(A) The State Fire Marshal shall have jurisdiction and authority statewide, on behalf of the State, in matters including, but not limited to, the following functions and activities provided the aforementioned jurisdiction and authority does not, and is not intended to supersede the authority granted to the State Board of Pyrotechnic Safety relating to the manufacture, sale, and storage of fireworks described in Sections 40-56-1, et seq.:
(1) the enforcement of all laws and ordinances of the State with reference to the following:
(a) the prevention of fires;
(b) the storage, sale, and use of combustibles and explosives;
(c) the installation and maintenance of fire alarm systems and fire extinguishing systems and equipment;
(d) the means of egress from all buildings, except for one-family and two-family dwellings, unless otherwise required or permitted through law or regulation;
(e) the investigation of the cause, origin, and circumstances of a fire;
(f) conformance with fire prevention and protection codes and standards, based upon nationally recognized codes and standards, as may be prescribed by law or regulation for the prevention of fires and the protection of life and property;
(g) the facilitation of the reporting of fires through the National Fire Incident Reporting System;
(h) the collection of information concerning the causes, prevention, and reduction of damage from fire and other forms of community loss. The Office of State Fire Marshal, from time to time, may disseminate this information in an appropriate manner as needed to aid in public protection or the training of firefighters; and
(i) other fire-related activities not inconsistent with the mission of State Fire or otherwise prescribed by law;
(2) the enforcement of the laws and regulations of the Liquefied Petroleum Gas Board and the South Carolina Hydrogen Permitting Program;
(3) the employment and supervision of personnel necessary to carry out the duties of his office;
(4) the implementation of licensing, permitting, and certification programs, based upon nationally recognized codes and standards, and the promulgation of regulations, not to include the manufacture, sale, or storage of fireworks as regulated by the State Board of Pyrotechnic Safety, for:
(a) explosives in accordance with Chapter 36, Title 23;
(b) pyrotechnic displays and shooters;
(c) fire protection systems and all classes of equipment; and
(d) persons performing fire inspections under the authority of Section 23-9-30;
(5) the promulgation of fire prevention and protection regulations, based upon nationally recognized codes and standards, for the protection of the life and property of the residents of this State from fire; and
(6) the administrative and operational responsibilities for all program areas of State Fire, including the Office of State Fire Marshal, the State Fire Academy, and the Emergency Response Task Force.
(B) The Office of State Fire Marshal may issue an administrative citation for any violation of this chapter or the fire code. Service of the citation may be in person or by certified mail. Except that, the Office of State Fire Marshall shall not issue a separate administrative citation, under the authority of this chapter, for violations of the licensing requirements and regulations promulgated by the State Board of Pyrotechnic Safety regarding the manufacture, sale, and storage of fireworks.
(C) The Office of State Fire Marshal may issue separate citations for each violation. However, no more than one thousand dollars in administrative penalties may be assessed for each violation. For a first offense, a written order specifying the code violations that need to be corrected and specifying a time frame for the corrections must be issued. The time frame to complete the corrections is thirty days, unless a finding is made that the violation impacts the health, safety, or welfare of the public and that an imminent threat of harm exists if the violation is not immediately abated. If the violations are not corrected within the time allotted, then an administrative penalty may be assessed.
(D) An entity or individual assessed an administrative penalty by the Office of State Fire Marshal may appeal the penalty to the State Fire Marshal, or his designee, within ten days of the receipt of the citation. If no appeal is filed, then the citation is deemed a final order, and the penalties must be paid within thirty days of the receipt of the citation. The State Fire Marshal may enforce any order by filing a civil action through the administrative law court, in the name of the State, for injunctive relief against a person who violates this article, a regulation promulgated under this article, or a final order.
(E) All fines collected under this section by the Office of State Fire Marshal must be remitted by the Office of State Fire Marshal and deposited in a special fund established for State Fire to defray the administrative costs associated with this article.
(F) Nothing in this section prohibits the State Fire Marshal from exercising the statutory authority outlined in Section 23-9-70.
HISTORY: 1962 Code Section 37-86.1; 1969 (56) 77; 1979 Act No. 190 Section 5; 1987 Act No. 155, Section 11; 2010 Act No. 254, Section 2, eff upon approval (became law without the Governor's signature on June 14, 2010); 2022 Act No. 170 (S.460), Section 2, eff May 16, 2022.
Effect of Amendment
The 2010 amendment rewrote this section.
2022 Act No. 170, Section 2, rewrote the section.
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.