South Carolina General Assembly
106th Session, 1985-1986

Bill 2209


                    Current Status

Bill Number:               2209
Ratification Number:       366
Act Number:                347
Introducing Body:          House
Subject:                   Relating to fire protection
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A347, R366, H2209)

AN ACT TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS, TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING AND TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL OF THE BUDGET AND CONTROL BOARD INSTEAD OF THE STATE BOARD FOR TECHNICAL COMPREHENSIVE EDUCATION HAS THE SOLE RESPONSIBILITY FOR THE OPERATION OF THE SOUTH CAROLINA FIRE ACADEMY; TO CHANGE THE COMPOSITION OF THE FIRE ACADEMY COMMITTEE; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE ANY STATE OR LOCAL GOVERNMENT EMPLOYEE CERTIFIED BY THE STATE FIRE MARSHAL WHOSE DUTIES INCLUDE INSPECTION AND ENFORCEMENT OF STATE OR LOCAL FIRE SAFETY CODES AND STANDARDS, TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL, AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS, AND TO AMEND SECTION 6-9-110, AS AMENDED, RELATING TO THE PROHIBITION OF A LOCAL ORDINANCE OR REGULATION PRESCRIBING BUILDING STANDARDS OR REQUIRING A PERMIT TO APPLY TO STATE PROJECTS, SO AS TO DELETE THE PROHIBITIONS REGARDING THE APPLICABILITY OF LOCAL ORDINANCES WHICH PRESCRIBE BUILDING STANDARDS AND WHICH PROHIBIT LOCAL BUILDING OFFICIALS FROM MAKING INSPECTIONS ON STATE-OWNED BUILDINGS.

Be it enacted by the General Assembly of the State of South Carolina:

Authority to promulgate regulations

SECTION 1. Item (G) of Section 3 of Act 190 of 1979 is amended to read:

"(G) To promulgate, as the single source of authority in this State, pursuant to provisions of Act 176 of 1977, fire prevention and protection regulations based upon nationally recognized standards for the protection of life and property of the residents of the State from fire. The State Fire Commission may not promulgate a building code as part of the regulations. No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State or any provision of any nationally recognized building or fire prevention code duly adopted by ordinance of a municipality. In the event of such a conflict, the statute or other provision shall apply in all respects. The regulations promulgated by the State Fire Commission must first be approved by the Budget and Control Board prior to being submitted to the General Assembly."

Further

SECTION 2. Item (I) of Section 3 of Act 190 of 1979 is amended to read:

"(I) To promulgate regulations in accordance with the provisions of Section 23-35-140 of the 1976 Code. No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State. In the event of such conflict, the statute shall apply in all respects. The regulations promulgated by the State Fire Commission must first be approved by the Budget and Control Board prior to being submitted to the General Assembly.

The Fire Commission may not promulgate regulations concerning the sale and storage of pyrotechnics which must be promulgated by the State Board of Pyrotechnic Safety.

The Fire Commission shall not promulgate regulations concerning the Uniform Standard for Manufactured Housing as set forth in Chapter 17 of Title 31 of the 1976 Code or regulations pertaining to the forest fire control authority of the State Forestry Commission as set forth in Chapters 23 and 33 of Title 48 of the 1976 Code or regulations of the South Carolina Building Code Council as prescribed in Chapter 43 of Title 23."

Ex officio resident fire marshal

SECTION 3. Section 23-9-30 of the 1976 Code is amended to read:

"Section 23-9-30. (a) The chief of any organized fire department or county fire marshal is ex officio resident fire marshal; however, this chapter does not repeal, amend, or otherwise affect Chapter 25 of Title 5 nor Chapter 57 of Title 38.

(b) All powers and duties vested in the State Fire Marshal may be exercised or discharged by any deputy state fire marshal, county fire marshal, or resident fire marshal within the area of his service, or any state or local governmental employee certified by the State Fire Marshal whose duties include inspection and enforcement of state or local fire safety codes and standards, acting under the authority of the State Fire Marshal."

State fire marshal to require conformance

SECTION 4. Section 23-9-60 of the 1976 Code, as last amended by Act 190 of 1979, is further amended to read:

"Section 23-9-60. The State Fire Marshal shall require conformance with the fire prevention and protection standards based upon nationally recognized standards as may be prescribed by regulations promulgated by authority of items (G) and (I) of Section 3 of Act 190 of 1979 for the prevention of fires and the protection of life and property."

Division to have sole responsibility for operating academy

SECTION 5. Section 10 of Act 190 of 1979 is amended to read:

"Section 10. The Division of State Fire Marshal of the Budget and Control Board shall have sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's fire service personnel; paid, volunteer, and industrial. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy shall remain assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the State Fire Marshal of the Budget and Control Board.

There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee shall include:

(A) The chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The chairman of the Fire School Committee shall also serve as the chairman of the South Carolina Fire Academy Advisory Committee.

(B) One member from the South Carolina Fire Chief's Association appointed by the president.

(C) One member from the South Carolina Fire Inspectors Association appointed by the president.

(D) One member from the South Carolina Society of Fire Service Instructors Association appointed by the president.

(E) One member from the Professional Firefighters Association appointed by the president.

(F) One member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president.

(G) The director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only.

(H) One industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers.

(I) The executive director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges.

(J) The State Fire Marshal as ex officio without voting privileges.

(K) One member from higher education having experience and training in curriculum development appointed by the State Fire Commission.

(L) One member from the State Fire Commission appointed by the chairman."

Local ordinance

SECTION 6. Section 6-9-110 of the 1976 Code, as last amended by Act 481 of 1984, is further amended to read:

"Section 6-9-110. In no event may any county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard be construed to apply to any state department, institution, or agency permanent improvement project, construction project, renovation project, or property."

Board is directed to transfer

SECTION 7. Upon the effective date of this act, the Budget and Control Board is directed to transfer from the State Board for Technical and Comprehensive Education to the Division of State Fire Marshal such funds and positions authorized and appropriated in the 1986-87 General Appropriations Act for the operation of the South Carolina Fire Academy and any other equipment, materials, or other assets as may be appropriate. The Budget and Control Board shall also transfer the merit increment allocations for the transferred Fire Academy personnel.

All records, property, and positions related to the operation of the South Carolina Fire Academy must be transferred from the State Board for Technical and Comprehensive Education to the State Fire Marshal on the effective date of this section.

In order to provide for an orderly transition, the organizations named in this section shall coordinate the transfer of personnel, resources, and functions in a manner to effect the formal transfer of administrative duties for the operation of the South Carolina Fire Academy as soon as practical from the date this act is approved by the Governor.

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.