2021 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 10 - Sale and Storage of Liquefied Petroleum Gas
§ 10-1-266. Issuance of Licenses or Permits; Annual Fees

The state fire marshal is authorized and empowered to issue a license or permit to such person, firm, or corporation qualifying under the terms of this article and such rules and regulations as may be adopted by the state fire marshal.For such license or permit issued on or after July 1, 1990, a one-time fee of not less than $100.00 nor more than $500.00 shall be charged on a graduated capacity scale for each installation of such person, firm, or corporation doing business in Georgia. All fees, assessments, and collections made by the state fire marshal shall be paid into the general fund of the state treasury.The license or permit of any licensee or permittee who had paid an annual license or permit fee on or after January 1, 1990, but prior to July 1, 1990, shall be valid for the remainder of the period of time covered by such payment and, upon the expiration of such period of time, the licensee or permittee shall become subject to the one-time fee requirement provided in this Code section.

(Ga. L. 1949, p. 1128, § 7; Ga. L. 1955, p. 221, § 2; Ga. L. 1990, p. 647, § 1; Ga. L. 1992, p. 2134, § 2.)

- Pursuant to Code Section 28-9-5, in 1990, a comma was deleted following "charged" in the second sentence and "Code section" was substituted for "subsection" at the end of the last sentence.

JUDICIAL DECISIONS

Authority of Safety Fire Commissioner.

- In the absence of the state fire marshal, the Safety Fire Commissioner was authorized to act on an application for a license to maintain a liquefied petroleum gas bulk distribution facility. Safety Fire Comm'r v. U.S.A. Gas, Inc., 229 Ga. App. 807, 494 S.E.2d 706 (1997).

- Even if the procedures of the Safety Fire Commissioner in acting on an application for a license to maintain a liquefied petroleum gas bulk distribution facility were flawed, the superior court could not substitute the court's own judgment for that of the Commissioner. Safety Fire Comm'r v. U.S.A. Gas, Inc., 229 Ga. App. 807, 494 S.E.2d 706 (1997).

State fire marshal has no authority to require municipality to obtain license for the municipality's liquefied petroleum plant as may be required of others under the provisions of this section. 1970 Op. Att'y Gen. No. 70-146.

- Persons licensed pursuant to O.C.G.A. § 10-1-266 are not exempt from the requirement of holder of license as a conditioned air contractor pursuant to the requirements of the State Construction Industry Licensing Board, Division of Conditioned Air Contractors, O.C.G.A. § 43-14-1 et seq. 1994 Op. Att'y Gen. No. 94-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gas and Oil, §§ 145, 159 et seq.

- 58 C.J.S., Mines and Minerals, §§ 443, 444.