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A37, R65, S693
Sponsors: Senators Bryant and Bright
Document Path: l:\s-res\klb\008fire.kmm.klb.docx
Introduced in the Senate on March 15, 2011
Introduced in the House on April 28, 2011
Last Amended on May 18, 2011
Passed by the General Assembly on May 26, 2011
Governor's Action: June 7, 2011, Signed
Summary: Orders and appeals from a state fire marshal
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2011 Senate Introduced and read first time 3/15/2011 Senate Referred to Committee on Labor, Commerce and Industry 3/30/2011 Senate Committee report: Favorable with amendment Labor, Commerce and Industry (Senate Journal-page 30) 3/31/2011 Scrivener's error corrected 4/27/2011 Senate Committee Amendment Amended and Adopted (Senate Journal-page 14) 4/27/2011 Senate Read second time (Senate Journal-page 14) 4/27/2011 Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 14) 4/28/2011 Senate Read third time and sent to House (Senate Journal-page 15) 4/28/2011 House Introduced and read first time (House Journal-page 7) 4/28/2011 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 7) 4/28/2011 Scrivener's error corrected 5/12/2011 House Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 4) 5/16/2011 Scrivener's error corrected 5/18/2011 House Requests for debate-Rep(s). Ott, Sellers, Cobb-Hunter, King, Brantley, Sandifer, Jefferson, Williams, JR Smith, Mack and Hosey (House Journal-page 14) 5/18/2011 House Amended (House Journal-page 90) 5/18/2011 House Read second time (House Journal-page 90) 5/18/2011 House Roll call Yeas-107 Nays-0 (House Journal-page 90) 5/19/2011 House Read third time and returned to Senate with amendments (House Journal-page 38) 5/26/2011 Senate Concurred in House amendment and enrolled (Senate Journal-page 82) 5/26/2011 Senate Roll call Ayes-30 Nays-0 (Senate Journal-page 82) 6/1/2011 Ratified R 65 6/7/2011 Signed By Governor 6/14/2011 Effective date 06/07/11 6/20/2011 Act No. 37
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VERSIONS OF THIS BILL
(A37, R65, S693)
AN ACT TO AMEND SECTION 23-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER AND APPEALS FROM THE STATE FIRE MARSHAL, SO AS TO INCREASE THE AMOUNT OF TIME THAT AN OCCUPANT OR OWNER MAY APPEAL THE DECISION OF A DEPUTY OR RESIDENT FIRE MARSHAL FROM TWENTY-FOUR HOURS TO THIRTY DAYS, AND TO PROVIDE THAT THE STATE FIRE MARSHAL'S DECISION MUST BE FILED WITHIN TEN DAYS OF RECEIVING THE NOTICE OF APPEAL; TO PROVIDE THAT THE APPEAL PERIOD SHALL NOT BE ALLOWED IF THE BUILDING OR ANY OTHER STRUCTURE IS DEEMED TO BE AN IMMINENT DANGER, AND TO INCREASE THE AMOUNT OF TIME A PERSON MAY APPEAL AN ORDER OF THE STATE FIRE MARSHAL TO AN ADMINISTRATIVE LAW JUDGE FROM FIVE TO THIRTY DAYS.
Be it enacted by the General Assembly of the State of South Carolina:
Appeal of an order of the State Fire Marshal
SECTION 1. Section 23-9-70 of the 1976 Code is amended to read:
"Section 23-9-70. Whenever the State Fire Marshal, deputy or resident fire marshal shall find, pursuant to examination as provided in Section 23-9-50 of this chapter, any building or other structure which, for any cause, is especially liable to fire and which is so situated as to endanger lives or other property, or is deficient in fire or life protection, an order shall be issued in writing directing the defect to be removed or remedied, service of such order shall be made as provided in this chapter and such occupant or owner shall forthwith comply with the terms thereof. If such order is issued by any deputy or resident fire marshal, such occupant or owner may, within thirty days, appeal to the State Fire Marshal, who shall, within ten days of receiving notice of the appeal, during which time the order appealed from shall be stayed, review the order and file his decision. The appeal period shall not be allowed if the building or any other structure is deemed to be an imminent danger pursuant to Section 23-9-160. A person who feels himself aggrieved by any order or affirmed order of the State Fire Marshal may, within thirty days after the making or affirming of such order, appeal to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for review of such order and it shall be heard at the first convenient day. In the event a final order entered pursuant to this chapter is not complied with within a period of thirty days from date of service of such final order then the State Fire Marshal shall cause the hazard to be remedied by repair or demolition, and all offensive materials and dangerous conditions removed, at the joint and several expense of the occupant or owner of such building or premises. An itemized statement of costs and expenses shall be furnished the occupant or owner of the premises and the statement shall be satisfied within a period of thirty days, failing which, upon ten days further notice the State Fire Marshal may assess such costs and expenses. Any party aggrieved by an assessment order may appeal to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, within a period of ten days from service of such order of assessment. Failing appeal, the order of assessment herein provided shall be filed with the clerk of court of the county wherein such property is located and shall be satisfied by execution and levy as a final judgment duly entered. Provided, however, that in addition to the enforcement procedures authorized in this section, the State Fire Marshal may, when a final order has been issued directing a defect to be removed or remedied and such order is not complied with within thirty days or a greater time if specified in such order, apply to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for an injunction to compel the defect to be removed or remedied and an administrative law judge, if it shall find, that such defect constitutes a dangerous hazard to life or property as set forth in this section, may exercise its injunctive powers to obtain compliance with the order of the State Fire Marshal."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 1st day of June, 2011.
Approved the 7th day of June, 2011.
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