S 481 Session 123 (2019-2020) S 0481 General Bill, By Alexander
Indicates New Matter COMMITTEE AMENDMENT ADOPTED AND AMENDED March 10, 2020 S. 481
S. Printed 3/10/20--S. [SEC 3/11/20 11:17 AM] Read the first time February 5, 2019.
TO AMEND SECTION 23-9-10 OF THE 1976 CODE, RELATING TO THE TRANSFER OF THE DIVISION OF THE STATE FIRE MARSHAL TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE STATE FIRE MARSHAL'S DUTIES AND RESPONSIBILITIES, TO DELETE CERTAIN OBSOLETE LANGUAGE, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE DIVISION OF FIRE AND LIFE SAFETY'S PROGRAM AREAS; TO AMEND SECTION 23-9-20 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE STATE FIRE MARSHAL, TO REVISE HIS DUTIES AND RESPONSIBILITIES; TO AMEND SECTION 23-9-25(F)(2) AND (5) OF THE 1976 CODE, RELATING TO THE VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT PROGRAM, TO REVISE GRANT APPLICATION AND FUNDING PROCEDURES; TO AMEND SECTION 23-9-30 OF THE 1976 CODE, RELATING TO RESIDENT FIRE MARSHALS, TO REVISE THEIR DUTIES AND WHO MAY EXERCISE THESE DUTIES AND TO PROVIDE THAT THE STATE FIRE MARSHAL MAY PROMULGATE REGULATIONS REGARDING A FIRE MARSHAL'S TRAINING AND CERTIFICATION; TO AMEND SECTION 23-9-45 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF A CLASS D FIRE EQUIPMENT DEALER LICENSE OR A FIRE EQUIPMENT PERMIT, TO PROVIDE FOR THE ISSUANCE OF ADDITIONAL CLASSES OF LICENSES AND QUALIFICATIONS TO OBTAIN THESE LICENSES; TO AMEND SECTION 23-9-50 OF THE 1976 CODE, RELATING TO THE STATE FIRE MARSHAL'S AUTHORITY TO INSPECT CERTAIN BUILDINGS AND PREMISES, TO REVISE THE CIRCUMSTANCES UPON WHICH HE MAY ENTER A BUILDING OR PREMISES; TO AMEND CHAPTER 10, TITLE 23 OF THE 1976 CODE, RELATING TO THE "SOUTH CAROLINA FIRE ACADEMY", TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-49-120(B) OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA FORESTRY COMMISSION'S ACCEPTANCE OF DONATIONS OF FIRE EQUIPMENT, TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF FIRE AND LIFE SAFETY ALSO MAY ACCEPT DONATIONS OF FIRE EQUIPMENT; TO AMEND SECTION 40-80-30(D) OF THE 1976 CODE, RELATING TO A FIREFIGHTER REGISTERING WITH THE STATE FIRE MARSHAL, TO REVISE THE COST AND PROCESS OF OBTAINING CERTAIN INDIVIDUAL FIGHTER RECORDS; AND TO REPEAL SECTIONS 23-9-35, 23-9-40, 23-9-60, 23-9-110, AND 23-9-130 OF THE 1976 CODE, ALL RELATING TO DUTIES OF THE STATE FIRE MARSHAL. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 23-9-10 of the 1976 Code is amended to read:
"Section 23-9-10. SECTION 2. 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:
(1)
(a) the prevention of fires; (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- and two-family dwellings, unless otherwise required or permitted through law or regulation; (e) investigation of the cause, origin, and circumstances of a fire; (f) conformance with the 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) facilitation of the reporting of fires through the National Fire Incident Reporting System; (h) 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) (3) employment and supervision of personnel necessary to carry out the duties of his office; (4) implementation of licensing, permitting, and certification programs based upon nationally recognized codes and standards, and the promulgation of regulations, not to include the 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) promulgation of fire prevention and protection regulations based upon nationally recognized codes and standards for the protection of life and property of the residents of the State from fire; and (6) 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 and fire code. Service of the citation may be in person or by certified mail. (C) Separate citations may be issued 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 correction 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, and 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 may appeal the penalty to the State Fire Marshal, or his designee, within ten days of 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 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." SECTION 3. Section 23-9-25(F)(2) and (5) of the 1976 Code is amended to read: "(2) The peer-review panel shall consist of nine voting members who shall serve without compensation. Seven members must be fire chiefs from each of the seven regions of the State as defined by the State Fire Marshal. The Chairman of the House Ways and Means Committee shall appoint fire chiefs from Regions 1, 2, and 7. The Chairman of the Senate Finance Committee shall appoint fire chiefs from Regions 3, 4, and 6. The Governor shall appoint one fire chief from Region 5 and one fire chief from the State at large. The State Fire Marshal also shall serve as a member. The President of the South Carolina State Firefighters' Association shall serve as a nonvoting member and chairman of the committee. The peer-review panel shall have the authority to establish funding priorities, by consensus, for each grant cycle, based on its assessment of the greatest needs of the South Carolina Fire Service and within the purposes established in this section. Funding priorities shall be communicated through an annual Notice of Funding Opportunity, which shall accompany the announcement of the grant application period. (5) A recipient that completes the approved scope of work prior to the end of the performance period, and still has grant funds available, may:
(a) use the greater of one percent of their award amount or three hundred dollars to continue or expand, the activities for which (b) use excess funds to create or expand, a fire or injury prevention program. Excess funds above the amounts discussed in subitem (a) must be used for fire or injury prevention activities or returned to the program. In order to use excess funds for fire or injury prevention activities, a recipient must submit an amendment to its grant. The amendment request must explain fire or injury prevention efforts currently underway within the organization, where the use of excess funds would fit within the existing efforts, the target audience for the fire or injury prevention project and how this audience was identified, and how the effectiveness of the requested fire or injury prevention project will be evaluated; (c) submit an application to the peer-review panel to amend his grant request to redirect remaining funds to another eligible project; (d) use a combination of subitems (a) and (b); or
SECTION 4. Section 23-9-25 of the 1976 Code is amended by adding an appropriately lettered new subsection to read: "( ) Three percent of these funds shall be retained by the State Fire Marshal for the express purpose of funding costs associated with the administration of the program." SECTION 5. Section 23-9-30 of the 1976 Code is amended to read:
"Section 23-9-30.
(C) The State Fire Marshal shall have the authority to promulgate regulations regarding the training, certification, and recertification of fire marshals, and disciplinary procedures, up to and including revocation of certification for cause." SECTION 6. Section 23-9-45 of the 1976 Code is amended to read:
"Section 23-9-45. (A) An applicant for a Class
(B) The affidavit shall attest to the applicant's ability to obtain the proper manufacturer's installation and maintenance manuals and provide testament that all installations and maintenance shall be performed in compliance with the manufacturer's installation and maintenance manuals
(C) The SECTION 7. Section 23-9-50 of the 1976 Code is amended to read:
"Section 23-9-50.
(1) there is probable cause to believe that a violation of the provisions respecting fire laws exists (2) that there exists imminent danger to the occupants thereof or arson; or (3) a fatality or serious injury has occurred as a result of fire, explosion, or arson.
SECTION 8. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding: "Section 23-9-125. Nothing in this chapter may be construed to limit the authority of the State Board of Pyrotechnic Safety or the regulation of fireworks, pursuant to Chapter 56, Title 40." SECTION 9. Chapter 10, Title 23 of the 1976 Code is amended to read:
Section 23-10-10. (A) The State Fire Marshal has the sole responsibility for the operation of the
(B) There is created the
Section 23-10-20. The South Carolina Department of Labor, Licensing and Regulation is authorized to purchase and issue clothing to the staff of the State Fire Academy." SECTION 10. Section 23-49-120(B) of the 1976 Code is amended to read: "(B) The South Carolina Forestry Commission and the Department of Labor, Licensing and Regulation, Division of Fire and Life Safety may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission or department may be retained for use by the commission or department or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission or department shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization." SECTION 11. Section 40-80-30(D) of the 1976 Code is amended to read:
"(D) Any registered firefighter may at any time request and obtain a copy of his SECTION 12. Sections 23-9-35, 23-9-40, 23-9-60, 23-9-110, and 23-9-130 of the 1976 Code are repealed. SECTION 13. This act takes effect upon approval by the Governor.
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