H 3634 General Bill, By Sharpe
 A BILL TO AMEND CHAPTER 9, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO FORESTRY BY ADDING SECTION 23-9-190 SO AS TO PROVIDE WHEN THE
 OWNER OF REAL PROPERTY IS NOT LIABLE FOR DEATH OR INJURY TO PERSONS OR
 PROPERTY WHEN A FIREFIGHTING AGENCY UTILIZES WATER FOR FIREFIGHTING PURPOSES
 FROM A SOURCE OF WATER ON REAL PROPERTY.

   03/02/99  House  Introduced and read first time HJ-14
   03/02/99  House  Referred to Committee on Judiciary HJ-14

TO AMEND CHAPTER 9, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY BY ADDING SECTION 23-9-190 SO AS TO PROVIDE WHEN THE OWNER OF REAL PROPERTY IS NOT LIABLE FOR DEATH OR INJURY TO PERSONS OR PROPERTY WHEN A FIREFIGHTING AGENCY UTILIZES WATER FOR FIREFIGHTING PURPOSES FROM A SOURCE OF WATER ON REAL PROPERTY.

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

SECTION 1. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:

"Section 23-9-190. (A) For purposes of this section:

(1) 'Source of water' means a water system, water tank, ditch, pool, pond, lake, or river.

(2) 'Dry fire hydrant' means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.

(3) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:

(a) a fire department;

(b) a political subdivision of this State authorized to provide firefighting services; and

(c) the South Carolina Forestry Commission or commission cooperators.

(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:

(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;

(2) removal of water by drafting or through a pressure hose;

(3) removal of water by a bucket or hose suspended from a helicopter; or

(4) removal of water by a fixed wing aircraft."

SECTION 2. This act takes effect upon approval by the Governor.