Current Status Bill Number:View additional legislative information at the LPITS web site.892 Ratification Number:474 Act Number:430 Introducing Body:Senate Subject:Relating to the regulation of the planning, installation, and maintenance of fire protection sprinkler systems
(A430, R474, S892)
AN ACT TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF THE PLANNING, INSTALLATION, AND MAINTENANCE OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO DELETE A PROVISION ESTABLISHING A MISDEMEANOR OFFENSE AND AUTHORIZING PUNISHMENT THEREFOR, DELETE A REFERENCE TO "STATE FIRE MARSHAL'S CERTIFICATE" AND REPLACE IT WITH A REFERENCE TO "LICENSE", DELETE FURTHER LANGUAGE, ADD LANGUAGE PROVIDING THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT A FULL-TIME OWNER, PARTNER, OFFICER, OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, UNDER CERTAIN CONDITIONS, AND ADD LANGUAGE PROVIDING THAT THE PROVISIONS OF ACT 188 OF 1985 DO NOT APPLY TO LICENSED MECHANICAL CONTRACTORS PERFORMING EMERGENCY REPAIR WORK ON EXISTING FIRE PROTECTION SPRINKLER SYSTEMS OR EXISTING WATER SPRAY SYSTEMS OR EXISTING WATER FOAM SYSTEMS WHERE THE LABOR COST OF THE WORK DOES NOT EXCEED ONE THOUSAND DOLLARS OR TO PERSONS ENGAGED IN THE PLANNING, INSTALLATION, REPAIR, ALTERATION, ADDITION, MAINTENANCE, OR INSPECTION OF A FIRE PROTECTION SPRINKLER SYSTEM OR WATER SPRAY SYSTEM OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER; AND TO PROVIDE THAT EVERY DWELLING UNIT WITHIN AN APARTMENT HOUSE HAVING NO FIRE PROTECTION SYSTEM MUST BE PROVIDED WITH AN APPROVED LISTED SMOKE DETECTOR INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATION AND LISTING, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE MOUNTING OF THE SMOKE DETECTOR, LIABILITY FOR DAMAGE, PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA FIRE COMMISSION, AND THE EFFECTIVE DATE OF APPLICABILITY.
Be it enacted by the General Assembly of the State of South Carolina:
Penalty
SECTION 1. Section 15 of Act 188 of 1985 is amended to read:
"Section 15. Whenever the State Fire Marshal has reason to believe that any person is or has been violating any provision of this act he or his deputy or assistant may issue and deliver to the person an order to cease and desist such violation. The State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any provision of this act or failure to comply with a cease and desist order is cause for revocation of the license. Decisions may be appealed as provided for in Section 23-9-70 of the 1976 Code."
Requirement waived
SECTION 2. Act 188 of 1985 is amended by adding:
"Section 15A. The requirement that an applicant have a NICET Level III certificate holder who is at present a full-time owner, partner, officer, or in a management position is waived until January 31, 1987, if the application is accompanied by a sworn affidavit that at least one person that is now a full-time owner, partner, officer, or in a management position with the applicant is currently in the process of taking the test required to obtain NICET Level III certification."
Applicability of provisions
SECTION 3. Act 188 of 1985 is amended by adding a new Section 13A to read:
"Section 13A. The provisions of this act do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer."
Dwellings must be provided with approved smoke
detector
SECTION 4. Every dwelling unit within an apartment house having no fire protection system must be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where such dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In such dwelling units with split levels, a smoke detector need be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas. Detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 74 and National Fire Protection Association Standard 74A.
If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act.
If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act.
The South Carolina Fire Commission shall promulgate regulations to carry out the provisions of this section.
Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor.
Time effective
SECTION 5. This act shall take effect upon approval by the Governor.