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.
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.