S*1487 Session 108 (1989-1990)
S*1487(Rat #0656, Act #0535 of 1990) General Bill, By W.R. Lee
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 5
to Chapter 9, Title 23 so as to provide for the State Fire Marshal Board of
Appeals and its members and powers; to amend Section 23-9-150, relating to
buildings declared to be unsafe by the State Fire Marshal, so as to delete an
appeal to a court of competent jurisdiction and provide that emergency
decisions of the Fire Marshal are not stayed pending appeal to the Appeals
Board; to provide for the appointment and terms of the initial members of the
Board; and to amend the 1976 Code by adding Section 23-9-155 so as to provide
the requirements of the State Fire Marshal and his agents before changes in a
building or structure are required or penalties are assessed.-amended title
04/04/90 Senate Introduced and read first time SJ-7
04/04/90 Senate Referred to Committee on Finance SJ-7
04/17/90 Senate Committee report: Favorable with amendment
Finance SJ-14
04/19/90 Senate Amended SJ-65
04/19/90 Senate Read second time SJ-70
04/19/90 Senate Ordered to third reading with notice of
amendments SJ-70
04/24/90 Senate Read third time and sent to House SJ-16
04/25/90 House Introduced, read first time, placed on calendar
without reference HJ-26
05/03/90 House Amended HJ-23
05/03/90 Senate Objection by Rep. McLeod, G. Brown & Smith SJ-24
05/10/90 House Objection withdrawn by Rep. Smith & McLeod HJ-30
05/10/90 House Objection withdrawn by Rep. G. Brown HJ-31
05/10/90 House Amended HJ-63
05/10/90 House Read second time HJ-65
05/10/90 House Unanimous consent for third reading on next
legislative day HJ-65
05/11/90 House Read third time and returned to Senate with
amendments HJ-4
05/16/90 Senate House amendment amended SJ-5
05/16/90 Senate Returned to House with amendments SJ-6
05/30/90 House Concurred in Senate amendment and enrolled HJ-34
06/05/90 Ratified R 656
06/07/90 Signed By Governor
06/07/90 Effective date 06/07/90
06/07/90 Act No. 535
07/06/90 Copies available
(A535, R656, S1487)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE
MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION
23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE
FIRE MARSHAL, SO AS TO DELETE AN APPEAL TO A COURT OF COMPETENT
JURISDICTION AND PROVIDE THAT EMERGENCY DECISIONS OF THE FIRE MARSHAL
ARE NOT STAYED PENDING APPEAL TO THE APPEALS BOARD; TO PROVIDE FOR THE
APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD; AND TO
AMEND THE 1976 CODE BY ADDING SECTION 23-9-155 SO AS TO PROVIDE THE
REQUIREMENTS OF THE STATE FIRE MARSHAL AND HIS AGENTS BEFORE CHANGES
IN A BUILDING OR STRUCTURE ARE REQUIRED OR PENALTIES ARE ASSESSED.
Be it enacted by the General Assembly of the State of South Carolina:
State Fire Marshal Appeals Board
SECTION 1. Chapter 9, Title 23 of the 1976 Code is amended by
adding:
"Article 5
State Fire Marshal Appeals Board
Section 23-9-510. The State Fire Marshal Board of Appeals is
created and is composed of nine members appointed by the Governor upon
the advice and consent of the Senate. The appeals board includes one
registered architect, one member of the South Carolina State Fire
Commission appointed by its chairman, one general contractor, one
certified building inspector, one consumer, one registered electrical
engineer, one speciality licensed contractor, one building materials
supplier, and one structural engineer. Not more than one type of
profession or occupation may be represented on the board.
The terms of the members are four years and until their
successors are appointed and qualify. Vacancies must be filled in the
manner of the original appointments for the unexpired portion of the
term only. The Governor shall appoint the chairman. At the first
meeting in each year the appeals board shall elect a vice-chairman and
other officers the appeals board considers necessary and adopt
appropriate rules of procedure.
In addition to the appointed members of the State Fire Marshal
Appeals Board, one member of the House of Representatives appointed by
the Speaker of the House and one member of the Senate appointed by the
President of the Senate shall serve as ex officio members of this
appeals board for terms coterminous with those of their elected terms
of office.
Section 23-9-520. (A) The members of the State Fire Marshal
Appeals Board shall receive mileage, subsistence, and per diem as
provided by law for members of state boards, committees, and
commissions for attendance at board meetings or when engaged in
business of the appeals board, payable from appropriations made from
the general fund of the State upon the issuance of vouchers signed by
the chairman of the appeals board.
(B) The appeals board shall meet within sixty days after notice
of appeal has been received or at other times upon call of the
chairman. Four members constitute a quorum for the conduct of
business.
(C) The Division of State Fire Marshal of the State Budget and
Control Board shall provide administrative support and other
assistance as may be necessary to carry out the purposes of this
article.
Section 23-9-530. (A) The State Fire Marshal Appeals Board
may hear appeals from a municipality, county, or state agency or an
owner or occupant, or contractor of premises directly affected or
aggrieved by a decision of the State Fire Marshal issued in accordance
with Section 23-9-150 or any decision of the fire marshal issued
enforcing or interpreting regulations promulgated by the fire
commission. Notice of appeal must be in writing, must contain the
specific grounds of appeal, and must be served by mail or otherwise on
the fire marshal within thirty days after the decision appealed from
is rendered.
(B) The hearing before the appeals board and the final decision
or order of the appeals board must be in compliance with Chapter 23,
Title 1.
(C) The appeals board upon hearing the appeal may modify or
reverse any decision rendered by the fire marshal in a case when, in
the appeals board's opinion, the decision is unjust and is contrary to
the purpose of the regulations promulgated by the fire commission or
is contrary to the public interest.
(D) All appeals from a decision of the appeals board must be in
accordance with Chapter 23, Title 1.
(E) Before a hearing is scheduled before the appeals board, the
fire marshal or his designee shall contact the appellant to review and
resolve the appeal informally, if possible, in a manner consistent
with applicable regulations or law governing fire and life safety
codes. This review must be scheduled within thirty days of the notice
of appeal.
If a review is not resolved by mutual agreement, the fire marshal
or his designee promptly shall issue a review decision within ten days
stating the reason for the action taken. If the appellant does not
accept the review decision by the fire marshal, he shall request a
hearing before the appeals board within twenty days of receipt of the
review decision, or the review decision is final and conclusive.
(F) The fire marshal or his designee may resolve code violations
as specified in the 1988 Southern Standard Building Code and as
outlined in Section 102.6, Alternate Material and Methods, and Section
101.5, Existing Conditions. Attempts to resolve appeals must include
code and section interpretations from the Southern Building Code
Congress or the National Fire Protection Associations, or both of
them, as appropriate, of the individual case for evidence.
Independent, competent cost analysis must be supplied by the appellant
in a signed statement that details the equipment, materials, and labor
necessary to achieve compliance with stated violations.
(G) Nothing in this chapter shall be construed to require an
appellant to be represented by legal counsel during any phase of the
appeals process.
(H) The State Fire Marshal Appeals Board must annually submit to
the Budget and Control Board and each house of the General Assembly a
list of those cases heard on appeal during the previous year, the
actions taken on these cases, and a brief summary of these
cases."
Appeal procedures; emergency decisions
SECTION 2. Section 23-9-150 of the 1976 Code is amended to read:
"Section 23-9-150. All buildings or structures referred
to in Section 23-9-40, 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 unsafe buildings is illegal, and the unsafe conditions
must be corrected by repair, rehabilitation, or demolition in
accordance with the following procedure:
(1) Whenever the State Fire Marshal finds a building, structure,
or portion of a building or structure to be unsafe, as defined in this
section, he shall give the owner, agent, or person in control of the
building or structure written notice stating the defects found to
exist. The notice must require the owner within a reasonable time as
determined by the fire marshal to either complete specified repairs or
improvements or to demolish and remove the building, structure, or
unsafe portion of the building or structure.
If necessary, the notice also must require the building,
structure, or portion of the building or structure to be vacated
immediately and not reoccupied until the specified repairs and
improvements are completed, inspected, and approved by the fire
marshal.
(2) The fire marshal shall cause to be posted at each entrance
to the building a notice as follows: 'THIS BUILDING IS UNSAFE AND ITS
USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE STATE FIRE MARSHAL.' The
notice must remain posted until the required repairs are made or
demolition is completed. It is unlawful for a person, firm, or
corporation or its agents to remove the notice without written
permission of the fire marshal, or for a person to enter the building
except for the purpose of making the required repairs or demolishing
the building.
(3) The owner, agent, or person in control of a building subject
to repair may appeal as provided in Section 23-9-530. Emergency
decisions of the fire marshal are not stayed pending appeal to the
appeals board.
(4) If the owner, agent, or person in control of a property
cannot be found within the stated time limit or, if the owner, agent,
or person in control, after notice, fails, neglects, or refuses to
comply with notice to repair, rehabilitate, demolish, or remove the
building, structure, or portion of the building or structure, the fire
marshal shall cause the building, structure, or portion of the
building or structure to be vacated and secured."
Initial members; appointment and terms
SECTION 3. The members of the State Fire Marshal Appeals Board
must be appointed within ninety days after this act's effective date,
and their terms are as follows:
(1) registered architect, certified building inspector, and
consumer: one year;
(2) member of the South Carolina State Fire Commission, general
contractor, and registered electrical engineer: two years;
(3) specialty licensed contractor, building materials supplier,
and structural engineer: three years.
Requirements before changes or penalties
SECTION 4. The 1976 Code is amended by adding:
"Section 23-9-155. 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."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 7th day of June, 1990.
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