Full Text
Page 1 of 28 STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO ADOPT NEW CHAPTER 21, ENTITLED “FIRE PREVENTION AND PROTECTION”, OF THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA TO BETTER ENABLE THE PREVENTION OF AND PROTECTION AGAINST FIRES AND THE ELIMINATION AND MITIGATION OF FIRE-RELATED HAZARDS IN THE UNINCORPORATED AREAS OF PICKENS COUNTY FOR THE PURPOSE OF PROTECTING AND PRESERVING THE PUBLIC’S SAFETY, HEALTH, WELFARE AND QUALITY OF LIFE THEREIN BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting and preserving public health, safety and welfare in a county’s unincorporated areas; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”) through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower and enable the governing and policing of the unincorporated areas of Pickens County (“Unincorporated Pickens County”) for the purpose of protecting and preserving public health, safety, welfare and quality of life therein; and WHEREAS, the paramount duty of the Board of Commissioners (“Board”) is to protect and preserve the public’s safety, health, welfare and quality of life in Pickens County, and WHEREAS, fires and fire-related hazards pose a significant threat to said safety, health, welfare and quality of life in Pickens County, and WHEREAS, said prevention of and protection against fires and said mitigation and elimination of fire-related hazards therefore are of paramount importance to the public in Pickens County, and ---PAGE BREAK--- Page 2 of 28 WHEREAS, operating pursuant to O.C.G.A. § 25-3-1 and operating within the span-of- control of the Board, Pickens County Fire & Rescue, inclusive of the Pickens County Fire Marshal’s Office (“Fire Marshal’s Office”), is charged with the day-to-day responsibilities of preventing and protecting against fires and of eliminating and mitigating fire-related hazards in Unincorporated Pickens County; and WHEREAS, the wherewithal of Pickens County Fire & Rescue and of the Fire Marshal’s Office to prevent and protect against fires and to eliminate and mitigate fire-related hazards in Unincorporated Pickens County will be enhanced by the adoption and incorporation of comprehensive, clear and effective fire prevention, protection and safety standards into the Code; and WHEREAS, said adopted fire prevention, protection and safety standards will also provide a standardized regulatory framework for Pickens County Fire & Rescue and for the Fire Marshal’s Office; and WHEREAS, said standardized regulatory framework will facilitate local consistency with Georgia, federal and other applicable regulatory standards; and WHEREAS, in accordance with the preceding recitals, the Board desires to adopt and incorporate into the Code the state minimum fire safety standards as referenced in O.C.G.A. § 25-2-12 and as correspondingly set forth in the Rules and Regulations of the State of Georgia - Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner for the State Minimum Fire Safety Standards, as promulgated and amended from time to time pursuant to O.C.G.A. § 25-2-4; and WHEREAS, also in accordance with the preceding recitals, the Board desires to adopt and incorporate into the Code various additional safety-centric regulatory standards provided in other well-established, universally recognized and widely utilized sources of authority; and WHEREAS, further in accordance with the preceding recitals, the Board desires for Pickens County Fire & Rescue and the Fire Marshal’s Office to enforce the most regulatorily stringent standard between overlapping standards adopted and incorporated into the Code from the aforesaid multiple sources; and WHEREAS, still further in accordance with the preceding recitals, the Board desires to adopt into the Code additional provisions to additionally further enable Pickens County Fire & Rescue and the Fire Marshal’s Office; and ---PAGE BREAK--- Page 3 of 28 WHEREAS, an appropriately noticed public hearing concerning these amendments to Chapter 21 was conducted on August 18, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: SECTION 1. New Chapter 21, entitled “Fire Prevention and Protection”, is hereby added to the Code by the amendments thereto set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses, or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. All ordinances, parts of ordinances, resolutions, or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of August 2025. (Signature Page to Follow) ---PAGE BREAK--- ---PAGE BREAK--- Page 5 of 28 EXHIBIT A Adoption of New Chapter 21 [FIRE PREVENTION AND PROTECTION] of the Code of Ordinances, Pickens County, Georgia That the Code of Ordinances, Pickens County, Georgia is hereby amended by adding New Chapter 21 [FIRE PREVENTION AND PROTECTION] as follows: Chapter 21 - FIRE PREVENTION AND PROTECTION ARTICLE I. – FIRE CODE AND SAFETY STANDARDS Sec. 21-1. – Intent. The Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”) hereby declares that the prevention of and protection against fires and the elimination and mitigation of fire-related hazards in the unincorporated areas of Pickens County (“Unincorporated Pickens County”) is essential to protecting and preserving public safety, health, welfare and quality of life therein. Said prevention of and protection against fires and said elimination and mitigation of fire-related hazards will be most effective when comprehensive, clear and effective fire prevention, protection and safety standards are adopted and incorporated into the Code of Ordinances, Pickens County, Georgia (“Code”). Through the addition of this new Chapter 21 to the Code (“Chapter 21”), as adopted and amended pursuant to O.C.G.A. § 36-1-20, the Board of Commissioners hereby: 1. Adopts and incorporates said comprehensive, clear and effective fire prevention, protection and safety standards from well-established, universally recognized and widely utilized sources of authority. 2. Adopts other regulatory provisions. 3. Provides the means for the effective and efficient administration and enforcement of the provisions of this Chapter. ---PAGE BREAK--- Page 6 of 28 (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-2. – Adoption of state minimum fire safety standards. Adopted hereby for incorporation into the Code, as though fully set forth in this Article, are the state minimum fire safety standards referenced in O.C.G.A. § 25-2- 12 and correspondingly promulgated by the Safety Fire Commissioner pursuant to O.C.G.A. § 25-2-4 and thereby set forth in the “Rules and Regulations of the State of Georgia - Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, for the State Minimum Fire Safety Standards”, including all subsequent revisions thereof. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-3. – Adoption of additional safety standards. Adopted hereby for incorporation into the Code, as though fully set forth in this Article, are the following additional safety standards: 1. The Georgia Life Safety Code in its current adopted year (based on NFPA 101) 2. The International Fire Code in its current adopted year, including its: a. Appendix B concerning fire-flow requirements b. Appendix C concerning the location and spacing of fire hydrants c. Appendix D concerning fire apparatus access requirements 3. Article 3, “Application of Building and Fire Related Codes in Existing Buildings”, of Chapter 2, “Standards and Requirements for Construction and Alteration of Buildings and Other Structures”, of Title 8, “Buildings and Housing”, of the Official Code of Geogia Annotated. 4. The 2010 ADA Standards for Accessible Design. (Ord. of 8-18-2025 § 1 (Exh. ---PAGE BREAK--- Page 7 of 28 Sec. 21-4. – Strictest standards apply. Should two or more of the sources of standards adopted or incorporated pursuant to Sections 21-2 and 21-3 respectively provide, in whole or in part, overlapping standards on any particular regulated item, the most regulatorily stringent standards between the overlapping standards shall govern the regulation of that item. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-5. – Public accessibility of the sources of adopted and incorporated standards There shall be one complete copy of each source of the standards that have been adopted and incorporated into this Article for onsite public accessibility and use and said copies shall be maintained in the office of the Planning & Development Department and made available during that department’s standard office hours. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-6. – Enforcement of standards. Pursuant to the applicable provisions of Article VI of this Chapter, the Pickens County Fire Marshal’s Office (“Fire Marshal’s Office”) operating within Pickens County Fire & Rescue, shall enforce the safety standards incorporated into the Code, this Chapter, and this Article by Sections 21-2 and 21-3. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-7. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Article and/or with any determination, order or similar action taken by the Fire Chief or Fire Marshal’s Office shall be the obligation of any applicable “responsible person(s)”. “Responsible person(s) shall mean any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Article. ---PAGE BREAK--- Page 8 of 28 (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-8. – Violations. Violations of any provision of this Article, including violations of the standards adopted and incorporated by Sections 21-2 and 21-3, shall be fully subject to the applicable provisions of Article VI of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-9 - 21-20. - Reserved. ARTICLE II. – REQUIRED INSPECTIONS Sec. 21-21. – Annual inspections. The Fire Marshal’s Office shall inspect or cause to be inspected once yearly the following structures or buildings within Unincorporated Pickens County: 1. All existing structures and buildings identified in O.C.G.A. § 25-2-13, as last amended. 2. All commercial structures or buildings. 3. All structures or buildings constituting places of public assembly. Sec. 21-22. – 1nspections of construction work The Fire Marshal’s Office, in conjunction with the Planning & Development Department, shall inspect or cause to be inspected at specified intervals all construction work required to have a building permit in any structure or building subject to regulation by this Article and subject to the standards and requirements adopted and incorporated in Sections 21-2 and 21-3 of Article II of this Chapter. Such inspections shall be required in the case of: 1. New construction 2. Any change in occupation, including, but not limited to, changes in tenant occupancy and changes in business occupancy ---PAGE BREAK--- Page 9 of 28 3. Qualifying construction on existing structures Such inspection activities shall be conducted at various interval points during the construction process, including at the fifty percent (50%) point-of-completion and at the eighty percent (80%) point-of-completion. In all cases, a final inspection of the applicable structure shall be conducted. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-23. – Certificate of occupancy. A certificate of occupancy shall be obtained from the Fire Marshal’s Office prior to the occupation of any structure subject to regulation by this Chapter and subject to the standards and requirements adopted and incorporated in Sections 21-2 and 21-3 of Article I of this Chapter. No certificate of occupancy shall be issued until the applicable structure has successfully passed final inspection pursuant to Section 21-22(d) of this Article. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-24. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Article and/or with any determination, order or similar action taken by the Fire Chief or Fire Marshal’s Office shall be the obligation of any applicable “responsible person(s)” “Responsible person(s)” shall mean any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Article. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-25. – Violations. ---PAGE BREAK--- Page 10 of 28 Violations of any provision of this Article, including violations of the standards adopted and incorporated by Sections 21-2 and 21-3, shall be fully subject to the applicable provisions of Article VI of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-26 - 21-40. - Reserved. ARTICLE III. – REGULATION OF SPECIFIED ITEMS Sec. 21-41. – Supplemental regulation of specified items. The standards and requirements concerning the regulation of items adopted in this Article are supplemental to any applicable standards and requirements adopted and incorporated in Sections 21-2 and 21-3 of this Chapter. Should any standard or requirement set forth in this Article conflict in any manner with any standard or requirement adopted and incorporated in such Sections 21-2 and/or 21-3, the standard or requirement set forth in Sections 21-2, 21-3 or 21-4 shall be applicable to the exclusion of any conflicting standard or requirement set forth in this Article. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-42. – Outdoor open burning. Supplemental to Georgia law and regulations. The standards and requirements set forth in this Section are supplemental to Georgia laws and regulations governing outdoor open burning restrictions, and to the extent that any standard or requirement set forth in Georgia laws and regulations is more stringent than the requirements contained in this Section, that more stringent standard or requirement shall apply. Outdoor open burning. For purposes of this Section, the term “outdoor open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. Summer open burning ban. ---PAGE BREAK--- Page 11 of 28 1. The annual Summer Open Burning Ban imposed by the Georgia Environmental Protection Division (EPD) is in place each year during the period commencing on May 1 and ending on September 30 or during any other period specified by the EPD. 2. Such ban shall be enforced by the Fire Marshal’s Office. Permitted outdoor open burning. 1. Unless otherwise prohibited or otherwise limited by this Chapter, Georgia law, or other local law, all outdoor open burning shall be permitted provided that such burning complies with the rules and regulations of the Georgia Department of Natural Resources, including but not limited to Chapter 391- 3-1 ("Rules for Air Quality Control") and must be done pursuant to a permit issued by the Georgia Forestry Commission. Included in the various types of outdoor open burning requiring such a permit is outdoor open burning conducted to remove crop residues for the production or harvesting of crops. 2. No person shall cause or allow outdoor open burning without such a permit except as follows: a. Recreational outdoor open burning, which constitutes outdoor open burning in which only logs or clean wood are being burned where the fuel is contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit that has a total fuel area of three feet (3 ft.) or less in diameter and two feet (2 ft.) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes, and which is not used to dispose of garbage or yard waste. However, bonfires shall require a permit from the Fire Marshal’s Office, with such outdoor open burning constituting an outdoor open burning larger than a recreational fire in which only logs, or clean wood are being burned for ceremonial purposes. b. Outdoor open burning of yard waste which constitutes limited natural vegetation and yard debris including leaves, pine straw, and dry ---PAGE BREAK--- Page 12 of 28 brush/limbs no more than six inches (6 in.) in diameter that have fallen or been cut from growth on one’s own property. c. Fires set for firefighter training personnel when authorized by the Fire Chief. 3. The company/contractor/landowner or their representative in control of the property at the time of the permitted outdoor open burning shall be responsible for the compliance with the requirements of this Subsection. Prohibited outdoor open burning. The following outdoor open burning shall be prohibited: 1. Petroleum-based products, such as tires, plastics, and roof shingles. 2. Garbage of any kind, which constitutes any material that includes but is not limited to plastic products, Styrofoam, fiberglass, recycling wire (burned to access meta), tires, painted/varnished wood, clothing, furniture, mattresses, boxes, papers, household food waste, construction debris, poisonous vines or plants and kudzu vines. 3. Treated lumber. 4. Tires and other rubber products, plastics, heavy oils or asphaltic based or impregnated materials. 5. Sawdust, or other densely packed wood wastes, and paper of any type. 6. Any materials on a Red Flag Day as determined by the Emergency Management Agency. 7. Any materials on the surface of county or private roads and streets. 8. Any materials when the Fire Marshal’s Office determines that atmospheric or local conditions render the applicable fire to be hazardous. 9. Any materials when the Fire Marshal’s Office determines that the applicable fire, atmospheric, or local conditions make outdoor fires hazardous, adversely ---PAGE BREAK--- Page 13 of 28 interferes with the enjoyment of life or use of property, or endangers the public health of others. 10. Any materials when the applicable fire is within twenty-five feet (25 ft.) of a parcel lot line or is within fifty feet (50 ft.) of any structure occupied by people. 11. Any materials when the applicable fire is before one hour after sunrise or one hour before sunset on any day. The Fire Marshal’s Office shall require the extinguishment of any outdoor open burning if it adversely interferes with the enjoyment of life, use of property, or endangers the public health of others. With the exception of the requirements imposed in Subsection of this Section, the Fire Chief, or his or her designee, may grant specific exceptions or variances to any requirement of this Section, upon written petition, if it is deemed necessary to protect the public health, safety, and general welfare. The Fire Chief, or his or her designee, shall have the authority to impose additional safety precautions or restrict outdoor open burning, including the issuance of a complete outdoor open burning ban, if it is determined that outdoor open burning imposes a threat to the public health, safety and general welfare. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-43. – Fireworks. Permit required. A permit issued by the Fire Marshal’s Office shall be required for the discharge of fireworks that are not consumer-grade. Prohibition. No discharge of fireworks subject to the permitting requirements set forth in Subsection of this Section shall be discharged without approval. Compliance with other laws. Any such discharge of explosives subject to the permitting requirements set forth in Subsection of this Section shall comply with all applicable Georgia laws or other local laws. ---PAGE BREAK--- Page 14 of 28 Seizure. The Fire Marshal’s Office shall, at the expense of the owner, seize or caused to be seized any fireworks held, sold or utilized in violation of this Section for removal to a safe location. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-44. – Illegal Power Usage. The Fire Marshal’s Office shall have power disconnected from any structure in the case of illegal power usage in the following situations: 1. Any situation where it is determined that power is being obtained illegally. 2. Any situation where permanent power is being provided through non- permanent devices such as extension cords, power strips, surge protectors or multi-adapter plugs. 3. Any situation where there is a concern that the structure itself is unable to handle electricity from damage, neglect, or unsafe conditions. If the power has been disconnected by the order of the Fire Marshal’s Office, it shall not be reconnected unless permission has been granted thereby. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-45. – Blasting. Permit required. A permit issued by the Fire Marshal’s Office shall be required for the utilization of explosives for the purpose of removing rock, soil, old structures, or any other object. Prohibition. No such utilization of explosives subject to the permitting requirements set forth in Subsection of this Section shall occur without approval. Compliance with other laws. Any such utilization of explosives subject to the permitting requirements set forth in Subsection of this Section shall comply with all applicable Georgia laws or other local laws. (Ord. of 8-18-2025 § 1 (Exh. ---PAGE BREAK--- Page 15 of 28 Sec. 21-46. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Article and/or with any determination, order or similar action taken by the Fire Chief or Fire Marshal’s Office shall be the obligation of any applicable “responsible person(s)”. “Responsible person(s)” shall mean any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Article. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-47. – Violations. Violations of any provision of this Article, including violations of the standards adopted and incorporated by Sections 21-2 and 21-3, shall be fully subject to the applicable provisions of Article VI of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-48 - 21-100. - Reserved. ARTICLE IV. – EMERGENCY ACCESS REQUIRMENTS Sec. 21-101. – Supplemental regulation of emergency access requirements. The standards and requirements concerning the regulation of items adopted in this Article are supplemental to any applicable standards and requirements adopted and incorporated in Sections 21-2 and 21-3 of this Chapter. Should any standard or requirement set forth in this Article conflict in any manner with any standard or requirement adopted and incorporated in such Sections 21-2 and/or 21-3, the standard or requirement set forth in Sections 21-2, 21-3 or 21-4 shall be applicable to the exclusion of any conflicting standard or requirement set forth in this Article. (Ord. of 8-18-2025 § 1 (Exh. ---PAGE BREAK--- Page 16 of 28 Sec. 21-102. - Key lock box for emergency access. Applicable structures. 1. The following structures shall be equipped with a Knox brand key lock box (“Knox Lock Box”) at or near the main entrance or such other location as may be required by the Fire Marshal’s Office: a. Commercial structures. b. Industrial structures. c. Structures utilized by educational institutions. d. Multifamily residential structures. e. Hotel and motel structures. f. Structures utilized as assisted-living facilities. g. Structures utilized as nursing-care facilities. h. Structures utilized as churches. i. Governmental structures. 2. All newly constructed structures subject to this section shall have a Knox Lock Box installed and operational prior to the issuance of a certificate of occupancy. 3. If there is a change to a structure in existence that significantly alters its fire safety systems on the effective date of the ordinance from which this Section is derived and that is subject to this Section such structure shall be required to have a Knox Lock Box installed and operational that complies with the provisions of this Section prior to the issuance of the final approval of the change by the Fire Marshal’s Office. Changes that significantly alter a structure's fire safety systems include, but are not limited to, changing exit locations, modifying fire alarm systems, ---PAGE BREAK--- Page 17 of 28 relocating sprinkler heads and altering structural elements that impact egress routes. Gates. 1. Any gate that is securing an avenue of entry to one or more structures requiring a Knox Lock Box, or securing entry into a residential subdivision or housing development, shall be equipped with a Knox Lock Box. 2. Any gate that is securing entry into a residential subdivision or housing development shall be equipped with a Knox Lock Box. 3. Any gate that is securing entry into a state park or local park shall be equipped with a Knox Lock Box. Other establishments and locations. Should the Fire Marshal’s Office deem that any other establishment or location requires a Knox Lock Box, that establishment or location shall be equipped with a Knox Lock Box. Contents of Knox Lock Boxes. 1. The owner or operator of a structure required to have a Knox Lock Box shall at all times keep a key in the Knox Lock Box that will allow for access to the structure. 2. The Knox Lock Box shall contain all keys, fobs, reader cards, etc. for all locked areas of the structure or building as required by the Fire Marshal’s Office. a. "Keys" shall include but not be limited to, all areas of the structure or building, automatic fire alarm systems, pull station resetting tools, all elevators and elevator machine rooms, sprinkler systems riser rooms, and gated areas with keypad access, including the front gate and any interior gate/areas, including pools and common areas. b. Knox Lock Boxes shall include either a master key to access all individual multifamily units or individual keys to each such unit. ---PAGE BREAK--- Page 18 of 28 Installation Requirements. 1. The Knox Lock Box shall be mounted on the right side of the structure’s and/ or gate’s door. 2. There should be forty-eight (48) to seventy-two (72) inches of vertical space from the ground to the top of the Knox Lock Box. 3. The Knox Lock Box should be secured to a structural component of the structure or gate. 4. The Knox Lock Box must be fastened to the structure or gate using a grade-8 bolt. Monitoring. The Knox Lock Box should be checked at least once a month to ensure that it is operable. Changes to a Knox Lock Box. The owner or operator shall notify the Fire Marshal’s Office immediately of changes of locks and/or keys, fobs, reader cards, etc., for access to the structure or building to allow for the placement of new keys in the Knox Lock Box system. Inspections. Any Knox Lock Box shall be subject to inspection by the Fire Marshal’s Office. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-103. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Article and/or with any determination, order or similar action taken by the Fire Chief or Fire Marshal’s Office shall be the obligation of any applicable “responsible person(s)”. “Responsible person(s)” shall mean any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Article. ---PAGE BREAK--- Page 19 of 28 (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-104. – Violations. Violations of any provision of this Article, including violations of the standards adopted and incorporated by Sections 21-2 and 21-3, shall be fully subject to the applicable provisions of Article VI of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-105 - 21-130. - Reserved. ARTICLE V. – REGULATORY FEES Sec. 21-131 – Fees. Fees associated with actions required to administer this Chapter shall be established and modified from time to time by the Board of Commissioners. A schedule of such fees shall be available at the Fire Marshals Office and at the Planning & Development Department. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-132 - 21-140. - Reserved. ARTICLE VI. – ADMINISTRATION AND ENFORCEMENT Sec. 21-141. - General administration and enforcement. The administration of this Chapter shall be conducted in strict accordance with the applicable provisions of Title 25, “Fire Protection and Safety” of the Official Code of Georgia Annotated, including, but not limited to, the provisions of Chapter 2, “Regulation of, Etc., of Fire and Other Hazards to Person and Property Generally” and of Chapter 3, “Local Fire Departments Generally” thereof. Subject to standards and limitations referenced in Subsections and of this Section, the administration of this Chapter and the enforcement of its provisions ---PAGE BREAK--- Page 20 of 28 regarding violations of its provisions shall also be conducted in strict and complete accordance with Chapter 1 of this Code. Such administration and enforcement shall be conducted pursuant to the standards provided by and within the limitations imposed by O.C.G.A. § 36-1- 20. Such administration and enforcement shall also be conducted pursuant to the standards provided by and within the limitations imposed by any other applicable Georgia law or federal law. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-142. - Responsibilities for administration and enforcement. Chapter 21 shall be administered and enforced within the span-of-control of the Board of Commissioners. Operating within such span-of-control of the Board of Commissioners, and under the direction of the Chairperson thereof (“Chairperson”), the Pickens County Government shall administer this Chapter and enforce its provisions. The Chairperson shall institute, oversee, and direct the day-to-day execution of all administration and enforcement actions by the Pickens County Government concerning this Chapter. Within the Pickens County Government, the administration of this Chapter and the enforcement of its provisions shall be the designated and authorized operational responsibility of Pickens County Fire & Rescue, as led by the Fire Chief, which includes the Pickens County Fire Marshal’s Office (“Fire Marshal’s Office”), as led by the Fire Marshal. 1. Fire & Rescue and the position of the Fire Chief shall be responsible to the Chairperson or to the Chairperson’s designee. 2. The Fire Marshal’s Office and the position of Fire Marshal shall be responsible to the Fire Chief. ---PAGE BREAK--- Page 21 of 28 Operating within Pickens County Fire & Rescue, the day-to-day administration of this Chapter and the enforcement of its provisions shall be the responsibility of the Fire Marshal’s Office, which shall be assisted by other authorized Fire & Rescue personnel. When circumstances warrant, the Fire Marshal’s Office shall work with other departments of the Pickens County Government, including, but not limited to, the Pickens County Marshal’s Office (“Marshal’s Office”), the Planning & Development Department, the Public Works Department, and the Water Department. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-143. - Violations. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Chapter or 2. The failure to perform an act that is required to be performed by any provision of this Chapter. Person committing a violation. The term “person committing a violation” means a person committing a violation of this Chapter. Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Enforcement actions against violations. A violation of any provision of this Chapter may result in any or all of the following enforcement actions, which may be taken due to the violation against the person committing the violation: 1. Administrative actions as set forth in Section 21-144. 2. Penalties as set forth in Section 21-145. ---PAGE BREAK--- Page 22 of 28 3. Other actions as set forth in Section 21-146. 4. The requirement of bearing costs of noncompliance as set forth in Section 21-147. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-144. - Administrative actions. Upon written notice from the Fire Marshal’s Office provided to any “responsible person” conducting any action that is deemed to be a violation of this Chapter, a stop-work order may be imposed which shall cause the immediate cessation of all activities being conducted by the person in the applicable situation. 1. A “responsible person” is any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. 2. Such written notice shall state the conditions pursuant to which the stop-work order may be removed. 3. A stop-work order shall not preclude the performance of activities directed by the Fire Marshal’s Office for the purpose of removing a violation or unsafe condition. Any applicable permits or approvals may be revoked when it is determined that actions deemed to constitute violations were conducted during the application process for the purpose of obtaining such permit or approval, including but not limited to, the making of false statements or the making of misrepresentations on written documents. Any applicable permits or approvals may be revoked when it is determined that actions deemed to constitute violations have been or are being conducted after the permit or approval has been obtained for the purpose of falsely alleging compliance with such permit’s or approval’s requirements, including but not ---PAGE BREAK--- Page 23 of 28 limited to, the making of false statements or the making of misrepresentations on written documents. The imposition of a stop-work order or revocation shall in no manner bar, otherwise preclude or limit the imposition of penalties pursuant to Section 21-145 due to any violation. The imposition of a stop-work order or revocation shall in no manner bar, otherwise preclude or limit the taking of any action pursuant to Section 21-146 due to any violation. The imposition of a stop-work order or revocation pursuant to this Section shall in no manner bar, otherwise preclude or limit the revocation or the suspension of any license, permit, certificate or franchise issued by the Pickens County Government. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-145. – Penalties for violations. Penalties for a violation. 1. A violation of any of the provisions of this Chapter shall be punishable pursuant to Chapter 1 of the Code and pursuant to this Section by a fine not exceeding $1,000.00 or sixty (60) days imprisonment, or both, except as otherwise prohibited by or as otherwise provided for by Georgia law. 2. Subsection (a)1 of this Section shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. Continuing violations. 1. Each day that any violation of any provision of this Chapter continues in sequence or occurs on separate nonsequential days shall constitute a separate violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. ---PAGE BREAK--- Page 24 of 28 2. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be established on the basis of one or more applicable and sufficiently viable: a. Documents b. Written or transcribed complaints c. Written or transcribed witness statements d. Recorded images e. Voice recordings Violations by officers, agents and other associated individuals. 1. Any violation of this Chapter by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. 2. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to penalties as well as the corporation or unincorporated association, or organization for the violation by it of any provision of this Chapter, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. Separate offenses for multiple persons involved in a violation. ---PAGE BREAK--- Page 25 of 28 1. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Chapter may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation. 2. However, not more than one person may be subjected to penalties for any single violation. No bar to stop-work order, revocation or suspension. 1. Any imposition of a fine and/or imprisonment pursuant to this Subsection shall in no manner bar, otherwise preclude or limit the imposition of any stop- work order or revocation imposed pursuant to Section 21-144. 2. Any imposition of a fine and/or imprisonment pursuant to this Subsection shall in no manner bar, otherwise preclude or limit the taking of any action pursuant to Section 21-146. 3. Any imposition of a fine and/or imprisonment pursuant to this Section shall in no manner bar, otherwise preclude or limit the revocation or the suspension of any license, permit, certificate or franchise issued by the Pickens County Government. Future amendments. The penalties provided by this Section shall apply to the future amendment of any section of this Chapter, whether or not such is reenacted in the amendatory ordinance. Conflict with federal or Georgia law. If it is deemed by an applicable court of competent jurisdiction that a penalty imposed under this Chapter conflicts with federal or Georgia law, the prevailing penalty shall be limited to the maximum permitted by law. Prosecution of violations. 1. The prosecution for violations of this Chapter shall be made upon: a. Citation by the Fire Marshal, personnel of the Fire Marshal’s Office, or other authorized personnel of Fire & Rescue. ---PAGE BREAK--- Page 26 of 28 b. Citation by the Marshal’s Office, when issued at the request of the Fire Marshal’s Office. c. Accusation by the county attorney or another attorney designated by the Board of Commissioners. 2. The prosecution for violations of this Chapter shall be conducted by the prosecuting attorney in cases tried upon accusation. 3. The Chairperson, within his or her discretion, may provide that ordinance violations may be tried upon citation without a prosecuting attorney in any particular situation. Jurisdiction and venue. Unless otherwise provided by Georgia law, the Pickens County Magistrate Court shall, in addition to any other court as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-146. – Other available actions. Upon any violation of this Chapter, in addition to other remedies, the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. (Ord. of 8-18-2025 § 1 (Exh. A) Sec. 21-147. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Chapter and/or with any determination, order or similar action taken by the Board of Commissioners, Chairperson, Fire Chief, Fire Marshal’s Office and/or Marshal’s Office shall be the obligation of any applicable “responsible person(s)”. “Responsible person(s)” shall mean any person, as defined by Section 21-143(c) of this Chapter, that constitutes an applicable owner, agent of an owner or other ---PAGE BREAK--- Page 27 of 28 person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 21-148 - 21-170. - Reserved. ARTICLE VII. – LEGAL STATUS PROVISIONS Sec. 21-171. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-172. – Conflict with federal and/or state law. If any part of this Chapter is found to be in conflict with federal law and/or Georgia law, the higher or highest standard shall prevail. (Ord. of 8-18-2025 § 1 (Exh. Sec. 21-173. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 8-18-2025 § 1 (Exh. ---PAGE BREAK--- Page 28 of 28 Sec. 38-174. – Liability. Compliance with the provisions of this Chapter shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 8-18-2025 § 1 (Exh.