The Committee on Labor, Commerce and Industry proposed the following amendment (CM\460C004.GT.CM22):
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/SECTION2. Section 23-9-20 of the 1976 Code is amended to read:
"Section 23-9-20. (A)The State Fire Marshal shall have jurisdiction and authority statewide, on behalf of the State, in matters including, but not limited to, the following functions and activities provided the aforementioned jurisdiction and authority does not, and is not intended to supersede the authority granted to the State Board of Pyrotechnic Safety relating to the manufacture, sale and storage of fireworks described in Sections 40-56-1 et., seq.:
(1) supervise enforcement of the laws and regulations of the Liquefied Petroleum Gas Board and the South Carolina Hydrogen Permitting Program the enforcement of all laws and ordinances of the State with reference to the following:
(a) the prevention of fires; and
(b) the storage, sale, and use of combustibles and explosives;
(c) the installation and maintenance of fire alarm systems and fire extinguishing systems and equipment;
(d) the means of egress from all buildings, except for one-family and two-family dwellings, unless otherwise required or permitted through law or regulation;
(e) the investigation of the cause, origin, and circumstances of a fire;
(f) conformance with fire prevention and protection codes and standards, based upon nationally recognized codes and standards, as may be prescribed by law or regulation for the prevention of fires and the protection of life and property;
(g) the facilitation of the reporting of fires through the National Fire Incident Reporting System;
(h) the collection of information concerning the causes, prevention, and reduction of damage from fire and other forms of community loss. The Office of the State Fire Marshal, from time to time, may disseminate this information in an appropriate manner as needed to aid in public protection or the training of firefighters; and
(i) other fire-related activities not inconsistent with the mission of State Fire or otherwise prescribed by law; and
(2) shall employ and supervise personnel necessary to carry out the duties of his office the enforcement of the laws and regulations of the Liquefied Petroleum Gas Board and the South Carolina Hydrogen Permitting Program;
(3) the employment and supervision of personnel necessary to carry out the duties of his office;
(4) the implementation of licensing, permitting, and certification programs, based upon nationally recognized codes and standards, and the promulgation of regulations, not to include the manufacture, sale or storage of fireworks as regulated by the State Board of Pyrotechnic Safety, for:
(a) explosives in accordance with Chapter 36, Title 23;
(b) pyrotechnic displays and shooters;
(c) fire protection systems and all classes of equipment; and
(d) persons performing fire inspections under the authority of Section 23-9-30;
(5) the promulgation of fire prevention and protection regulations, based upon nationally recognized codes and standards, for the protection of the life and property of the residents of this State from fire; and
(6) the administrative and operational responsibilities for all program areas of State Fire, including the Office of the State Fire Marshal, the State Fire Academy, and the Emergency Response Task Force.
(B) The Office of the State Fire Marshal may issue an administrative citation for any violation of this chapter or the fire code. Service of the citation may be in person or by certified mail. Except that, the Office of the State Fire Marshall shall not issue a separate administrative citation, under the authority of this chapter, for violations of the licensing requirements and regulations promulgated by the State Board of Pyrotechnic Safety regarding the manufacture, sale, and storage of fireworks.
(C) The Office of the State Fire Marshal may issue separate citations for each violation. However, no more than one thousand dollars in administrative penalties may be assessed for each violation. For a first offense, a written order specifying the code violations that need to be corrected and specifying a time frame for the corrections must be issued. The time frame to complete the corrections is thirty days, unless a finding is made that the violation impacts the health, safety, or welfare of the public and that an imminent threat of harm exists if the violation is not immediately abated. If the violations are not corrected within the time allotted, then an administrative penalty may be assessed.
(D) An entity or individual assessed an administrative penalty by the Office of the State Fire Marshal may appeal the penalty to the State Fire Marshal, or his designee, within ten days of the receipt of the citation. If no appeal is filed, then the citation is deemed a final order, and the penalties must be paid within thirty days of the receipt of the citation. The State Fire Marshal may enforce any order by filing a civil action through the administrative law court, in the name of the State, for injunctive relief against a person who violates this article, a regulation promulgated under this article, or a final order.
(E) All fines collected under this section by the Office of the State Fire Marshal must be remitted by the Office of the State Fire Marshal and deposited in a special fund established for State Fire to defray the administrative costs associated with this article.
(F) Nothing in this section prohibits the State Fire Marshal from exercising the statutory authority outlined in Section 23-9-70." /
Amend the bill further by striking SECTION 8 in its entirety and inserting:
/SECTION8. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-125. This chapter does not repeal, amend, or otherwise affect the authority of the State Board of Pyrotechnic Safety or the regulation of fireworks, pursuat to Chapter 56, Title 40." /