The decision of the State Fire Marshal concerning unsafe structures is final in cases of emergency which, in his opinion, involve imminent danger to human life or health. He shall promptly cause the building, structure, or portion of it to be made safe or demolished. For this purpose he may immediately enter the structure or the land on which it stands, or abutting land or structures, with such assistance and at such cost as he may consider necessary. He may vacate adjacent structures and protect the public by appropriate fences or those other means as may be necessary and for this purpose may close a public or private way. Costs incurred, if not paid by the property owner, agent, or person in control, must be borne by the municipality if the subject property is located in a municipality or the county if the property is located outside municipal limits. Prior to the corrective action by the State Fire Marshal, written notice of it must be given to the county or municipality in which the property is located. Upon payment of the costs, the county or municipality shall acquire a lien on the property involved to recover the costs, which must be recorded in the office of the clerk of court or register of deeds in the county where the property is located, and the lien created is enforceable as a tax lien, junior in priority to any other prior recorded lien or mortgage on the property.
HISTORY: 1962 Code Section 37-82.12; 1972 (57) 2598; 1985 Act No. 201, Part II, Section 50.
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.