Rule 120-3-12-.02 - Administration(1) It is prohibited for any person to manufacture, sell, store, transport, possess, or use anhydrous ammonia, except in conformance with these rules and regulations.(2) Requirements for Permit: (a) It is prohibited for any person to manufacture, sell, store, transport, or store for transportation or sale, anhydrous ammonia in the State of Georgia except by authority of a written permit issued by the State Fire Marshal in conformance with these rules and regulations, provided that no person operating under an Interstate Commerce Commission, Department of Transportation or Georgia Public Service Commission permit, and in accordance with the requirement of those agencies, shall be required to obtain a permit from the State Fire Marshal for transportation or storage for transportation of anhydrous ammonia.(b) Application for Permit: 1. The applicant for a permit required by these rules and regulations shall, at his own expense, furnish in writing such information as the State Fire Marshal may require concerning the purpose for which the permit is requested.2. Pursuant to O.C.G.A. Section 25-2-4.1, the application for a permit shall be accompanied by the mandatory permit fee, payable to the Safety Fire Commissioner.3. Submission of Plans: (i) Complete plans and specification for all systems involving the storage of over 2,000 water gallons of anhydrous ammonia 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 proposed system and its compliance with this Chapter. One copy 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 by the mandatory plan review fee, payable to the Safety Fire Commissioner. Pursuant to O.C.G.A. Section 25-2-16, 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.(ii) For all other systems which require a permit but which involve the storage of 2,000 water gallons or less of anhydrous ammonia, a final inspection shall be obtained from the State Fire Marshal before the permit can be issued.(3) Records: (a) All persons required by these rules and regulations to obtain a permit shall keep an accurate record of each sale or delivery. Such records shall be in clear, legible writing showing the name and address of purchasers, the quantity purchased, and the location of the operation at which said anhydrous ammonia is to be used, stored or delivered. Such records shall be kept by such person, firm or corporation in its principal place of business in this State. These records shall be subject to examination by the State Fire Marshal and/or his authorized assistants. The State Fire Marshal and/or his authorized assistants may at any time require any person, firm or corporation to produce such records for the current calendar year and the immediate preceding full calendar year.(4) Miscellaneous Provisions: (a) It is prohibited for any person to introduce anhydrous ammonia into any container which does not meet the standards of these rules and regulations.(b) It is prohibited for any person, firm or corporation to sell, deliver or otherwise convey anhydrous ammonia to any person, firm or corporation not equipped to handle or store same in conformance with the requirements of these regulations.(c) It shall be prohibited for any person, firm or corporation to introduce anhydrous ammonia into a tank or container which has previously contained liquefied petroleum gas without written permission from the State Fire Marshal.(5) Revocation of Permit: (a) The State Fire Marshal may revoke a permit or approval issued under the provisions of the law or regulations in the event there has been any false statement or misrepresentation as to material fact in the application upon which the permit or approval was based.(b) The permit may be revoked for cause after notice and hearing provided in accordance with Rules 120-3-2-.02 of the Rules of the Safety Fire Commissioner; provided, however, that the Safety Fire Commissioner may revoke any license prior to notice and hearing if he determines, upon recommendation of the State Fire Marshal, that the situation involves an imminent peril to the public health, safety, and welfare and that the situation therefore require 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. 120-3-12-.02
O.C.G.A. §§ 25-2-4, 25-2-16.
Original Chapter entitled "The Storage and Handling of Anhydrous Ammonia" adopted. F. Jan. 29, 1968; eff. Apr. 1, 1968, as specified by the Agency.Repealed: New Chapter entitled "Rules and Regulations for the Storage and Handling of Anhydrous Ammonia" adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency.Amended: F. Aug. 25, 1992; eff. Sept. 14, 1992.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.Editor's Note In accordance with the O.C.G.A., Section 50-13-21, the contents of this Chapter are not filed with or published by the Secretary of State; only the name and designation is filed, printed, and distributed. These Regulations are on file in the Office of the Commissioner of Insurance, Safety Fire Department and are open for public examination and copying.Note: Chapter 120-3-12 "Editor's Note" rescinded. F. Dec. 13, 2019; eff. January 1, 2020 as specified by the Agency.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020 as specified by the Agency.