Current Status Introducing Body:
HouseBill Number: 4750Ratification Number: 603Act Number: 524Primary Sponsor: LittlejohnType of Legislation: GBSubject: Smoke detectorsDate of Governor's Action: 19941005Date Bill Passed both Bodies: 19940601Governor's Action: SComputer Document Number: BBM/10881JM.94Introduced Date: 19940216Date of Last Amendment: 19940601Last History Body: ------Last History Date: 19941005Last History Type: Act No. 524Scope of Legislation: StatewideAll Sponsors: Littlejohn G. Bailey WalkerType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4750 ------ 19941005 Act No. 524 4750 ------ 19941005 Signed by Governor 4750 ------ 19940602 Ratified R 603 4750 House 19940601 Concurred in Senate amendment, enrolled for ratification 4750 Senate 19940601 Amended, read third time, returned to House with amendments 4750 Senate 19940527 Read second time, notice of general amendments 4750 Senate 19940526 Recalled from Committee, 12 placed on Calendar 4750 Senate 19940525 Introduced, read first time, 12 referred to Committee 4750 House 19940525 Read third time, sent to Senate 4750 House 19940525 Objection by Representative Gonzales 4750 House 19940524 Read second time 4750 House 19940504 Committee Report: Favorable 26 4750 House 19940216 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(A524, R603, H4750)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 25, TITLE 5, SO AS TO ENACT PROVISIONS OF LAW REGULATING SMOKE DETECTORS, INCLUDING PROVISIONS ESTABLISHING A MISDEMEANOR OFFENSE AND PROVIDING PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Provisions regulating smoke detectors 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; provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing.
(B) A newly constructed dwelling or a dwelling remodeled in excess of fifty percent of its assessed value after December 31, 1994, 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 is responsible for supplying and installing the smoke detectors in rental dwellings and housing and 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 rental dwelling shall notify the owner in writing of any deficiencies in the performance of the smoke detectors. The owner must be considered notified upon delivery of the written notice at the place of business of the owner 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 these 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 to which the article applies pursuant to Section 5-25-1310(A) or transfer possession of a building to which this article applies pursuant to Section 5-25-1310(A) unless smoke detectors have been installed and are functioning in accordance with this article. The purchaser may inspect the detectors at any reasonable 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 relieves the seller of any further liability after closing with respect to the performance of the smoke detectors. Violation of the provisions of this section does not affect the validity of the conveyance.
Section 5-25-1360. 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 5-25-1370. A person who violates this article on first offense has 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 5-25-1380. Failure to comply with the provisions of this article does not create a cause of action for a per se statutory violation for liability, or for negligence-based liability, for death, injury, or damages. Nor shall failure to comply with the provisions of this article be used by any insurance company to deny coverage, void a policy, or deny a claim."
SECTION 2. This act takes effect July 1, 1995.
Approved the 5th day of October, 1994.