H*2119(Rat #0113, Act #0065 of 1983)  General Bill, By Harvin, R.L. Altman, 
W.S. Anderson, F.X. Archibald, W.D. Arthur, Branton, T.A. Brett, W.N. Cork, 
F.L. Day, Elliott, T.J. Ervin, T. Gadson, L.I. Hendricks, H.E. Pearce, 
Washington and D. Williams

Similar(S 29)
 A Bill to amend Chapter 11 of Title 6, Code of Laws of South Carolina, 1976,
 relating to special purpose or public service districts generally, by adding
 Article 9, so as to provide that any lawfully and regularly organized fire
 department, fire protection district, or fire company regularly charged with
 the responsibility of providing fire protection to that jurisdiction has
 certain emergency powers.-amended title

   01/03/83  House  Prefiled
   01/03/83  House  Referred to Committee on Judiciary
   01/11/83  House  Introduced and read first time HJ-230
   01/11/83  House  Referred to Committee on Judiciary HJ-230
   02/02/83  House  Committee report: Favorable with amendment
                     Judiciary HJ-582
   02/08/83  House  Debate adjourned HJ-718
   02/09/83  House  Debate interrupted HJ-766
   02/15/83  House  Debate adjourned until Wednesday, February 23,
                     1983 HJ-880
   02/24/83  House  Amended HJ-1181
   02/24/83  House  Read second time HJ-1183
   03/01/83  House  Read third time and sent to Senate HJ-1217
   03/01/83  Senate Introduced and read first time SJ-571
   03/01/83  Senate Referred to Committee on Judiciary SJ-571
   04/20/83  Senate Committee report: Favorable Judiciary SJ-1063
   04/27/83  Senate Amended SJ-1146
   04/27/83  Senate Read second time SJ-1146
   04/28/83  Senate  Read third time SJ-1162
   04/28/83  Senate Returned SJ-1162
   05/11/83  House  Concurred in Senate amendment and enrolled HJ-2767
   05/24/83         Ratified R 113
   05/26/83         Signed By Governor
   05/26/83         Effective date 05/26/83
   05/26/83         Act No. 65
   06/07/83         Copies available

AN ACT TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS GENERALLY, BY ADDING ARTICLE 9, SO AS TO PROVIDE THAT ANY LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENT, FIRE PROTECTION DISTRICT, OR FIRE COMPANY REGULARLY CHARGED WITH THE RESPONSIBILITY OF PROVIDING FIRE PROTECTION TO THAT JURISDICTION HAS CERTAIN EMERGENCY POWERS.

Be it enacted by the General Assembly of the State of South Carolina:

Emergency powers of fire authorities

SECTION 1. Chapter 11 of Title 6 of the 1976 Code is amended by adding:

"ARTICLE 9

Section 6-11-1410. For purposes of this article 'Fire Authority' means any lawfully and regularly organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing fire protection and other emergency services incident thereto.

Section 6-11-1420. Notwithstanding any other provisions of law, authorized representatives of the Fire Authority having jurisdiction, as may be in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, have the power and authority to direct such operation as may be necessary to extinguish or control the fire, perform any rescue operation, evacuate hazardous areas, investigate the existence of suspected or reported fires, gas leaks, or other hazardous conditions or situations, and of taking any other action necessary in the reasonable performance of their duty. In the exercise of such power, the Fire Authority having jurisdiction may prohibit any person, vehicle, vessel, or object from approaching the scene and may remove or cause to be removed or kept away from the scene any person, vehicle, vessel, or object which may impede or interfere with the operations of the Fire Authority having jurisdiction.

Section 6-11-1430. The Fire Authority having jurisdiction may, within the means of its resources, evacuate or cause to be evacuated all persons within and adjacent to burning structures, open fires, dangerous gas leaks, flammable liquid spills, and transportation incidents.

The following are exempt from the provisions of this act: (1) Industrial processing and manufacturing plants which have a State Labor Department (OSHA) or Department of Health and Environmental Control approved emergency evacuation plans; (2) Hospitals and similar type health care facilities which conduct surgery or administer care through the use of life support systems and which have approved emergency evacuation plans by the authority having jurisdiction; (3) The Forestry Commission in the carrying out of its forest fire protection duties and responsibilities as provided in Sections 48-23-90, 48-33-30, 48-33-40, and 48-33-70. The Fire Authority having jurisdiction does not have the power and authority to declare a state of emergency and order and compel an evacuation of the scope and magnitude that would be necessary during an actual or threatened enemy attack, sabotage, flood, storm, epidemic, earthquake, riot, or other public calamity.

Section 6-11-1440. In the event an evacuation of any local area is ordered or caused to be effected by any Fire Authority, the authorized representatives of the Fire Authority shall immediately notify all state and local law enforcement authorities normally having or exercising police jurisdiction over the area involved. The authorized representatives of the Fire Authority shall notify the state or local Emergency Preparedness Director of the evacuation, and upon arrival of law enforcement assistance, shall yield control of the evacuated area to the law enforcement authorities who shall manage the evacuation and area evacuated in cooperation with the Fire Authority, the state and local Emergency Preparedness Director, and other state and local agencies having jurisdiction and authority under the circumstances.

Section 6-11-1450. Any person who obstructs the operations of the Fire Authority in connection with extinguishing any fire, or other emergency, or disobeys any lawful command of the fire official or officer of the Fire Authority who may be in charge at such a scene, or any part thereof, or any police officer assisting the Fire Authority, is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days."

Statement of accounts, receipts, etc. required

SECTION 2. Any board, commission, or authority in this State, established under the provisions of Chapter 11 of Title 6 of the 1976 Code which provides natural gas to residents of this State, shall, within thirty days of the end of the fiscal year of the board, commission, or authority, provide to the State Treasurer a detailed statement of all accounts, receipts, disbursements, and expenditures of funds by the board, commission, or authority during the preceding fiscal year. The statement shall be in such form as prescribed by the State Treasurer and shall be made available for inspection and copying to the public.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.