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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 10. COMMERCE AND TRADE |
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Chapter 1. SELLING AND OTHER TRADE PRACTICES |
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Article 10. SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS |
| § 10-1-260. Short title |
| § 10-1-261. Legislative finding |
| § 10-1-262. "Liquefied petroleum gas" defined |
| § 10-1-263. State fire marshal to enforce article |
| § 10-1-264. Assistants and employees of state fire marshal |
| § 10-1-265. Rules and regulations setting standards for liquefied petroleum gas equipment |
| § 10-1-266. Issuance of licenses or permits; annual fees |
| § 10-1-267. Insurance or bond requirements for license or permit holders |
| § 10-1-268. Minimum storage facilities required |
| § 10-1-269. Suspension or revocation of license or imposition of penalty by state fire marshal |
| § 10-1-270. Conflicting local ordinances or regulations prohibited |
| § 10-1-271. Reciprocal agreements with other states |
| § 10-1-272. Penalty for violating article or rules and regulations |
REFS & ANNOS
TITLE 10 Chapter 1 Article 10 NOTE
EDITOR'S NOTES. --Ga. L. 1992, p. 2134, § 2, effective April 17, 1992, provides: "Article 10 of Chapter 1 of Title 10 as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volume 8 of such publication as amended by the text and numbering of Code Sections as contained in the 1991 supplements to the Official Code of Georgia Annotated published under authority of the state in 1991 by the Michie Company is reenacted and shall have the effect of a statute enacted by the General Assembly of Georgia."
ADMINISTRATIVE RULES AND REGULATIONS. --Liquefied Petroleum Gases, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Safety Fire Commissioner, Chapter 120-3-16.
JUDICIAL DECISIONS
PROVISIONS ENACTED FOR PUBLIC BENEFIT. --Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. were passed for the public benefit and are statutes of public policy. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
O.C.G.A. ART. 10, CH. 1, T. 10 AND O.C.G.A. §§ 25-2-1 THROUGH 25-2-39 CONSTRUED TOGETHER. --To give effect to the intent of the General Assembly, Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. should be construed together, as both sought to remedy an evil which then existed, and the statutes prescribed a remedy for the public good. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
STATUTE AUTHORIZING WAIVER OF BENEFIT OF LAW INAPPLICABLE TO SAFETY REGULATIONS. --The exception in former Code 1933, § 102-106 that "a person may waive or renounce what the law has established in his favor when he does not thereby injure others or affect the public interest" had no application where the contract attempted to release a party from liability for acts violating liquefied gas safety regulations. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
DISTRIBUTOR NOT RELEASED FROM LIABILITY FOR NEGLIGENCE. --A liquefied petroleum distributor is without authority of law to release the distributor from liability by a contract or otherwise because of damage resulting from the negligence of such distributor. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
GAS COMPANY IS NOT INSURER OF SAFETY OF CUSTOMERS and their agents and invitees. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S.E.2d 398 (1952).
GAS COMPANY IS LIABLE ONLY FOR ACTS OF NEGLIGENCE. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S.E.2d 398 (1952).
CITED in Liberty Homes, Inc. v. Stratton, 90 Ga. App. 675, 83 S.E.2d 818 (1954).
RESEARCH REFERENCES
ALR. --Rights, under oil and gas lease, deed, or sales contract, to "distillate," "condensate," or "natural gasoline," 38 ALR3d 983.
Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death, or property damage, 41 ALR3d 782.
Gasoline or other fuel storage tanks as nuisance, 50 ALR3d 209.
ADMINISTRATIVE RULES AND REGULATIONS. --Liquefied Petroleum Gases, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Safety Fire Commissioner, Chapter 120-3-16.
JUDICIAL DECISIONS
PROVISIONS ENACTED FOR PUBLIC BENEFIT. --Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. were passed for the public benefit and are statutes of public policy. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
O.C.G.A. ART. 10, CH. 1, T. 10 AND O.C.G.A. §§ 25-2-1 THROUGH 25-2-39 CONSTRUED TOGETHER. --To give effect to the intent of the General Assembly, Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. should be construed together, as both sought to remedy an evil which then existed, and the statutes prescribed a remedy for the public good. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
STATUTE AUTHORIZING WAIVER OF BENEFIT OF LAW INAPPLICABLE TO SAFETY REGULATIONS. --The exception in former Code 1933, § 102-106 that "a person may waive or renounce what the law has established in his favor when he does not thereby injure others or affect the public interest" had no application where the contract attempted to release a party from liability for acts violating liquefied gas safety regulations. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
DISTRIBUTOR NOT RELEASED FROM LIABILITY FOR NEGLIGENCE. --A liquefied petroleum distributor is without authority of law to release the distributor from liability by a contract or otherwise because of damage resulting from the negligence of such distributor. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).
GAS COMPANY IS NOT INSURER OF SAFETY OF CUSTOMERS and their agents and invitees. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S.E.2d 398 (1952).
GAS COMPANY IS LIABLE ONLY FOR ACTS OF NEGLIGENCE. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S.E.2d 398 (1952).
CITED in Liberty Homes, Inc. v. Stratton, 90 Ga. App. 675, 83 S.E.2d 818 (1954).
RESEARCH REFERENCES
ALR. --Rights, under oil and gas lease, deed, or sales contract, to "distillate," "condensate," or "natural gasoline," 38 ALR3d 983.
Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death, or property damage, 41 ALR3d 782.
Gasoline or other fuel storage tanks as nuisance, 50 ALR3d 209.