State liability not created

Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom. History. Code 1981, § 34-13-20, enacted by Ga. L. 1986, p. 330, § 2; Code 1981, § 34-1322, as redesignated by Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-100, as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446. Editor’s notes. Ga. L. 1990, p. 1945, § 1 redesignated the former provisions of Code Section 3413-20 as former Code Section 34-13-22. 25-15-101. Regulation of carnival rides by counties, municipalities, and other political subdivisions. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48. History. Code 1981, § 34-13-23, enacted by Ga. L. 1995, p. 366, § 9; Code 1981, § 25-15- 101, as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446. 263 T.25, C.15, A.5 FIRE PROTECTION AND SAFETY 25-15-110 ARTICLE 5 REQUIREMENTS FOR SCAFFOLDING AND STAGING DESIGN Editor’s notes. Ga. L. 2012, p. 1144, § 4/SB 446, redesignated Code Section 34-1-1 as this article. 25-15-110. Requirements for scaffolding and staging design; inspection by Safety Fire Commissioner. (a)(1) All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports and is suspended or rises 30 feet or more above the ground shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein. (2) It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection. (b) All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use. (c)(1) The Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing the Commissioner’s name and the date of inspection, and the certificate shall plainly state whether he or she has found the scaffolding, staging, or mechanical device “safe” or “unsafe.” (3) If the Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, the Commissioner shall at once notify in writing the person responsible for the erection and 264 25-15-110 OTHER SAFETY INSP. & REGULATIONS 25-15-110 maintenance of the scaffolding, staging, or mechanical device that the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor. History. Ga. L. 1933, p. 111, §§ 1-7; Ga. L. 1967, p. 792, § 1; Code 1981, § 34-1-1; Code 1981, § 25-15-110, as redesignated by Ga. L. 2012, p. 1144, § 6/SB 446.