H*4750(Rat #0603, Act #0524)  General Bill, By Littlejohn, Bailey and Walker
 A Bill 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.-amended title

   02/16/94  House  Introduced and read first time HJ-23
   02/16/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-23
   05/04/94  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-5
   05/24/94  House  Read second time HJ-18
   05/25/94  House  Objection by Rep. Gonzales HJ-11
   05/25/94  House  Read third time and sent to Senate HJ-12
   05/25/94  Senate Introduced and read first time SJ-9
   05/25/94  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-9
   05/26/94  Senate Recalled from Committee on Labor, Commerce and
                     Industry SJ-117
   05/27/94  Senate Read second time SJ-32
   05/27/94  Senate Ordered to third reading with notice of
                     amendments SJ-32
   06/01/94  Senate Amended SJ-110
   06/01/94  Senate Read third time and returned to House with
                     amendments SJ-113
   06/01/94  House  Concurred in Senate amendment and enrolled HJ-342
   06/02/94         Ratified R 603
   10/05/94         Signed By Governor
   10/05/94         Effective date 07/01/95
   11/01/94         Copies available

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:

"Article 11

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."

Time effective

SECTION 2. This act takes effect July 1, 1995.

Approved the 5th day of October, 1994.