Atlanta is one of the fastest-growing cities in the US. According to the Atlanta Regional Commission over 52,000 people moved to Atlanta from April 2023 to April 2024 — adding to an existing population of nearly 6.2 million people.
With more residents arriving every day, Atlanta’s new residents need a place to live. While Metropolitan Atlanta is currently home to over 500,000 apartments, developers are rapidly building additional developments to accommodate incoming new residents.
One essential aspect of building design occasionally ignored during development is fire safety – especially during rapid development. An apartment fire can spread quickly leaving hundreds of people injured and causing millions of dollars in damage if not stopped immediately.
To help protect apartment dwellers and prevent devastation, the state of Georgia has specific fire codes and standards for apartments. Understanding these fire codes is key in determining liability for apartment fires — whether towards the building-owner, residents, or someone else entirely.
Georgia’s Minimum Fire Safety Standards for Apartment Complexes
The Georgia state fire code for apartments includes several key requirements for new construction, such as use of:
Smoke Detectors
- Smoke detectors must be installed in all apartments. They should be mounted on the ceiling or wall of each level, including basements. In split-level units, detectors are required on each level if there’s a door between levels.
- Smoke detectors must be interconnected to provide audible alarms in sleeping areas. They should meet NFPA 72 installation requirements and have a 1.5-hour emergency power supply source.
- In apartment buildings, smoke detectors must be installed in interior corridors, halls, and basements, spaced no more than 30 feet apart or 15 feet from any wall.
Fire Sprinkler Systems
- Sprinkler systems may be required if considered necessary by the Commissioner for proper fire safety in buildings with seven or more beds for non-family adults.
- All detection systems permitted after April 1, 1992, must be powered by the building’s electrical system and have a 1.5-hour emergency power supply.
Fire Extinguishers
- Fire extinguishers must be provided and maintained according to classification (A, B, or C) for different types of fires.
- Employers must provide training on how to use portable fire extinguishers.
Local fire marshals enforce these regulations. They also conduct inspections, review plans for proposed buildings, and issue certificates of occupancy.
Safety Fire Engineering Rules and Regulations
Georgia’s Safety Fire Engineering Rules and Regulations offer more comprehensive guidelines for establishing minimum fire safety standards and protecting lives and property from fire-related hazards.
The Safety Fire Commissioner publishes these regulations, each of which apply to various buildings and structures in the state.
- Scope: The regulations apply to all buildings, structures, and facilities except for one- and two-family dwellings and certain townhouses.
- Building Classifications: Special hazard buildings are categorized based on height, occupancy, and use, among other factors. For example:
- Buildings more than three stories high
- Residential buildings with three or more families
- Buildings with more than 15 sleeping accommodations for hire
- Fire Safety Standards: The regulations adopt and modify various codes, including:
- International Fire Code (IFC)
- National Fire Codes (NFC) published by the National Fire Protection Association (NFPA)
- Specific Requirements:
- Smoke detectors in certain buildings
- Fire extinguisher placement and training
- Sprinkler systems in designated structures
- Proper exits, firewalls, and electrical installations
- Compliance and Enforcement:
- Fire departments must obtain a Certificate of Compliance from the Georgia Firefighters Standards and Training Council.
- The State Fire Marshal’s Office conducts inspections, reviews plans, and enforces local ordinances.
- Plan Approval: Plans for proposed buildings under certain classifications must be submitted and approved before construction can begin.
These regulations ensure consistent fire safety standards across Georgia, protecting property and lives from fire-related hazards.
Who Can Be Liable For An Apartment Fire in Georgia?
In Georgia, liability for an apartment fire can fall on several parties, depending on the specific circumstances of the incident. The main responsible parties typically include:
Landlords and Property Owners
Landlords and property owners bear significant responsibility for fire safety in their buildings.
They have a legal duty to ensure the safety of their tenants by:
- Installing proper smoke alarms and fire protective equipment
- Maintaining fire safety measures and equipment
- Conducting regular inspections
- Promptly repairing hazardous conditions
If a landlord or property owner fails to uphold these responsibilities, they may be liable for damages that result from a fire under Georgia’s premises liability laws.
Tenants
Tenants can also be held responsible if their actions or negligence cause a fire. If a tenant’s behavior leads to a fire, they may be liable for damages to their personal property, other tenants’ belongings, and the building itself.
Other Potentially Liable Parties
Depending on the cause of the fire, other parties that could be held responsible include:
- Construction workers and contractors
- Equipment manufacturers and designers
- Electric Companies
To establish liability in a fire-related premises liability case, you must show that:
- The responsible party had a duty of care towards the injured party
- That duty was breached
- The breach directly caused the injuries and damages sustained
Additionally, the factors that can indicate negligence include:
- Failure to install or maintain functional smoke detectors and fire alarms
- Inadequate fire exits or blocked escape routes
- Lack of proper fire extinguishing equipment
- Awareness of potential fire hazards without addressing them
Statute of Limitations on Apartment Fire Claims
The statute of limitations for filing a premises liability claim in Georgia is generally two years from the date of the injury. However, the statute may be extended or shortened depending on circumstances.
If you’ve been affected by an apartment fire, consulting with our legal team can help you navigate the complexities of determining liability and seeking appropriate compensation.
Georgia Fire Code FAQs
Are Fire Extinguishers Required In Apartments?
Fire extinguishers are required in newly constructed apartments in Georgia. Specific requirements vary depending on city, county and life safety codes.
While not explicitly stated for all apartments, certain types of residential buildings have more specific requirements. These include:
- Hotels, motels, dormitories, and apartment buildings three or more stories in height should have fire extinguishers on every floor.
- For asphalt kettles used in construction or maintenance, at least one portable fire extinguisher with a minimum 2-A:40-B: C rating must be available within 25 feet.
While landlords are required to provide fire extinguishers, they may not be legally obligated to provide smoke detectors in apartments unless specified in the lease agreement. Although they are not required, it is good business practice to have them in apartments and office buildings.
How Many Fire Alarms Are Required In An Apartment Complex?
The number of fire alarms required in a newly constructed apartment depends on the size and layout. Generally, multiple smoke alarms are necessary for adequate protection:
- At least one smoke alarm should be installed on every level, including the basement.
- Smoke alarms are required inside each bedroom.
- Smoke alarms should also be placed outside each sleeping area or bedroom. For example, a two-story apartment with three bedrooms would need at least seven smoke alarms:
- One on each level (2)
- One inside each bedroom (3)
- One outside each sleeping area (2)
It’s important to note that these are minimum requirements, and additional alarms can provide extra protection. For newly constructed or renovated apartments, smoke alarms are typically required to be:
- Hardwired with a battery backup
- Interconnected (so when one alarm sounds, they all sound)
- UL-listed
The requirements may be more flexible in existing apartments, but upgrading is recommended to meet current standards for optimal safety.
How Common Are Apartment Fires?
Apartment fires are dangerously common; according to the U.S. Fire Administration, there were an estimated 374,300 residential building fires in 2022 alone. In turn, fires are a significant concern in Atlanta, with several recent incidents highlighting their frequency and impact. Some notable recent fires include:
- Bell Collier Village Fire (July 2024): An unsanctioned rooftop party involving over 100 people led to a massive fire. The improper use of a propane grill filled with charcoal, violated building safety protocols and was identified as the cause. The fire displaced hundreds of residents and caused significant property damage.
- College Park Apartment Fire (December 2024): A two-alarm fire at the Langston Apartments displaced approximately 20 families and damaged at least 24 units. Firefighters from College Park and South Fulton battled the blaze for hours. No injuries were reported, but some individuals were treated for minor smoke inhalation.
