H 3531(Rat #0252)  General Bill, By Littlejohn, Bailey and Walker
 A Bill 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.

   02/18/93  House  Introduced and read first time HJ-8
   02/18/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8
   05/05/93  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   05/13/93  House  Debate adjourned until Tuesday, May 18, 1993 HJ-38
   05/19/93  House  Amended HJ-36
   05/19/93  House  Read second time HJ-37
   05/20/93  House  Read third time and sent to Senate HJ-11
   05/25/93  Senate Introduced and read first time SJ-19
   05/25/93  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-19
   05/27/93  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-10
   06/01/93  Senate Amended SJ-64
   06/01/93  Senate Read second time SJ-64
   06/01/93  Senate Ordered to third reading with notice of
                     amendments SJ-64
   06/02/93  Senate Amended SJ-63
   06/02/93  Senate Read third time and returned to House with
                     amendments SJ-63
   06/02/93  House  Concurred in Senate amendment and enrolled HJ-98
   06/10/93         Ratified R 252
   06/16/93         Vetoed by Governor
   06/25/93  House   Veto sustained-failed to receive necessary 2/3
                     vote HJ-27
   06/25/93  House   Vote to override: Yeas-55 HJ-30

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.