Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 811
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts and Ford
Document Path: l:\council\bills\dka\3676dw04.doc
Introduced in the Senate on January 13, 2004
Currently residing in the Senate
Summary: Fire hydrant maintenance requirements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/13/2004 Senate Introduced and read first time SJ-30
1/13/2004 Senate Referred to Committee on Judiciary SJ-30
4/21/2004 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-46
4/22/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE REPORT
April 21, 2004
S. 811
S. Printed 4/21/04--S. [SEC 4/22/04 2:29 PM]
Read the first time January 13, 2004.
To whom was referred a Bill (S. 811) to amend the Code of Laws of South Carolina, 1976, by adding Section 6-1-360 so as to require the entity providing water to a fire hydrant to, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-140, SO AS TO AUTHORIZE A GOVERNING BODY OF A COUNTY OR MUNICIPALITY TO GRANT OR DENY A WAIVER FROM THE REQUIREMENTS OF CODES OR ORDINANCES SPECIFYING THE LOCATION OF FIRE HYDRANTS; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM WAIVERS GRANTED OR DENIED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9 of Title 6 of the 1976 Code is amended by adding:
"Section 6-9-140. (A) Notwithstanding any other provision of law and as provided in this section, the governing body of a county or municipality may in individual cases grant or deny waivers of the application of requirements imposed by a code adopted pursuant to this chapter or a local ordinance that specifies the proximity in which a fire hydrant must be placed to a business or residence.
(B) A person or entity seeking a waiver must apply to the office of the local governing body on forms prescribed by ordinance. In considering whether a waiver may be granted or denied, the local governing body must schedule a public hearing in which all parties in interest are given an opportunity to be heard.
(C) The local governing body must fix a reasonable time for the hearing, and give at least fifteen days' public notice of the hearing in a newspaper of general circulation in the community, as well as due notice to the parties in interest. At the hearing, any party in interest may appear in person or by agent or by attorney.
(D) The local governing body's decision to grant or deny a waiver must be:
(1) determined within a reasonable time;
(2) in writing and include all findings of fact and rationales upon which the waiver is granted or denied; and
(3) permanently filed in the office of the local governing body and made available as a public record."
SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:
"( ) the granting or denial by a governing body of a county or municipality as provided in Section 6-9-140 of an individual waiver of the application of requirements imposed by a code adopted pursuant to Chapter 9 of Title 6 or a local ordinance that specifies the proximity in which a fire hydrant must be placed to a business or residence."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
GREG GREGORY C. BRADLEY HUTTO
For Majority. For Minority.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-360 SO AS TO REQUIRE THE ENTITY PROVIDING WATER TO A FIRE HYDRANT TO INSTALL, MAINTAIN, AND BEAR ALL COSTS ASSOCIATED WITH THE HYDRANT IF IT IS REQUIRED TO BE LOCATED WITHIN FIVE HUNDRED FEET OF A BUILDING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-360. (A) For purposes of this section an entity means, but is not limited to, a municipality, county commission of public works, a special purpose or public service district, a private water company, or eleemosynary corporation.
(B) An entity, which provides water to a fire hydrant and requires the hydrant to be located within five hundred feet of a building, bears the cost of installing and maintaining the hydrant."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:19 A.M.