's

satisfaction.

(8)

Renovation or the

retrofitting of a building or structure is considered as the practice of

engineering when the work involves the addition or reduction of weight or

loading; analysis of structural systems or members; removal or addition of

structural elements; analysis of drainage systems on or below the roof surface;

changes to the drainage characteristics; or changes required for the building

or structure to conform to current jurisdictional building codes. Nothing in

this rule is intended to restrict the normal practice by registered architects.

Nothing in this rule is intended to restrict the normal practice of roofing

contractors insofar as repairing or the replacement of like kind of roofing

systems so long as no additional weight is added.

Cite as Ga. Comp. R.

& Regs. R. 180-6-.03

Authority: O.C.G.A.

§§ 43-1-25,

43-15-4,

43-15-6, and

43-15-22.

History. Original Rule entitled "Rules of Practice" was filed and effective

as Emergency Rule on July 31,

1975, to remain in effect for a period of 120 days or until a

permanent Rule covering the same subject matter has been adopted superseding

this Emergency Rule.

Amended: Permanent Rule adopted. Filed

November 4, 1975; effective

November 24,

1975.

Amended: F. Aug. 9,

1990; eff. Aug. 29,

1990.

Repealed: New Rule of same title adopted. F.

Feb. 25, 1993; eff.

Mar. 17,

1993.

Repealed: New Rule of same title adopted. F.

Jan. 17, 1996; eff.

Feb. 6, 1997.

Amended: F. Nov. 13,

1997; eff. Dec. 3,

1997.

Amended: F. May 30,

2017; eff. June 19,

2017.

Amended: F. Jan. 12,

2026; eff. Feb. 1,

2026.

Ga. Comp. R. & Regs. r. 180-6-.05 Conflict of Interest

Ga. Comp. R. & Regs. r. 180-6-.05 Conflict of Interest

Georgia Administrative Code

Department 180. GEORGIA PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD

Chapter 180-6. RULES OF PROFESSIONAL CONDUCT

Current through Rules and Regulations filed through March 24, 2026

Rule 180-6-.05. Conflict of Interest

(1)

The engineer or land surveyor shall avoid conflicts of interest. The engineer or land surveyor shall conscientiously avoid conflict of interest with his/her employer or client, but, when unavoidable, the engineer or land surveyor shall forthwith disclose the circumstances to his employer or client.

(2)

The engineer or land surveyor shall avoid all known conflicts of interest with his/her employer or client and shall promptly inform his/her employer of any business association, interests, or circumstances which could influence his/her judgment or the quality of his/her services.

(3)

The engineer or land surveyor shall not accept compensation, financial or otherwise, from more than one party for services on the same project or for services pertaining to the same project unless the circumstances are fully disclosed to and agreed to by all interested parties.

(4)

The engineer or land surveyor shall not solicit or accept financial or other valuable considerations, directly or indirectly, from material or equipment suppliers, or their representatives, for specifying their products.

(5)

The engineer or land surveyor shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for which he/she is responsible.

(6)

The engineer or land surveyor in public service as a member, advisor, or employee of a governmental body or department shall not participate in considerations or actions with respect to matters involving him/her or his/her organization's private or public engineering or land surveying practices.

(7)

The engineer or land surveyor shall not solicit or accept an engineering or land surveying contract from a governmental body on which a principal or officer of his/her organization serves as a member.

Cite as Ga. Comp. R. & Regs. R. 180-6-.05

Authority: Ga. Code 84-21; O.C.G.A. Sec. 43-15.

History. Original Rule entitled "Conflict of Interest" was filed and effective as Emergency Rule on July 31, 1975, to remain in effect for a period of 120 days or until a permanent Rule covering the same subject matter has been adopted superseding this Emergency Rule.

Amended: Permanent Rule adopted. Filed November 4, 1975; effective November 24, 1975.

Amended: F. Aug. 9, 1990; eff. Aug. 29, 1990.

Ga. Comp. R. & Regs. r 310-10-.01

A contractor, as defined by Section 43-23-17 paragraph (a)(1) of the law governing the practice of Landscape Architects in Georgia, may charge a fee for the purpose of consultation regarding the proper use of plants including the preparation of a plan delineating the use of plants provided that said plan does not impact the public safety, health, or welfare. However, any plan prepared shall be limited to the use by the same contractor for the sole purpose of installing said plants.

Ga. Comp. R. & Regs. r. 520-1-.07 Management Responsibilities of Real Estate Firms

Ga. Comp. R. & Regs. r. 520-1-.07 Management Responsibilities of Real Estate Firms

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.07. Management Responsibilities of Real Estate Firms

(1)

Name of Firm. A broker shall not conduct business under any name other than the one in which the broker's license is issued.

(2)

Responsibilities of Brokers or Qualifying Brokers.

(a)

A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with the broker or the broker's firm who violates any of the provisions of O.C.G.A. Chapter 43-40 and its attendant Rules and Regulations.

(b)

Every broker or qualifying broker shall be responsible to instruct licensees affiliated with the broker or the broker's firm of the provisions set forth in the License Law and its Rules and Regulations.

(c)

The broker or qualifying broker shall notify the Georgia Real Estate Commission of any violation of the License Law and its Rules and Regulations.

See also O.C.G.A. §§ 43-40-1, 43-40-2, & 43-40-18.

(3)

Change of Qualifying Broker.

(a)

Whenever the qualifying broker of a partnership, limited liability company, or corporation dies, resigns, or is discharged unexpectedly, the partnership, limited liability company, or corporation must secure a new qualifying broker within 60 days or cease all real estate brokerage activity until it does secure a new qualifying broker.

(b)

During the period of time that the firm is seeking a new qualifying broker to replace a qualifying broker who dies, resigns, or is discharged unexpectedly, the firm must designate a partner, if a partnership; a member, if a limited liability company; or an officer, if a corporation, to sign any documents and applications which must be filed with the Commission and to disburse trust funds from the firm's designated trust account(s) as may be required by any contracts or agreements authorizing the firm to hold such trust funds.

(4)

Qualifying Brokers Affiliated with Multiple Firms.

(a)

A person licensed by the Commission as a broker or qualifying broker for a licensed firm may serve as the broker or qualifying broker with one or more other licensed firms.

(b)

A person licensed as an associate broker and affiliated with a licensed firm may serve as the broker or qualifying broker for one or more other licensed firms provided such person has notified in writing the broker with whom he or she is affiliated as an associate broker of his or her intended services as a broker or qualifying broker with another firm.

See also O.C.G.A. §§ 43-40-2, 43-40-14, & 43-40-25.

(5)

Transferring Licensees Into or Out of a Firm.

(a)

Any broker seeking to have a licensee affiliate with the broker's firm shall enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their broker, the Commission shall not regulate the content of such agreements or enforce the provisions of such agreements. A dispute between licensees as to whether the terms of this agreement have been met shall not be grounds for the broker's refusal to sign a release and to forward the wall certificate of licensure to the Commission nor for either party to file a complaint with the Commission.

(b)

When a licensee requests that a release form be signed, the releasing broker shall immediately sign the release and forward the wall certificate of licensure of the departing licensee to the Commission or notify the Commission in writing that the wall certificate of licensure has been forwarded to the new broker for whom the licensee will act. If a licensee assumes the responsibility of delivering the wall certificate to a new broker, then the wall certificate must be delivered as soon as practically possible after the licensee receives it from the releasing broker.

(c)

Any licensee transferring shall not take, nor have in the licensee's possession, nor use any written brokerage engagement secured through the office or through licensed affiliates of the releasing broker, unless specifically authorized by the broker. The names of all prospective customers or clients given in writing to the departing licensee during the tenure of the affiliation with the releasing broker shall be accounted for to that broker. All plats of property, keys and other property which the releasing broker owns or for which the releasing broker is responsible,"for sale" signs, notebooks, listing cards, or records of any kind that have been used in connection with the listing or selling of property or with the management of property or community associations shall be returned in person by the departing licensee to the person designated by the releasing broker. Any broker seeking to have a licensee affiliate with the broker's firm shall enter into a written agreement expressing the terms under which the provisions of this paragraph shall be fulfilled upon the licensee's transferring from the broker. Failure of a departing licensee to meet the requirements of this paragraph shall not be grounds for the broker's refusal to sign a release and to forward the wall certificate of licensure to the Commission, but shall be grounds for the filing with the Commission of a formal written complaint against the departing licensee.

(d)

Whenever a broker returns to the Commission a wall certificate of licensure of a licensee affiliated with the broker's firm, the certificate shall be accompanied by a release signed by both the broker or authorized associate broker and the licensee or by a signed statement that such a release has been signed by both parties. The licensee shall then transfer the license to another broker or apply to place the license on inactive status within one month of the Commission's receipt of the licensee's wall certificate of licensure. If a broker is releasing a licensee for reasons other than the licensee's request and is unable for any reason to obtain the licensee's signature on the release, the broker or authorized associate broker shall send to the Commission a copy of a letter from the broker or authorized associate broker mailed to the licensee's last known address indicating that the broker is returning the license to the Commission. The broker's letter to the licensee should state clearly that the licensee has one month from the Commission's receipt of the licensee's wall certificate of licensure to apply to transfer to another broker or to apply to place the license on inactive status.

(e)

Whenever a licensee decides to terminate an affiliation with a firm, such licensee may not have any contact with any of the firm's clients that the licensee is serving under a listing, a management agreement, or other brokerage engagement until the expiration of such a brokerage engagement, except as may be expressly approved in writing by the broker or qualifying broker of the firm that the licensee is leaving.

(f)

Applications for sponsoring broker forms and applications for transfer or release may be signed only by the broker or an associate broker if the broker permits the associate broker such authority in writing. Such written authority shall be permanently maintained by the broker.

(g)

Duplicate certificates of licensure and/or pocket cards shall be issued upon satisfactory proof of loss of the original.

See also O.C.G.A. §§ 43-40-2, 43-40-7, 43-40-11, 43-40-14, & 43-40-25.

(6)

Utilizing Support Personnel - Task Guidelines.

(a)

Whenever a firm or a licensee who is affiliated with a firm engages support personnel to assist the firm or the affiliated licensee in the conduct of the real estate brokerage business, both the firm and the affiliated licensee are responsible for the acts of the support personnel and for assuring that the support personnel comply with the requirements of this rule and the license law. Support personnel may not perform any real estate brokerage activities of a real estate licensee when engaged as support personnel and may perform only ministerial duties, those that do not require discretion or the exercise of the support personnel's own judgment.

(b)

Nothing in this rule shall prohibit an individual employed by a firm to assist in the management of property from undertaking those activities permitted by O.C.G.A. Section 43-40-29(10).

(c)

An individual actively licensed with one firm may work as support personnel for a different firm or for a licensee(s) of a different firm with the written consent of the broker of each firm. An individual whose license is on inactive status may work as support personnel for a firm or any affiliated licensee.

(d)

Any firm which employs (or engages under an independent contractor agreement) support personnel to assist such firm or an affiliated licensee of said firm in carrying out his or her real estate brokerage activities must:

1.

enter into a written agreement with the support personnel specifying the duties that the support personnel may undertake on behalf of the firm or an affiliated licensee of the firm and the tasks that support personnel are prohibited from performing on behalf of the firm or an affiliated licensee of the firm;

2.

if applicable, enter into a written agreement with the affiliated licensee authorizing the use of the support personnel, specifying the duties that the support personnel may undertake on behalf of the affiliated licensee of the firm and the tasks that support personnel are prohibited from performing, and approving any compensation arrangement the affiliated licensee has with the support personnel;

3.

if applicable, assure that the affiliated licensee of the firm and the support personnel have entered into a separate written agreement specifying the duties that the support personnel may undertake on behalf of the affiliated licensee of the firm, the tasks that support personnel are prohibited from performing, and the compensation arrangement the affiliated licensee has with the support personnel.

(e)

In order to provide reasonable guidelines for firms, affiliated licensees and support personnel, but without defining every permitted or prohibited activity, the Commission has identified the following tasks that support personnel may perform:

1.

answer the telephone and forward calls and emails to a licensee;

2.

submit data on listings to a multiple listing service;

3.

check on the status of loan commitments after a contract has been negotiated;

4.

assemble documents for closings;

5.

secure documents that are public information from a courthouse and other sources available to the public;

6.

have keys made for firm listings and install or remove lock boxes from firm listings;

7.

write advertisements and promotional materials for the approval of the firm and any affiliated licensee;

8.

place advertisements in the media as defined in Rule 520-1-.09(1)(b) and as directed by the firm;

9.

record, and deposit earnest money, security deposits, and rents;

10.

type contract forms as directed by the firm or affiliated licensee of the firm;

11.

monitor personnel files and license reports from the Commission;

12.

compute commission checks;

13.

place signs on real estate and remove such signs;

14.

order items of routine repair as directed by the firm or affiliated licensee;

15.

act as courier for such purposes as delivering documents or obtaining documents and keys;

16.

schedule appointments with an owner or an owner's agent in order for a licensee to show listed real estate;

17.

arrange dates and times for inspections;

18.

arrange dates and times for a mortgage application, a pre-closing walk through, or a closing;

19.

schedule an open house;

20.

accompany a licensee to an open house or a showing only for security purposes; or

21.

perform physical maintenance on real estate.

(f)

The Commission has identified the following tasks that support personnel shall not perform:

1.

make cold calls by telephone, in person, or through any media as defined in Rule 520-1-.09(1)(b) or otherwise contact the public for the purpose of securing prospects for listings, leasing, sales, exchanges, or property management of real estate;

2.

host open houses, kiosks, home show booths, or fairs;

3.

prepare promotional materials or advertisements without the review and approval of an affiliated licensee and firm;

4.

show real estate;

5.

answer any questions on title, financing, or closings (other than the time and place);

6.

answer any questions regarding a listing except for information on price and amenities expressly authorized in writing by the licensee;

7.

discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the firm;

8.

negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee;

9.

discuss the attributes or amenities of real estate, under any circumstances, with a prospective purchaser or lessee;

10.

discuss with the owner of real estate, the terms and conditions of the real estate offered for sale or lease;

11.

collect or hold deposit monies, rent, other monies or anything of value received from the owner of real estate or from a prospective purchaser or lessee; or

12.

provide owners of real estate or prospective purchasers or lessees with any advice, recommendations or suggestions as to the sale, purchase, exchange, or leasing of real estate that is listed, to be listed, or currently available for sale or lease.

(g)

Unlicensed support personnel or inactive licensed support personnel shall not hold themselves out in any manner, orally or in writing, as being actively licensed or affiliated with a particular firm or real estate broker as a licensee.

(7)

Sharing Commissions with Non-Resident Brokers. A licensed broker in this state is hereby permitted to divide or share a real estate commission with a licensed broker in another state. If a broker licensed in another licensing jurisdiction refers prospective clients or customers to a Georgia broker, the Georgia broker may pay a fee to such licensed broker. Such brokers who refer prospective clients or customers to a Georgia broker may not perform any of the other acts of a broker with regard to property located in this state unless they first obtain a nonresident's license or enter into a written agreement with a Georgia broker as permitted by O.C.G.A. Section 43-40-9.

See also O.C.G.A. §§ 43-40-2, 43-40-9, & 43-40-25.

Cite as Ga. Comp. R. & Regs. R. 520-1-.07

Authority: O.C.G.A. Secs. 43-40-2, 43-40-14, 43-40-25.

History. Original Rule entitled "Broker or Salesman Attempting to Act in Dual Capacity" adopted as ER. 520-1-0.1-.07. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Closing" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: New Rule entitled "Real Estate Brokers and Qualifying Brokers" adopted. F. Feb. 13, 1986; eff. Apr. 1, 1986, as specified by the Agency.

Amended: F. July 19, 1994; eff. August 8, 1994.

Repealed: New Rule entitled "Management Responsibilities of Real Estate Firms" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Oct 10, 2014; eff. November 1, 2014, as specified by the Agency.

Ga. Comp. R. & Regs. r. 553-1-.01 Organization of Board

Ga. Comp. R. & Regs. r. 553-1-.01 Organization of Board

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-1. ORGANIZATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-1-.01. Organization of Board

The State Licensing Board for Residential and General Contractors shall be composed of 14 members appointed by the Governor for five year terms, except as specifically delineated for the initial members. The Board shall be divided into two divisions, each consisting of 7 members: the residential contractor division, having jurisdiction of and authority over two subcategories of residential contracting, residential-basic and residential-light commercial, and the general contractor division. Each division shall meet at least six times each year, with the Board meeting at least twice each year for the purpose of overseeing the operation of its divisions.

Cite as Ga. Comp. R. & Regs. R. 553-1-.01

Authority: Authority O.C.G.A. Secs. 43-41-1 to 43-41-3, 43-41-5.

History. Original Rule entitled "Organization of Board" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-1-.02 Officers

Ga. Comp. R. & Regs. r. 553-1-.02 Officers

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-1. ORGANIZATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-1-.02. Officers

The Board shall elect a chairperson and vice chairperson, each to serve for a one-year term. The office of chairperson shall be rotated between the two divisions, with the office of vice chairperson to be held by a member of the division other than that in which the chairperson serves. Each division shall elect from its membership a chairperson and a vice chairperson, each of whom shall serve a term of two years.

Cite as Ga. Comp. R. & Regs. R. 553-1-.02

Authority: O.C.G.A. Sec. 43-41-4.

History. Original Rule entitled "Officers" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-1-.03 Forms

Ga. Comp. R. & Regs. r. 553-1-.03 Forms

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-1. ORGANIZATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-1-.03. Forms

All necessary forms for licensure may be obtained by visiting the website at www.sos.state.ga.us ., or by writing the Board at 237 Coliseum Drive, Macon, Georgia 31217.

Cite as Ga. Comp. R. & Regs. R. 553-1-.03

Authority: O.C.G.A. Secs. 43-1-2, 43-41-6.

History. Original Rule entitled "Forms" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-1-.04 Public Information

Ga. Comp. R. & Regs. r. 553-1-.04 Public Information

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-1. ORGANIZATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-1-.04. Public Information

The public may obtain information and submit requests by visiting the website at www.sos.state.ga.us or at the Office of the Division Director, Professional Licensing Boards, 237 Coliseum Drive, Macon, GA 31217.

Cite as Ga. Comp. R. & Regs. R. 553-1-.04

Authority: O.C.G.A. Sec. 43-1-2.

History. Original Rule entitled "Public Information" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-10-.01 Inactive Status

Ga. Comp. R. & Regs. r. 553-10-.01 Inactive Status

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-10. INACTIVE LICENSE

Current through Rules and Regulations filed through March 24, 2026

Rule 553-10-.01. Inactive Status

(1)

Inactive Status for licensees choosing to refrain or retire from active practice as a residential or general contractor: A residential or general contractor may request the license be placed on inactive status under the following provisions:

(a)

Holds a valid residential or general contractor's license in the state of Georgia with a current expiration date.

(b)

Notifies the Board that the licensee chooses to refrain or retire from active practice as a residential or general contractor by submitting an Inactive Status application, as established by the Board, along with the required fee.

(c)

If the licensee is the sole qualifying agent for a business organization, the business organization shall have 120 days from the date of inactive status to submit an application to the Board for another Qualifying Agent, unless the respective Division receives other substantiated information that the company is no longer in business.

(d)

Shall not engage in contracting and shall not hold themselves out to the public as being available to provide residential or general contractor services.

(e)

Shall not be required to maintain continuing education credits.

(f)

Shall not be assessed a renewal fee for the period that the license is inactive.

(2)

Inactive Status for Qualifying Agent after disaffiliation from company: A license pertaining to a residential or general contractor who acts as a qualifying agent for a residential or general contractor company shall be placed on inactive status under the following provisions:

(a)

Holds a valid residential or general contractor's license in the state of Georgia with a current expiration date.

(b)

The licensee properly notifies the Board by submitting a Disaffiliation form, as established by the Board, that the licensee has disaffiliated from the company as required under O.C.G.A. § 43-41-9(e);

(c)

The company properly notifies the Board by submitting a Disaffiliation form, that the licensee has disaffiliated from the company as required under O.C.G.A. § 43-41-9(e);

(d)

The respective Division receives other substantiated information that the qualifying agent is no longer affiliated with the company; or

(e)

The respective Division receives other substantiated information that the company is no longer in business.

(f)

If the licensee is the sole qualifying agent for a business organization, the business organization shall have 120 days from the date of inactive status to submit an application to the Board for another Qualifying Agent, unless the respective Division receives other substantiated information that the company is no longer in business.

(3)

Contracting with an inactive license shall be considered unlicensed practice and is subject to disciplinary action.

(4)

If a residential or general contractor whose license has been placed on inactive status seeks to reactivate the inactive license, the licensee may be returned to active status if the following requirements are met:

(a)

A reactivation application, as established by the Board, along with the required fee, must be submitted to the Board.

(b)

Submit evidence of attendance of the required Board approved continuing education for each biennium that the license was inactive.

(c)

Provide evidence that licensee is in good standing in all states in which he or she has ever been licensed.

(d)

Submit proof of current general liability insurance and worker's compensation as required by law for the license type that is to be reactivated.

(e)

Submit proof of financial responsibility as is required for the license type that is to be reactivated.

(f)

Submit proof of active and compliant registration with the Georgia Corporations Division for the business organization as is required for the license type that is to be reactivated.

Cite as Ga. Comp. R. & Regs. R. 553-10-.01

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-5(a)(9), 43-41-9(e).

History. Original Rule entitled "Inactive License" adopted. F. Sept. 5, 2008; eff. Sept. 25, 2008.

Amended: New title "Inactive Status." F. July 12, 2019; eff. August 1, 2019.

Ga. Comp. R. & Regs. r. 553-11-.01 Changes in Status Which Must Be Reported

Ga. Comp. R. & Regs. r. 553-11-.01 Changes in Status Which Must Be Reported

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-11. CHANGES IN STATUS

Current through Rules and Regulations filed through March 24, 2026

Rule 553-11-.01. Changes in Status Which Must Be Reported

(1)

A licensee shall report the following changes to the Board:

(a)

A change in an individual's or qualifying agent's legal name.

1.

A change in an individual's or qualifying agent's legal name must be submitted on the designated form established by the Board within 30 days of the change.

2.

Notification must include copies of legal name change documents (e.g. divorce decree, marriage license, etc.)

(b)

A change in address or location.

1.

A change in mailing address or physical location for the Individual or Qualifying Agent must be submitted on the designated form established by the Board within 30 days of the change.

2.

A change in mailing address or physical location for the business organization must be submitted on the designated form established by the Board within 45 days of the change.

(c)

A change in the name or structure of the business organization.

1.

A change in the name of the business organization must be submitted on the designated form established by the Board within 45 days of the change and must include a Certificate of Amendment from the Corporations Division of the Secretary of State's office.

2.

A change in the structure of the business organization (e.g., ABC, Inc. to ABC, LLC) is not considered a name change and a new application will be required.

Cite as Ga. Comp. R. & Regs. R. 553-11-.01

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-9(d).

History. Original Rule entitled "Changes in Status Which Must Be Reported" adopted. F. Mar. 9, 2009; eff. Mar. 29, 2009.

Amended: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Amended: F. July 12, 2019; eff. August 1, 2019.

Ga. Comp. R. & Regs. r. 553-11-.02 Disaffiliation of Qualifying Agent

Ga. Comp. R. & Regs. r. 553-11-.02 Disaffiliation of Qualifying Agent

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-11. CHANGES IN STATUS

Current through Rules and Regulations filed through March 24, 2026

Rule 553-11-.02. Disaffiliation of Qualifying Agent

(1)

A licensee shall report a change in the Qualify Agent affiliation with a business organization to the Board:

(a)

A Qualifying Agent must notify the Board within 30 days of the termination of the relationship with the business organization for which they are licensed as qualifying agent by submitting a Disaffiliation form, as established by the Board. A Qualifying Agent license shall be placed on inactive status upon the Board's receipt of such notification pursuant to Rule 553-10-.01.

(b)

An owner or officer of a licensed Residential or General Contracting company must notify the Board within 45 days of the termination of the relationship with the affiliated licensed qualifying agent by submitting a Disaffiliation form, as established by the Board. A company license shall be placed on inactive status upon the Board's receipt of such notification pursuant to Rule 553-10-.01.

1.

If the licensee is the sole qualifying agent for a business organization, the business organization shall have 120 days from the date of disaffiliation to submit an application to the Board for another Qualifying Agent, unless the respective Division receives other substantiated information that the company is no longer in business.

2.

After the passage of the 120 day period, the business organization shall be placed on inactive status and cease to be considered licensed as a Residential or General Contracting company until a new application is approved by the appropriate division.

(c)

An owner or officer of a licensed Residential or General Contracting company must notify the Board within 45 days of the company no longer being in business by submitting a Disaffiliation form, as established by the Board. A company license shall be placed on inactive status upon the Board's receipt of such notification pursuant to Rule 553-10-.01.

(2)

Contracting as a qualifying agent after the date of the termination of the relationship with the business organization shall be considered unlicensed practice and is subject to disciplinary action.

(3)

Renewing a qualifying agent license after the date of the termination of the relationship with the business organization shall be considered fraud and is subject to disciplinary action.

Cite as Ga. Comp. R. & Regs. R. 553-11-.02

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-9(d),(e).

History. Original Rule entitled "Disaffiliation of Qualifying Agent" adopted. F. July 12, 2019; eff. August 1, 2019.

Ga. Comp. R. & Regs. r. 553-11-.03 Prior Approval

Ga. Comp. R. & Regs. r. 553-11-.03 Prior Approval

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-11. CHANGES IN STATUS

Current through Rules and Regulations filed through March 24, 2026

Rule 553-11-.03. Prior Approval

(1)

A residential or general contractor who holds a current and valid residential or general contractor's license in the State of Georgia may request issuance of a new license by the appropriate division without examination under the following provisions:

(a)

Notify the Board of his or her desire to engage in the same category of residential or general contracting which license was issued to him or her in their capacity either as an individual licensee or as a qualifying agent for a business organization by submitting a Prior Approval application with required supporting documents, as established by the Board, along with the required fee.

(b)

Shall otherwise meet the requirements for licensure.

(c)

Shall not be in violation of this chapter.

(2)

A residential or general contractor who was previously issued a residential or general contractor's license in the State of Georgia, may request issuance of a new license by the appropriate division without examination under the following provisions:

(a)

Notify the Board of his or her desire to engage in the same category of residential or general contracting which license was issued to him or her in their capacity either as an individual licensee or as a qualifying agent for a business organization by submitting a Prior Approval application with required supporting documents, as established by the Board, along with the required fee.

(b)

Submit evidence of attendance of required approved continuing education for each biennium that the license was not active if required by the respective Division.

(c)

Shall otherwise meet the requirements for licensure.

(d)

Shall not be in violation of this chapter.

(3)

Failure to provide proper notification of disaffiliation pursuant to Rule 553-11-.02 shall be considered a violation and is subject to disciplinary action of a public reprimand to include a fine, in addition to any other conditions required by the appropriate division.

Cite as Ga. Comp. R. & Regs. R. 553-11-.03

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-9(e)(2).

History. Original Rule entitled "Prior Approval" adopted. F. July 12, 2019; eff. August 1, 2019.

Ga. Comp. R. & Regs. r. 553-12-.01 License Renewal Residential Basic and Residential Light Commercial

Ga. Comp. R. & Regs. r. 553-12-.01 License Renewal Residential Basic and Residential Light Commercial

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.01. License Renewal Residential Basic and Residential Light Commercial

(1)

An application for renewal of a license, via mail or online, must be accompanied by a renewal fee as set by the Board and attestation of continuing education hours as required by the Board. Continuing Education requirements will begin with the 2012 renewal period. Continuing Education will not be required for the 2010 renewal.

(2)

The biennial renewal fee, set by the Board, is due and payable by June 30 of even numbered years. Any continuing education hours acquired to renew that license during the penalty period may not be used again during the next renewal cycle.

(3)

A penalty fee as determined by the Board shall be applicable to any applicant renewing his or her license after June 30 and through December 31 of the renewal period. Failure to renew a license by December 31 shall have the same effect as a revocation of said license. Reinstatement of a license shall be at the discretion of the Board, which may require that a completed application for licensure, including all applicable fees and other required information be submitted as if it was a new application. At the discretion of the Board, an applicant for reinstatement of a license may be required to successfully pass an examination.

(4)

An applicant for renewal of a license, via mail or online, must answer questions relating to his or her or company's insurance and financial state along with other questions pertaining to any applicable laws.

(5)

A licensee must produce, upon request of the Board, documents to support any or all of the sworn statements or affirmations made on a renewal application.

Cite as Ga. Comp. R. & Regs. R. 553-12-.01

Authority: O.C.G.A Secs. 43-1-19, 43-41-5, 43-41-6, U.S.C.A. Sec. 1621.

History. Original Rule entitled "License Renewal Residential Basic and Residential-Light Commercial" adopted. F. Jan. 4, 2010; eff. Jan. 24, 2010.

Ga. Comp. R. & Regs. r. 553-12-.02 Continuing Education-Residential

Ga. Comp. R. & Regs. r. 553-12-.02 Continuing Education-Residential

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.02. Continuing Education-Residential

(1)

Residential contractors by virtue of their training, education and/or experience have been licensed by the State Licensing Board for Residential and General contractors and therefore are eligible to provide the public with needed professional services. In furnishing these services the licensed residential contractor occupies a unique position of public trust. It is essential in maintaining this trust that each licensed residential contractor continuously strive to increase his or her technical skills and knowledge.

(2)

Pursuant to the provision of O. C. G. A Section 43-41-6(k), the Residential Division prescribes the following regulations establishing requirements of continuing professional education to be met from time to time by licensed residential contractors in order to demonstrate that they are continuing their professional education as a condition to continued licensure beginning with the 2012 renewal cycle.

(a)

For the 2012 renewal, an applicant for renewal of his or her residential license must have completed 3 hours of acceptable continuing education for a Residential Basic license and 6 hours of continuing education for a Residential Light Commercial license. For the 2014 renewal and thereafter, an applicant for renewal of his or her residential license must have completed 3 hours of acceptable continuing education each year for a Residential Basic license and 6 hours of continuing education each year for a Residential Light Commercial license, with a year being July 1st through June 30th.

(b)

Upon renewal of an existing license and as a condition to the renewal thereof, residential contractors licensed in the state of Georgia shall maintain and furnish to the Residential Division, upon request or random audit, official documentation of having completed three (3) hours of continuing education during each year for a Residential Basic license and six (6) hours of continuing education during each year for a Residential Light Commercial license. Official documentation of course attendance must be maintained by a licensed residential contractor for at least two (2) years following the end of the biennium during which the course is taken.

(c)

Compliance with all continuing education requirements is a condition for license renewal. Failure to complete all hours of mandatory continuing education shall serve as grounds to deny the renewal of a license and may also result in disciplinary action being taken against a licensee.

(d)

The Residential Division may relax or suspend the requirements of continuing education for reasons of individual hardship or health of the applicant

Cite as Ga. Comp. R. & Regs. R. 553-12-.02

Authority: Authority O.C.G.A Secs. 43-41-5, 43-41-6, 43-41-16.

History. Original Rule entitled "Continuing Education Residential" adopted. F. Oct. 7, 2010; eff. Oct. 27, 2010.

Amended: F. Apr. 20, 2011; eff. May 10, 2011.

Ga. Comp. R. & Regs. r. 553-12-.03 Program Which Qualify

Ga. Comp. R. & Regs. r. 553-12-.03 Program Which Qualify

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.03. Program Which Qualify

(1)

The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a formal program of learning which contributes directly to the professional competence of an individual licensed to practice as a residential contractor by this State, and which meets the minimum standards of quality of development and presentation and of measurement and reporting of credits as may be established from time to time by the Residential Division.

(2)

Subject Matter: The following general subject matters are acceptable so long as they meet the standards specified in subsection (1):

(a)

Building and related codes;

(b)

Functional fields of business (e.g., finance, marketing, personnel relations, business management, and organization);

(c)

Legal, legislative or regulatory updates;

(d)

Workplace safety;

(e)

Workers compensation;

(f)

Building techniques and technology.

(3)

Subjects of study other than those listed above will be acceptable if the applicant or program provider can demonstrate to the Residential Division that the subjects contribute directly to the professional competence of an individual licensed to practice as a residential contractor by this State. The responsibility for substantiating that a particular program is acceptable and meets the requirements rests upon the applicant or program provider. Applications for approval of subjects other than those listed in subsection (2) above shall be submitted to the Residential Division. Such applications shall include the name of the program provider, the instructor(s) for the program, the location of the program, a description of the program's content and how the proposed program satisfies the requirements of subsection (1), and a program outline. The Residential Division must approve the application before the provider may offer the class for continuing education credit.

(4)

Continuing education hours may be obtained via classroom courses and/or online or correspondence courses. Online and correspondence courses may not exceed 50% of the continuing education hours required.

(a)

General requirements:

1.

An outline of the program is prepared in advance by the program director and retained by the license holder;

2.

The program is conducted by a person whose formal training and experience qualify him as a competent instructor;

3.

Hours of continuing professional education shall be calculated in one-half continuing professional education credit hour increments;

4.

A record of registration and attendance through the entire program is maintained, a copy of which is retained by the student and program provider.

5.

The program provider will provide the Residential Division with an electronic roster of license holders who have completed any course and the number of hours completed.

(b)

The following programs will qualify provided the general requirements in (4)(a) are met:

1.

Professional development programs of recognized national, state and local trade associations;

2.

Technical sessions at meetings of recognized national, state and local trade associations and their chapters;

3.

University or college courses;

4.

Noncredit courses from a college or university;

5.

Dinner, luncheon and breakfast meetings of recognized trade associations may qualify if the requirements in (a) are met.

Cite as Ga. Comp. R. & Regs. R. 553-12-.03

Authority: Authority O.C.G.A Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Programs Which Qualify" adopted. F. Oct. 7, 2010; eff. Oct. 27, 2010.

Ga. Comp. R. & Regs. r. 553-12-.04 Controls and Reporting

Ga. Comp. R. & Regs. r. 553-12-.04 Controls and Reporting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.04. Controls and Reporting

(1)

An applicant for renewal of a license must provide a signed statement or affirmative response if renewing online, under oath, that all applicable continuing education requirements have been met.

(2)

All licensees shall maintain their records confirming attendance at and completion of continuing education, including the following information:

(a)

School or organization conducting the program;

(b)

Location of the program;

(c)

Title of program or description of content;

(d)

Program outline;

(e)

Dates attended;

(f)

Hours claimed;

(g)

Evidence of satisfactory completion.

(3)

Records described in paragraph (2) of this section must be maintained by each licensee and program provider for two (2) years following the end of the biennium and must be submitted to the Board upon request.

(4)

Evidence of satisfactory completion shall take the form of certificates of completion, attendance records, examination, transcripts, or other such independently verifiable evidence acceptable to the Board.

(5)

The Board will verify on a test basis information submitted by applicants for license renewals. In cases where the Board determines that the requirement is not met, the Board may grant an additional period of time in which the deficiencies may be cured.

Cite as Ga. Comp. R. & Regs. R. 553-12-.04

Authority: O.C.G.A Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Controls and Reporting" adopted. F. Jan. 4, 2010; eff. Jan. 24, 2010.

Ga. Comp. R. & Regs. r. 553-12-.05 License Renewal - General Contractor Limited Tier and General Contractor Unlimited

Ga. Comp. R. & Regs. r. 553-12-.05 License Renewal - General Contractor Limited Tier and General Contractor Unlimited

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.05. License Renewal - General Contractor Limited Tier and General Contractor Unlimited

(1)

An application for renewal of a license, via mail or online, must be accompanied by a renewal fee as set by the Board.

(2)

The biennial renewal fee, set by the Board, is due and payable by June 30 of even numbered years. Any continuing education hours acquired to renew that license during the penalty period may not be used again during the next renewal cycle.

(3)

A penalty fee as determined by the Board shall be applicable to any applicant renewing his or her license after June 30 and through December 31 of the renewal period. Failure to renew a license by December 31 shall have the same effect as a revocation of said license. Reinstatement of a license shall be at the discretion of the Board, which may require that a completed application for licensure, including all applicable fees and other required information be submitted as if it was a new application. At the discretion of the Board, an applicant for reinstatement of a license may be required to successfully pass an examination.

(4)

An applicant for renewal of a license, via mail or online, must answer questions relating to his or her or company's insurance and financial state along with other questions pertaining to any applicable laws.

(5)

A licensee must produce, upon request of the Board, documents to support any or all of the sworn statements or affirmations made on a renewal application.

Cite as Ga. Comp. R. & Regs. R. 553-12-.05

Authority: O.C.G.A Secs. 43-1-19, 43-41-5, 43-41-6, 43-41-9, 8 U.S.C.A. Sec. 1621.

History. Original Rule entitled "License Renewal - General Contractor Limited Tier and General Contractor Unlimited" adopted. F. Jan. 4, 2010; eff. Jan. 24, 2010.

Ga. Comp. R. & Regs. r. 553-12-.06 Revocation for Failure to Renew and Reinstatement

Ga. Comp. R. & Regs. r. 553-12-.06 Revocation for Failure to Renew and Reinstatement

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-12. LICENSE RENEWAL AND CONTINUING EDUCATION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-12-.06. Revocation for Failure to Renew and Reinstatement

(1)

Failure to renew a license within the six months late renewal period ending December 31 of the renewal year shall have the same effect as revocation of the license.

(2)

Persons not renewing within the 6 months late period may apply for reinstatement of the license by submitting a reinstatement application with a reinstatement fee established by the Board. Residential applicants must submit evidence of attendance of the required approved continuing education for each biennium that the license was lapsed.

(3)

The reinstatement of any license shall be at the sole discretion of the appropriate division and such division may deny the license or approve such license with any conditions it may deem necessary, including but not limited to the retaking of the licensure examination.

(4)

Denial of a reinstatement application is not considered a contested case under the APA.

Cite as Ga. Comp. R. & Regs. R. 553-12-.06

Authority: O.C.G.A. §§ 43-1-19(l), 43-41-5(a)(7), 43-41-6(i), 43-41-6(k).

History. Original Rule entitled "Revocation for Failure to Renew and Reinstatement" adopted. F. Oct. 7, 2010; eff. Oct. 27, 2010.

Amended: F. July 12, 2019; eff. August 1, 2019.

Ga. Comp. R. & Regs. r. 553-2-.01 Examination Exemption Provisions - Residential Contractor Division

Ga. Comp. R. & Regs. r. 553-2-.01 Examination Exemption Provisions - Residential Contractor Division

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.01. Examination Exemption Provisions - Residential Contractor Division

As prescribed in O.C.G.A. § 43-41-8, certain persons are eligible to receive a residential contractor license from the residential contractor division without examination, provided that such persons submit a proper application and proofs, pay or have paid the required fees, otherwise meet the requirements of Code Section 43-41-6 for licensure, and are not otherwise in violation of Chapter 41 of Title 43 of the Georgia Code. Said completed applications and request for exemption and necessary proofs must be received between January 1, 2006 and June 30, 2006. from the following eligible persons:

(1)

Any person who, among other items enumerated in O.C.G.A. § 43-41-8(a)(1), holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, and meets all requirements contained in that statute; and

(2)

Any person who has successfully and efficiently engaged in residential contracting in this state and meets all requirements contained in that statute.

Cite as Ga. Comp. R. & Regs. R. 553-2-.01

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Examination Exemption Provisions - Residential Contractor Division" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.02 Exemption from Residential Contracting Examination - Individual Holding a Residential Contracting License from a Georgia Political Subdivision

Ga. Comp. R. & Regs. r. 553-2-.02 Exemption from Residential Contracting Examination - Individual Holding a Residential Contracting License from a Georgia Political Subdivision

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.02. Exemption from Residential Contracting Examination - Individual Holding a Residential Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying on his or her behalf holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for residential contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by any governing authority of the political subdivisions in Georgia is substantially similar to the state examination for residential contractors. Additionally, each applicant must swear on the application for examination exemption that the applicant is a Georgia resident and citizen.

Cite as Ga. Comp. R. & Regs. R. 553-2-.02

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from Residential Contracting Examination - Individual Holding a Residential Contracting License from a Georgia Political Sudivision" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.03 Exemption from Residential Contracting Examination - Qualifying Agent Holding a Residential Contracting License from a Georgia Political Subdivision

Ga. Comp. R. & Regs. r. 553-2-.03 Exemption from Residential Contracting Examination - Qualifying Agent Holding a Residential Contracting License from a Georgia Political Subdivision

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.03. Exemption from Residential Contracting Examination - Qualifying Agent Holding a Residential Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying for licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for residential contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by such governing authority of the political subdivisions in Georgia is substantially similar to the state examination for residential contractors. Additionally, the applicant must show that said corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application by swearing to the veracity of such on the application for examination exemption.

Cite as Ga. Comp. R. & Regs. R. 553-2-.03

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from Residential Contracting Examination - Qualifying Agent Holding a Residential Contracting License from a Georgia Political Subdivision" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.04 Exemption from Residential Contracting Examination - Individual Having the Necessary Experience in Georgia

Ga. Comp. R. & Regs. r. 553-2-.04 Exemption from Residential Contracting Examination - Individual Having the Necessary Experience in Georgia

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.04. Exemption from Residential Contracting Examination - Individual Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must be a resident and citizen of the state of Georgia, the veracity of which shall be sworn to by the applicant on the application for licensure by examination exemption. To prove the additional requirement that the applicant has successfully engaged in residential contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1)

three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or

(2)

ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or

(3)

that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application.

Cite as Ga. Comp. R. & Regs. R. 553-2-.04

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from Residential Contracting Examination - Individual Having the Necessary Experience in Georgia" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.05 Exemption from Residential Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

Ga. Comp. R. & Regs. r. 553-2-.05 Exemption from Residential Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.05. Exemption from Residential Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must show that the business organization for which he or she is applying to be the qualifying agent is either incorporated in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application. To prove incorporation in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application, the applicant must swear to the veracity of such on the application for examination exemption. To prove the additional requirement that the applicant has successfully engaged in residential contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1)

three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or

(2)

ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or

(3)

that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application.

Cite as Ga. Comp. R. & Regs. R. 553-2-.05

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from Residential Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.06 Burden of Proof for Obtaining the Residential Contracting Examination Exemption

Ga. Comp. R. & Regs. r. 553-2-.06 Burden of Proof for Obtaining the Residential Contracting Examination Exemption

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.06. Burden of Proof for Obtaining the Residential Contracting Examination Exemption

Any applicant for issuance of a residential contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the division that the requirements for such exemption have been satisfied. The decision of the division as to the satisfaction of the requirements for such exemption from taking the examination shall be conclusive.

Cite as Ga. Comp. R. & Regs. R. 553-2-.06

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Burden of Proof for Obtaining the Residential Contracting Examination Exemption" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.07 Examination Exemption Provisions - General Contractor Division

Ga. Comp. R. & Regs. r. 553-2-.07 Examination Exemption Provisions - General Contractor Division

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.07. Examination Exemption Provisions - General Contractor Division

As prescribed in O.C.G.A. § 43-41-8, certain persons are eligible to receive a general contractor license from the general contractor division without examination, provided that such persons submit a proper application and proofs, pay or have paid the required fees, otherwise meet the requirements of Code Section 43-41-6 for licensure, and are not otherwise in violation of Chapter 41 of Title 43 of the Georgia Code. Said completed applications and request for exemption and necessary proofs must be received between January 1, 2006 and June 30, 2006, from the following eligible persons:

(1)

Any person who, among other items enumerated in O.C.G.A. § 43-41-8(a)(1), holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, and meets all requirements contained in that statute; and

(2)

Any person who has successfully and efficiently engaged in general contracting in this state and meets all requirements contained in that statute.

Cite as Ga. Comp. R. & Regs. R. 553-2-.07

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Examination Exemption Provisions - General Contractor Division" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.08 Exemption from General Contracting Examination - Individual Holding a General Contracting License from a Georgia Political Subdivision

Ga. Comp. R. & Regs. r. 553-2-.08 Exemption from General Contracting Examination - Individual Holding a General Contracting License from a Georgia Political Subdivision

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.08. Exemption from General Contracting Examination - Individual Holding a General Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying on his or her behalf holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for general contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by any governing authority of the political subdivisions in Georgia is substantially similar to the state examination for general contractors. In making such determination, the division shall ensure that the examination[s] of the local governing authorities at least satisfy the division examination's requirements for ascertaining the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens. Additionally, each applicant must swear on the application for examination exemption that the applicant is a Georgia resident and citizen and must, as dictated by the application for examination exemption, also submit with the completed application for examination exemption an appropriate reference letter from a certified public accountant regarding residency and citizenship. The reference letter will be on a form included with the application for examination exemption and must be notarized.

Cite as Ga. Comp. R. & Regs. R. 553-2-.08

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from General Contracting Examination - Individual Holding a General Contracting License from a Georgia Political Subdivision" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.09 Exemption from General Contracting Examination - Qualifying Agent Holding a General Contracting License from a Georgia Political Subdivision

Ga. Comp. R. & Regs. r. 553-2-.09 Exemption from General Contracting Examination - Qualifying Agent Holding a General Contracting License from a Georgia Political Subdivision

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.09. Exemption from General Contracting Examination - Qualifying Agent Holding a General Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying for licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for general contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by such governing authority of the political subdivisions in Georgia is substantially similar to the state examination for general contractors. In making such determination, the division shall ensure that the examination[s] of the local governing authorities at least satisfy the division examination's requirements for ascertaining the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens. Additionally, the applicant must show that said corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application. To satisfactorily prove this, the applicant must swear on the application for examination exemption that the corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application. Additionally, the applicant must, as dictated by the application for examination exemption, also submit with the completed application for examination exemption an appropriate reference letter from a certified public accountant regarding said corporation's or business organization's location and duration in Georgia. The reference letter will be on a form included with the application for examination exemption and must be notarized. Moreover, as dictated by O.C.G.A. § 43-41-9(b), the applicant must submit, together with the application for examination exemption, a satisfactory affidavit signed by an authorized agent of the business organization who possesses binding authority for the business organization, on a form provided by the division, attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity.

Cite as Ga. Comp. R. & Regs. R. 553-2-.09

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from General Contracting Examination - Qualifying Agent Holding a General Contracting License from a Georgia Political Subdivision" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.10 Exemption from General Contracting Examination - Individual Having the Necessary Experience in Georgia

Ga. Comp. R. & Regs. r. 553-2-.10 Exemption from General Contracting Examination - Individual Having the Necessary Experience in Georgia

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.10. Exemption from General Contracting Examination - Individual Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must be a resident and citizen of the state of Georgia, the veracity of which shall be sworn to by the applicant on the application for examination exemption. To prove the additional requirement that the applicant has successfully engaged in general contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1)

five successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or

(2)

ten successfully completed general contracting projects located in Georgia over the period of ten years immediately prior to the time of application. To satisfactorily prove "successful projects", the applicant must include, together with and as directed by the application for examination exemption, an appropriate reference letter from a Georgia registered architect verifying the abilities, skills, and knowledge of the applicant regarding each project and an appropriate reference letter from the owner of the subject project, or owner's representative, verifying the owner's satisfaction with the project. The applicant shall enclose with the application for examination exemption both of the above-identified reference letters for each project for which the applicant is attempting to prove successful completion. The reference letters will be on forms included with the application for examination exemption and must be notarized before being submitted with the completed applications. The forms must include, at a minimum, a description of the particular project, where the project occurred, and on what dates. If the applicant cannot provide satisfactory verification via reference letter by a Georgia registered architect and an owner, then the applicant must submit with his or her application for examination exemption a notarized explanation of why he or she cannot provide the particular reference letter.

Cite as Ga. Comp. R. & Regs. R. 553-2-.10

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from General Contracting Examination - Individual Having the Necessary Experience in Georgia" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.11 Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

Ga. Comp. R. & Regs. r. 553-2-.11 Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.11. Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must show that the business organization for which he or she is applying to be the qualifying agent is either incorporated in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application. To prove incorporation in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application, the applicant must swear to the veracity of such on the application for examination exemption, and also must submit an appropriate reference letter from a certified public accountant regarding the location and duration of the corporation's or business organization's regular office and place of business in Georgia. To prove the additional requirement that the applicant has successfully engaged in general contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1)

five successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or

(2)

ten successfully completed general contracting projects located in Georgia over the period of ten years immediately prior to the time of application. To prove "successful projects", the applicant must include, as directed by the application for examination exemption, an appropriate reference letter from a Georgia registered architect verifying the abilities, skills, and knowledge of the applicant regarding each project and an appropriate reference letter from the owner of the subject project, or owner's representative, verifying the owner's satisfaction with the project. The applicant shall enclose with the application for examination exemption both of the above-identified reference letters for each project for which the applicant is attempting to prove successful completion. The reference letters will be on forms included with the application for examination exemption and must be notarized before being submitted with the completed applications. The forms must include, at a minimum, a description of the particular project, where the project occurred, and on what dates. If the applicant cannot provide satisfactory verification via reference letter by a Georgia registered architect and an owner, then the applicant must submit with his or her application for examination exemption a notarized explanation of why he or she cannot provide the particular reference letter. Moreover, as dictated by O.C.G.A. § 43-41-9(b), the applicant must submit, together with the application for examination exemption, a satisfactory affidavit signed by an authorized agent of the business organization who possesses binding authority for the business organization, on a form provided by the Board, attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity.

Cite as Ga. Comp. R. & Regs. R. 553-2-.11

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.12 Burden of Proof for Obtaining the General Contracting Examination Exemption

Ga. Comp. R. & Regs. r. 553-2-.12 Burden of Proof for Obtaining the General Contracting Examination Exemption

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.12. Burden of Proof for Obtaining the General Contracting Examination Exemption

Any applicant for issuance of a residential or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the division that the requirements for such exemption have been satisfied. The decision of the division as to the satisfaction of the requirements for such exemption from taking the examination shall be conclusive.

Cite as Ga. Comp. R. & Regs. R. 553-2-.12

Authority: O.C.G.A. Secs. 43-41-5, 43-41-8.

History. Original Rule entitled "Burden of Proof for Obtaining the General Contracting Examination Exemption" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-2-.13 General Contractor Division Applicants Seeking Licensure by Reciprocity

Ga. Comp. R. & Regs. r. 553-2-.13 General Contractor Division Applicants Seeking Licensure by Reciprocity

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-2. EXAMINATION EXEMPTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-2-.13. General Contractor Division Applicants Seeking Licensure by Reciprocity

(1)

Any person desiring licensure by reciprocity as a General Contractor, who holds a license in another state or territory of the United States, where such state or territory has entered into a reciprocal agreement with the board and division for the recognition of contractor licenses issued in that state or territory, shall meet the following requirements:

(a)

a completed application furnished by the State Licensing Board for Residential and General Contractors;

(b)

application fee (the application fee is non-refundable);

(c)

proof of license or certification in another state or territory that is substantially equivalent to Georgia's current license criteria, including successful completion of an examination;

(d)

compliance with all the Board's laws, rules and policies;

(e)

compliance with all state requirements to transact business in Georgia;

(f)

passage of Georgia Business and Law examination.

(2)

The issuance of any license shall be at the sole discretion of the division and such division may deny the license or approve such license with any conditions it may deem necessary.

Cite as Ga. Comp. R. & Regs. R. 553-2-.13

Authority: Authority O.C.G.A. Secs. 45-1-7, 45-1-19, 45-41-5, 45-41-6, 45-41-8.

History. Original Rule entitled "Reciprocity" reserved. F. Oct. 14, 2005; eff. Nov. 5, 2005.

Repealed: New Rule entitled "General Contractor Division Applicants Seeking Licensure by Reciprocity" adopted. F. Nov. 4, 2010; eff. Nov. 24, 2010.

Ga. Comp. R. & Regs. r. 553-3-.01 Licensure Requirements for an Individual to Practice as a Residential-Basic Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Ga. Comp. R. & Regs. r. 553-3-.01 Licensure Requirements for an Individual to Practice as a Residential-Basic Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.01. Licensure Requirements for an Individual to Practice as a Residential-Basic Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

(1)

An individual person seeking issuance of a Georgia license in his or her own name for purposes of engaging in the profession of residential-basic contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship shall file an application on a form provided by the residential contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination prepared by the residential contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the residential contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement.

(3)

A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(c)

Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and

(d)

Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application.

(e)

In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. In completing and submitting the application to the residential contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential-basic contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance of not less than $300,000 for the residential-basic category and satisfactory proof of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide their social security numbers. The decision of the residential contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the residential contractor division and shall be a condition of renewal. A licensee, on his or her own behalf, must notify the residential contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The residential contractor division shall conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The residential contractor division shall conduct an examination for applicants for residential-basic licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential-basic contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential-basic contracting business; his or her knowledge as to the responsibilities of a residential-basic contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic contractors, construction, workers´ compensation, insurance, and liens.

(c)

If the results of the applicant's examination are satisfactory to the residential contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she has met the other qualifications and requirements set forth in this Code section, then the residential contractor division shall issue to the applicant a license to engage in business as a residential contractor in this state, as provided in such license, in his or her own name as a sole proprietor, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. The residential contracting license shall indicate that the licensee is qualified as residential-basic.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A residential-basic contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-3-.01

Authority: O.C.G.A. Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Licensure Requirements for an Individual to Practice as a Residential-Basic Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-3-.02 Licensure Requirements for an Individual to Practice as a Residential-Light Commercial Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Ga. Comp. R. & Regs. r. 553-3-.02 Licensure Requirements for an Individual to Practice as a Residential-Light Commercial Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.02. Licensure Requirements for an Individual to Practice as a Residential-Light Commercial Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

(1)

An individual person seeking issuance of a Georgia license in his or her own name for purposes of engaging in the profession of residential-light commercial contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship shall file an application on a form provided by the residential contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination prepared by the residential contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the residential contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement.

(3)

A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and

(d)

Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application. To prove "successful performance and completion" the applicant must include, together with the application for licensure, an appropriate reference letter from a Georgia registered architect, a designer, a licensed professional engineer (predominately practicing structural engineering), or any other reference acceptable to the subdivision.

(e)

In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. In completing and submitting the application to the residential contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. In order to satisfactorily prove "financial responsibility", each applicant must submit satisfactory proof as required by the application for licensure. In addition, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential-light commercial contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance of not less than $500,000 for the residential-light commercial category and satisfactory proof of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide their social security numbers. The decision of the residential contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the residential contractor division and shall be a condition of renewal. A licensee, on his or her own behalf, must notify the residential contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The residential contractor division shall conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The residential contractor division shall conduct an examination for applicants for residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential-light commercial contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential-light commercial contracting business; his or her knowledge as to the responsibilities of a residential-light commercial contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-light commercial contractors, construction, workers´ compensation, insurance, and liens.

(c)

If the results of the applicant's examination are satisfactory to the residential contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she has met the other qualifications and requirements set forth in this Code section, then the residential contractor division shall issue to the applicant a license to engage in business as a residential contractor in this state, as provided in such license, in his or her own name as a sole proprietor, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. The residential contracting license shall indicate that the licensee is qualified as residential-light commercial.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A residential-light commercial contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-3-.02

Authority: O.C.G.A. Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Licensure Requirements for an Individual to Practice as a Residential-Light Commercial Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Amended: F. Dec. 1, 2005; eff. Dec. 21, 2005.

Ga. Comp. R. & Regs. r. 553-3-.03 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Basic Contracting in the Name of the Business Organization

Ga. Comp. R. & Regs. r. 553-3-.03 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Basic Contracting in the Name of the Business Organization

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.03. Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Basic Contracting in the Name of the Business Organization

(1)

An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential-basic contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9 shall file an application on a form provided by the residential contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination prepared by the residential contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the residential contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the residential contractor division.

(3)

A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(c)

Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and

(d)

Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application.

(e)

In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. In completing and submitting the application to the residential contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance of not less than $300,000 for the residential-basic category and satisfactory proof of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. The decision of the residential contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the residential contractor division and shall be a condition of renewal. A licensee, where acting as a qualifying agent on behalf of the business organization so qualified, must notify the residential contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the business organization's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The residential contractor division shall conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The residential contractor division shall conduct an examination for applicants for residential-basic licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential-basic contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential-basic contracting business; his or her knowledge as to the responsibilities of a residential-basic contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic contractors, construction, workers´ compensation, insurance, and liens.

(c)

If the results of the applicant's examination are satisfactory to the residential contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the residential contractor division shall issue to the applicant a license to engage in business as a residential contractor in this state, as provided in such license, in his or her own name as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. The residential contracting license shall indicate that the licensee is qualified as residential-basic.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A residential-basic contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-3-.03

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Basic Contracting in the Name of the Business Organization" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-3-.04 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Light Commercial Contracting in the Name of the Business Organization

Ga. Comp. R. & Regs. r. 553-3-.04 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Light Commercial Contracting in the Name of the Business Organization

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.04. Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Light Commercial Contracting in the Name of the Business Organization

(1)

An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential-light commercial contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9 shall file an application on a form provided by the residential contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination prepared by the residential contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the residential contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the residential contractor division.

(3)

A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and

(d)

Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application. To prove "successful performance and completion" the applicant must include, together with the application for licensure, an appropriate reference letter from a Georgia registered architect, a designer, a licensed professional engineer (predominately practicing structural engineering), or any other reference acceptable to the subdivision.

(e)

In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. In completing and submitting the application to the residential contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. In order to satisfactorily prove "financial responsibility", each applicant must submit satisfactory proof as required by the application for licensure. In addition, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance of not less than $500,000 for the residential-light commercial category and satisfactory proof of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. The decision of the residential contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the residential contractor division and shall be a condition of renewal. A licensee, where acting as a qualifying agent on behalf of the business organization so qualified, must notify the residential contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the business organization's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The residential contractor division shall conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The residential contractor division shall conduct an examination for applicants for residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential-light commercial contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential-light commercial contracting business; his or her knowledge as to the responsibilities of a residential-light commercial contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-light commercial contractors, construction, workers´ compensation, insurance, and liens.

(c)

If the results of the applicant's examination are satisfactory to the residential contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the residential contractor division shall issue to the applicant a license to engage in business as a residential contractor in this state, as provided in such license, in his or her own name as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. The residential contracting license shall indicate that the licensee is qualified as residential-light commercial.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A residential-light commercial contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-3-.04

Authority: O.C.G.A. Secs. 43-41-5, 43-41-6.

History. Original Rule entitled "Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of Residential-Light Commercial Contracting in the Name of the Business Organization" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Amended: F. Dec. 1, 2005; eff. Dec. 21, 2005.

Ga. Comp. R. & Regs. r. 553-3-.05 Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of Residential Contracting

Ga. Comp. R. & Regs. r. 553-3-.05 Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of Residential Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.05. Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of Residential Contracting

(1)

Where an applicant under Chapter 41 of O.C.G.A., Title 43 is seeking issuance of a residential contractor license on behalf and for the benefit of a business organization seeking to engage in residential contracting as a business organization, or in any name other than the applicant's legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under Chapter 41 of O.C.G.A., Title 43 must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential contracting after July 1, 2007, without first obtaining a license from the residential contractor division, except as provided for in O.C.G.A. 43-41-17(b). The residential contractor division shall not issue a license to any business organization or entity to engage in residential contracting unless such business organization or entity employs at least one currently licensed residential contractor who is actually engaged in the practice of residential contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under Chapter 41 of O.C.G.A., Title 43 and having obtained issuance of such a license by the residential contractor division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business.

(2)

The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity. The affidavit will be on a form included with the application for licensure and must be signed by an authorized agent of the business organization who possesses binding authority for the business organization.

(3)

If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, submit the correct information to the residential contractor division.

(4)

(a)

At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the residential contractor division within 45 days. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall notify in writing within 45 days the residential contractor division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agent's affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the residential contractor division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential contractor unless and until a new application is submitted and approved by the residential contractor division. In such circumstance, the affected business organization may not thereafter engage in residential contracting until a new qualifying agent is employed, unless the residential contractor division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into, by the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization.

(b)

The qualifying agent shall inform the residential contractor division in writing when he or she proposes to engage in residential contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under Chapter 41 of O.C.G.A., Title 43. Such person shall be deemed to be a licensed residential contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of residential contracting in accordance with and under his or her previously issued license unless and until the residential division determines that the person seeking issuance of the license no longer meets these requirements.

(c)

Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name of the new affiliated business organization.

(5)

Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The division or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied.

(6)

Each qualifying agent shall pay the residential division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization.

(7)

All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit.

(8)

Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of Chapter 41 of O.C.G.A., Title 43 and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessor's actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this rule shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individual's status as a qualifying agent.

Cite as Ga. Comp. R. & Regs. R. 553-3-.05

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-9.

History. Original Rule entitled "Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of Residential Contracting" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-3-.06 Licensure Requirements for a Joint Venture to Operate in the Business of Residential Contracting

Ga. Comp. R. & Regs. r. 553-3-.06 Licensure Requirements for a Joint Venture to Operate in the Business of Residential Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.06. Licensure Requirements for a Joint Venture to Operate in the Business of Residential Contracting

A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the residential contractor division's rules and regulations either:

(a)

In its own name as a separate business organization; or

(b)

By each of the members of the joint venture doing business as a residential contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential contracting license issued by the residential contractor division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity as a joint venture engaged in the business of residential contracting after July 1, 2007, without first obtaining a license from the residential contractor division, except as provided for in O.C.G.A. § 43-41-17(b).

Cite as Ga. Comp. R. & Regs. R. 553-3-.06

Authority: O.C.G.A. Secs. 43-41-5, 43-41-9.

History. Original Rule entitled "Licensure Requirements for a Joint Venture to Operate in the Business of Residential Contracting" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-3-.07 Licensure for Military Spouses and Transitioning Service Members in the Profession of Residential Contracting

Ga. Comp. R. & Regs. r. 553-3-.07 Licensure for Military Spouses and Transitioning Service Members in the Profession of Residential Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-3. QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-3-.07. Licensure for Military Spouses and Transitioning Service Members in the Profession of Residential Contracting

(1)

As used in the rule:

(a)

"Military" means the United States armed forces, including the National Guard;

(b)

"Military spouse" means a spouse of a service member or transitioning service member;

(c)

"Service Member" means an active or reserve member of the armed forces, including the National Guard.

(d)

"Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(2)

Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied and in accordance with Title 43, Chapter 41.

Cite as Ga. Comp. R. & Regs. R. 553-3-.07

Authority: O.C.G.A. §§ 43-1-34, 43-41-5.

History. Original Rule entitled "Licensure for Military Spouses and Transitioning Service Members in the Profession of Residential Contracting" adopted. F. Oct. 13, 2017; eff. Nov. 2, 2017.

Ga. Comp. R. & Regs. r. 553-4-.01 Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Ga. Comp. R. & Regs. r. 553-4-.01 Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.01. Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship

(1)

An individual person seeking issuance of a Georgia license in his or her own name for purposes of engaging in the profession of general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship shall file an application on a form provided by the general contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination approved by the general contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the general contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement.

(3)

A person shall be eligible for licensure as a general contractor by the general contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity, and financial responsibility; and

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division.

(d)

In order to satisfactorily prove (a), (b) and (c) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. Applicants seeking to engage in general contracting shall affirm a minimum net worth in the amount of $150,000. Additionally, in completing the application and submitting it to the general contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. Much proof of this will come as detailed in (3)(d) above. Additionally, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance in an amount not less than $500,000 and of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide their social security numbers. Applicants shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division. Such proof of verification shall be submitted by the applicant as directed by the application for licensure and any form(s) that might accompany the application. The decision of the general contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the general contractor division and shall be a condition of renewal. A licensee, on his or her own behalf, must notify the general contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The general contractor division shall cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The general contractor division shall cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens.

(c)

If the results of the applicant's examination are satisfactory to the general contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she has met the other qualifications and requirements set forth in this Code section, then the general contractor division shall issue to the applicant a license to engage in business as a general contractor in this state, as provided in such license, in his or her own name as a sole proprietor, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A general contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-4-.01

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-6(a),(d),(e), 43-41-9.

History. Original Rule entitled "Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship" adopted. F. Nov. 3, 2005; eff. Nov. 23, 2005.

Repealed: New Rule of same title adopted. F. June 7, 2010; eff. June 27, 2010.

Note: Correction of typographical error in Rule title on SOS Rules and Regulations website, error discovered June 2019. "Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship" corrected to "Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship," as originally adopted. Effective July 2, 2019.

Amended: F. June 12, 2019; eff. July 2, 2019.

Ga. Comp. R. & Regs. r. 553-4-.02 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization

Ga. Comp. R. & Regs. r. 553-4-.02 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.02. Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization

(1)

An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9 shall file an application on a form provided by the general contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination approved by the general contractor division, except where an applicant is otherwise qualified for licensure and has satisfied the general contractor division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the general contractor division.

(3)

A person shall be eligible for licensure as a general contractor by the general contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity and financial responsibility; and

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division.

(d)

In order to satisfactorily prove (a), (b) and (c) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. Applicants acting as a qualifying agent for a business organization seeking to engage in general contracting, shall affirm that the business organization possesses a minimum net worth in an amount of $150,000. Additionally, in completing the application and submitting it to the general contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. Much proof of this will come as detailed in (3)(d) above. Additionally, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance in an amount not less than $500,000 and of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants shall also provide suitable verification of tax payments by the business organization in a form and manner and for the duration prescribed by the general contractor division. Such proof of verification shall be submitted by the applicant as directed by the application for licensure and any form(s) that might accompany the application. The decision of the general contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the general contractor division and shall be a condition of renewal. A licensee, where acting as a qualifying agent on behalf of the business organization so qualified, must notify the general contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the business organization's current mailing address, insurance coverages, and affiliated entities.

(5)

(a)

The general contractor division shall cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(b)

The general contractor division shall cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens.

(c)

If the results of the applicant's examination are satisfactory to the general contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the general contractor division shall issue to the applicant a license to engage in business as a general contractor in this state, as provided in such license, in his or her own name as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

A general contractor license shall be issued to an applicant who successfully completes the requirements therefore upon the payment of fees prescribed by the board.

Cite as Ga. Comp. R. & Regs. R. 553-4-.02

Authority: O.C.G.A. §§ 43-41-5(a)(7), 43-41-6(a),(d),(e), 43-41-9.

History. Original Rule entitled "Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization" adopted. F. Nov. 3, 2005; eff. Nov. 23, 2005.

Repealed: New Rule of same title adopted. F. June 7, 2010; eff. June 27, 2010.

Amended: F. June 10, 2019; eff. June 30, 2019.

Ga. Comp. R. & Regs. r. 553-4-.03 Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of General Contracting

Ga. Comp. R. & Regs. r. 553-4-.03 Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of General Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.03. Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of General Contracting

(1)

Where an applicant under Chapter 41 of O.C.G.A., Title 43 is seeking issuance of a general contractor license on behalf and for the benefit of a business organization seeking to engage in general contracting as a business organization, or in any name other than the applicant's legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under Chapter 41 of O.C.G.A., Title 43 must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of general contracting after July 1, 2007, without first obtaining a license from the general contractor division, except as provided for in O.C.G.A. § 43-41-17(b). The general contractor division shall not issue a license to any business organization or entity to engage in general contracting unless such business organization or entity employs at least one currently licensed general contractor who is actually engaged in the practice of general contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under Chapter 41 of O.C.G.A., Title 43 and having obtained issuance of such a license by the general contractor division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business.

(2)

The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity. The affidavit will be on a form included with the application for licensure and must be signed by an authorized agent of the business organization who possesses binding authority for the business organization.

(3)

If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, submit the correct information to the general contractor division.

(4)

(a)

At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the general contractor division within 45 days. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall notify in writing within 45 days the general contractor division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agent's affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the general contractor division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a general contractor unless and until a new application is submitted and approved by the general contractor division. In such circumstance, the affected business organization may not thereafter engage in general contracting until a new qualifying agent is employed, unless the general contractor division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into, by the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization.

(b)

The qualifying agent shall inform the general contractor division in writing when he or she proposes to engage in general contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under Chapter 41 of O.C.G.A., Title 43. Such person shall be deemed to be a licensed general contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of general contracting in accordance with and under his or her previously issued license unless and until the general division determines that the person seeking issuance of the license no longer meets these requirements.

(c)

Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name of the new affiliated business organization.

(5)

Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The division or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied.

(6)

Each qualifying agent shall pay the general division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization.

(7)

All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit.

(8)

Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of Chapter 41 of O.C.G.A., Title 43 and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessor's actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this rule shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individual's status as a qualifying agent.

Cite as Ga. Comp. R. & Regs. R. 553-4-.03

Authority: O.C.G.A. Secs. 43-41-5, 43-41-9.

History. Original Rule entitled "Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of General Contracting" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-4-.04 Licensure Requirements for a Joint Venture to Operate in the Business of General Contracting

Ga. Comp. R. & Regs. r. 553-4-.04 Licensure Requirements for a Joint Venture to Operate in the Business of General Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.04. Licensure Requirements for a Joint Venture to Operate in the Business of General Contracting

A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the general contractor division's rules and regulations either:

(a)

In its own name as a separate business organization; or

(b)

By each of the members of the joint venture doing business as a general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current general contracting license issued by the general contractor division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity as a joint venture engaged in the business of general contracting after July 1, 2007, without first obtaining a license from the general contractor division, except as provided for in O.C.G.A. § 43-41-17(b).

Cite as Ga. Comp. R. & Regs. R. 553-4-.04

Authority: O.C.G.A. Secs. 43-41-5, 43-41-9.

History. Original Rule entitled "Licensure Requirements for a Joint Venture to Operate in the Business of General Contracting" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-4-.05 Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship - General Contractor Limited Tier

Ga. Comp. R. & Regs. r. 553-4-.05 Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship - General Contractor Limited Tier

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.05. Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship - General Contractor Limited Tier

(1)

An individual person seeking issuance of a Georgia license in his or her own name for purposes of engaging in the profession of general contracting at the general contracting limited tier in his or her own name or doing business as an individual in a trade name as a sole proprietorship shall file an application on a form provided by the general contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination approved by the general contractor division unless exempted from examination pursuant to O.C.G.A. § 43-41-8.

(3)

A person shall be eligible for licensure as a general contractor limited tier by the general contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity, and financial responsibility; and

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division.

(d)

In order to satisfactorily prove (a), (b) and (c) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when directed to do so by the application. Applicants seeking to engage in limited tier general contracting shall affirm a minimum net worth in the amount of $25,000. Additionally, in completing the application and submitting it to the general contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. Much proof of this will come as detailed in (3)(d) above. Additionally, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance in an amount not less than $500,000 and of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide their social security numbers. Applicants shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division. Such proof of verification shall be submitted by the applicant as directed by the application for licensure and any form(s) that might accompany the application. The decision of the general contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the general contractor division and shall be a condition of renewal. A licensee, on his or her own behalf, must notify the general contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's current mailing address, insurance coverages, and affiliated entities.

(5)

The general contractor division shall cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(a)

The general contractor division shall cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens.

(b)

If the results of the applicant's examination are satisfactory to the general contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she has met the other qualifications and requirements set forth in this Code section, then the general contractor division shall issue to the applicant a limited tier license to engage in business as a general contractor in this state, as provided in such license, in his or her own name as a sole proprietor, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

Upon the payment of fees prescribed by the board, a limited tier general contractor license shall be issued to an applicant who successfully completes the requirements for licensure.

(8)

There is established a limited tier general contractor license type that is limited as to any contract of no more than one million dollars ($1,000,000.00).

(9)

In order to move from the General Contractor Limited tier to the General Contractor tier, a contractor must submit an application for the General Contractor license and meet the financial requirements and other requirements for that license type.

(10)

Any Change Orders as defined in O.C.G.A. § 36-91-2 may not exceed the maximum amount allowed per contract for a project to be completed.

Cite as Ga. Comp. R. & Regs. R. 553-4-.05

Authority: O.C.G.A. § 43-41-5.

History. Original Rule entitled "Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship - General Contractor Limited Tier" adopted. F. May 8, 2008; eff. May 28, 2008.

Amended: F. Jan. 4, 2010; eff. Jan. 24, 2010.

Repealed: New Rule of same title adopted. F. June 7, 2010; eff. June 27, 2010.

Amended: F. Mar. 29, 2019; eff. Apr. 18, 2019.

Ga. Comp. R. & Regs. r. 553-4-.06 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization - General Contractor Limited Tier

Ga. Comp. R. & Regs. r. 553-4-.06 Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization - General Contractor Limited Tier

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.06. Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization - General Contractor Limited Tier

(1)

An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of general contracting at the general contracting limited tier in the name of the business organization in accordance with and pursuant to Code Section 43-41-9 shall file an application on a form provided by the general contractor division, accompanied by an application fee as provided by the board.

(2)

Additionally, such applicants must submit to and successfully pass an examination approved by the general contractor division unless exempted from examination pursuant to O.C.G.A. § 43-41-8.

(3)

A person shall be eligible for licensure as a general contractor limited tier by the general contractor division if the person:

(a)

Is at least 21 years of age;

(b)

Is of a good character and is otherwise qualified as to competency, ability, and integrity and financial responsibility; and

(c)

Meets eligibility requirements according to one of the following criteria:

1.

Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division;

2.

Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

3.

Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division.

(d)

In order to satisfactorily prove (a), (b) and (c) above, each applicant must swear on the application for licensure that the applicant satisfies each requirement and submit satisfactory proof of such when and where directed to do so by the application. Applicants acting as a qualifying agent for a business organization seeking to engage in limited tier general contracting, shall affirm that the business organization possesses minimum net worth in an amount of $25,000. Additionally, in completing the application and submitting it to the general contractor division, the applicant consents to the division performing a background check, including a criminal history, on the applicant if the division so chooses.

(4)

Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. Much proof of this will come as detailed in (3)(d) above. Additionally, the application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Additionally, all applicants shall provide satisfactory proof of general liability insurance in an amount not less than $500,000 and of workers´ compensation insurance as required by the laws of this state in their name. All applicants shall also provide the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants shall also provide suitable verification of tax payments by the business organization in a form and manner and for the duration prescribed by the general contractor division. Such proof of verification shall be submitted by the applicant as directed by the application for licensure and any form(s) that might accompany the application. The decision of the general contractor division as to the qualifications of applicants shall be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the general contractor division and shall be a condition of renewal. A licensee, where acting as a qualifying agent on behalf of the business organization so qualified, must notify the general contractor division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the business organization's current mailing address, insurance coverages, and affiliated entities.

(5)

The general contractor division shall cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(a)

The general contractor division shall cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens.

(b)

If the results of the applicant's examination are satisfactory to the general contractor division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the general contractor division shall issue to the applicant a limited tier license to engage in business as a general contractor in this state, as provided in such license, in his or her own name as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9.

(6)

Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(7)

Upon the payment of fees prescribed by the board, a limited tier general contractor license shall be issued to an applicant who successfully completes the requirements for licensure.

(8)

There is established a limited tier general contractor license type that is limited as to any contract of no more than one million dollars ($1,000,000.00).

(9)

In order to move from the General Contractor Limited tier to the General Contractor tier, a contractor must submit an application for the General Contractor license and meet the financial requirements and other requirements for that license type.

(10)

Any Change Orders as defined in O.C.G.A. § 36-91-2 may not exceed the maximum amount allowed per contract for a project to be completed.

Cite as Ga. Comp. R. & Regs. R. 553-4-.06

Authority: O.C.G.A. § 43-41-5.

History. Original Rule entitled "Licensure Requirements for an Individual to Practice as a General Contractor in the Individual's Own Name or Doing Business as an Individual in a Trade Name or as a Sole Proprietorship - General Contractor Limited Tier" adopted. F. May 8, 2008; eff. May 28, 2008.

Amended: F. Jan. 4, 2010; eff. Jan. 24, 2010.

Repealed: New Rule of same title adopted. F. June 7, 2010; eff. June 27, 2010.

Amended: F. Mar. 29, 2019; eff. Apr. 18, 2019.

Ga. Comp. R. & Regs. r. 553-4-.07 Licensure for Military Spouses and Transitioning Service Members in the Profession of General Contracting

Ga. Comp. R. & Regs. r. 553-4-.07 Licensure for Military Spouses and Transitioning Service Members in the Profession of General Contracting

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-4. QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-4-.07. Licensure for Military Spouses and Transitioning Service Members in the Profession of General Contracting

(1)

As used in the rule:

(a)

"Military" means the United States armed forces, including the National Guard;

(b)

"Military spouse" means a spouse of a service member or transitioning service member;

(c)

"Service Member" means an active or reserve member of the armed forces, including the National Guard.

(d)

"Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(2)

Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied and in accordance with Title 43, Chapter 41.

Cite as Ga. Comp. R. & Regs. R. 553-4-.07

Authority: O.C.G.A. §§ 43-1-34, 43-41-5.

History. Original Rule entitled "Licensure for Military Spouses and Transitioning Service Members in the Profession of General Contracting" adopted. F. Oct. 13, 2017; eff. Nov. 2, 2017.

Ga. Comp. R. & Regs. r. 553-5-.01 Procedural Rules

Ga. Comp. R. & Regs. r. 553-5-.01 Procedural Rules

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-5. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 553-5-.01. Procedural Rules

The State Licensing Board for Residential and General Contractors hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto, Rules and Regulations of the Office of the Division Director, Professional Licensing Boards, relating to procedure for Hearings before several State Professional Licensing Boards.

Cite as Ga. Comp. R. & Regs. R. 553-5-.01

Authority: O.C.G.A. Secs. 43-1-25, 43-41-5.

History. Original Rule entitled "Procedural Rules" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-6-.01 Fees

Ga. Comp. R. & Regs. r. 553-6-.01 Fees

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-6. FEES

Current through Rules and Regulations filed through March 24, 2026

Rule 553-6-.01. Fees

Refer to separate Fee Schedule for appropriate fees payable to the Board. Fees may be reviewed and changed at the discretion of the Board. An indebtedness to the Board caused by a returned check will be handled in accordance with Code Section 16-9-20 of the Criminal Code of Georgia.

Cite as Ga. Comp. R. & Regs. R. 553-6-.01

Authority: Authority O.C.G.A. Secs. 43-1-2, 43-1-7, 43-41-5.

History. Original Rule entitled "Fees" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.

Ga. Comp. R. & Regs. r. 553-7-.01 Written Warranty

Ga. Comp. R. & Regs. r. 553-7-.01 Written Warranty

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-7. WRITTEN WARRANTY

Current through Rules and Regulations filed through March 24, 2026

Rule 553-7-.01. Written Warranty

(1)

Definitions:

(a)

"Covered contract" shall mean any contract to construct, or superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00.

(b)

"Single family residence" shall be deemed and construed to mean a "one or two family residence" as defined in the current edition of the state minimum standard International Residential Code (IRC).

(2)

A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each covered contract.

(3)

A licensed residential contractor that enters into a covered contract shall provide a written warranty which describes, at a minimum:

(a)

Covered work and activities;

(b)

Covered exclusions;

(c)

Standards for evaluating work and activities, which standards shall be those set forth in the current edition of the Residential Construction Performance Guidelines as published by the National Association of Home Builders;

(d)

The term of the warranty, including commencement date(s) or event(s);

(e)

Claim procedures;

(f)

Contractor response options (such as repair, replace or compensate);

(g)

Assignable manufacturer warranties.

(4)

Prior to the execution of a covered contract, a licensed residential contractor shall attach a complete copy of the written warranty (or an identical blank standard form of it) to the covered contract or otherwise make same available for review.

Cite as Ga. Comp. R. & Regs. R. 553-7-.01

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-7.

History. Original Rule entitled "Written Warranty" adopted. F. Dec. 23, 2005; eff. Jan. 12, 2006.

Repealed: New Rule of same title adopted. Filed July 15, 2008; eff. August 4, 2008.

Ga. Comp. R. & Regs. r. 553-8-.01 Repair Rule

Ga. Comp. R. & Regs. r. 553-8-.01 Repair Rule

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-8. DEFINITIONS

Current through Rules and Regulations filed through March 24, 2026

Rule 553-8-.01. Repair Rule

"Repair" shall be deemed and construed to mean fixing, mending, maintenance, replacement or restoring of a part or portions of real property to good condition. The repair exception recognized by O.C.G.A. § 43-41-17(g) and this Rule shall in no way impact or diminish the licensing requirements of Chapter 14 of Title 43 (Electrical Contracting, Plumbing, Conditioned Air Contracting, Low-Voltage Contracting and Utility Contracting).

Nothing in this Rule shall preclude a person or entity (including employees of said entity) from offering or contracting to perform or undertaking or performing for an owner repair work, provided that:

(1)

the person performing the repair work discloses in writing to the owner that such person/entity is not licensed as a residential or general contractor under this chapter;

(2)

the work does not entail the delegation or assignment to or engagement of any person or entity, other than employees, to supervise, manage or oversee the performance of any portion of the work undertaken;

(3)

the work does not affect the life safety requirements or structural integrity of the real property. Such repairs shall not include the removal or addition of any load bearing wall or the removal or cutting of any structural beam or load bearing support; and

(4)

The person performing repair must obtain permits and inspections as required by the local authority.

Cite as Ga. Comp. R. & Regs. R. 553-8-.01

Authority: O.C.G.A. Secs. 43-41-5, 43-41-17.

History. Original Rule entitled "Repair Rule" adopted. F. Dec. 23, 2005; eff. Jan. 12, 2006.

Ga. Comp. R. & Regs. r. 553-9-.01 Grounds for Disciplinary Action

Ga. Comp. R. & Regs. r. 553-9-.01 Grounds for Disciplinary Action

Georgia Administrative Code

Department 553. RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS

Chapter 553-9. DISCIPLINARY ACTION

Current through Rules and Regulations filed through March 24, 2026

Rule 553-9-.01. Grounds for Disciplinary Action

After notice and a hearing in accordance with the Georgia Administrative Procedure Act, as amended, the Board may discipline a residential or general contractor upon evidence that the contractor has:

(a)

violated any of the provisions of the law pertaining to the licensing of contractors or the rules and regulations of the Board pertaining thereto;

(b)

been convicted of a felony or a crime involving moral turpitude;

(c)

practiced fraud, deceit, or misrepresentation in securing or procuring a contractor license;

(d)

committed acts of misconduct including fraud, deceit or misrepresentation in the practice of contracting;

(e)

displayed an inability to practice a business or profession with reasonable skill and safety to the public or has become unable to practice the profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material;

(f)

practiced without a current valid license;

(g)

wrongfully transferred or surrendered possession, either temporarily or permanently, his license or certificate to any other person;

(h)

been guilty of fraudulent, misleading or deceptive advertising;

(i)

falsely impersonated another licensee;

(j)

engaged in any unprofessional, immoral, unethical, deceptive or deleterious conduct or practice harmful to the public; This could include but is not limited to the following:

1.

Not offering a written warranty as required by O.C.G.A Section 43-41-7 and rule 553-7-.01;

2.

Knowingly charging for unnecessary work;

3.

Diverting funds or property received or obtained for completion of a specific project without specific authorization of the consumer for that particular job;

4.

Establishing a pattern of charging amounts substantially in excess of any original estimate given by the contractor without having approval from the owner, prior to the accrual of such charges, that the final amount due would or could be substantially in excess of the original estimate;

5.

Failure to accurately represent qualifications, capabilities, experience, and the scope of responsibility in connection with work to be performed.

(k)

performed any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed.

(l)

knowingly combined or conspired with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of the law pertaining to contractors;

(m)

abandoned a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contractor as a residential or general contractor;

(n)

signed a statement with respect to a project or contract falsely indicating that the work is bonded;

(o)

knowingly and falsely indicated by written statement issued to -the owner that payment has been made for all subcontracted work, labor and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner;

(p)

falsely indicated that workers' compensation and general liability insurance are provided;

(q)

committed gross negligence, repeated or persistent negligence or negligence resulting in a significant danger to life or property;

(r)

proceeded on any job without obtaining applicable local building permits and inspections;

(s)

used or attempted to use a license that has expired or has been suspended or revoked;

(t)

knowingly or intentionally engaged any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of Title 43 who does not possess a current and valid license for such work;

(u)

failed to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensee's profession;

(v)

failed to comply with an order for child support as defined by Code Section 19-11-9.3;

(w)

failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295.

Cite as Ga. Comp. R. & Regs. R. 553-9-.01

Authority: Authority O.C.G.A. Secs. 43-41-5, 43-41-16, 43-41-19.

History. Original Rule entitled "Grounds for Disciplinary Action" adopted. F. Oct. 7, 2010; eff. Oct. 27, 2010.

Ga. Comp. R. & Regs. r 620-6-.04

"Control Measures" means the application of any and all measures for the purpose of controlling termites, powder post beetles, wood boring beetles, wood destroying fungi, and any other wood destroying organism in structures and/or adjacent outside areas. Such measures shall be made with applications and installations consistent with label requirements. Minimum adequate control measures shall be as set forth below.

(1) Minimum adequate subterranean termite control treatment for post construction shall include the following: (a) For pesticide products applied as a comprehensive soil termiticide application consistent with registered label directions: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Removal of all visible accessible termite tunnels. 5. Trenching of soil along the outside and inside of foundation walls and around pillars and other supports to a minimum depth of six (6) inches, but not lower than the top of the footing in contact with the soil. Rodding may be performed from the bottom of the trench to lower depths as required. When the top of any footing is exposed and not in contact with the soil, trenching should not extend below the bottom of the footing. 6. Application of approved termiticide. (i) Approved termiticides shall be those registered by the United States Environmental Protection Agency (EPA) and the Georgia Department of Agriculture. Under no circumstances shall the concentration applied be lower than the minimum nor greater than the maximum concentration specified on the product label for the termiticide as a soil termiticide application. (ii) Rate of application shall be four (4) gallons per ten (10) linear feet per foot of depth from the soil surface to the lesser of either the top of footings or a depth of four (4) feet applied to the trenches and backfill. Soil into which pipes extend from the structure, soil under expansion joints, and soil in any other critical point of potential termite entry must also be treated with the approved termiticide at the above application rate. (iii) Measures must be taken to prevent the back siphoning of pesticides and the contamination of public water supplies during dilution and filling operations. Do not apply pesticide while precipitation is occurring in any area where the application would be impacted by the precipitation. (iv) Precautions must be taken to prevent the contamination of wells or cisterns, in or close to the structure being treated. 7. Drilling of all tile, brick, concrete block or other type cavity walls, chimneys, hollow pillars or other similar structure parts and application of the approved termiticide at a rate of two (2) gallons per ten (10) linear feet. Drilling of concrete blocks or other hollow masonry parts shall be made into the large voids only, as opposed to the vertical mortar joints, at horizontal intervals of no more than twelve (12) inches. Application of the termiticide shall be made through drill holes no more than eighteen (18) inches above the lowest of the soil or slab surfaces contiguous to the opposite side of the vertical wall. In the case of uncapped hollow parts, the termiticide may be applied through the top opening, provided the termiticide is released no higher than eighteen (18) inches above the top of the footing. 8. Treatment of the entire inside perimeter walls of all earth filled porches beneath concrete slabs contiguous to the structure with an approved termiticide at the rate of four (4) gallons per ten (10) linear feet by one of the following: (i) Making access openings, by removing a six (6) inch band of soil along the entire inside perimeter walls and applying the termiticide in the trench. (ii) Drilling from the top of the entire perimeter of the slab at intervals of no more than twelve (12) inches and no more than twelve (12) inches from the perimeter wall and applying the termiticide. (iii) Drilling, rodding, and applying the approved termiticide from the inside of the foundation at no more than twelve (12) inch intervals along the entire inside perimeter and as close as possible to the lower edge of the slab. (iv) Drilling, rodding, and applying the approved termiticide from the sides of the earth fill along the entire perimeter provided no horizontal rodding distance shall exceed twenty (20) feet. 9. Treatment of all grade level slabs contiguous to the structure with an approved termiticide at the rate of four (4) gallons per ten (10) linear feet by drilling and applying along the entire distance where slab joins any part of structure at intervals of no more than twelve (12) inches and no more than twelve (12) inches from the structure wall. 10. Treatment of all structures with concrete slabs at or above grade level with an approved termiticide at the rate of four (4) gallons per ten (10) linear feet by one of the following: (i) Treating from the inside by drilling through from the top of the slab and applying the approved termiticide at intervals of no more than twelve (12) inches and no more than twelve (12) inches from the outside edge of slab along the entire perimeter and at all other points of potential termite entry through the slab. After such application all holes shall be securely sealed to prevent any upward movement of the termiticide. (ii) Treating from the outside by rodding and applying termiticide along and under the entire perimeter of the slab by inserting the rod as close as possible to the lower edge of the slab. 11. Treatment of monolithic slabs by trenching and application of the approved termiticide to the soil along the entire perimeter of the slab at the rate of four (4) gallons per ten (10) linear feet and to any openings through the slab. (b) For pesticide products allowing a defined soil treatment consistent with individual product registered label directions: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Removal of visible accessible termite tunnels unless specified on the product label. 5. Application of approved termiticide. (i) Approved termiticides shall be those registered by the United States Environmental Protection Agency (EPA) and the Georgia Department of Agriculture. (ii) Trenching of soil along the outside foundation walls to a minimum depth of six (6) inches, but not lower than the bottom of the footing in contact with the soil. Rodding may be performed from the bottom of the trench to lower depths as required. (iii) Treatment of all grade level slabs and earth filled porches beneath concrete slabs that are contiguous to the exterior of the structure, including any garage or carport slabs, with an approved termiticide by drilling and applying along the entire distance where slab joins any part of structure at intervals of no more than twelve (12) inches and no more than twelve (12) inches from the structure wall. (iv) Measures must be taken to prevent the back siphoning of pesticides and the contamination of public water supplies during dilution and filling operations. Do not apply pesticide while precipitation is occurring in any area where the application would be impacted by the precipitation. (v) Precautions must be taken to prevent the contamination of wells or cisterns, in or close to the structure being treated. (c) For pesticide products, other than baits designed for the control of termites, applied for purposes other than as a soil termiticide application and when applied consistent with individual product registered label directions: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Removal of visible accessible termite tunnels unless specified on the product label. 5. Application of approved termiticide, taking all precautions necessary to prevent the contamination of wells or cisterns, in or close to the structure being treated. Unless prohibited by the product's label directions, all applications of liquid pesticide applied to the surface of non-decorative or non-finished wood and/or sheathing shall include a sufficient amount of a dye or marker to readily indicate the areas that have been treated. (d) For pesticide bait products applied for the purpose of controlling termites: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Removal of visible accessible termite tunnels unless specified on the product label. 5. All termite baits and baiting systems shall be monitored, consistent with the products label and labeling directions, for a minimum period of one year at no additional cost to the property owner when installed for pre-construction treatments or for treatments to control an infestation found during the coverage period of an Official Georgia Wood Infestation Inspection Report. 6. The initial installation of a baiting system shall include a reasonable depiction of the structure noting the approximate locations of all bait or monitoring stations. This diagram shall be maintained for two (2) years past the expiration date of the contract. 7. In addition to all other record keeping requirements, each time there is an inspection or monitoring of a baiting system, the licensee shall record the following: (a) date of the inspection (b) results of the inspection for each station (c) notation of any stations that were not able to be monitored (d) notation of any additional stations that have been added 8. Application of an approved termiticide bait consistent with all product label directions. (i) Approved termiticide bait shall be those registered by the United States Environmental Protection Agency (EPA) and the Georgia Department of Agriculture.

(2) Minimum adequate subterranean termite control treatments for pre-construction treatments shall include the following: (a) For pesticide products applied as a soil termiticide application consistent with registered label and labeling directions: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil, other than those wooden supports which are known to have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Application of approved termiticide. (i) Approved termiticides shall be those registered by the United States Environmental Protection Agency (EPA) and the Georgia Department of Agriculture. Under no circumstances shall the concentration applied be lower than the minimum nor greater than the maximum concentration specified on the product label for the termiticide used as a soil termiticide application. For each application a separate graph of the structure showing the specific areas treated, including any utility areas, shall be prepared. Such graph shall indicate the linear footage of the structure, total square footage of the structure and the volume applied to each area. (ii) Rate of application shall be four (4) gallons per ten (10) linear feet per foot of depth from the soil surface to the lesser of either the top of footings or a depth of four (4) feet applied to the trenches and backfill. Soil into which pipes extend from the structure, soil under expansion joints, and soil in any other critical point of potential termite entry must also be treated with an approved termiticide at the above application rate. In all treatments, the final termiticide application must be completed within ninety (90) days after the earlier of: (1) the granting of a local "certificate of occupancy" or other like certification that the structure is approved for occupancy; (2) the actual occupancy of the structure by owner, tenant, or otherwise; (3) the closing of a permanent loan on the structure; or (4) the completion of backfilling by the building contractor or owner. (iii) Rate of application shall be two (2) gallons per ten (10) linear feet to all tile, brick, concrete block or other type cavity walls, chimneys, hollow pillars or other similar structure parts. (iv) Rate of application to the fill under residential slab structures not exceeding two (2) units shall be at the minimum rate of one (1) gallon per ten (10) square feet. (v) Measures must be taken to prevent the back siphoning of pesticides and the contamination of public water supplies during dilution and filling operations. Do not apply pesticide while precipitation is occurring in any area where the application would be impacted by the precipitation. (vi) Precautions must be taken to prevent the contamination of wells or cisterns in or close to the structure being treated. (b) For pesticide products or devices applied for the purpose of controlling termites other than as a soil termiticide application: 1. Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. 2. Removal of all wooden contacts between buildings and outside soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention rate designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco or other construction material. 3. Removal of all wooden contacts between buildings and inside soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. 4. Removal of visible accessible termite tunnels unless specified on the product label. 5. Application of the approved termiticide or device consistent with all product label directions. Unless prohibited by the product's label directions, all applications of liquid pesticide applied to the surface of non-decorative or non-finished wood and/or sheathing shall include a sufficient amount of a dye or marker to readily indicate the areas that have been treated.

(3) Minimum adequate treatment for pesticide product applied as an alternate application technique, as defined in Rule 620-2-.01(d) , for subterranean termite control treatments made consistent with label directions shall include the following: (a) Removal of all cellulosic material from underneath the building and removal of any other debris which would interfere with inspection or treatment in such area. (b) Removal of all wooden contacts between buildings and outside soil other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. The top of all supports for untreated wooden members shall be no closer than six (6) inches to the soil. In no case shall the minimum clearance between untreated wood and soil be less than six (6) inches. This requirement shall apply only to those situations where wood is exposed and by design is not separated from the outside soil line by anything other than air space. Such clearance shall not apply to sill plates or other wooden members of a structure which may be physically closer to the earth than the required clearance but are by design enclosed by and insulated from the earth by brick, stucco, or other construction material. (c) Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact. In no case shall the minimum clearance between wood and soil in a crawl space be less than eighteen (18) inches. (d) Removal of visible accessible termite tunnels unless specified on the product label. (e) Application of approved termiticide, taking all precautions necessary to prevent the contamination of wells or cisterns in or close to the structure being treated. (f) Treatment applications must include all areas as specified in Rule 620-6-.04(1)(a) , 620-6-.04(1)(b) , or 620-6-.04(2)(a) except the area beneath concrete slabs of earth filled porches as specified in 620-6-.04(1)(b)5(iii) .

(4) Minimum adequate treatment for control or prevention of wood boring beetles, including powder post beetles, wood borers, and old house borers, shall include the application of a pesticide registered by EPA and the Georgia Department of Agriculture, in strict accordance with the product's registered directions for use. When infestation is located in a crawl space, treatment shall include the installation of a polyethylene or other water impervious vapor barrier to at least seventy (70) percent of the exposed soil surface in the enclosed space and ensure that ventilation meets the current requirements of the International Residential Building Code, the latest edition as adopted and amended by the Georgia Department of Community Affairs.

(5) Minimum adequate treatment for control or prevention of wood destroying fungi shall include the following: (a) When infestation is located in a crawl space, treatment shall include the installation of a polyethylene or other water impervious vapor barrier to at least seventy (70) percent of the exposed soil surface in the enclosed space and ensure that ventilation meets the current requirements of the International Residential Building Code, the latest edition as adopted and amended by the Georgia Department of Community Affairs. (b) In addition to the above requirements, when an infestation of water conducting fungi is located in a crawl space, control measures shall include the following: 1. Cut the visible rhizomorphs and scrape visible fungal growth from the foundation walls 2. Removal of all wooden contacts between buildings and inside crawl space soil, other than those wooden supports which have been treated with preservatives to a minimum preservative retention designed for ground contact.

(6) Minimum adequate treatment for control of dry wood termites shall include the application of an approved pesticide in strict accordance with the product's registered directions for use, or other such methods or techniques which, to the satisfaction of the Commission, have been demonstrated to be effective in controlling this pest.

O.C.G.A. § 43-14-1

This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section.

O.C.G.A. § 43-14-12

(a) Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing.

(b) (1) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.

(2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond.

(3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed.

(4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13.

(c) No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter.

O.C.G.A. § 43-14-12.1

(a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person.

(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor advertises that such person is in the business or profession of a conditioned air contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, radio, telephone directory, mailings, business cards, or sign at place of business or attached to a vehicle.

(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter.

(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.

(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

O.C.G.A. § 43-14-12.2

(a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person.

(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place of business or attached to a vehicle.

(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job site.

(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation.

(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

O.C.G.A. § 43-14-13

(a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.

(b) Any person who holds a license issued under this chapter may engage in the business of plumbing, electrical contracting, conditioned air contracting, low-voltage contracting, or utility contracting but only as prescribed by the license, throughout the state; and except as provided in Code Section 43-14-12, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.

(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, utility systems, or electrical services, except low-voltage wiring services, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation, an electrical, water, or gas department of any municipality in this state, a railroad company, a pipeline company, or a mining company in the exercise of its normal function as such.

(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a residential dwelling owned or occupied by such individual; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and any applicable county or municipal resolutions, ordinances, codes, or inspection requirements.

(e) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.

(f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building or as an integral part of any irrigation system on a farm or ranch when such system is not located within 30 feet of any dwelling or any building devoted to animal husbandry. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.

(g) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter.

(h) This chapter shall not apply to the installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor except as otherwise provided by law.

(i) This chapter shall not apply to any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.

(j) This chapter shall not apply to regular full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting when working on the premises of that employer.

(k) This chapter shall not apply to persons licensed as manufactured or mobile home installers by the state fire marshal when:

(1) Coupling the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing;

(2) Connecting the exterior sewer outlets to the above-ground sewer system; or

(3) Connecting the exterior water line to the above-ground water system.

(l) Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for the department. Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for a county, municipality, authority, or other political subdivision when such work is of the same nature as that for which the person is qualified when performing department work; provided, however, that such work is not performed on a utility system as defined in paragraph (17) of Code Section 43-14-2 for which the person receives compensation.

(m) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.

(n) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board.

(o) This chapter shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under this chapter.

(p) This chapter shall not apply to any employee or authorized agent of a regulated gas utility or municipal owned gas utility while in the course and scope of such employment.

(q) Any utility contractor holding a valid utility contractor's license under this chapter shall be authorized to bid for and perform work on any utility system in this state without obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a utility system or anyone soliciting work to be performed on a utility system to refuse to allow a utility contractor holding a valid utility contractor's license under this chapter to bid for or perform work on a utility system on the basis that such contractor does not hold a license under Chapter 41 of this title.

O.C.G.A. § 43-14-15

(a) As used in this Code section, the term:

(1) "Discharge" means an honorable discharge or a general discharge from active military service. Such term shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge.

(2) "Military" means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard.

(b) A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license shall determine the military specialties or certifications the training or experience for which substantially meets or exceeds the requirements to obtain a license for Electrical Contractor Class I, Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The Governor shall designate a chairperson from among the members of the committee.

(c) Any current or former member of the military may apply to the licensing board for the immediate issuance of a license or certification based upon his or her having obtained a military specialty or certification the training or experience for which substantially meets or exceeds the requirements to obtain a license or certification identified in subsection (b) of this Code section. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her discharge. Such application shall be in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.

O.C.G.A. § 43-14-16

(a) As used in this Code section, the term "military" means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard.

(b) The spouse of any member of the military who resides in this state due to the assignment of the military spouse and who holds a license or certification from another state the training, experience, and testing for which substantially meet or exceed the Georgia requirements to obtain a license or certification as an Electrical Contractor Class I, Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman shall be entitled to apply to the licensing board for the immediate issuance of such a license or certification. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her relocation to the State of Georgia. Such application shall be in such form and shall require such documentation as the division director shall determine. A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license, with a chairperson appointed by the Governor from among the membership of the committee, shall determine whether the training, experience, and testing for obtaining a license in the relevant foreign state substantially meet or exceed the requirements to obtain the professional licenses provided in this state. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.

O.C.G.A. § 43-14-2

As used in this chapter, the term:

(.1) "Alarm system" means any device or combination of devices used to detect a situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equipment failure, or on the occurrence of any other predetermined event.

(1) "Board" means the State Construction Industry Licensing Board.

(2) "Certificate of competency" means a valid and current certificate issued by the Division of Electrical Contractors created in Code Section 43-14-3, which certificate shall give the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor.

(3) "Conditioned air contracting" means the installation, repair, or service of conditioned air systems or conditioned air equipment. Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system. Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system.

(4) "Conditioned air contractor" means an individual who is engaged in conditioned air contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term "conditioned air contractor" shall not include a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work.

(5) "Conditioned air equipment" means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter.

(6) "Electrical contracting" means the installation, maintenance, alteration, or repair of any electrical equipment, apparatus, control system, or electrical wiring device which is attached to or incorporated into any building or structure in this state but shall not include low-voltage contracting.

(7) "Electrical contractor" means any person who engages in the business of electrical contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term "electrical contractor" shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work.

(8) "Executive director" means the executive director of the State Construction Industry Licensing Board.

(8.1) "General system" means any electrical system, other than an alarm or telecommunication system, involving low-voltage wiring.

(9) "Journeyman plumber" means any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber.

(10) "License" means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.

(10.1) "Low-voltage contracting" means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low-voltage wiring.

(10.2) "Low-voltage contractor" means an individual who is engaged in low-voltage contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed.

(10.3) "Low-voltage wiring" means:

(A) Wiring systems of 50 volts or less and control circuits directly associated therewith;

(B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or

(C) Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable disconnecting means which has been installed for the specific purpose of supplying the low-voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose.

(11) "Master plumber" means any individual engaging in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract.

(12) "Plumbing" means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term "plumbing" also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal; provided, however, that licensure under this chapter shall not be required for a contractor certified by the Department of Public Health to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system.

(12.1) "Telecommunication system" means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access.

(13) "Utility contracting" means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system.

(14) "Utility contractor" means a sole proprietorship, partnership, or corporation which is engaged in utility contracting under express or implied contract or which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract.

(15) "Utility foreman" means any individual who is employed by a licensed contractor to supervise the construction, erection, alteration, or repair of utility systems.

(16) "Utility manager" means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems.

(17) "Utility system" means:

(A) Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems; and

(B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity.

O.C.G.A. § 43-14-3

(a) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director.

(b) The board shall be composed of 27 members as follows:

(1) Five members known as the Division of Electrical Contractors, one of whom shall be a consulting engineer engaged in electrical practice, another of whom shall be the chief electrical inspector of a county or municipality and shall have served in such office for five years immediately preceding appointment to the board, and the remaining three of whom shall be engaged in the electrical contracting business;

(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber;

(3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade;

(4) Five members known as the Division of Low-voltage Contractors, one of whom shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality;

(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and

(6) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns.

(c) All members shall be appointed by the Governor, subject to confirmation by the Senate, for four-year terms.

(d) A member shall serve until a successor has been duly appointed and qualified.

(e) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment.

(f) Any appointive member who, during his or her term, shall cease to meet the qualifications for original appointment shall thereby forfeit membership on the board.

(g) Each member of the board shall take an oath of office before the Governor to faithfully perform the duties of such office.

(h) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct.

(i) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

O.C.G.A. § 43-14-5

The board shall have the power to:

(1) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time;

(2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state;

(3) Adopt an official seal for its use and change it at pleasure;

(4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility, and conditioned air contracting;

(4.1) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-10 and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the board's enforcement power to a division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement of this chapter;

(5) Determine qualifications for licensure or certification including such experience requirements as the board deems necessary; and

(6) Promulgate and adopt rules and regulations necessary to carry out this chapter.

O.C.G.A. § 43-14-6

(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:

(1) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving multifamily structures of not more than two levels or single-family dwellings of up to three levels. In addition, the structures shall have single-phase electrical installations which do not exceed 400 amperes at the service drop or the service lateral. Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;

(2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:

(A) Electrical Contractor Class I;

(B) Electrical Contractor Class II;

(C) Master Plumber Class I;

(D) Master Plumber Class II;

(E) Journeyman Plumber;

(F) Conditioned Air Contractor Class I;

(G) Conditioned Air Contractor Class II;

(H) Low-voltage Contractor Class LV-A;

(I) Low-voltage Contractor Class LV-T;

(J) Low-voltage Contractor Class LV-G;

(K) Low-voltage Contractor Class LV-U;

(L) Utility Contractor; Class A;

(M) Utility Contractor; Class B;

(N) Utility Contractor; Class U;

(O) Utility Manager (certificate); and

(P) Utility Foreman (certificate);

(3) Investigate, with the aid of the division director, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;

(4) After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds:

(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;

(B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;

(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or certified under this chapter;

(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;

(E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession;

(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;

(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air contracting likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air contracting; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;

(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or

(I) With respect to utility contractors, violations of Chapter 9 of Title 25;

(5) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the division director a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and

(6) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter.

(b) The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.

(c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to Code Section 43-14-12.

(d) (1) The Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological advances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.

(2) All provisions of this subsection relating to continuing professional education shall be administered by the division.

(3) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.

(4) The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

(5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.

(6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal.

(e) (1) The Division of Electrical Contractors shall be authorized to require persons seeking renewal of Electrical Contractor Class I and Class II licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to electrical contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs conducted by manufacturers specifically to promote their products shall not be approved.

(2) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

(f) (1) The Division of Utility Contractors shall be authorized to require persons seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to utility contracting provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.

(2) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

(g) (1) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to plumbing provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.

(2) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

O.C.G.A. § 43-14-8

(a) No person shall engage in the electrical contracting business as an electrical contractor unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6.

(b) (1) No person shall engage in the business of plumbing as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.

(2) No person shall engage in the business of plumbing as a journeyman plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.

(c) (1) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors.

(2) A person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor.

(d) Notwithstanding any other provision of this chapter, prior to and including September 30, 1983, the following persons, desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appropriate division of the State Construction Industry Licensing Board, provided that such individual submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter:

(1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter;

(2) Any individual holding a license issued by the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors;

(3) Any individual holding a license to engage in such vocation issued to him or her by any governing authority of any political subdivision; and

(4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he or she has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division.

(e) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in such vocation after September 30, 1983, shall take the examination and qualify under this chapter before engaging in such vocation or business, including such vocation at the local level.

(f) No partnership, limited liability company, or corporation shall have the right to engage in the business of electrical contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter.

(g) No partnership, limited liability company, or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter.

(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 days following the date of such death.

(i) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this chapter to notify the appropriate division immediately of the severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom such qualification rested.

(j) All applicants for examinations and licenses provided for by this chapter and all applicants for renewal of licenses under this chapter shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require. All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division.

(k) The board shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (d) of this Code section. The board shall notify such governing authorities that after September 30, 1983, any person desiring a license to engage in a profession covered by this chapter shall be required to pass an examination as provided in this chapter.

(l) Any applicant for licensure standing the examination on and after July 1, 1989, who fails the examination for licensure twice after such date shall be required to present satisfactory evidence to the appropriate division that the applicant has completed a board approved review course before such applicant will be admitted to a third examination. If such applicant fails the examination a third time, the applicant shall not be required to complete additional board approved review courses prior to taking subsequent examinations.

O.C.G.A. § 43-14-8.1

(a) For purposes of this Code section only, "division" means the "Division of Low-voltage Contractors."

(b) No person shall engage in alarm system, general system, or telecommunication system low-voltage contracting unless such person has a valid license therefor from the Division of Low-voltage Contracting.

(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed low-voltage wiring in those areas for a period of at least one year immediately prior to the time of application.

(d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in the vocation of low-voltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation.

(e) No partnership, limited liability company, or corporation shall have the right to engage in the business of low-voltage contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the low-voltage systems installation, repair, alteration, and service work of all employees of such partnership, limited liability company, or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership, limited liability company, or corporation has more than one office location from which low-voltage contracting is performed, at least one person stationed in each branch office of such partnership, limited liability company, or corporation, engaged in the performance of low-voltage contracting on a full-time basis and supervising the low-voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.

(f) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom the qualification of any such partnership, limited liability company, or corporation rested.

(g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division.

(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after December 31, 1984, any person desiring a license to engage in the vocation of low-voltage contracting shall be required to pass an examination as provided in this chapter.

O.C.G.A. § 43-14-8.2

(a) For purposes of this Code section only, "division" means the "Division of Utility Contractors."

(b) (1) After June 30, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.

(2) The requirements of this Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under which the license held by said person was issued.

(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall:

(1) Submit a completed application to the division on the form provided indicating:

(A) The names and addresses of proprietor, partners, or officers of such applicant;

(B) The place and date such partnership was formed or such corporation was incorporated; and

(C) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed;

(2) Submit its safety policy which must meet the minimum standards established by the board;

(3) Pay or have paid the required fees; and

(4) Not be otherwise in violation of this chapter.

(d) The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive.

(e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested.

(f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license. The division may, at its discretion, upon application by the utility contractor showing good cause grant one additional 90 day grace period. Grace periods totaling not more than 180 days may be granted during any two-year period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing.

(g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division.

(h) It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter.

O.C.G.A. § 43-14-8.3

(a) After June 30, 1994, no person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors.

(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course.

(c) An applicant may request an oral administration of the examination.

O.C.G.A. § 43-14-8.4

(a) After June 30, 1994, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors.

(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified.

(c) After June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system.

O.C.G.A. § 43-15-10

(a) For the purpose of determining whether an applicant has acquired the experience required under Code Section 43-15-8 or 43-15-9:

(1) Responsible charge of engineering teaching may, in the board's sole discretion, be considered as responsible charge of engineering work;

(2) The satisfactory completion of each academic year of an approved course in engineering or engineering technology in a school or college approved by the board, without graduation, may be considered as equivalent to a year of engineering experience;

(3) Partial credit may be granted by the board for the successful completion of one or more scholastic years of a four-year engineering curriculum in a school or college not approved by the board or in a curriculum in related science in a school or college approved by the board. The degree of credit shall be determined by the board upon consideration of the mathematics, science, and engineering courses completed by the applicant;

(4) No applicant shall receive experience credit for more than four years of undergraduate education; and

(5) The satisfactory completion of graduate study in an approved engineering curriculum may, in the board's sole discretion, be credited for not more than one year's experience.

(b) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of such work as foreman, inspector, or superintendent shall not be deemed to be engineering experience unless such work involves the application of engineering principles and the applicant presents evidence of additional engineering experience of a character satisfactory to the board and indicating the applicant is competent to be placed in responsible charge of engineering work.

O.C.G.A. § 43-15-29

(a) Nothing in this chapter shall be construed as excluding a qualified architect registered in this state from such engineering practice as may be incident to the practice of his or her profession or as excluding a professional engineer from such architectural practice as may be incident to the practice of professional engineering.

(b) The following persons shall be exempt from this chapter:

(1) A person working as an employee or a subordinate of a person holding a certificate of registration under this chapter or an employee of a person practicing lawfully under Code Section 43-15-21, provided such work does not include final design decisions and is done under the supervision of, and responsibility therefor is assumed by, a person holding a certificate of registration under this chapter or a person practicing lawfully under Code Section 43-15-21;

(2) Officers and employees of the government of the United States while engaged within this state in the practice of professional engineering or land surveying for such government;

(3) All elected officers of the political subdivisions of this state while in the practice of professional engineering or land surveying in the performance of their official duties;

(4) Officers and employees of the Department of Transportation, except as required by Title 46, while engaged within this state in the practice of professional engineering or land surveying for such department;

(5) Any defense, aviation, space, or aerospace company. As used in this paragraph, the term 'company' shall mean any sole proprietorship, firm, limited liability company, partnership, joint venture, joint stock association, corporation, or other business entity and any subsidiary or affiliate of such business entity; and

(6) Any employee, contract worker, subcontractor, or independent contractor who works for a defense, aviation, space, or aerospace company that is not required to be licensed under the provisions of this chapter pursuant to paragraph (5) of this subsection and who provides engineering for aircraft, space launch vehicles, launch services, satellites, satellite services, missiles, rockets, or other defense, aviation, space, or aerospace-related products or services, or any components thereof.

(c) This chapter shall not be construed as requiring registration for the purpose of practicing professional engineering or land surveying by an individual, firm, or corporation on property owned or leased by such individual, firm, or corporation unless the same involves the public safety or public health or for the performance of engineering which relates solely to the design or fabrication of manufactured products.

(d) This chapter shall not be construed to prevent or affect the practice of professional engineering and land surveying with respect to utility facilities by any public utility subject to regulation by the Public Service Commission, the Federal Communications Commission, the Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time permanent employees of any such public utility, including its parents, affiliates, or subsidiaries, except where such practice involves property lines of adjoining property owners, provided that this exception does not extend to any professional engineer or land surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee or to any engineering services performed by the above-referenced utility companies not directly connected with work on their facilities.

(e) This chapter shall not be construed to affect the lawful practice of a person acting within the scope of a license granted by the state under any other law.

O.C.G.A. § 43-40-1

As used in this chapter, the term:

(1) "Associate broker" means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.

(2) "Broker" means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another:

(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon;

(B) Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate;

(C) Collects rents, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds;

(D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof;

(E) Engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both;

(F) Auctions or offers or attempts or agrees to auction real estate;

(G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;

(H) Performs property management services or community association management services;

(I) Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or

(J) Advertises or holds himself or herself out as engaged in any of the foregoing.

(2.1) "Brokerage agreement" means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker's producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker's performing property management services or performing community association management services.

(3) "Commission" means the Georgia Real Estate Commission.

(4) "Commissioner" means the real estate commissioner.

(4.1) "Community association" means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an incident of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.

(4.2) "Community association management services" means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.

(4.3) "Community association manager" means a person who acts on behalf of a real estate broker in providing only community association management services.

(4.4) "Firm" means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.

(5) "Licensee" means any person who is licensed as a community association manager, salesperson, associate broker, or broker.

(5.1) "Ministerial acts" means those acts related to real estate brokerage activities which a licensee or a licensee's employee performs and which do not require discretion or the exercise of the licensee's own judgment.

(6) "Person" means individuals and firms.

(7) "Property management services" means the provision, for a valuable consideration, to another of marketing, including referring prospective tenants; leasing; physical, administrative, or financial maintenance; and overall management of real property; or supervision of the foregoing activities for another pursuant to a property management agreement.

(8) "Purchaser" means a person who acquired or attempts to acquire or succeeds to an interest in land.

(9) "Real estate" means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. "Mobile home," as used in this paragraph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.

(10) "Salesperson" means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.

(11) "State" means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation.

O.C.G.A. § 43-40-14

The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers' trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other extraordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contractor used by the commission shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary decision that the commission is authorized by law to make. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.

O.C.G.A. § 43-40-30.1

Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees.

O.C.G.A. § 43-40-9

(a) A nonresident holding a license on July 1, 1991, shall not be required to meet the requirements of this Code section in order to continue to hold a license unless such nonresident allows that license to lapse or applies for a different type of license.

(b) The commission may grant a license to a nonresident of this state who is not licensed in such nonresident's state of residence if that applicant meets the age, education, and examination requirements prescribed in Code Section 43-40-8.

(c) In order to be licensed in this state, nonresidents who are licensed in another state must meet any requirements established by the commission, which may include:

(1) Show satisfactory proof of current licensure in the applicant's state of residence;

(2) Pay any required fees;

(3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state;

(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident firm until said firm qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;

(5) Provide any documentation required by the commission of the applicant's licensure in any other state and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident;

(6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee; and

(7) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail or statutory overnight delivery to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted under this chapter.

(d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek nonresident licensure, not to exceed such requirements as prescribed in Code Section 43-40-8.

(e) (1) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a "licensed broker of another state" means the licensed broker and other brokers or salespersons licensed under such broker. The Georgia broker shall maintain for at least three years after its expiration date a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:

(A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia;

(B) How the brokers will divide any earned commissions;

(C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker;

(D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;

(E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;

(F) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission; that said contract, agreement, or offer shall be construed under Georgia law; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;

(G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and

(H) Such other matters as the commission may require by rule and regulation.

(2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees.

(3) Notwithstanding any other provision of this chapter, when a licensed broker of another state is acting only as a referral agent which involves only the mere referral of one person to another and such referring broker is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or any other real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state.

(f) Whenever an out-of-state broker operating under a written agreement permitted by subsection (e) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (e) of this Code section and the commission's rules and regulations.

(g) Reserved.

O.C.G.A. § 43-41-1

It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.

O.C.G.A. § 43-41-10

(a) In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter 1 of this title, the residential contractor division and the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person or licensee if such person or licensee is found by the appropriate division to have engaged in any fraud or deceit in obtaining a license or otherwise to have engaged in gross negligence, repeated or persistent incompetence, intentional misconduct in the practice of his or her profession, or willful violation of any provisions of this chapter.

(b) For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed.

(c) The separate divisions may issue a stop-work order for all unlicensed work falling within their respective jurisdictions upon finding probable cause to believe that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may be enforced by injunctive relief, cease and desist orders, or other related actions within the power and authority of the board and its respective divisions.

(d) The division having jurisdiction shall investigate and sanction any license holder found to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or intentional misconduct in the practice of residential or general contracting; and sanctions shall be assessed against any such residential or general contractor licensed under this chapter either individually or as a business organization acting through a qualifying agent. Such charges, unless dismissed without hearing by the division as unfounded, shall be heard and determined by that division in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(e) The divisions shall each adopt and publish in print or electronically rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses.

(f) Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.

O.C.G.A. § 43-41-11

The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.

O.C.G.A. § 43-41-12

(a) Any person, whether an individual or a business organization, who:

(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter;

(2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee duly authorized to perform work under such classification of licensure pursuant to this chapter;

(3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent;

(4) Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license;

(5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting;

(6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9; or

(7) Intentionally and repeatedly misrepresents or manipulates the value or percentage of work at the time of contract under subsections (e) and (f) of Code Section 43-41-17 to avoid the licensing requirements of this chapter,

shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court.

(b) Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division.

(c) Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.

O.C.G.A. § 43-41-14

(a) Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00.

(b) The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits for construction work requiring performance by either a licensed residential contractor or a licensed general contractor in the same location in which such building or other permits are issued.

O.C.G.A. § 43-41-15

If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes of this Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor's death. If an incomplete contract exists at the time of death of a sole qualifying agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifying agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.

O.C.G.A. § 43-41-16

(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any of the following acts:

(1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions;

(2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or general contracting or the ability to practice contracting;

(3) Performing any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed;

(4) Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualify one or more business organizations, including where such qualifying agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions of this chapter;

(5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions;

(6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contract as a residential or general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment;

(7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers' compensation and general liability insurance are provided;

(8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter;

(9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property;

(10) Proceeding on any job without obtaining applicable local building permits and inspections;

(11) Using or attempting to use a license that has expired or has been suspended or revoked;

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(12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of this title who does not possess a current and valid license for such work; or

(13) Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensee's profession.

(b) The appropriate division may take any one or more of the following actions against any license holder found by the division to have committed any one or more of the acts listed in subsection (a) of this Code section:

(1) Place the license holder on probation or reprimand the license holder;

(2) Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license;

(3) Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter;

(4) Impose an administrative fine not to exceed $5,000.00 for each violation;

(5) Require continuing education; or

(6) Assess costs associated with the investigation and prosecution.

(c) In determining penalties in any final order of the board or a division, the board or division shall follow the penalty guidelines established by the board's or division's rules and regulations.

(d) The board or a division may assess interest or penalties on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by rule, regulation, or final order.

(e) If the board or a division finds any contractor has violated the provisions of this chapter, the board or division may as a part of its disciplinary action require such contractor to obtain continuing education in the areas of contracting affected by such violation.

O.C.G.A. § 43-41-17

(a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until July 1, 2008. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting January 1, 2006. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of 18 months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting January 1, 2007, and continuing thereafter.

(b) As a matter of public policy, any contract entered into on or after July 1, 2008, for the performance of work for which a residential contractor or general contractor license is required by this chapter and not otherwise exempted under this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection.

(c) Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the license, throughout the state and no municipality or county may require any such person licensed under this chapter to comply with any additional licensing requirements imposed by such municipality or county relative to the performance of construction work subject to the licensing requirements under this chapter. However, nothing in this chapter shall preclude the implementation and enforcement by any municipality or county of a local rule, regulation, ordinance, order, or other requirement in effect and operation as of July 1, 2004, that requires a person to obtain a locally issued license, registration, or certification in order to:

(1) Engage in the construction of improvements to real property to the extent such activities are not encompassed by this chapter or by Chapter 14 of this title; or

(2) Engage in residential or general contracting within such jurisdiction; provided, however, that:

(A) The requirements and criteria for issuance of such local license, registration, or certification shall have been at least as strict and stringent, in the sole judgment of the board, as those for the issuance of a corresponding state-wide license issued under this chapter;

(B) Such local license, registration, or certification shall only apply to activities performed within the geographical limits of such municipality or county; and

(C) Such requirement shall not prevent or foreclose any contractor not holding such local license, registration, or certification but holding a valid and current state-wide license issued under this chapter or Chapter 14 of this title from the transaction of contracting business in such local jurisdiction within the scope of his or her state-wide license.

(d) Any person qualified by the Department of Transportation to perform construction work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving projects; airport runways or taxiways; or railroads, and services incidental thereto, for the department shall not be required to be licensed under this chapter in order to perform any such work for the department or for any other owner requiring similar work to be performed. The general contractor division of the board, in agreement with the Department of Transportation, shall, by rule, define "services incidental thereto" for the purposes of this subsection only and shall likewise define any other necessary terms as to the scope of the exemption provided by this subsection.

(e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plumbing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage in the performance of construction work or services directly with an owner, which work would otherwise require a license under this chapter, where the total scope of the work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that person's license.

(f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work. However, nothing in this chapter shall permit a specialty contractor to perform work falling within the licensing requirements of Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work. The board shall by rule or policy by January 1, 2008, identify specialty contractors or other criteria to determine eligibility under the exemption of this subsection. The specialty contractor otherwise exempted from license requirements under this chapter may perform work for an owner that would otherwise require a license under this chapter where the total scope of the work to be performed is predominantly of the type for which such specialty contractor is duly recognized as exempt under this subsection by the board, provided that such other work involved is incidental to and an integral part of the exempt work performed by the specialty contractor and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed.

(g) Nothing in this chapter shall preclude a person from offering or contracting to perform or undertaking or performing for an owner repair work, provided that the person performing the repair work discloses to the owner that such person does not hold a license under this chapter and provided, further, that such work does not affect the structural integrity of the real property. The board shall by rule or regulation further define the term "repair" as used in this subsection and any other necessary terms as to the scope of this exemption.

(h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered for sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, if, under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or corporation did not intend such building solely for occupancy by that person and his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within the scope of that person's license. In any event, however, all such work must be done in conformity with all other applicable provisions of this title, the rules and regulations of the board and division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements.

(i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer registered pursuant to Chapter 15 of this title from performing work or providing services within the scope of his or her registration for the practice of architecture or interior design or license for practicing engineering.

(j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer registered pursuant to Chapter 15 of this title from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incident to the design-build performance shall be performed by a duly licensed general contractor in compliance with other provisions of this chapter and that all services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter.

(k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings classified as an agricultural occupancy or that are used for agricultural storage or agricultural purposes.

(l) A contractor licensed under this chapter shall not be required to list on the face of a bid or proposal envelope the license number of any contractor licensed under Chapter 14 of this title that may or will be engaged to perform any work within the licensing requirements of Chapter 14 of this title which comprises part of the work for which such bid or proposal is submitted.

(m) Dams, including both earth dams and concrete dams, designed for electrical generation, water storage, or any other purpose may be constructed by either a general contractor licensed under this chapter or by a utility contractor licensed pursuant to Chapter 14 of this title.

(n) Nothing in this chapter shall apply to the construction or installation of manufactured homes as defined in paragraph (4) of Code Section 8-2-131.

O.C.G.A. § 43-41-18

(a) As used in this Code section, the term:

(1) "Discharge" means an honorable discharge or a general discharge from active military service. Such term shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge.

(2) "Military" means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard.

(b) A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the licensing board representing the profession of residential-light commercial contracting shall determine the military specialties or certifications the training, experience, and testing for which substantially meet or exceed the requirements to obtain a residential-light commercial contractor's license. The Governor shall designate a chairperson from among the membership of the committee.

(c) Any current or former member of the military may apply to the licensing board for the immediate issuance of a license or certification based upon his or her having obtained a military specialty or certification the training or experience for which substantially meets or exceeds the requirements to obtain a residential-light commercial contractor's license. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her discharge. Such application shall be in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the license, and such division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.

O.C.G.A. § 43-41-19

(a) As used in this Code section, the term "military" means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard.

(b) The spouse of any member of the military who resides in this state due to the assignment of the military spouse and who holds a license or certification from another state the training, experience, and testing for which substantially meet or exceed the Georgia requirements to obtain a license or certification as a residential-light commercial contractor shall be entitled to apply to the licensing board for the immediate issuance of such a license. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her relocation to the State of Georgia. Such application shall be in such form and shall require such documentation as the division director shall determine. A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license, with a chairperson appointed by the Governor from among the membership of the committee, shall determine whether the training, experience, and testing for obtaining a license in the relevant foreign state substantially meet or exceed the requirements to obtain the professional licenses provided in this state. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the license, and such division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.

O.C.G.A. § 43-41-2

As used in this chapter, the term:

(1) "Board" means the State Licensing Board for Residential and General Contractors.

(2) "Business organization" means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section.

(3) "Contracting" means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance of these services also constitutes contracting.

(4) "Contractor," except as specifically exempted by this chapter, means a person who is qualified, or required to be qualified, under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction for an owner of any building, bridge, or other structure, including a person who installs industrialized buildings as defined in paragraphs (3) and (4) of Code Section 8-2-111, for the construction or improvement of, addition to, or the repair, alteration, or remodeling of any such building, bridge, or structure for use by the owner or by others or for resale to others. The term "contractor" for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:

(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and

(B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part of a design-build entity or combination.

Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system.

(5) "General contractor" means a contractor whose services are unlimited as to the type of work which he or she may do, subject to the financial limitations as may be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter.

(6) An "owner" of real property means a person or entity that has a majority ownership interest in the real property to be improved and for whom an improvement is made or who contracts with or engages, directly or through an agent, the contractor to perform the construction work or services.

(7) "Qualifying agent" means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities within the State of Georgia of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on any project for which he or she has obtained the building permit pursuant to Code Section 43-41-14; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, except as exempted under Code Section 43-41-8, as attested by the division.

(8) "Real property" means the real estate, or an interest therein, that is improved, including leaseholds, tenements, and easements, and improvements constructed or placed thereon.

(9) "Residential contractor" means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00. The term "residential contractor" shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title.

(10) "Residential-basic contractor" means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures;

(11) "Residential-light commercial contractor" means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (1) of subsection (b) of Code Section 25-2-13.

(12) "Specialty contractor" means a contractor whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.

O.C.G.A. § 43-41-3

(a) There is created the State Licensing Board for Residential and General Contractors consisting of 15 members appointed by the Governor for five-year terms. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the general contractor division. Eight members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms.

(b) The residential contractor division shall consist of eight members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Six members shall be residential contractors eligible for licensure under this chapter; provided, however, that effective January 1, 2008, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominantly involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, one member shall serve an initial term of three years, and one member shall serve an initial term of one year. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it.

(c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective January 1, 2008, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small-volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it.

O.C.G.A. § 43-41-5

(a) The board shall meet at least twice each year for the purpose of transacting such business as may properly come before it and of overseeing the operation of its divisions.

(b) The board and its divisions shall have the power to:

(1) Request from the various departments, agencies, and authorities of the state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time;

(2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, or certification and that any such contractor holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the respective division, the qualifications, requirements, and criteria set forth in Code Section 43-41-6, other than the requirement to take and pass an examination as set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise in compliance with all requirements of the State of Georgia for transaction of such business within this state; provided, further, that a similar privilege is offered to residents of this state by the other state or territory;

(3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title;

(4) Adopt official seals for their use and change them at pleasure;

(5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting and provide interpretation and guidance regarding the implementation and application of such policies and procedures;

(6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary;

(7) Promulgate and adopt rules and regulations necessary to carry out this chapter;

(8) Establish and define appropriate categories of general contractor licensure based upon financial criteria; and

(9) Allow for inactive status pursuant to Code Section 43-1-22.

(c) Regarding the powers and authorities conferred by this Code section relative to the residential-light commercial contractor subcategory of the residential contractor classification under this chapter, due to the characteristics of such subcategory, such powers and authorities shall be delegated to and conferred upon, in the first instance, a combined and overlapping subdivision comprising four members of both of the divisions, two of whom shall be the residential-light commercial qualified members of the residential contractor division and two of whom shall be the small volume qualified members of the general contractor division, with neither division having sole oversight and control of such powers and authorities. The chairperson of such combined subdivision shall be rotated annually between the chairperson of the residential contractor division and the chairperson of the general contractor division, with the residential contractor chairperson initially serving as chairperson. The combined subdivision shall meet at the call of such chairperson. However, regarding the actual issuance of licenses under this chapter for residential-light commercial contracting and any powers and authorities relative to administration, oversight, control, or disciplinary action of persons issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15, and 43-41-16, the residential contractor division shall have full power and authority. Any determinations made or actions taken by this subdivision shall be subject to the ultimate review, oversight, control, power, and authority of the board.

(d) (1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of residential or general contracting may have taken place.

(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

(3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.

(e) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter or any other provision of law relating to a licensee's or applicant's fitness to practice as a licensed residential or general contractor or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice.

(f) The denial of a license on grounds other than those enumerated in this chapter, the issuance of a private reprimand, the denial of a license by reciprocity, the denial of a request for reinstatement of a revoked license, or the refusal to issue a previously denied license shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the appropriate division if he or she so requests.

(g) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant.

(h) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board.

(i) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, business organizations, or other associations of any kind whatsoever.

(j) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed.

O.C.G.A. § 43-41-6

(a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:

(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or

(2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9.

Additionally, all applicants must submit to and successfully pass an examination prepared by, prepared for, or approved by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division, either as an individual doing business in his or her own name or doing business as an individual in a trade name as a sole proprietor or as a qualifying agent for another business organization.

(b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(3) Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and

(4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application.

(c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, and integrity;

(3) Meets eligibility requirements according to one of the following criteria:

(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division;

(B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

(C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and

(4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application.

(d) A person shall be eligible for licensure as a general contractor by the general contractor division if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and

(3) Meets eligibility requirements according to one of the following criteria:

(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division;

(B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or

(C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division.

(e) Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division or general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Applicants for a general contractor license shall provide proof of a minimum net worth in an amount which is specified by the general contractor division. Additionally, all applicants shall provide proof of general liability insurance and of workers' compensation insurance as required by the laws of this state in their name. However, if and to the extent the applicant is submitted as a person seeking to act as a qualifying agent of a particular business organization, such proofs and information shall relate and pertain to such business organization rather than the individual applicant, subject to the limitations set forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a general contractor's license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division; provided, however, that where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization. The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the appropriate division and shall be a condition of renewal. A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, must notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's and, if the licensee is acting as a qualifying agent for any business organization, such business organization's current mailing address, insurance coverages, and affiliated entities. (f)(1) The residential contractor division and the general contractor division shall each conduct or cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8.

(2) The residential contractor division shall conduct or cause to be conducted separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers' compensation, insurance, and liens.

(3) The general contractor division shall conduct or cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens.

(4) If the results of the applicant's examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified.

(g) Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees.

(h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board.

(i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by submitting a renewal as prescribed by the board and paying a late renewal fee as determined by the board. After six months has elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board.

(j) The division director shall give advance notice to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section.

(k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic license, six hours annually for a residential-light commercial license, and eight hours annually for a general contractor license.

O.C.G.A. § 43-41-7

A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single-family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the "Georgia Arbitration Code."

O.C.G.A. § 43-41-8

(a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a general contractor license under the provisions of this chapter, either individually or as a qualifying agent, shall be eligible for issuance of such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:

(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing authority of any political subdivision of this state which requires passing an examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17;

(2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as provided in this Code section; provided, however, that such person shall be either a resident and citizen of the State of Georgia or, if applying as a qualifying agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residential-light commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years immediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business organization in which such individual person was affiliated by employment or ownership and over which such person had general oversight and management responsibilities;

(3) Any person who holds a current and valid license to practice a comparable category of residential or general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:

(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgia's current license criteria;

(B) The application requirements and application form submitted to the other state or territory upon which such license was issued are available for review by the appropriate division and the examination results are made available to the appropriate division;

(C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and

(D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted in accordance with subsection (a) of Code Section 43-41-17; and

(4) Any person who holds a current and valid license issued under this chapter to engage in the comparable category of residential or general contracting which license was issued to him or her in their capacity either as an individual licensee or as a qualifying agent for a business organization.

(b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under this Code section, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.

(c) Any business organization that had an applicant submit a complete and satisfactory application pursuant to this Code section, but was not issued a license due to the death of the qualifying agent applicant prior to the issuance of the license, shall remain eligible for consideration under this Code section with the submission of a new qualifying agent applicant for such business entity.

O.C.G.A. § 43-41-9

(a) If an individual applicant proposes to engage in residential or general contracting in the individual's own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, the application for a license under this chapter must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division after the effective date of the licensing requirements as specified in subsection (a) of Code Section 43-41-17. The appropriate division shall not issue a license to any business organization or entity to engage in residential or general contracting unless such business organization or entity employs at least one currently licensed individual residential or general contractor serving as its qualifying agent who is actually engaged by ownership or employment in the practice of residential or general contracting for such business organization or entity and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business.

(b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity within the State of Georgia and that the individual applicant has final approval authority on all construction matters, including contracts and contract performance and financial affairs related to such construction matters, for each construction job for which his or her license was used to obtain the building permit.

(c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate division's rules and regulations either:

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(1) In its own name as a separate business organization; or

(2) By each of the members of the joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractor's license issued by the appropriate division.

Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture.

(d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, furnish the correct information to the appropriate division.

(e) (1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notify the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agent's affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the appropriate division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential or a general contractor unless and until a new application is submitted and approved by the appropriate division. In such circumstance, the affected business organization may not thereafter engage in residential or general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization.

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(2) A person licensed under this chapter either as an individual doing business in his or her name or doing business in a trade name as a sole proprietor may serve as a qualifying agent for a business organization upon application and demonstration of satisfaction by such business organization of all financial and insurance requirements pursuant to Code Section 43-41-6. A qualifying agent may serve in such capacity for more than one business organization, provided that he or she shall satisfy the criteria for serving in such capacity with regard to each such business organization. A qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation as a qualifying agent with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license for the purpose of engaging in contracting as an individual in his or her own name, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements in order to engage in the business of contracting under this chapter as an individual in his or her own name or doing business as an individual in a trade name as a sole proprietor or by the business organization he or she desires to qualify in order to obtain a license for such other business organization, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and under his or her previously issued license unless and until the appropriate division determines that the person seeking issuance of the license no longer meets these requirements.

(3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the applicant, the division shall notify the applicant, whether the applicant was previously approved as an individual or a qualifying agent, that the applicant is approved, without an examination, for a new license.

(f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied.

(g) Each qualifying agent shall pay the appropriate division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization.

(h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all construction related operations of the business organization, for all field work at all sites, and for financial matters within the State of Georgia for each construction job for which his or her license was used to obtain the building permit.

(i) Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessor's actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individual's status as a qualifying agent.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)