reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-150. Summons; bail.

When any person is apprehended by a officer upon a charge of violating any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers such person shall immediately be served with an official summons. The person charged may deposit bail with the arresting officer in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration. The apprehending officer may accept a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed two hundred dollars, to be in due course turned over to the judicial officer as money for bail. The bail deposited shall be in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for the sum so deposited shall be given to such person by the arresting officer. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-170. Promotions; adoption of promotion policy.

No officer or trooper may be promoted to a higher rank until such time as the council adopts a promotion policy for commissioned personnel and officers as provided for in Section 23-6-520.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-180. Retention of Patrolmen's permanent records after death or retirement.

The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired.
HISTORY: 2003 Act No. 61, Section 14.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-185. Enforcement by State Transport Police Division funded by motor carrier registration fees.

Notwithstanding any other provisions of law, enforcement by the State Transport Police Division, of Articles 3 and 5, Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected pursuant to this section may be retained and carried forward by the department for the same purposes.
HISTORY: 2008 Act No. 353, Section 2, Pt 12B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-187. Witness fees for trooper trained in Advanced Accident Investigation testifying in civil matters.

The department may charge a witness fee of one hundred thirty dollars per hour, up to one thousand dollars per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest. The fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive, expend, retain, and carry forward these funds.
HISTORY: 2008 Act No. 353, Section 2, Pt 12B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-190. Support of Highway Patrol.

All monies collected in the Department of Public Safety Building Fund, as established in Section 56-3-840 that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol.
HISTORY: 2008 Act No. 353, Section 2, Pt 12D, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-191. Physical examination costs.

The Department may pay the cost of physical examinations for department personnel who are required to receive physical examinations prior to or after receiving a law enforcement commission.
HISTORY: 2008 Act No. 353, Section 2, Pt 12B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-193. Reimbursement for expenditures incurred during emergency; retention and expenditure of funds.

The department may collect, expend, retain, and carry forward all funds received from other state or federal agencies as reimbursement for expenditures incurred when personnel and equipment are mobilized and expenses incurred due to an emergency.
HISTORY: 2008 Act No. 353, Section 2, Pt 12B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-195. Providing meals during emergencies.

The department may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency.
HISTORY: 2008 Act No. 353, Section 2, Pt 12B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-200. Definitions.

For purposes of this article:
(1) "Former law enforcement officer" means:
(a) an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the department;
(b) an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the department pursuant to governmental restructuring, including former retired officers;
(c) an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the department pursuant to governmental restructuring or any subsequent restructuring, including former retired officers; or
(d) other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.
(2) "Department of Public Safety Special Constable" means a commission authorized by the department for a former law enforcement officer as defined in (1).
(3) "Director" means the chief administrative officer of the Department of Public Safety.
(4) "Department" means Department of Public Safety.
HISTORY: 2000 Act No. 252, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-210. Commissioning of special constables; powers and duties; removal; training.

(A) The director is authorized to establish programs for the commissioning of former law enforcement officers of the department. An individual commissioned pursuant to this section shall receive a Department of Public Safety Special Constable commission.
(B) The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director.
(C) A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B).
(D) The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions.
HISTORY: 2000 Act No. 252, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-220. Compensation; uniforms and equipment; workers' compensation and death benefits.

(A) Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.
(B) Any uniforms and equipment issued by the department shall remain the property of the department, but may, in the discretion of the director, be entrusted to the care and control of the constables. A constable assisting a full-time department law enforcement officer shall wear uniforms or other insignia which identify the constable as a special law enforcement officer assisting the department.
(C) Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the department.
HISTORY: 2000 Act No. 252, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-240. Authority to carry pistols.

Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term "conviction" shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail.
HISTORY: 2000 Act No. 252, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-500. South Carolina Public Safety Coordinating Council created; purpose.

There is created a council to administer certain responsibilities of the Department of Public Safety and coordinate certain activities between the department, the Office of the Attorney General, the South Carolina Law Enforcement Division and municipal and county law enforcement agencies. The council is to be known as the South Carolina Public Safety Coordinating Council.
HISTORY: 1993 Act No. 181, Section 343(A); 2017 Act No. 96 (S.289), Section 8.B, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 8.B, inserted "the Office of the Attorney General,".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-510. Composition; filling of vacancies.

(A) The council is composed of the following persons for terms as indicated:
(1) the Governor or his designee, to serve as chairman, for the term of the Governor;
(2) the Chief of the South Carolina Law Enforcement Division for the term of office for which he is appointed;
(3) the Chairman of the Senate Judiciary Committee for his term of office in the Senate or his designee;
(4) the Chairman of the House of Representatives Judiciary Committee for his term of office in the House of Representatives or his designee;
(5) the Director of the Department of Public Safety;
(6) a sheriff appointed by the Governor for the term of office for which he is elected;
(7) the Attorney General or his designee;
(8) a municipal police chief appointed by the Governor for a term of two years;
(9) a victim representative appointed by the Governor for a term of four years; and
(10) a victim with a documented history of victimization appointed by the Attorney General for a term of four years.
(B) Any vacancy occurring must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 1993 Act No. 181, Section 343(A); 1996 Act No. 414, Section 1; 2017 Act No. 96 (S.289), Section 8.C, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 8.C, inserted the (A) and (B) identifiers; in (A), inserted (7), relating to the Attorney General, redesignated accordingly, and added (10), relating to a victim with a documented history of victimization appointed by the Attorney General for a term of four years; and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-520. Duties.

The council has the following duties to:
(1) recommend a hiring and promotion policy for commissioned personnel or officers to be administered under the sole authority of the director;
(2) establish a process for the solicitation of applications for public safety grants and to review and approve the disbursement of funds available under Section 402 of Chapter 4 of Title 1 of the Federal Highway Safety Program, Public Law 89-564 in a fair and equitable manner;
(3) coordinate the use of department personnel by other state or local agencies or political subdivisions;
(4) advise and consult on questions of jurisdiction and law enforcement and public safety activities between the Department of Public Safety, the South Carolina Law Enforcement Division and law enforcement agencies of local political subdivisions; and
(5) in collaboration with the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Assistance grants, establish a process to solicit and administer the disbursement of funds for Victims of Crime Act grants, the Violence Against Women Act grants, the State Victim's Assistance Program grants available under Public Law 98-473 establishing the Victims of Crime Act of 1984 and the Violence Against Women Act (VAWA-I) established under Title IV of the Violent Crime Control and Law Enforcement Act of 1944, Public Law No. 103-322, 108 Stat. 1796 (September 13, 1994), and all other crime victim service funding as provided by law, including, but not limited to, the authority to solicit for federal formula or discretionary grant awards and foundation funding.
HISTORY: 1993 Act No. 181, Section 343(A); 2017 Act No. 96 (S.289), Section 8.D, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 8.D, added (5), relating to soliciting and administering the disbursement of funds; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-530. Council may elect officers; service is without pay; per diem, mileage and subsistence.

The council may elect such other officers as it deems necessary from its membership and the members of the council shall serve without pay but are authorized, as eligible, to receive the usual per diem, mileage and subsistence provided for by law.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-10. Appointment of special State constables upon recommendation of United States Atomic Energy Commission; compensation.

The Governor may appoint and commission as special State constables such persons, including employees of a contractor of the United States Atomic Energy Commission (in this chapter hereinafter called "the Commission"), as shall be recommended to him in writing by a duly authorized representative of the Commission. Such special State constables shall serve without compensation from the State or any of its political subdivisions.
HISTORY: 1962 Code Section 53-731; 1952 Code Section 53-731; 1951 (47) 710.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-20. Term of office; removal.

The appointment of a special State constable under this chapter shall be for a term of two years. Any such constable may be summarily removed by the Governor upon his own initiative or at the request of the Commission or its duly authorized representative.
HISTORY: 1962 Code Section 53-732; 1952 Code Section 53-732; 1951 (47) 710.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-30. Oath; bond.

All special state constables appointed under this chapter are required to take the oath prescribed by Article III, Section 26 of the Constitution of 1895. Every such special state constable must give and file in the office of the Secretary of State a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties.
HISTORY: 1962 Code Section 53-733; 1952 Code Section 53-733; 1951 (47) 710; 2000 Act No. 362, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-40. Jurisdiction of constables.

The jurisdiction of a special state constable is confined and limited to the lands and premises acquired or being acquired by the United States Government for the use of the commission in Aiken, Allendale, and Barnwell counties. Nothing contained in this section confines or limits the jurisdiction of the constable to the lands and premises while in fresh pursuit of a person for a misdemeanor or felony committed in his presence or for a felony if he reasonably believes upon prompt information or complaint that the person has committed the felony. The failure of the United States to acquire title to any of the lands and premises within the boundaries of the site does not confine or limit the jurisdiction of a special state constable authorized by this chapter.
HISTORY: 1962 Code Section 53-734; 1952 Code Section 53-734; 1951 (47) 710; 1982 Act No. 308; 1990 Act No. 598, Section 5.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-50. General powers and duties.

A special state constable possesses all of the rights and powers prescribed by law for magistrates' constables and deputy sheriffs and powers usually exercised by marshals and policemen of towns and cities. He shall act as a conservator of the peace, take into custody and carry before the nearest magistrate any person who commits any misdemeanor or felony in his presence or any felony if he reasonably believes upon prompt information or complaint the person has committed the felony and carry him before a court of competent jurisdiction, and execute any criminal process from magistrates' courts relating to offenses committed upon any of the lands and premises within his jurisdiction.
HISTORY: 1962 Code Section 53-735; 1952 Code Section 53-735; 1951 (47) 710; 1990 Act No. 598, Section 6.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-60. Issuance of summons for violation of traffic law.

Each special State constable appointed under the provisions of this chapter shall have the additional authority to issue an official summons to any person apprehended for violating a traffic law, and such summons, duly served, shall give the proper judicial officer jurisdiction to dispose of the matter after trial upon the date set in the summons, and such constable is authorized to release the person so charged for future appearance before the proper judicial officer upon such person's own recognizance.
HISTORY: 1962 Code Section 53-735.1; 1956 (49) 1581.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 7 - State Constables › Section 23-7-70. Exclusive remedy.

The South Carolina Tort Claims Act, Chapter 78 of Title 15, is the exclusive and sole remedy for any tort committed by a special state constable while acting within the scope of his official duty.
HISTORY: 1962 Code Section 53-736; 1952 Code Section 53-736; 1951 (47) 710; 2000 Act No. 362, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-10. State Fire Marshall; qualifications; appointment.

The State Fire Marshal shall have a master's degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a bachelor's degree and eight years experience in fire prevention and control. The Governor shall appoint the State Fire Marshal who shall serve as the Deputy Director of the Division of Fire and Life Safety of the Department of Labor, Licensing and Regulation. The Division of Fire and Life Safety, in the alternative, shall be referred to as State Fire and shall consist of the following primary program areas: the Office of State Fire Marshal, the State Fire Academy, and the Emergency Response Task Force.
HISTORY: 1962 Code Section 37-86; 1966 (54) 2424; 1973 (58) 793; 1979 Act No. 190 Section 4; 1993 Act No. 181, Section 31993 Act No. 181, Section 344; 2007 Act No. 89, Section 2, eff June 20, 2007; 2022 Act No. 170 (S.460), Section 1, eff May 16, 2022.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Effect of Amendment
The 2007 amendment, in the second sentence, substituted "Notwithstanding another provision of law, after January 20, 2011, the" for "The"; and, at the end of the fourth sentence added "who shall serve as the Deputy Director of the Division of Fire and Life Safety".
2022 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-30. Resident fire marshals; persons who may act under authority of State Fire Marshal.

(A) The chief of any organized fire department or county fire marshal is ex officio resident fire marshal; however, this chapter does not repeal, amend, or otherwise affect Chapter 25, Title 5.
(B) All duties of investigation, inspection, and enforcement vested in the State Fire Marshal may be exercised or discharged within the area of his service by any deputy state fire marshal, any ex officio resident fire marshal, or any state or local governmental employee certified by the State Fire Marshal.
(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 the revocation of a certification for cause.
HISTORY: 1962 Code Section 37-80; 1958 (50) 1862; 1963 (53) 557; 1973 (58) 793; 1986 Act No. 347, Section 3; 1987 Act No. 155, Section 12; 2022 Act No. 170 (S.460), Section 5, eff May 16, 2022.
Effect of Amendment
2022 Act No. 170, Section 5, redesignated (a) and (b) as (A) and (B); made a nonsubstantive change in (A); rewrote (B); and added (C).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-35. Repealed.

HISTORY: Former Section, titled Handicapped ramps; fees and permits, had the following history: 2006 Act No. 341, Section 2, eff June 10, 2006. Repealed by 2022 Act No. 170, Section 12, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-40. Repealed.

HISTORY: Former Section, titled Duty of State Fire Marshal to enforce certain laws and ordinances, had the following history: 1962 Code Section 37-81; 1952 Code Section 37-81; 1947 (45) 322; 1960 (51) 1646; 1963 (53) 557. Repealed by 2022 Act No. 170, Section 12, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-45. Fire equipment dealer licenses and permits; proof of training; fees.

(A) An applicant for a Class A, B, C, D, or E fire equipment dealer license or permit, or both, shall provide proof of a current manufacturer's training certificate for each type of preengineered fire extinguishing system and meet additional fire and life safety requirements as set forth in regulation. However, if the applicant can provide proof of a current manufacturer's training certificate for at least one type of preengineered fire extinguishing system, the applicant may submit a sworn affidavit for each additional type of preengineered fire extinguishing system for which a license or permit, or both, is requested.
(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 and codes adopted by the South Carolina Building Codes Council. Any violation of the affidavit is grounds for the revocation of the fire equipment dealer license or the fire equipment permit, or both.
(C) The State Fire Marshal is authorized to charge a license fee for all classes of fire equipment licenses issued by the State Fire Marshal and a permit fee for all classes of fire equipment permits issued by the State Fire Marshal. Fees may be set by regulation not more than once each two years and must be based upon the costs of administering the provisions of this chapter and must give due regard to the time spent by division personnel in performing duties. The qualifications and requirements of licensees and permittees shall be contained in regulation.
HISTORY: 1991 Act No. 72, Section 1; 2006 Act No. 341, Section 1, eff June 10, 2006; 2022 Act No. 170 (S.460), Section 6, eff May 16, 2022.
Effect of Amendment
The 2006 amendment designated the first two sentences as subsection (A), the third and fourth sentences as subsection (B), and the fifth sentence as subsection (C); in subsection (B), in the first sentence deleted "manufacturer's parts and" preceding "provide" and "complete" preceding "compliance" and added the final clause starting with ", and in complete compliance with"; and, in subsection (C), in the first sentence deleted "of one hundred dollars" following "license fee" and "of twenty-five dollars" following "permit fee" and added the second and third sentences relating to fees.
2022 Act No. 170, Section 6, rewrote the section, providing for the issuance of additional classes of licenses and permits and providing certain requirements.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-50. Authority to inspect buildings or premises.

(A) The State Fire Marshal shall have authority at all times of the day or night, in the performance of duties imposed by this chapter, to enter upon and examine any building or premises where any fire or explosion has occurred and other adjoining buildings or premises. Provided, that the State Fire Marshal may enter a private dwelling or premise only with the permission of the owner or occupant, or if:
(1) there is probable cause to believe that a violation of the provisions respecting fire laws exists;
(2) there exists imminent danger to the occupants thereof or imminent danger of arson; or
(3) a fatality or serious injury has occurred as a result of a fire, an explosion, or arson.
(B) The State Fire Marshal shall have authority at any reasonable hour to enter into any public building or premises or any building or premises used for public purposes to inspect for fire hazards.
(C) Nothing in this section shall restrict the authority of the State Fire Marshal from investigating any premises which has been damaged by a fire of suspicious cause within a reasonable period of time after the occurrence of such fire.
HISTORY: 1962 Code Section 37-82; 1952 Code Section 37-82; 1947 (45) 322; 1963 (53) 557; 1975 (59) 613; 2022 Act No. 170 (S.460), Section 7, eff May 16, 2022.
Effect of Amendment
2022 Act No. 170, Section 7, redesignated (a) to (c) as (A) to (C); and in (A), in the first sentence, substituted "or explosion has occurred and other adjoining buildings or premises" for "has occurred and other buildings or premises adjoining", rewrote the second sentence, and added (1) to (3).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-60. Repealed.

HISTORY: Former Section, titled Duty to require conformance with minimum fire prevention and protection standards, had the following history: 1962 Code Section 37-82.1; 1963 (53) 557; 1979 Act No. 190 Section 6; 1986 Act No. 347, Section 4; 1993 Act No. 181, Section 346. Repealed by 2022 Act No. 170, Section 12, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-65. Automatic fueling clips on self-service gasoline dispensers permitted.

Automatic fueling clips on self-service gasoline dispensers that are permitted in the National Fire Protection Association Pamphlet 30A, 1987 Edition, are permitted to be used in this State. The Division of the State Fire Marshal shall promulgate regulations necessary to implement the provisions of this section.
HISTORY: 1989 Act No. 200, Section 1; 1993 Act No. 181, Section 347.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-80. Service of order or penalty assessment.

The service of any order or penalty assessment as provided in this chapter shall be made by either delivering a true copy to the occupant or owner personally, or by registered or certified mail directed to the last known address of such parties, and, in case of service by mail, affixing a copy thereof in a conspicuous place on the door to the entrance of the premises.
HISTORY: 1962 Code Section 37-82.3; 1963 (53) 557.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-90. Power to subpoena witnesses and take testimony in fire investigation; perjury.

In the conduct of any investigation into the cause, origin, or loss resulting from any fire, the State Fire Marshal shall have the same power and rights relative to securing the attendance of witnesses and the taking of testimony under oath as is conferred upon the Director of the Insurance Department or his designee under Section 38-3-180. False swearing by any such witness shall be deemed to be perjury and shall be subject to punishment as such.
HISTORY: 1962 Code Section 37-82.4; 1963 (53) 557; 1993 Act No. 181, Section 349.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-100. Report of incendiary fires to police.

If, as the result of any such investigation or because of any information received by him, the State Fire Marshal is of the opinion that a fire is the result of the act of an incendiary the matter shall be brought to the attention of the local law enforcement officers having jurisdiction of the matter.
HISTORY: 1962 Code Section 37-82.5; 1963 (53) 557.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-110. Repealed.

HISTORY: Former Section, titled File of fire reports; public inspection; destruction, had the following history: 1962 Code Section 37-82.6; 1963 (53) 557. Repealed by 2022 Act No. 170, Section 12, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-120. Enforcement of chapter.

The State Fire Marshal shall see that the provisions of this chapter and regulations promulgated thereunder are faithfully executed.
HISTORY: 1962 Code Section 37-82.7; 1963 (53) 557; 1979 Act No. 190, Section 7.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-125. Authority of State Board of Pyrotechnic Safety.

This chapter does not repeal, amend, or otherwise affect the authority of the State Board of Pyrotechnic Safety or the regulation of fireworks, pursuant to Chapter 56, Title 40.
HISTORY: 2022 Act No. 170 (S.460), Section 8, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-130. Repealed.

HISTORY: Former Section, titled Dissemination of information relating to fires, had the following history: 1962 Code Section 37-82.8; 1963 (53) 557. Repealed by 2022 Act No. 170, Section 12, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-140. Expenses of forms, posters, reports and the like.

All forms, blanks, circulars, posters and such reports as may be required pursuant to the provisions of this chapter shall be furnished at the expense of the State.
HISTORY: 1962 Code Section 37-82.10; 1963 (53) 557.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-150. "Unsafe buildings" defined; procedure for procuring the repair or demolition of unsafe buildings.

All buildings or structures referred to in Section 23-9-20, except single-family dwellings, duplexes or one-story rooming houses, which are unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally in contemplation of this section, unsafe buildings. The use and occupancy of all such unsafe buildings is hereby declared illegal and such unsafe conditions shall be corrected by repair, rehabilitation or demolition in accordance with the following procedure:
(1) Whenever the State Fire Marshal shall find any building or structure or portion thereof to be unsafe, as defined in this section, he shall give the owner, agent or person in control of such building or structure written notice, stating the defects found to exist. The notice shall require the owner within a reasonable time as determined by the marshal to either complete specified repairs or improvements, or to demolish and remove the building or structure, or unsafe portion thereof. If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the State Fire Marshal.
(2) The marshal shall cause to be posted at each entrance to such building a notice as follows: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE STATE FIRE MARSHAL." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or its agents, to remove such notice without written permission of the State Fire Marshal, or for any person to enter the building except for the purpose of making the required repairs or demolishing such building.
(3) The owner, agent or person in control of any building subject to repair may appeal any decision of the Fire Marshal to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1. Emergency decisions of the fire marshal are not stayed pending appeal.
(4) If the owner, agent or person in control of a property cannot be found within the stated time limit or, if such owner, agent or person in control shall after notice fail, neglect or refuse to comply with notice to repair, rehabilitate, demolish or remove the building or structure or portion thereof, the State Fire Marshal shall cause such building, structure or portion thereof to be vacated and secured.
HISTORY: 1962 Code Section 37-82.11; 1972 (57) 2598; 1990 Act No. 535, Section 2; 1993 Act No. 181, Section 350.
Editor's Note
Section 23-9-40, previously referenced in the first undesignated paragraph, was repealed by 2022 Act No. 170, Section 12. See, now, Section 23-9-20.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-155. Installation of smoke detectors in apartments houses having no fire protection system; limitations on liability; promulgation of regulations.

Every dwelling unit within an apartment house having no fire protection system must be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74.
If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act.
If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act.
The Division of the State Fire Marshal shall promulgate regulations to carry out the provisions of this section.
Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor.
HISTORY: Former Section 23-45-160 [1986 Act No. 430, Section 40; 1988 Act No. 658, Part II, Section 25B] redesignated Section 23-9-155 by 1990 Act No. 528, Section 16; 1993 Act No. 181, Section 351.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-157. Notice of violation.

The State Fire Marshal or any of his authorized agents, when inspecting buildings or structures for compliance with applicable provisions of law or fire codes and finding violations of the same, must inform the owner of the building or structure in writing of the nature of the violation and a specific citation as to the particular statutory provision of law or provision of the applicable fire code on which the violation is based before any changes in the building or structure may be required or before any penalties authorized by law may be assessed.
HISTORY: 1990 Act No. 535, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-160. Emergency powers and duties of State Fire Marshal concerning unsafe buildings; lien for costs incurred.

The decision of the State Fire Marshal concerning unsafe structures is final in cases of emergency which, in his opinion, involve imminent danger to human life or health. He shall promptly cause the building, structure, or portion of it to be made safe or demolished. For this purpose he may immediately enter the structure or the land on which it stands, or abutting land or structures, with such assistance and at such cost as he may consider necessary. He may vacate adjacent structures and protect the public by appropriate fences or those other means as may be necessary and for this purpose may close a public or private way. Costs incurred, if not paid by the property owner, agent, or person in control, must be borne by the municipality if the subject property is located in a municipality or the county if the property is located outside municipal limits. Prior to the corrective action by the State Fire Marshal, written notice of it must be given to the county or municipality in which the property is located. Upon payment of the costs, the county or municipality shall acquire a lien on the property involved to recover the costs, which must be recorded in the office of the clerk of court or register of deeds in the county where the property is located, and the lien created is enforceable as a tax lien, junior in priority to any other prior recorded lien or mortgage on the property.
HISTORY: 1962 Code Section 37-82.12; 1972 (57) 2598; 1985 Act No. 201, Part II, Section 50.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-170. Interference with State Fire Marshal or his agents; injunctive relief.

Any person who interferes with the action of the Fire Marshal or his agents in the enforcement of his orders shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
The Fire Marshal is further authorized to obtain injunctive relief from an administrative law judge pursuant to Article 5 of Chapter 23 of Title 1 to prevent interference with his orders or the implementation thereof.
HISTORY: 1962 Code Section 37-82.13; 1972 (57) 2598; 1993 Act No. 181, Section 352.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-180. Staying emergency orders of State Fire Marshal.

The orders of the Fire Marshal in a situation determined by him to be an emergency and dangerous to public safety shall not be stayed by order of an administrative law judge pursuant to Article 5 of Chapter 23 of Title 1 pending a hearing on the merits of an appeal from such an order.
HISTORY: 1962 Code Section 37-82.14; 1972 (57) 2598; 1993 Act No. 181, Section 353.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-190. Determining eligibility for income tax deduction by volunteer firefighters, rescue squad members, and Hazardous Materials Response Team members.

(A) The State Fire Marshal shall establish a performance-based point system for volunteer firefighters, volunteer rescue squad members, and volunteer members of a Hazardous Materials (HAZMAT) Response Team. Members receiving annually a minimum number of points set by the Fire Marshal are eligible for the deduction allowed pursuant to Section 12-6-1140. Points must be awarded for a year as follows:
(1) participation in approved training, including:
(a) certified interior firefighter;
(b) emergency vehicle driver training;
(c) pump operations;
(d) incident command systems;
(e) rural water supply;
(f) automobile extrication;
(g) certified instructor training;
(h) certified inspector training;
(i) certified public fire education training;
(j) officer training;
(k) HAZMAT operations;
(l) HAZMAT technician;
(m) HAZMAT specialist.
(2) possessing a commercial or Class E driver's license;
(3) participation in first aid/medical training such as:
(a) first responder;
(b) EMT-basic;
(c) EMT-intermediate;
(d) paramedic.
(4) participation in public fire education programs;
(5) attendance at meetings;
(6) station staffing; and
(7) volunteer response.
(B) The Fire Marshal shall, in consultation with the South Carolina State Firemen's Association and in the case of volunteer HAZMAT teams, county emergency services directors:
(1) develop a standardized form and recordkeeping system and provide a master copy of all information and forms to each fire department, rescue squad, and HAZMAT Response Team in the State;
(2) provide training to the various fire chiefs or rescue squad leaders and county emergency services directors on the use of the forms and the outline of the program;
(3) advertise the availability of the program.
(C) The local fire chief/rescue squad leader and county emergency services director shall:
(1) provide written records to each member by January 31 of the year following the applicable tax year that shows the points obtained by each member for the previous tax year;
(2) maintain a copy of records for each member for at least seven years;
(3) certify the report for each member;
(4) provide to the Department of Revenue by January 31 of the year following the applicable tax year copies of the records forwarded to members pursuant to item (1) of this subsection. Each member's social security number must be included in the copies forwarded to the department.
HISTORY: 1999 Act No. 100, Part II, Section 23; 2002 Act No. 363, Section 3B.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 9 - State Fire Marshal › Section 23-9-195. Community fireworks display license.

The sponsor of a community fireworks display using consumer fireworks may petition the State Fire Marshal, Department of Labor, Licensing and Regulation for a license to hold the display. The license must be granted if:
(1) the county in which the event is to be held has a population of less than thirty thousand;
(2) the governing body of the unincorporated county or the municipality in which the event is to be held approves the display through an ordinance or resolution;
(3) the sponsor is a volunteer nonremunerated individual, group of individuals, or a community organization;
(4) the sponsor can document the presence of police and fire rescue at the event;
(5) the sponsor can provide proof of insurance for the event; and
(6) the sponsor can demonstrate experience in hosting similar events, using similar nonremunerated volunteers without incident.
The State Fire Marshal, Department of Labor, Licensing and Regulation, may charge and retain a fee for the petition equal to the cost of the application fee of other similar filings.
HISTORY: 2016 Act No. 218 (S.1252), Section 1, eff June 3, 2016.