Rule 120-3-10-.03 - Administration(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):(iii) Underground Mining.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. 120-3-10-.03
O.C.G.A. §§ 25-2-4, 25-2-17, 25-8-9.
Original Rule entitled "Definitions"adopted. F. Jan. 29, 1968; eff. Apr. 1, 1968, as specified by the Agency.Repealed: New Rule of same title adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency.Repealed: New Rule of same title adopted. F. July 9, 1998; eff. July 29, 1998.Repealed: New Rule of same title adopted. F. Apr. 17, 2002; eff. May 7, 2002.Amended: ER. 120-3-10-0.4-.03 adopted. F. and eff. Feb. 17, 2006.Amended: ER. 120-3-10-0.5-.03 entitled "Administration"adopted. F. and eff. June 8, 2006.Amended: Permanent Rule adopted. F. Nov. 1, 2006; eff. Nov. 21, 2006.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.