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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, AS AMENDED, 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, 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 in individual cases may 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.
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