South Carolina General Assembly

116th Session, 2005-2006

A341, R446, S1162

STATUS INFORMATION

General Bill

Sponsors: Senators Grooms, Reese and Verdin

Document Path: l:\council\bills\nbd\12165ac06.doc

Companion/Similar bill(s): 4736

Introduced in the Senate on February 21, 2006

Introduced in the House on March 30, 2006

Last Amended on May 24, 2006

Passed by the General Assembly on May 31, 2006

Governor's Action: June 10, 2006, Signed

Summary: Fire equipment

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

2/21/2006 Senate Introduced and read first time SJ14

2/21/2006 Senate Referred to Committee on Judiciary SJ14

2/21/2006 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, Lourie

2/22/2006 Scrivener's error corrected

3/22/2006 Senate Committee report: Favorable with amendment Judiciary SJ21

3/23/2006 Scrivener's error corrected

3/29/2006 Senate Amended SJ23

3/29/2006 Senate Read second time SJ23

3/30/2006 Senate Read third time and sent to House SJ8

3/30/2006 House Introduced and read first time HJ37

3/30/2006 House Referred to Committee on Labor, Commerce and Industry HJ37

5/17/2006 House Committee report: Favorable Labor, Commerce and Industry HJ3

5/24/2006 House Amended HJ18

5/24/2006 House Read second time HJ19

5/25/2006 House Read third time and returned to Senate with amendments HJ11

5/31/2006 Senate Concurred in House amendment and enrolled SJ8

6/7/2006 Ratified R 446

6/10/2006 Signed By Governor

6/14/2006 Copies available

6/14/2006 Effective date 06/10/06

6/16/2006 Act No.341

VERSIONS OF THIS BILL

2/21/2006

2/22/2006

3/22/2006

3/23/2006

3/29/2006

5/17/2006

5/24/2006

(A341, R446, S1162)

AN ACT TO AMEND SECTION 23945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY INSTALLATION AND MAINTENANCE REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT FEES FOR EQUIPMENT LICENSES AND PERMITS MAY BE SET BY THE DIVISION OF STATE FIRE MARSHAL IN REGULATION AND MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTYFIVE DOLLARS FOR PERMITS; TO ADD SECTION 23-9-35 SO AS TO AUTHORIZE THE DIVISION OF STATE FIRE MARSHAL TO CONSTRUCT HANDICAPPED RAMPS WITHOUT INCURRING FEES OR SECURING A PERMIT FOR CONSTRUCTING SUCH RAMPS; AND TO ADD SECTION 6-9-14 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM CHARGING A PERMIT FEE OR REQUIRE A PERMIT FOR A WHEELCHAIR RAMP BUILT WITH MEDICARE OR MEDICAID FUNDS IF THE CONSTRUCTION IS PERFORMED, OVERSEEN, OR INSPECTED BY AN AMERICANS WITH DISABILITIES ACT INSPECTOR.

Be it enacted by the General Assembly of the State of South Carolina:

Equipment license and permit requirements; fees

SECTION 1. Section 23945 of the 1976 Code, as added by Act 72 of 1991, is amended to read:

“Section 23945. (A) An applicant for a Class D fire equipment dealer license or a Class D fire equipment permit, or both, shall provide proof of a current manufacturer’s training certificate for each type of preengineered fire extinguishing system. However, if the applicant can provide proof of a current manufacturer’s training certificate for at least one type of preengineered fire extinguishing system, the applicant may submit a sworn affidavit for each additional type of preengineered fire extinguishing system for which a license or permit, or both, is requested.

(B) The affidavit shall attest to the applicant’s ability to obtain the proper manufacturer’s installation and maintenance manuals and provide testament that all installations and maintenance shall be performed in compliance with the manufacturer’s installation and maintenance manuals, with the exception of the manufacturer’s training certificate, and in compliance with National Fire Protection Association standards 10, 11, 12, 13, 17, 17A, 96, 211, and 2001, as they exist as of January 1, 2006, including the use of replacement parts listed in conformity with National Fire Protection Association standards. Any violation of the affidavit is grounds for the revocation of the Class D fire equipment dealer license or the Class D fire equipment permit, or both.

(C) The Division of State Fire Marshal is authorized to charge a license fee for all class fire equipment licenses issued by the Division of State Fire Marshal and a permit fee for all class fire equipment permits issued by the Division of State Fire Marshal. Fees may be set by regulation not more than once each two years and must be based upon the costs of administering the provisions of this chapter and must give due regard to the time spent by division personnel in performing duties. The initial fees established by the State Fire Marshal may not exceed one hundred dollars for licenses and twentyfive dollars for permits.”

No fees or permits for handicapped ramps constructed by Division of State Fire Marshal

SECTION 2. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:

“Section 23935. The Division of State Fire Marshall is authorized to construct and place handicapped ramps without incurring fees or securing a permit for the construction and placement of handicapped ramps.”

No fees or permits for certain handicapped ramp construction

SECTION 3. Chapter 9, Title 6 of the 1976 Code is amended by adding:

“Section 6914. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector.”

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 10th day of June, 2006.

______

3