(A) The State Fire Marshal shall have authority at all times of the day or night, in the performance of duties imposed by this chapter, to enter upon and examine any building or premises where any fire or explosion has occurred and other adjoining buildings or premises. Provided, that the State Fire Marshal may enter a private dwelling or premise only with the permission of the owner or occupant, or if:
(1) there is probable cause to believe that a violation of the provisions respecting fire laws exists;
(2) there exists imminent danger to the occupants thereof or imminent danger of arson; or
(3) a fatality or serious injury has occurred as a result of a fire, an explosion, or arson.
(B) The State Fire Marshal shall have authority at any reasonable hour to enter into any public building or premises or any building or premises used for public purposes to inspect for fire hazards.
(C) Nothing in this section shall restrict the authority of the State Fire Marshal from investigating any premises which has been damaged by a fire of suspicious cause within a reasonable period of time after the occurrence of such fire.
HISTORY: 1962 Code Section 37-82; 1952 Code Section 37-82; 1947 (45) 322; 1963 (53) 557; 1975 (59) 613; 2022 Act No. 170 (S.460), Section 7, eff May 16, 2022.
Effect of Amendment
2022 Act No. 170, Section 7, redesignated (a) to (c) as (A) to (C); and in (A), in the first sentence, substituted "or explosion has occurred and other adjoining buildings or premises" for "has occurred and other buildings or premises adjoining", rewrote the second sentence, and added (1) to (3).
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.