Current Status Introducing Body:House Bill Number:3531 Ratification Number:252 Primary Sponsor:Littlejohn Type of Legislation:GB Subject:Smoke detectors Date Bill Passed both Bodies:19930602 Computer Document Number:JMG/1011JM.93 Governor's Action:V Date of Governor's Action:19930616 Introduced Date:19930218 Date of Last Amendment:19930602 Last History Body:House Last History Date:19930625 Last History Type:Veto sustained Action on Governor's Veto:S Scope of Legislation:Statewide All Sponsors:Littlejohn G. Bailey Walker Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3531 House 19930625 Veto sustained
3531 ------ 19930616 Vetoed by Governor
3531 ------ 19930610 Ratified R 252
3531 House 19930602 Concurred in Senate
amendment, enrolled for
ratification
3531 Senate 19930602 Amended, read third time,
returned to House with
amendments
3531 Senate 19930601 Amended, read second time,
ordered to third reading with
notice of general amendments
3531 Senate 19930527 Committee Report: Favorable 12
with amendment
3531 Senate 19930525 Introduced, read first time, 12
referred to Committee
3531 House 19930520 Read third time, sent to
Senate
3531 House 19930519 Amended, read second time
3531 House 19930513 Debate adjourned until
Tuesday, 19930518
3531 House 19930505 Committee Report: Favorable 26
with amendment
3531 House 19930218 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
(Rxxx, H3531)
AN ACT TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Smoke detector provisions enacted
SECTION 1. Chapter 25, Title 5 of the 1976 Code is amended by adding:
Section 5-25-1310. (A) One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition.
(B) A newly constructed dwelling or a dwelling remodeled in excess of fifty percent of its assessed value after December 31, 1993, must be equipped with electrically powered smoke detectors. Electrical power to the smoke detectors must be a dependable, commercial electrical source. Detectors must be installed according to manufacturer's instructions.
Section 5-25-1320. A battery-operated detector meeting the requirements of NFPA 74, 1989 Edition, is permitted in an existing dwelling that has not undergone remodeling exceeding fifty percent of its assessed value. Detectors must be installed according to manufacturer's instructions.
Section 5-25-1330. (A) The owner of a dwelling or the owner's authorized agent is responsible for supplying and installing the smoke detectors and in rented dwellings shall provide the tenant at the time the tenant takes possession of the dwelling written or verbal instructions, or both, for testing the detectors and replacing batteries in battery-powered detectors.
(B) The tenant of a rented dwelling shall notify the owner or the owner's authorized agent in writing of any deficiencies in the performance of the smoke detectors. The owner or the owner's agent shall be considered notified upon delivery of the written notice at the place of business of the owner or the owner's agent through which the rental agreement was made or at any place held out by him as the place of receipt for the payment of rent or other communications.
(C) Upon written notification by the tenant that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days. No obligation is created hereby for the owner to replace or repair a detector that he determines upon visual inspection or testing has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized to reside in the residence by the tenant and notifies the tenant in writing of such findings. The owner may repair or replace a detector that he determines has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized by the tenant to reside in the residence, and may assess against the tenant the actual cost of the repair or replacement of the detector.
(D) No obligation is created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320.
Section 5-25-1340. No person may convey a title to real estate which includes a dwelling or transfer possession of a building unless smoke detectors have been installed and are functioning in accordance with this article. The purchaser may inspect the detectors any time prior to closing to verify that they have been properly installed and are functioning in accordance with this article. The seller shall provide to the purchaser at closing an affidavit stating that the smoke detectors have been installed and are functioning in accordance with this article. Compliance with this section shall relieve the seller of any further liability after closing with respect to the performance of the smoke detectors. Violation of the provisions of this section shall not affect the validity of the conveyance.
Section 5-25-1350. (A) The owner, owner's agent, tenant, seller, or purchaser of a dwelling is not liable for damage, injury, or death resulting from the mechanical failure of a smoke detector required by this article unless the failure is caused by improper installation or maintenance by one or more of these persons.
(B) If a smoke detector malfunctions and the malfunctioning is caused by the tenant's intentional or negligent act, including a failure to periodically test the detector and replace defective batteries, or by the manufacturer's negligent production of the detector, and the owner, owner's agent, tenant, seller, or purchaser had no knowledge of the defective condition and exercised reasonable care in the acquisition, installation, and maintenance of the detector, these persons are not liable for damages resulting from the malfunctioning.
Section 5-25-1370. Upon entry into a dwelling on official business by invitation of the owner or occupant or in response to an emergency, the State Fire Marshal or a local fire official, or both, shall enforce this article.
Section 5-25-1380. A person who violates this article on first offense shall be given fifteen days to install a smoke detector or to repair or replace the detector. On second offense, a person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
Section 5-25-1390. Failure to comply with the provisions of this article shall not subject the owner, owner's agent, tenant, seller, or purchaser to any additional civil liability beyond that otherwise provided by statute or common law."
Time effective
SECTION 2. This act takes effect September 30, 1993.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1993.
_______________________________________
Governor
Printer's Date -- June 8, 1993 -- S.