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.
Structure 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.
Section 23-9-20. Statewide jurisdiction and authority; duties; issuance of citations.
Section 23-9-30. Resident fire marshals; persons who may act under authority of State Fire Marshal.
Section 23-9-45. Fire equipment dealer licenses and permits; proof of training; fees.
Section 23-9-50. Authority to inspect buildings or premises.
Section 23-9-65. Automatic fueling clips on self-service gasoline dispensers permitted.
Section 23-9-80. Service of order or penalty assessment.
Section 23-9-90. Power to subpoena witnesses and take testimony in fire investigation; perjury.
Section 23-9-100. Report of incendiary fires to police.
Section 23-9-120. Enforcement of chapter.
Section 23-9-125. Authority of State Board of Pyrotechnic Safety.
Section 23-9-140. Expenses of forms, posters, reports and the like.
Section 23-9-157. Notice of violation.
Section 23-9-170. Interference with State Fire Marshal or his agents; injunctive relief.
Section 23-9-180. Staying emergency orders of State Fire Marshal.
Section 23-9-195. Community fireworks display license.
Section 23-9-197. Firefighter Cancer Health Care Benefit Plan.
Section 23-9-210. Creation of Program; advisory committee; laboratory services.
Section 23-9-220. Duties and responsibilities.
Section 23-9-230. Powers of investigators and of program.
Section 23-9-310. Board of trustees of firemen's insurance and inspection fund.
Section 23-9-350. Enactment of ordinance providing for building and inspection code required.
Section 23-9-380. Annual certificate of existence of fire department; penalty for failure to file.
Section 23-9-410. Distribution of funds collected on insurance premiums; use of funds.
Section 23-9-450. Disbursements of funds from firemen's insurance and inspection fund; approval.
Section 23-9-460. Purposes for which funds may be expended; restrictions on use.
Section 23-9-510. Short title.
Section 23-9-520. Establishment of the South Carolina Hydrogen Permitting Program; purposes.
Section 23-9-530. Definitions.