South Carolina

Section 41-19-10. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-20. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-30. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-40. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-50. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-60. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-70. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-80. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-19-90. Repealed by 1996 Act No. 289, Section 1, eff May 6, 1996.

Section 41-21-110. Junior firefighters program.

(A) The Director of the Department of Labor, Licensing and Regulation, in cooperation with the State Firefighters Association, may establish a junior firefighters program, consistent with all applicable state and federal child labor laws, for the purpose of encouraging, educating, and training qualified youth to enter the fire service as a career. Notwithstanding any other provision of law, qualified youth under eighteen years of age shall be allowed to participate in training activities offered by local fire departments, the Office of the State Fire Marshall, and the Department of Labor, Licensing and Regulation. As used in this subsection, the term "qualified youth" means an uncompensated fire department or rescue squad member who is between fourteen and eighteen years of age.

(B) Participants in the junior firefighters program are not considered employees of the State and are not considered eligible for unemployment compensation upon termination from the program; however, participants are entitled to all other work benefits, including workers' compensation or its equivalent.

Article 1. RATES OF CONTRIBUTIONS

Section 41-31-5. Definitions.

[Section effective January 1, 2011.]

As used in this chapter:

(1) "Benefit ratio" means:

(a) for the period of January 1, 2011, through December 31, 2013, the number calculated by dividing the average of all benefits charged to an employer during the forty calendar quarters immediately preceding the calculation date by the employer's average taxable payroll during the same period. If fewer than forty but more than four calendar quarters of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually on July first to the sixth decimal place;

(b) from January 1, 2014, the number calculated by dividing the average of all benefits charged to an employer during the twelve calendar quarters immediately preceding the calculation date by the employer's average taxable payroll during the same period. If fewer than twelve but more than four calendar quarters of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually on July first to the sixth decimal place.

(2) "Department" means the Department of Employment and Workforce.

(3) "Statewide average required rate" means the amount of income projected to be needed by the unemployment insurance trust fund for the upcoming calendar year divided by the estimated taxable wages over the same period rounded to the sixth decimal place.

(4) "Statewide average interest surcharge" means the amount of income projected to be needed to pay interest on outstanding federal advances during the upcoming calendar year divided by the estimated taxable wages for the upcoming calendar year.

Section 41-31-10. General rate of contribution.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title.

Section 41-31-20. Employers' accounts.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) The department shall maintain a separate account for each employer and shall credit the account of each with all the contributions paid on his behalf, but nothing in Chapters 27 through 41 of this title shall be construed to grant any employer or individual in his service prior claims or rights to the amounts paid by him into the fund either on his behalf or on behalf of such individuals. Benefits paid to an eligible individual shall be charged, in the amounts provided in Chapters 27 through 41 of this title, against the accounts of his most recent employer. No employer shall be deemed as the most recent employer for the purpose of this section unless the eligible person to whom benefits are paid earned wages in the employ of the employer equal to at least eight times the weekly benefit amount of the eligible claimant.

(B) Any two or more qualified employers in the same or a related trade, occupation, profession, or enterprise, or having a common financial interest may apply to the department to establish a joint account or to merge their several individual accounts in a joint account. The department shall promulgate regulations for the establishment, maintenance, and dissolution of joint accounts. A joint account shall be maintained as if it constituted a single employer's account.

(C) The department shall promulgate regulations concerning the manner in which benefits shall be charged against the accounts of several employers for whom an individual performed employment at the same time. However, in the event benefits paid to an individual are based on wages paid by one or more employers who were liable for payments in lieu of contributions and on wages paid by one or more employers who were liable for payment of contributions, the amount in benefits charged to the account of the most recent employer shall not exceed the amount of benefits which would have been paid solely by reason of the base period wages paid by employers who were liable for payment of contributions.

(D) Nothing in this article shall be construed to limit benefits payable pursuant to Chapter 35 of this title.

Section 41-31-30. Classification of employers.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The department shall annually classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts to set contribution rates that reflect the employer's experience. The department shall determine the contribution rate of each employer in accordance with the requirements of Sections 41-31-20 to 41-31-70.

Section 41-31-40. Base rate computation periods.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer's base rate is less than the rate applicable for rate class thirteen until there have been twelve consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twelve consecutive calendar months of coverage after first becoming liable for contributions during the current calendar year shall have a base rate computed on the basis of his record up through the next occurring June thirtieth, with that base rate being effective for the next calendar year beginning in January.

Section 41-31-45. Debt status estimates; promulgation of regulations.

[Section effective January 1, 2011.]

(A) For the purposes of this section:

(1) "Average high cost multiple" means the number of years the department could pay unemployment compensation, based upon the statewide reserve ratio, if the department paid the compensation at a rate equivalent to the average benefit cost rate in the three calendar years during the previous twenty calendar years, or the last three recessions, in which the benefit cost rates were the highest.

(2) "Benefit cost rate" means the rate determined by dividing the unemployment compensation benefits paid during a calendar year by the total covered wages in the State during that year. The calculation of the benefit cost rate may not include the wages and unemployment compensation paid by employers covered under Section 3309 of the Internal Revenue Code of 1986.

(3) "Income needed to pay benefits" means the estimate of benefits payable in a given calendar year less the estimate of interest to be earned by the unemployment insurance trust fund for that calendar year.

(4) "Statewide reserve ratio" means the ratio determined by dividing the balance in the trust fund reserve as of June thirtieth by the total covered wages for the previous twelve months in the State as of June thirtieth. The calculation of the statewide reserve ratio may not include the wages and unemployment compensation paid by employers covered under Section 3309 of the Internal Revenue Code of 1986.

(5) "Fund adequacy target" means an average high-cost multiple of one.

(6) "Trust fund reserve" excludes distributions from the federal government pursuant to 42 U.S.C. 1103, commonly referred to as the Reed Act.

(B) For each calendar year during which the state Unemployment Insurance Trust Fund is in debt status, the department must estimate the amount of income necessary to pay benefits for that year, the amount of income necessary to avoid automatic FUTA credit reductions, and an amount of income necessary to repay all outstanding federal loans within five years. Additional estimates of interest costs shall be determined concurrently.

(1) Estimates of the revenue needed to pay benefits will be based on Congressional Budget Office projections for the subsequent calendar year's total unemployment rate. This total unemployment rate will be adjusted for South Carolina based on the historic relationship between the unemployment rate in South Carolina and the national unemployment rate calculated from 1980 to present.

(2) The historic relationship, calculated from 1980 to present, between the total unemployment rate and the insured unemployment rate in South Carolina will be used to adjust the projected total unemployment rate to the rate of insured unemployment.

(3) Estimates of forecasted benefits will be based upon the prior three year average of the annual number of weeks compensated multiplied by an estimate of the average weekly benefit for the next year.

(4) Estimates of amounts to pay to avoid FUTA credit reductions and amount of repayments on the loan will be projected through consultation with officials at the US Department of Labor.

(C) After the fund returns to solvency, the department must promulgate regulations concerning the income needed to pay benefits in each year and return the trust fund to an adequate level as defined in subsection (A)(5).

Section 41-31-50. Determination of base rates.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Each employer eligible for a rate computation shall have his base rate determined in the following manner:

(1)(a)(i) Annually the department must calculate a contribution rate for each employer qualified for an experience rating. The contribution rate must correspond to rate calculated for the employer's benefit ratio class.

(ii) To determine an employer's benefit ratio rank, the department must list all employers by increasing benefit ratios, from the lowest benefit ratio to the highest benefit ratio. The list must be divided into classes ranked one through twenty. Each class must contain approximately five percent of the total taxable wages, excluding reimbursable employment wage, paid in covered employment during the four completed calendar quarters immediately preceding the computation date. Each employer must be placed in the class that corresponds with the employer's benefit ratio.

(iii) If an employer's taxable wages qualify the employer for two separate classes, the employer shall be afforded the class assigned the lower contribution rate. Employers with identical benefit ratios shall be assigned to the same class.

(b) The income needed to pay benefits for the calendar year plus any applicable income needed to reach the solvency target must be divided by the estimated taxable wages for the calendar year. The result rounded to the next higher one-hundredth of one percent is the average required rate needed to pay benefits and achieve solvency targets.

(c) The rate for class twenty will be set such that the entire schedule raises the income required to pay benefits for the year, as well as the income necessary to move the trust fund toward the solvency target, subject to the structure provided in this chapter. However, the rate for class twenty must be at least five and four-tenths percent.

(2)(a) If the calculated rate necessary for benefit rate class twenty exceeds five and four-tenths percent, then the rate for each preceding benefit rate class shall be equal to ninety percent of the rate calculated for the succeeding class, except that rate class twelve shall be set at one-fourth the rate calculated for class twenty, provided that the rate for class one shall be zero.

(b)(i) If the computed rate necessary for class twenty is less than five and four-tenths percent, then the rate for class twenty shall be set at five and four-tenths percent.

(ii) The rate for rate class twelve shall be calculated by multiplying the average tax rate computed in subsection (1)(b) by twenty, subtracting five and four-tenths percent, and dividing by nineteen.

(iii) The contribution rate for rate classes eleven through one shall be equal to ninety percent of the rate for the succeeding class, provided that the rate for class one shall be zero.

(iv) The contribution rate for class thirteen shall be equal to one hundred twenty percent of the rate calculated for rate class twelve.

(v) The contribution rate for rate class nineteen shall be set at an amount that allows for average contributions, beginning with class eighteen and ending with class fourteen, that are equal to ninety percent of the preceding class.

Section 41-31-55. Additional surcharges when fund insolvent; rates.

[Section effective January 1, 2011.]

(A) In any calendar year in which the state Unemployment Insurance Trust Fund is insolvent, the State shall impose additional surcharges on all employers to pay interest on the outstanding debt. The estimated amount of interest to be paid in the upcoming year will be divided by the estimated taxable payroll for the calendar year. The result rounded to the next higher one hundredth of one percent is the statewide average surcharge.

(B) The rate for class twenty will be set so that the entire schedule raises the income required to pay interest surcharges for the year, subject to the structure defined in subsection (A). The rate for each preceding benefit rate class shall be equal to ninety percent of the rate calculated for the succeeding class, except that the rate class twelve shall be set at one fourth the rate calculated for rate class twenty.

Section 41-31-60. Base rate where delinquent report received; no reduction in base rate permitted when execution for unpaid tax shall be outstanding.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of two and sixty-four hundredths percent must be assigned for the period to which the computation applies. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the higher rate must be assigned until the next computation date.

(B) No employer is permitted to pay his unemployment compensation tax at a reduced base rate for any quarter when a tax execution issued in accordance with Section 41-31-390 with respect to delinquent unemployment compensation tax for a previous quarter is unpaid and outstanding against the employer. If on the computation date upon which an employer's base rate is computed as provided in Section 41-31-40 there is an outstanding tax execution, a base rate of two and sixty-four hundredths percent must be assigned for the period to which the computation applies. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the highest base rate must be assigned until the next computation date or until such time as any outstanding tax execution has been paid.

Section 41-31-70. Account shall not be terminated on account of suspension of business for service in armed forces.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

If the department finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the majority stockholders into the Armed Forces of the United States, or any of its allies, or of the United Nations after January 1, 1951, such employer's account shall not be terminated; and, if the business is resumed and employment rendered within two years after the discharge or release from active duty in the armed forces of the person or persons, the employer's experience shall be deemed to have been continuous throughout that period. The benefit ratio of the employer shall be the amount calculated pursuant to Section 41-31-5, including benefits paid to any individual during the period the employer was in the armed forces, divided by his average annual payroll for the most recent year during the whole of which the employer has been in business and has rendered employment. This provision shall not be construed to authorize cash refunds and any adjustments required hereunder shall be only by credit certificate.

Section 41-31-80. Omitted by 2010 Act No. 234, Section 1, eff January 1, 2011.

Section 41-31-90. Effect of change of corporate name.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

In the event of a change of name by a corporation, without any change of ownership interest, the department may provide that the experience rating of the old corporation be continued by the new corporation.

Section 41-31-100. Successor by purchase, merger of the like of entire business as employer; notice.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues the acquired business, shall be deemed to be a successor to the predecessor from whom the business was acquired for the purpose of this article and, if not already an employer prior to the acquisition, shall become an employer on the date of the acquisition and shall succeed to the employment benefit experience record of the predecessor. The department shall prescribe by regulation the notice to be given of the acquisition. For the purposes of Chapters 27 through 41 of this title the term "substantially all" means ninety-five percent or more of the business as determined by the department in a particular case.

Section 41-31-110. Computation of base rates applicable to successors.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows:

(1) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year.

(2) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate.

(3) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the acquisition to the successor employer shall continue to be the applicable base rate.

(B) For the purposes of items (1), (2), and (3) in subsection (A), the base rate as assigned continues in effect for the remainder of the calendar year and until the time the combined employment benefit experience record meets the requirements as provided in Section 41-31-40.

Section 41-31-120. Successor by merger, purchase or the like of part of established business.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

In the event that any person acquires by purchase, merger, consolidation, devise, inheritance or otherwise, a distinct, severable, identifiable and segregable part of the business of an employer and continues the acquired part of the business of the predecessor, the successor shall succeed to that portion of the employment benefit experience record of the predecessor which is attributable solely to the portion of the business which was acquired, except that a succession to the benefit experience attributable to an identifiable portion of the business of the predecessor shall not occur unless the successor is an employer at the time of the acquisition or becomes an employer within the quarter in which the succession occurs; provided, that no partial transfer of any employment benefit experience record shall be made unless a request is entered by both the predecessor and the successor employer. The department shall prescribe by regulation a period within which notification of the acquisition shall be given and the method by which the experience to be transferred shall be computed.

Section 41-31-125. Assignment of employment benefit record upon acquisition or reorganization of existing employment unit.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) Notwithstanding the provisions of Sections 41-31-100 and 41-31-120, an employing unit must be assigned all or a portion of the employment benefit record of an existing employing unit when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion of an existing business enterprise, and there is a continuity of control of the business enterprise. The employing unit must be assigned the same rate as the predecessor, or the predecessor who has the highest base rate if there is more than one predecessor employing unit with different base rates.

(1) For purposes of this section control of the business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, including workers, or a contract when the ownership, stated arrangements, or contract provide for or allow direction of the internal affairs or conduct of the business enterprise.

(2) For purposes of this section continuity of control exists if one or more persons, entities, or other organizations controlling the business enterprise remain in control of the business enterprise after an acquisition or change in form or there is a transfer to persons within the first degree of kinship to the transferors. Evidence of continuity of control includes, but is not limited to, changes of an individual proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship, partnership, limited liability company, association, estate, or to another corporation or from any form to another form.

(B) An employing unit must not be assigned any portion of the employment benefit record of an existing employing unit upon the acquisition of that established business or of an identifiable and segregable part of that established business if:

(1) the acquiring person was not otherwise an employer at the time of the acquisition;

(2) the person has no substantial commonality of interest, including ownership or management, in the business acquired; and

(3) the department finds that the person acquired the business or an identifiable and segregable part of the business solely or primarily for the purpose of obtaining a lower rate of contributions.

(C) If the experience rating account of the predecessor employer contains a debit balance, defined as an excess of total benefits charged over total contributions paid, the experience rating account of the predecessor employer must be transferred to the successor employer in accordance with the provisions of Section 41-31-140.

(D)(1) An employing unit that knowingly attempts to violate the provisions of this section must be assessed a penalty in an amount equal to the greater of one thousand dollars or ten percent of the tax determined by the department to be due for each report that is submitted in violation of this section. For the purposes of this section, the terms "knowingly" or "knowing" mean having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition in this section. This penalty may be recovered in the manner provided in Article 3 of this chapter for the collection of other penalties. Officers and directors of the enterprise comprising the employing unit are individually liable for the penalties assessed pursuant to this subsection.

(2) A contribution tax return preparer who violates this section or provides advice to an employing unit that results in a knowing violation of the provisions of this section is liable for a penalty of not less than one thousand dollars nor more than ten thousand dollars for each report submitted in violation of this section. This penalty may be recovered by the department in an appropriate civil action in any court of competent jurisdiction.

(3) As used in this section, a "contribution tax return preparer" is a person who prepares for compensation, or who employs one or more persons to prepare for compensation, any contribution and wage report or report of change in the status of an employing unit required by this chapter or any claim for credit for a tax imposed by this chapter. For purposes of this definition, the completion of a substantial portion of a report is treated as the preparation of the entire report. The term does not include a person merely because the person furnishes typing, reproducing, or other mechanical assistance, prepares a report of the employer, or an officer or employee of the employer, by whom the person is regularly and continuously employed, prepares as a fiduciary a report for any person, or represents a taxpayer in a hearing regarding an issue arising under this chapter.

(E) The department shall establish procedures to identify the transfer or acquisition of a business for purposes of this section.

Section 41-31-130. Refunds not authorized; adjustments made by deductions from future payments.

[Section effective January 1, 2011. See, also, section effective until January 2011.]

Nothing in Sections 41-31-110 and 41-31-120 shall be construed to authorize or require the refund of any sums lawfully paid into the unemployment compensation trust fund or to authorize or require sums lawfully paid into the unemployment compensation trust fund for any purpose other than to pay unemployment compensation benefits. But the department may make the necessary adjustments in conformity with the provisions of this law by deductions of future contribution payments as though such payments or assessments had been made erroneously by any person coming within the provisions of said sections.

Section 41-31-140. Experience rating account shall not be transferred unless taxes paid or assumed or account contains debit balance.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) For the purposes of this section, "debit balance" means the excess of total benefits charged over total contributions made.

(B) No transfer of experience rating accounts, in whole or in part, is permitted under the provisions of Sections 41-31-100 to 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of the transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the department that the transfer cannot be allowed because of unpaid unemployment compensation taxes. If the experience rating account of the predecessor employer contains a debit balance, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120.

Section 41-31-150. Treatment of fractions of a cent.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

In the payment of any contributions or any departmental administrative contingency assessment a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased by one cent.

Section 41-31-160. Contribution reports shall not be required more frequently than quarterly.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The department shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2003, every employer with two hundred fifty or more employees and every individual or organization that, as an agent, reports wages on a total of two hundred fifty or more employees on behalf of one or more subject employers, and effective with the quarter ending March 31, 2005, every employer with one hundred or more employees and every individual or organization that, as an agent, reports wages on a total of one hundred or more employees on behalf of one or more subject employers, shall file that portion of the "Employer Quarterly Contribution and Wage Reports" containing the employee's social security number, name, and total wages on magnetic tapes, diskettes, or electronically, in a format approved by the department. The department may waive the requirement to file using magnetic media if hardship is shown. In determining whether a hardship has been shown, the department shall take into account, among other relevant factors, the ability of the taxpayer to comply with the filing requirement at a reasonable cost.

Section 41-31-170. Report to employer on status of account; protests.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The department annually shall report to any employer the status of his account showing his total charges against it for benefits paid during the annual period and his benefit ratio as calculated pursuant to Section 41-31-5, as applicable. No employer may contest any charge against his account or the status of his account unless he makes protest within thirty days after such report has been mailed by the department.

Article 3. PAYMENT AND COLLECTION OF CONTRIBUTIONS

Section 41-31-310. Time contributions accrue and become payable; contributions shall not be deducted from wages; limitation on collection actions.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to Chapters 27 through 41 of this title with respect to wages for employment. Contributions shall become due and be paid by each employer to the department for the fund in accordance with regulations promulgated by the department and shall not be deducted, in whole or in part, from the wages of the employer's employees. However, no determination and assessment of contributions, interest, or penalties shall be made, and no action for the collection of contributions, interest, and penalties shall be instituted more than four years after the last day of the month immediately following the calendar quarter for which the contributions, interest, or penalties were payable. This limitation period contained in this section does not apply to employers that wilfully fail to timely file a contribution report with the department, that knowingly make false statements to the department in a contribution report, or that intentionally fail to disclose a material fact to the department concerning a contribution report.

Section 41-31-320. Examination of reports and computation of contribution; notice of excess due.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

As soon as practicable after a contribution report is filed, the department shall examine it and compute the contribution due. If the amount computed is greater than the amount previously paid, the difference shall be paid to the department within ten days after notice of the amount is mailed by the department.

Section 41-31-330. Imposition of penalty.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) If the department finds that an additional contribution is due, that the report was made in good faith, that the understatement of the contribution is not deliberate, then no penalty shall be added because of the understatement. However, the amount of the deficiency shall bear interest at the rate of one percent for each month or fraction of a month that it remains unpaid.

(B) If the department finds that the understatement is due to negligence on the part of the employer, but without intent to defraud, there shall be added to the amount of the deficiency, in addition to interest calculated in the manner provided in subsection (A), a ten percent penalty.

(C) If the department finds that the understatement is false or fraudulent, with intent to evade the payment of the contribution due, there shall be added to the amount of the deficiency, in addition to interest calculated in the manner provided in subsection (A), a one hundred percent penalty.

Section 41-31-340. Department to give notice of improper reports; determination of contribution when employer fails to file proper report.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The department must give notice to an employing unit that has failed to make reports required pursuant to Chapters 27 through 41 of this title, or has filed incorrect or insufficient reports. If the employing unit refuses or neglects to file a proper report within fifteen days after notice has been mailed to it, the department shall determine the amount of the wages payable for employment by the employing unit for the period for which the report is required. The determination must be based upon the department's best information and belief. The department must then determine the amount of contribution due, if any, computing it at double the rate which would otherwise apply. The department may allow further time, not to exceed an additional fifteen days, for filing the proper report after notice is mailed.

Section 41-31-350. Penalty for failure to file report.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

An employer that fails to file a report concerning wages or contributions pursuant to Chapters 27 through 41 of this title within fifteen days from the date upon which the department mailed a demand for the report, the department shall assess the employer a penalty of ten percent of the contributions due but no less than twenty-five nor more than one thousand dollars in addition to the contributions payable with respect to the report.

Section 41-31-360. Adjustments and refunds.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) If, not later than four years after the date on which any contributions or interest or employment security administrative contingency assessments became due, an employer who has paid the contributions or interest or employment security administrative contingency assessments shall make application for an adjustment in connection with subsequent contribution or employment security administrative contingency assessment payments or for a refund because the adjustment cannot be made and the department shall determine that the contributions or interest or employment security administrative contingency assessments or any portion was erroneously collected, the department shall make an adjustment, without interest, in connection with subsequent contribution or employment security administrative contingency assessment payments by him or, if the adjustment cannot be made, shall refund the amount from the fund. For like cause and within the same period an adjustment or refund may be made on the department's own initiative.

(B) A refund or adjustment must be made in any case where the department finds that contributions or interest or employment security administrative contingency assessments were erroneously paid by an employing unit to this State upon wages earned by individuals in employment in another state. The refund or adjustment must be made upon satisfactory proof to the department that the payment of the contributions or interest or employment security administrative contingency assessments have been made to the other state.

Section 41-31-370. Interest on unpaid contributions.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) Contributions unpaid on the date on which they are due and payable, as prescribed by the department, shall bear interest at the rate of one percent for each month or fraction for which they remain unpaid but contributions as have accrued prior to the establishment of an employer's liability shall bear interest at the rate of one-half of one percent a month or fraction of a month, to the date on which liability is established, unless it is found by the department that the delay in the establishment of liability resulted from wilful negligence of the employer, and shall bear interest at the rate of one percent a month or fraction for which they remain unpaid thereafter.

(B) If any employer's amount of contributions which are due and payable, as prescribed by the department, are unpaid ten days following the date on which an assessment or debit memorandum was issued, a penalty of ten percent of the amount of contributions due and payable, not to exceed one thousand dollars, must be paid in addition to any other interest or penalty which may be applicable.

(C) The department may, for good cause, extend the time for the filing of reports and the payment of contributions. Any person to whom the extension is granted shall pay in addition to the contribution due, interest at the rate of one percent per month or fraction of a month from the due date of the contribution to the date of payment.

Section 41-31-380. Lien for contributions, interest, penalties and costs.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The contributions, interest, penalties, departmental administrative contingency assessments, and costs prescribed in this chapter are considered taxes owing the State by the persons against whom they are charged, and are a lien upon the real property or chattels of the person by whom the contributions are due, only after the warrant described in Section 41-31-390 is indexed as prescribed in Section 41-31-400.

Section 41-31-390. Issuance of warrant of execution for collection.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) If an employer defaults in any payment of contributions, interest, penalties, or departmental administrative contingency assessments, the department shall notify the employer of the amount of contributions, interest, penalties, or departmental administrative contingency assessments due. If the amount is not paid within ten days after notice to the employer, the department shall issue a warrant of execution, directed to its authorized representative, commanding the representative to levy upon and sell the real and personal property of the employer found within that county for the payment of the amount, with interest, the cost of executing the warrant, and any reasonable costs incurred in collecting these amounts, to return the warrant to the department and to pay it the money collected.

(B) The department may contract with a collection agency or the Department of Revenue for the purpose of collecting delinquent payments of contributions, interest, penalties, departmental administrative contingency assessments, and any other reasonable costs authorized by subsection (A).

(C) The department shall promulgate regulations to carry out the provisions of this section.

Section 41-31-400. Procedure under execution.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) The department, or its authorized representative, shall file a copy of the execution with the clerk of court of the county or counties of the State in which the employer does business. The clerk of court shall enter in his abstract of judgments the name of the employer identified in the warrant and in the proper columns the amount of the contributions, interest, penalties, and departmental administrative contingency assessments and costs for which the warrant is issued along with the date and hour when the copy is filed. The clerk of court also shall index the warrant upon the index of judgments. The department, or its authorized representative, shall proceed upon the warrant in all respects and with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record and is entitled to the same fees for service in executing the warrant to be collected in the same manner.

(B) The powers now or hereafter conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes are incorporated by reference and are conferred upon the department and its authorized representative for the collection of unpaid contributions, interest, penalties, and departmental administrative assessments and costs, mutatis mutandis.

(C) The department shall promulgate regulations to carry out the provisions of this section.

Section 41-31-410. Fees.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Any clerk of court or register of deeds, as the case may be, or county treasurer shall be entitled to the fees provided in Section 14-19-100 for filing, enrolling, and satisfying a tax warrant or execution issued by the department.

Section 41-31-420. Priorities under legal dissolution or distribution.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Subsequent to any distribution of an employer's assets pursuant to a court order, including any receivership, assignment for the benefits of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full on the same basis as all other tax claims but on a parity with claims for wages of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. Subsequent to an employer's adjudication in bankruptcy or judicially confirmed extension proposal or composition under the Federal Bankruptcy Act, contributions then or thereafter due shall be entitled to such priority as is provided in that act.

Article 5. FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS

Section 41-31-600. Definition of "nonprofit organization".

[Section effective January 1, 2011.]

For the purposes of this article, "nonprofit organization" means an organization, or group of organizations, described in Section 501(c)(3) of the United States Internal Revenue Code that is exempt from income taxes under Section 501(a) of that code.

Section 41-31-610. Application of article.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this article.

Section 41-31-620. Election to make payments in lieu of contributions.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Any nonprofit organization which, pursuant to item (6) of Section 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this title after December 31, 1971, shall pay contributions under provisions of Section 41-31-10 unless it elects, in accordance with this section, to pay the department for the unemployment fund an amount equal to the amount of regular benefits and one-half the extended benefits paid for any reason, including, but not limited to, payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in the employ of the nonprofit organization. After January 1, 1979, the State or any political subdivision or any instrumentality of the political subdivision as defined in subitem (b) of item (2) of Section 41-27-230 is required to reimburse the amount of regular benefits and all extended benefits paid for any reason, including, but not limited to, payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in its employ during the effective period of the elections.

(1) Any nonprofit organization which is, or becomes, subject to Chapters 27 through 41 of this title on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1972, provided, it files with the department a written notice of its election within the thirty-day period immediately following that date.

(2) Any nonprofit organization which becomes subject to Chapters 27 through 41 of this title after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which the subjectivity begins by filing a written notice of its election with the department not later than thirty days immediately following the date of the determination of the subjectivity.

(3) Any nonprofit organization which makes an election in accordance with item (1) or item (2) of this section will continue to be liable for payments in lieu of contributions until it files with the department a written notice terminating its election not later than thirty days prior to the beginning of the calendar year for which the termination is first effective.

(4) Any nonprofit organization which has been paying contributions under Chapters 27 through 41 of this title for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the department not later than thirty days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election is not terminable by the organization for that and the next calendar year.

(5) The department may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1969.

(6) The department, in accordance with the regulations as may be prescribed, shall notify each nonprofit organization of any determination made with respect to its status as an employer and of the effective date of any election which it makes and of any termination of the election. The determinations are subject to reconsideration, appeal, and review in accordance with the provisions of item (5) of Section 41-31-630.

Section 41-31-630. Method of making payments; appeal from department's determination of amount due; interest and penalties.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Payments in lieu of contributions shall be made in accordance with the provisions of subsections (1) and (2) of this section.

(1) At the end of each calendar quarter the department shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of regular and extended benefits attributable to services performed in its employ.

(2) Each nonprofit organization that has elected payment of benefits in lieu of contributions shall further elect for the same period to make such payments in accordance with one of the following two methods:

(a) payment of any bill rendered under subsection (1) of this section in accordance with subsection (3) of this section; or

(b) payment of two percent of the quarterly taxable payroll of the nonprofit organization to the department within thirty days after the close of each such calendar quarter. The department shall apply such funds to the payment of bills rendered to the nonprofit organization under subsection (1) of this section. At the end of each calendar year, the department shall determine whether the total of payments for such year made by the nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such calendar year, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of all regular and extended benefits paid to individuals during such calendar year based on wages attributable to service in its employment. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the fund in accordance with subsection (3) of this section. If the total payments exceed the amount so determined for the calendar year, all or a part of the excess may, at the discretion of the department, be refunded from the fund or retained in the fund as part of the payments which may be required for the next calendar year.

(3) Payment of any bill rendered under either subsection (2)(a) or subsection (2)(b) of this section shall be made not later than thirty days after such bill is mailed to the last known address of the nonprofit organization or is otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subsection (5) of this section.

(4) Payments made by any nonprofit organization under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

(5) The amount due specified in any bill from the department shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the department setting forth the grounds for the application. After affording the organization a reasonable opportunity for a fair hearing consonant with the provisions of Section 41-35-720, the department shall by its decision make findings of fact and conclusion of law and upon the basis thereof affirm, modify, or reverse its original ruling with respect to the amount originally specified in the bill. Within fifteen days after the date upon which the decision is issued the organization may procure judicial review of the decision by commencing an action in the court of common pleas in any county in which the organization has a place of business against the department for the review of its decision. In such action a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon a member of the department or upon a person as the department shall designate. With its answer the department shall certify and file with the court all evidence and a transcript of all testimony taken in the matter together with its findings of fact and decision therein. In any judicial proceeding under this section the decision of the court shall be based upon the evidence introduced and the testimony received at the hearing before the department. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. A petition for judicial review shall act as a supersedeas or stay of any action by the department directed toward the collection of the amount involved in the controversy or the imposition of any penalty or forfeiture by reason of the nonpayment thereof.

(6) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Section 41-31-370, apply to past due contributions.

(7) All of the provisions of Section 41-31-360, applicable to the adjustment or refund of contributions and interest paid or collected, and not inconsistent with the provisions of this section, shall be applicable to payments in lieu of contributions and interest erroneously paid by a nonprofit organization.

(8) All of the remedies, powers, and means available to the department under the provisions of Sections 41-31-380, 41-31-390, 41-31-400, 41-31-410, and 41-31-420 to enforce the payment of contributions, interest, penalties, and costs are applicable to the enforcement of payments in lieu of contributions and interest due under the provisions of this section, and for the purposes of this item the term "contributions" which appears in any such sections means "payment in lieu of contributions" in all particulars.

(9) In the event any governmental entity which is a covered employer under the terms of this chapter and Article 5, Chapter 35 becomes delinquent in payments due under this chapter and Article 5, Chapter 35, upon due notice, and upon certification of the delinquency by the department to the State Treasurer or any other department or agency of the State holding funds that may be payable to the delinquent governmental entity, the amount of such delinquency shall be deducted from any such funds in the hands of the State Treasurer or other department or agency and paid to the department in satisfaction of such delinquency. This remedy shall be in addition to any other collection remedies in this chapter and Article 5, Chapter 35 or otherwise provided by law.

Section 41-31-640. Security to insure payments.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

The department in its discretion may adopt regulations requiring any nonprofit organization or group of organizations described in Section 41-31-660(3) which does not possess title to real property and improvements valued in excess of two million dollars to post a surety bond, money deposit, securities, or other security as the department may require to insure the payments in lieu of the contributions required under such election.

(1) The amount of the surety bond, money deposit, securities, or other security required by this subsection shall bear such relationship as the department shall determine to the organization's total wages paid for employment as defined in Section 41-27-380 for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the nonprofit organization did not pay wages in each of such four calendar quarters, the amount of the surety bond, cash deposit, securities, or other security shall be as determined by the department.

(2) Any bond deposited under this subsection shall be in force for a period of not less than two calendar years and shall be renewed with the approval of the department, at such times as the department may prescribe, but not less frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The department shall require adjustments to be made in a previously filed bond as it deems appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within thirty days of the date of notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in Section 41-31-630(6), shall render the surety liable on such bond to the extent of the bond, as though the surety was such organization.

(3) Any deposit of money in accordance with this subsection shall be retained by the department in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The department may deduct from the money deposited under this subsection by a nonprofit organization to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in Section 41-31-630(6). The department shall require the organization within fifteen days following any deduction from a money deposit under the provisions of this subsection to deposit sufficient additional money to make whole the organization's deposit at the prior level. The department may, at any time, review the adequacy of the deposit made by any organization. If, as a result of such review, it determines that an adjustment is necessary, it shall require the organization to make an additional deposit within fifteen days of written notice of its determination or shall return to the organization such portion of the deposit as it no longer considers necessary, whichever action is appropriate.

Section 41-31-650. Failure to post security.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this section, the department may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than two calendar years beginning with the quarter in which such termination becomes effective; provided, that the department may extend for good cause the applicable filing, deposit, or adjustment period by not more than thirty days.

Section 41-31-660. Amount of payments; group accounts.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Each employer that is liable for payment in lieu of contributions shall pay the department for the fund an amount equal to the amount of regular benefits and one-half the extended benefits paid that are attributable to service in the employ of such employer except that after January 1, 1979, the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) shall be required to reimburse the full amount of regular and extended benefits attributable to service in its employment. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subsection (1) or (2).

(1) If the benefits paid to an individual are based both on base period wages paid by one or more employers that are liable for contributions and on base period wages paid by one or more employers that are liable for payments in lieu of contributions, the amount payable by each employer that is liable for payments in lieu of contributions shall bear the same ratio to the sum of the amounts payable by such employers as the total base period wages paid to the individual by each employer that is liable for payments in lieu of contributions bear to the total base period wages paid to the individual by all such employers.

(2) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employer.

(3) Two or more employers that have been liable for payments in lieu of contributions, in accordance with the provisions of Section 41-31-620 may file a joint application to the department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this section. Upon its approval of the application, the department shall establish a group account for such employers effective as of the beginning of the calendar quarter in which it receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the department or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The department shall prescribe such regulations as it deems necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of such payments.

Section 41-31-670. Special provisions for organizations that made regular contributions prior to January 1, 1969.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) Any nonprofit organization that prior to January 1, 1969, paid contributions required by Section 41-31-10 and, pursuant to Section 41-31-620, elects within thirty days after January 1, 1972, to make payments in lieu of contributions, is not required to make any such payment on account of any regular or extended benefits paid, on the basis of wages paid by the organization to individuals for weeks of unemployment which begin on or after the effective date of the election until the total amount of the benefits equals the amount of the positive balance in the experience rating account of the organization.

(B) Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's base rate thereafter may be less than two and sixty-four hundredths percent until there have been twenty-four consecutive calendar months of coverage after so becoming liable for the payment of contributions. If the employer has been an employer liable for the payment of contributions prior to election to become liable for payments in lieu of contributions, the balance in the experience rating account of the employer as of the termination date of the election to become liable for payments in lieu of contributions is transferred to the new experience rating account then established for the employer.

Article 7. FINANCING BENEFITS PAID TO EMPLOYEES OF GOVERNMENTAL ENTITIES

Section 41-31-810. Application of Article 5 of this chapter.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Benefits paid to employees of a governmental entity as provided for by Sections 41-27-210(5), 41-27-230(2), and 41-35-10, shall be financed to the same extent, in similar manner, and by like procedure as is set out in Article 5 of this chapter with respect to the financing of benefits paid to employees of nonprofit organizations, except that the provisions of Section 41-31-640 shall not be applicable thereto, and except that for the purposes of Section 41-31-670 no governmental entity as defined in Section 41-27-230(2) may use any credit balance in its experience rating account for payment, credit, set off, or reduction of reimbursement of any amount of regular or extended benefits attributable to service in its employment.

Section 41-31-820. Deposit and review of premiums collected from state agencies; transfers from general fund to cover claims.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

(A) Unemployment compensation premiums collected from state agencies will be deposited into a separate account and used to pay unemployment compensation benefits to eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the State Budget and Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.

(B) Notwithstanding the amounts annually appropriated as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees of the state government who are entitled under federal law, the State Treasurer and the Comptroller General, are hereby authorized and directed to pay from the general fund of the State to the department funds necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions subject to unemployment compensation claims. The department must certify quarterly to the State Budget and Control Board the state's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under federal law. The amount so certified must be remitted to the department.

Article 9. PAYMENT AND COLLECTION OF DEPARTMENTAL ADMINISTRATIVE CONTINGENCY ASSESSMENTS

Section 41-31-910. General provisions.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Departmental administrative contingency assessments must accrue and become payable by each employer who is subject to the assessments as defined in Section 41-27-410 for each calendar year in which he is subject to Chapters 27 through 41 of this title with respect to wages for employment. The assessments are due and payable by each subject employer to the department for the departmental administrative contingency fund and are not deductible, in whole or in part, from the wages of individuals in the employer's employ. No determination and assessments may be instituted more than four years after the last day of the month immediately following the calendar quarter for which the assessments were payable. The limitation period contained in this section does not apply to an employer that wilfully fails to file a departmental contingency assessment report pursuant to this section or pursuant to regulations promulgated by the department, or has knowingly made a false statement or has intentionally failed to disclose a material fact on a departmental contingency assessment report.

Section 41-31-920. Inclusion of assessments in quarterly contribution report.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

Departmental administrative contingency assessments must be reported on the employer's quarterly contribution report according to the same rules as the department may prescribe for contributions.

Section 41-31-930. Penalty for late payment.

[Section effective January 1, 2011. See, also, section effective until January 1, 2011.]

If any employer's amount of the departmental administrative contingency assessment which is due and payable, as prescribed by the department, is unpaid ten days following the date on which an assessment or debit memorandum has been issued, a penalty of ten dollars may be assessed.

Section 1-13-10. Short title.

This chapter shall be known as the "South Carolina Human Affairs Law."

Section 1-13-20. Declaration of policy.

This chapter is an expression of the concern of the State for the promotion of harmony and the betterment of human affairs. The General Assembly declares the practice of discrimination against an individual because of race, religion, color, sex, age, national origin, or disability as a matter of state concern and declares that this discrimination is unlawful and in conflict with the ideals of South Carolina and the nation, as this discrimination interferes with opportunities of the individual to receive employment and to develop according to the individual's own ability and is degrading to human dignity. The General Assembly further declares that to alleviate these problems a state agency is created which shall seek to eliminate and prevent discrimination because of race, religion, color, sex, age, national origin, or disability.

Section 1-13-30. Definitions.

The following words and phrases used herein shall be construed as follows:

(a) "Commission" means the State Human Affairs Commission.

(b) "National origin" includes ancestry.

(c) "Age" means at least forty years.

(d) "Person" means individuals, labor unions and organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, other legal or commercial entities located in part or in whole in the State or doing business in the State, the State and any of its agencies and departments or local subdivisions of state agencies and departments; and municipalities, counties, special purpose districts, school districts and other local governments.

(e) "Employer" means any person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include an Indian tribe or a bona fide private membership club other than a labor organization.

(f) "Employment agency" means any person regularly undertaking to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

(g) "Labor organization" means any agent of a labor organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council which is subordinate to a national or international labor organization.

(h) "Employee" means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in this State, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy-making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of the State or any of its agencies, departments, local subdivisions, or political subdivisions of the State, local government, or local governmental agencies.

(i) "Complainant" means an individual alleging to have been aggrieved by an employment practice which is unlawful under this chapter.

(j) "Respondent" means a person against whom a charge of violation has been filed.

(k) The term "religion" means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

(l) The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in item (3) of subsection (h) of Section 1-13-80 shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion. Provided, that nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion. This subsection shall not apply to any fringe benefit fund or insurance program which was in effect on October 31, 1978, until April 30, 1979. Until after October 31, 1979 or, if there was an applicable collective bargaining agreement in effect on October 31, 1978, until the termination of that agreement, no person who, on October 31, 1978, was providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation of the provisions of this chapter relating to sex discrimination in employment shall, in order to come into compliance with such provisions, reduce the benefits or the compensation provided any employee on October 31, 1978, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program: Provided, That where the costs of such benefits on October 31, 1978 are apportioned between employers and employees, the payments or contributions required to comply with the provisions of this chapter relating to sex discrimination in employment may be made by employers and employees in the same proportion: And provided, further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with the provisions of this chapter relating to sex discrimination in employment.

(M) "Covered entity" means an employer, employment agency, labor organization, or joint labor-management committee.

(N) "Disability" means with respect to an individual:

(1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual;

(2) a record of an impairment; or

(3) being regarded as having an impairment.

The definition of "disability" must be interpreted in a manner consistent with federal regulations promulgated pursuant to the Americans with Disabilities Act of 1990, as amended, Public Law 101-336.

(O) "Auxiliary aids and services" means:

(1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(2) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

(3) acquisition or modification of equipment or devices; and

(4) other similar services and actions.

(P) "Direct threat" means a significant risk to the health or safety of the employee or of others that cannot be eliminated by reasonable accommodation.

(Q) "Illegal use of drugs" means the use of drugs, the possession and distribution of which is unlawful under Chapter 53, Title 44. This term does not include the use of a drug taken under supervision by a licensed health care professional or other lawful uses. Nothing in this chapter prohibits a covered entity from requiring employees to conform to drug-free workplace laws and regulations or from establishing and enforcing rules, policies, or guidelines concerning use of alcohol or illegal drugs in the workplace.

(R) "Drug" means a controlled substance as defined in Section 44-53-10.

(S) "Qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of this chapter, consideration must be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written job description before advertising or interviewing applicants for the job, this description must be considered evidence of the essential functions of the job. "Qualified individual with a disability" does not include an employee or applicant who is currently engaging in the illegal use of drugs when the covered entity acts on the basis of the use.

(T) "Reasonable accommodation" may include:

(1) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

(2) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

(U) "Undue hardship" means an action requiring significant difficulty or expense, when considered in light of the following factors:

(1) the nature and cost of the accommodation needed under this chapter;

(2) the overall financial resources of the facility involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility;

(3) the overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities; and

(4) the type of operation of the covered entity, including the composition, structure, and functions of the workforce of the entity, the geographic separateness and the administrative or fiscal relationship of the facility in question to the covered entity.

Section 1-13-40. Creation of South Carolina Commission on Human Affairs.

(a) There is hereby created in the executive department the South Carolina Human Affairs Commission, to encourage fair treatment for, and to eliminate and prevent discrimination against, any member of a group protected by this chapter, and to foster mutual understanding and respect among all people in this State.

(b) The Commission shall consist of fifteen members, with two members from each congressional district appointed by the Governor, with the advice and consent of the Senate, and three members at large appointed by the Governor. The first appointed members from the first and second congressional districts and one at large member shall serve until June, 1984. The first appointed members from the third and fourth congressional districts and one at large member shall serve until June, 1985. Thereafter all members shall serve for a term of three years and until their successors are appointed and qualify. Vacancies shall be filled in the manner of the original appointment for the unexpired term.

(c) No member of the Commission shall serve more than two consecutive terms. A member having served two consecutive terms shall be eligible for reappointment one year after the expiration of his second term.

(d) The Governor shall appoint one of the at large members to serve as chairman and may appoint any member to serve as vice-chairman, each to serve a term of one year. In the absence of appointment of a vice-chairman, the members may elect one of their number to fill that office. The Commission may elect other officers from among its members as necessary, except that the Commissioner may be elected to serve as secretary.

(e) The Commission shall meet at such times and in such places as it may determine.

(f) A quorum for transacting business shall consist of a majority of the membership as constituted at the time of a meeting.

(g) Each member shall be entitled to one vote on each issue presented, a majority of the votes cast determining the issue. Votes may be cast only in person. Voting may be by secret ballot or by voice vote.

(h) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission.

(i) Members of the Commission shall be entitled to such per diem, mileage and subsistence as is provided for by law for boards, committees and commissions.

(j) The Commission shall render each year to the Governor and to the General Assembly a written report of its activities and of its recommendations.

Section 1-13-50. Commissioner and personnel.

(a) The Commission shall recommend to the Governor a person who shall be employed as Commissioner and shall, with the approval of the Governor, employ such person who shall be subject to dismissal by the Commission with the approval of the Governor. The Commissioner shall be the chief administrative officer of the Commission, and shall perform such duties as are incident to such office or are required of him by the Commission.

(b) The Commissioner shall receive such compensation as may be provided by law.

(c) The Commissioner shall recommend to the Commission, and with its approval, employ attorneys, secretaries, clerks, investigators and conciliators for the expeditious discharge of the Commission's duties.

Section 1-13-60. Duties of chairman and vice-chairman.

The chairman shall be the presiding officer at meetings of the Commission and shall promote the orderly transaction of its business. In the chairman's absence, or his inability to act, the vice-chairman or if no vice-chairman has been appointed or elected a commissioner designated by the chairman shall act in his stead.

Section 1-13-70. Powers of Commission.

The Commission shall have the power:

(a) To establish and maintain its principal office in the city of Columbia and such other offices within the State as it may deem necessary.

(b) To adopt bylaws.

(c) To promulgate, in accordance with the provisions of this chapter, regulations including, but not limited to, regulations requiring the posting of notices prepared or approved by the Commission and the submission of equal employment opportunity plans and reports by any state agency or department or local subdivisions of a state agency or department, according to a format and schedule approved by the Commission.

(d) To formulate policies to effectuate the purposes of this chapter and to make recommendations to appropriate parties in furtherance of such policies.

(e) To obtain and utilize upon request the services of all governmental departments and agencies.

(f) To create or recognize advisory agencies and conciliation councils, local, regional, or statewide, as will aid in effectuating the purposes of this chapter and of Section 3 of Article I of the Constitution of this State. The commission may empower these agencies and councils to study problems of discrimination in all or specific fields of human affairs or in specific instances of discrimination because of race, religion, color, sex, age, national origin, or disability and to foster through community effort, or otherwise, goodwill, cooperation, and conciliation among the groups and elements of the population of the State. These agencies and councils also may make recommendations to the commission for the development of policies and procedures in general and in specific instances and for programs of formal or informal education which the commission may in turn recommend to the appropriate state agency. These advisory agencies and conciliation councils, as far as practicable, must be composed of representative citizens.

(g) To seek the understanding and cooperation of or to enter into agreement with any existing or later-created councils, agencies, commissions, task forces, institutions or organizations, public or private, which are, in the judgment of the Commission, dedicated to the promotion of human rights and affairs.

(h) To issue publications and results of investigations and research as in its judgment will tend to promote goodwill and the betterment of human affairs.

(i) To require from any state agency or department or local subdivisions of a state agency or department such reports and information at such times as it may deem reasonably necessary to effectuate the purposes of this chapter.

(j) To prepare and distribute copies of this chapter, of any regulations promulgated pursuant to subsection (c) of this section, of policies formulated pursuant to subsection (d) of this section or of any other materials effectuating the purposes of this chapter; to make the chapter available to the public and to require the chapter to be posted in places conspicuous to employees of state agencies or departments or local subdivisions of a state agency or department and to applicants for employment therewith.

(k) To cooperate with the United States Equal Employment Opportunity Commission created by the Civil Rights Act of 1964 (78 Stat. 241) in order to achieve the purposes of that act and with other Federal, State and local agencies and departments.

(l) To accept reimbursement pursuant to section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241) for services rendered to the United States Equal Employment Opportunity Commission.

(m) To accept gifts or bequests, grants or other donations, public or private.

(n) To investigate problems in human affairs in the State and in connection therewith, to hold hearings, to request the attendance of persons who shall give testimony, to receive for the record of any such hearing written statements, documents, exhibits and other items pertinent to the subject matter of any such hearing, and following any such investigation or hearing to issue such report and recommendations as in its opinion will assist in effectuating the purposes of this chapter.

(o) To receive and resolve complaints in accordance with the provisions of Section 1-13-90.

(p) Pursuant to subsections (e) and (i), if a person fails to permit access, or otherwise refuses to cooperate, the Commission may request an order of a court of competent jurisdiction requiring access and other related good faith compliance.

(q) To furnish technical assistance requested by persons subject to this chapter to assist them in their compliance with this chapter, the regulations promulgated hereunder, a conciliation agreement or an order issued thereunder.

(r) To petition for an order of a court of competent jurisdiction requiring compliance with an order issued by the Commission pursuant to the procedure set forth in item (16) of subsection (c) of Section 1-13-90; provided, that a complainant, respondent or intervenor aggrieved by an order of the Commission is entitled to judicial review. The procedure for compliance, enforcement or review shall be as set forth in item (19) of subsection (c) of Section 1-13-90.

(s) To institute proceedings in a court of competent jurisdiction, for cause shown, to prevent or restrain any person from violating any provision of this chapter.

(t) To contract with persons and organizations to perform services as it may deem reasonably necessary to effectuate the purposes of this chapter and to accept reimbursement for services rendered pursuant to the contract.

(u) To make contractual agreements, within the scope and authority of this chapter, with any agency of the federal government, which agreements may include provisions under which the Federal Equal Employment Opportunity Commission shall refrain from processing a charge in South Carolina in any class specified in such agreements.

(v) To perform the functions specified in this chapter.

Section 1-13-80. Unlawful employment practices; exceptions.

(A) It is an unlawful employment practice for an employer:

(1) to fail or refuse to hire, bar, discharge from employment or otherwise discriminate against an individual with respect to the individual's compensation or terms, conditions, or privileges of employment because of the individual's race, religion, color, sex, age, national origin, or disability;

(2) to limit, segregate, or classify employees or applicants for employment in a way which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age, national origin, or disability;

(3) to reduce the wage rate of an employee in order to comply with the provisions of this chapter relating to age.

(B) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against an individual because of the individual's race, color, religion, sex, age, national origin, or disability, or to classify or refer for employment an individual on the basis of the individual's race, color, religion, sex, age, national origin, or disability.

(C) It is an unlawful employment practice for a labor organization:

(1) to exclude or to expel from its membership or otherwise to discriminate against an individual because of the individual's race, color, religion, sex, age, national origin, or disability;

(2) to limit, segregate, or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment an individual in a way which would deprive or tend to deprive an individual of employment opportunities or would limit employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of the individual's race, color, religion, sex, age, national origin, or disability;

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(D) It is an unlawful employment practice for a covered entity:

(1) to exclude or otherwise deny equal jobs or benefits to a qualified individual because of a known disability of an individual with whom the qualified individual is known to have a relationship or association;

(2) to fail or make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operations of the business of the covered entity; or to deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;

(3) to use qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity;

(4) to fail to select and administer tests concerning employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of the employee or applicant, except where the skills are the factors that the test purports to measure.

(E) It is an unlawful employment practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against an individual because of the individual's race, color, religion, sex, national origin, or disability in admission to or employment in a program established to provide apprenticeship or other training.

(F) It is an unlawful employment practice for an employer to discriminate against an employee or applicant for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against an individual or for a labor organization to discriminate against a member or applicant for membership because the individual has opposed a practice made an unlawful employment practice by this chapter or because the individual has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this chapter.

(G) It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization or relating to a classification or referral for employment by the employment agency or relating to admission to or employment in a program established to provide apprenticeship or other training by the joint labor-management committee indicating a preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, or disability, except that the notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

(H) It is unlawful for an employer, labor organization, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization or relating to a classification or referral for employment by the employment agency indicating a preference, limitation, specification, or discrimination based on age.

(I) Notwithstanding any other provision of this chapter:

(1) It is not an unlawful employment practice for an employer to employ employees, for an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in a program on the basis of the individual's religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

(2) It is not an unlawful employment practice for a party subject to the provisions of this section to compile or assemble information as may be required pursuant to Section 1-13-70(i) or Federal Equal Employment Opportunity Commission or federal contract compliance requirements or pursuant to another law not inconsistent with this chapter.

(3) It is not an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations if the differences are not the result of an intention to discriminate because of race, religion, color, sex, national origin, or disability; nor is it an unlawful employment practice for an employer to give and to act upon the results of a professionally developed ability test if the test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, national origin, or disability. It is not an unlawful employment practice under this chapter for an employer to differentiate upon the basis of sex in determining the amount of wages or compensation paid or to be paid to employees of the employer if the differentiation is authorized by Section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

(4) Nothing contained in this chapter applies to a business or enterprise on or near an Indian reservation with respect to a publicly announced employment practice of the business or enterprise under which a preferential treatment is given to an individual because the individual is an Indian living on or near a reservation.

(5) This chapter does not apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corporation, association, educational institution, or society of its activities. It is not an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if the school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(6) Nothing contained in this chapter may be interpreted to require an employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to an individual or to a group because of race, color, religion, sex, national origin, or disability of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of a race, color, religion, sex, national origin, or disability employed by an employer, referred or classified for employment by an employment agency or labor organization admitted to membership or classified by a labor organization, or admitted to, or employed in, an apprenticeship or other training program in comparison with the total number or percentage of persons of the race, color, religion, sex, national origin, or disability in a community, state, section, or other area or in the available work force in a community, state, section, or other area.

(7) It is not unlawful for an employer, employment agency, or labor organization:

(i) to take an action otherwise prohibited under this chapter where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age;

(ii) to observe the terms of a bona fide seniority system or a bona fide employee benefit plan such as retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this chapter except that no employee benefit plan may excuse the failure to hire an individual.

Notwithstanding the provisions of subitem (ii), no seniority system or employee benefit plan may require or permit the involuntary retirement of an individual covered by the provisions of this chapter relating to age because of the age of the individual; however, employees covered by a collective bargaining agreement which was in effect on June 30, 1986, and which would otherwise be prohibited by the provisions of this subitem, this subitem takes effect upon the termination of the agreement or on January 1, 1990, whichever occurs first.

(8) Nothing in this chapter may be construed to prohibit compulsory retirement of an employee who has attained sixty-five years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings, or deferred compensation plan or a combination of these plans of the employer of the employee which equals in aggregate at least forty-four thousand dollars.

(9) In applying subsection (I)(8), the retirement benefit test, if a retirement benefit is in a form other than a straight life annuity with no ancillary benefits or if employees contribute to a plan or make rollover contributions, the benefit must be adjusted in accordance with regulations prescribed by the commissioner so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.

(10) Nothing in this chapter relating to age discrimination in employment may be construed to prohibit compulsory retirement of an employee who has attained seventy years of age and who is serving under a contract of unlimited tenure or similar arrangement providing for unlimited tenure at an institution of higher education. This item is effective until December 31, 1993.

(11) It is an unlawful employment practice for a person to forcibly resist, prevent, impede, or interfere with the commission or any of its members or representatives in the lawful performance of duty under this chapter.

(12) It is not unlawful for an employer which is the State, a political subdivision of the State, an agency or instrumentality of the State or of a political subdivision of the State, or an interstate agency to fail or refuse to hire or to discharge an individual because of the individual's age if the action is taken:

(i) with respect to the employment of an individual as a firefighter or as a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable law on March 3, 1983;

(ii) pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purposes of this chapter.

This item is effective until December 31, 1993.

The term "firefighter" means an employee the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.

The term "law enforcement officer" means an employee the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the State, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this item, "detention" includes the duties of employees assigned to guard individuals incarcerated in a penal institution.

Nothing contained in items (8), (10), and (12) may override Sections 9-1-1530 and 9-1-1537.

Section 1-13-85. Medical examinations and inquiries.

(A) The prohibition against unlawful employment practices set forth in Section 1-13-80 (a) through (d) includes the prohibition against conducting medical examinations and inquiries except as provided for in this section.

(B) Except as provided in subsection (C), a covered entity must not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.

(C) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and may condition an offer of employment on the results of the examination, if:

(1) all entering employees are subjected to the examination regardless of disability;

(2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that:

(a) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(b) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment;

(c) government officials investigating compliance with this chapter must be provided relevant information on request; and

(3) the results of the examination are used only in accordance with this chapter.

(D) For purposes of this chapter, drug and alcohol exams, tests, or screens may not be considered a medical examination.

(E)(1) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity.

(2) A covered entity may conduct voluntary medical examinations including voluntary medical histories which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions.

(3) Information obtained under subsection (E)(2) regarding the medical condition or history of an employee is subject to the requirements of subsection (C)(2) and (3).

(F)(1) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job related and consistent with business necessity, and the performance cannot be accomplished by reasonable accommodation, as required under this title.

(2) The term "qualification standards" may include a requirement that an individual may not pose a direct threat to the safety of that individual or of other individuals in the workplace.

(3) This chapter may not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on of its activities by the corporation, association, educational institution, or society. Under this chapter, a religious organization may require that all applicants and employees conform to the religious tenets of the organization.

(4) If an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services pursuant to the requirements of the Americans with Disabilities Act of 1990, Public Law 101-336, and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign the individual to a job involving food handling.

Nothing in this chapter may be construed to preempt, modify, or amend a state, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others and which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services.

Section 1-13-90. Complaints, investigations, hearings and orders.

(a) Any person shall complain in writing under oath or affirmation to the Commission within one hundred eighty days after the alleged discriminatory practice occurred. The Commissioner, his employees or agents, shall assist complainants in reducing verbal complaints to writing and shall assist in setting forth such information as may be required by the Commission. The Commission shall serve a copy of the complaint upon the respondent within ten days after the complaint is received by the Commission, except that if the Commission determines for good cause that such service will impede its investigation of the complaint, it shall serve notice of the complaint, including the date, place, and circumstances of the alleged unlawful employment practice upon the respondent within ten days after the complaint is received by the Commission.

(b) Any complainant who is a member of the Commission shall be disqualified from participation except as the complainant in the processing and resolution of the complaint.

(c) For complaints asserting expressly or in substance a violation by a state agency or department or local subdivisions of a state agency or department of Section 1-13-80 the procedure shall be as follows:

(1) The Commissioner shall assign one or more of his employees or agents to investigate the complaint, in which case one shall be designated the investigator in charge of the complaint. Information gathered during an investigation under this subsection shall not be made public by the Commission, its officers or employees, except for information made public as a result of being offered or received into evidence in an action brought under this subsection.

(2) The Chairman of the Commission or, upon the request of the Chairman, the Commissioner shall designate a member of the Commission to supervise the processing of the complaint.

(3) The complaint may be resolved at any time before a hearing by conference, conciliation and persuasion with the complainant and the respondent, such resolution to be embodied in a conciliation agreement, which shall include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the respondent. No conciliation agreement shall be deemed an effective resolution by the Commission unless the supervisory commission member shall have reviewed and approved the terms thereof. Positions taken by a witness in connection with such efforts toward conciliation shall not be made public or used against the interest of the witness in a subsequent proceeding.

(4) In undertaking its investigation of a complaint the Commission shall have the authority:

(i) To issue a subpoena or subpoena duces tecum and thereby compel attendance of witnesses or production for examination of books, papers, and records, whenever it is deemed necessary to compel the attendance of witnesses, or the production for examination of any books, payrolls, personnel records, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the Commission. The power may be exercised only by the joint action by the Chairman of the Commission and the Commissioner.

(ii) To require any party or witness to answer interrogatories at any time after the complaint is filed.

(iii) To take depositions of witnesses including any party pursuant to a complaint or investigation made by the Commission.

(iv) Pursuant to subitems (i), (ii), (iii), above, if a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery, the Commission may request an order of a court of competent jurisdiction requiring discovery and other related good faith compliance.

(5) If not sooner resolved, the investigator shall upon completion of his investigation submit to the supervisory commission member a statement of the facts disclosed by his investigation and recommend either that the complaint be dismissed or that a panel of commission members be designated to hear the complaint. The supervisory commission member, after review of the case file and the statement and recommendation of the investigator shall issue an order either of dismissal or for a hearing, which order shall not be subject to judicial or other further review.

(6) If the order be of dismissal, the supervisory commission member shall mail a copy of the order to the complainant and the respondent at their last known addresses.

(7) If the order be for a hearing, the supervisory commission member shall annex thereto a notice and a copy of the complaint and require the respondent to answer the complaint at a hearing at a time and place specified in the notice and shall serve upon the respondent a copy of the order, the complaint, and the notice.

(8) At any time before a hearing a complaint may be amended by the supervisory commission member upon the request of the investigator or of the complainant or of the respondent. Complaints may be amended during a hearing only upon a majority vote of the panel of commission members for such hearing.

(9) Upon request by any party, the Commissioner shall issue appropriate subpoenaes or subpoenaes duces tecum to any witnesses or other custodians of documents desired to be present at the hearing, or at prehearing depositions, unless the Commissioner determines that issuance of the subpoenaes or subpoenaes duces tecum would be unreasonable or unduly burdensome.

(10) Upon notification by any party that any party or witness has failed to permit access, failed to comply with a subpoena or subpoena duces tecum, refused to have his or her deposition taken, refused to answer interrogatories, or otherwise refused to allow discovery, the Commission, shall, upon notice to the party or witness, apply to a court of competent jurisdiction for an order requiring discovery and other good faith compliance unless the Commission determines that the discovery would be unreasonably or unduly burdensome.

(11) Upon request by the supervisory commission member, the Chairman of the Commission shall designate a panel of three members of the Commission to sit as the Commission to hear the complaint; provided, that no member of the Commission shall be a member of a panel to hear a complaint for which he has been a supervisory commission member.

(12) At any hearing held pursuant to this subsection, the case in support of the complaint shall be presented before the panel by one or more of the commission's employees or agents, and, with consent of the panel, by legal representatives of the complaining party; provided, that endeavors at conciliation by the investigator shall not be received into evidence nor otherwise made known to the members of the panel.

(13) The respondent shall submit a written answer to the complaint and appear at such hearing in person or by counsel and may submit evidence. The respondent shall have the power reasonably and fairly to amend his answer.

(14) The complainant shall be permitted to be present and submit evidence.

(15) Proceedings under this section shall be subject to the Administrative Procedures Act, Sections 1-23-310 through 1-23-400 of the Code of Laws of South Carolina, 1976, as amended, and in case of conflict between the provisions of this chapter and the Administrative Procedures Act, the Administrative Procedures Act shall govern. A recording of the proceedings shall be made, which may be subsequently transcribed upon request and payment of a reasonable fee by the complainant or the respondent. The fee shall be set by the Commission or upon motion of the panel, in which case copies of such transcription shall be made available to the complainant or the respondent upon request and payment of a reasonable fee to be set by the Commission.

(16) If upon all the evidence at the hearing the panel shall find that the respondent has engaged in any unlawful discriminatory practice, it shall state its findings of fact and serve upon the respondent in the name of the Commission an opinion and order requiring that such unlawful discriminatory practice be discontinued and requiring such other action including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay to the persons aggrieved by such practice as, in the judgment of the panel, will effectuate the purposes of this chapter. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. The Commission may retain jurisdiction of any such case until it is satisfied of compliance by the respondent with its order.

(17) If upon all the evidence at the hearing the panel shall find that the respondent has not engaged in any such unlawful discriminatory practice, the panel shall state its findings of fact and serve upon the complainant and the respondent an opinion and order dismissing the complaint as to the respondent.

(18) A copy of the opinion and order of the Commission shall be delivered in all cases to the Attorney General and to such other public officers as the Commission deems proper. Copies of the opinion and order shall be available to the public for inspection upon request, and copies shall be made available to any person upon payment of a reasonable fee set by the Commission.

(19)(i) If an application for review is made to the commission within fourteen days from the date the order of the commission is given, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.

(ii) The order of the commission, as provided in item (16) of subsection (c) of this section, if not reviewed in due time, or an order of the commission upon review, as provided for in subitem (i) of item (19) of this subsection, is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute, within thirty days after receipt of notice to be sent by registered mail of the order may appeal the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal operates as a supersedeas for thirty days only, unless otherwise ordered by the administrative law judge, and the respondent is required to comply with the order involved in the appeal or certification until the questions at issue are fully determined in accordance with the provisions of this chapter.

(iii) The commission may institute a proceeding for enforcement of its order of item (16) of subsection (c) of this section, or its amended order of subitem (i) of item (19) of this subsection after thirty days from the date of the order, by filing a notice of appeal in the court of common pleas of the county in which the hearing occurred, or where a person required in the order to cease and desist from a practice which is the subject of the commission's order, or to take other affirmative action, resides, or transacts business.

If no appeal pursuant to subitem (ii) of item (19) of this subsection is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order.

(d) For complaints asserting expressly or in substance a violation of Section 1-13-80 by employers, employment agencies or labor organizations, including municipalities, counties, special purpose districts, school districts, and local governments, but not including employers, employment agencies or labor organizations covered by Section 1-13-90(c), the procedure shall be as follows:

(1) The Commissioner shall assign one or more of his employees or agents to investigate the complaint, in which case one shall be designated the investigator in charge of the complaint.

(2) The Commission shall institute an investigation by its employees to ascertain the facts relating to such alleged unlawful employment practice. In its investigation of a charge filed under this chapter, the Commission or its designated employees shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated that relates to unlawful employment practices covered by this chapter and is relevant to the charge under investigation. If any persons fail to permit access to such evidence, the Commission may issue a subpoena duces tecum and thereby compel the production for examination and copying of such evidence. If any person fails to comply with a subpoena issued under this chapter, the Commission may request an order of a court of competent jurisdiction requiring compliance with the subpoena. The person against whom an order of court is sought shall be given at least four days' notice of the time and place of the court hearing and may appear and oppose the granting of any order. Any person may, after giving the Commission at least four days' notice, move before a court of competent jurisdiction for an order quashing any subpoena issued under this subsection. Information gathered during an investigation under this subsection shall not be made public by the Commission, its officers or employees, except for information made public as a result of being offered or received into evidence in an action brought under this subsection.

(3) The complaint may be resolved at any time by conference, conciliation and persuasion with the complainant and the party complained of, such resolution to be embodied in a conciliation agreement, which may include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the party complained of. Nothing said or done during and as part of such informal endeavors may be made public by the Commission or used as evidence in a subsequent proceeding.

(4) If not sooner resolved, the investigator shall upon completion of his investigation submit to the Commissioner a statement of the facts disclosed by his investigation and recommend either that the complaint be dismissed or that the Commission bring an action in equity in circuit court against the respondent. The Commissioner, after a review of the case file and the statement and recommendation of the investigator, may issue an order either to dismiss the charge or to bring an action in equity in circuit court against the respondent, which order shall not be subject to judicial or other further review.

(5) If the order be of dismissal, the Commissioner shall mail a copy of the order to the complainant and to the respondent at their last known addresses.

(6) If a charge filed with the commission by a complainant pursuant to this chapter is dismissed by the commission, or if within one hundred eighty days from the filing of the charge the commission has not filed an action under this chapter or entered into a conciliation agreement to which the complainant is a party, the complainant may bring an action in equity against the respondent in circuit court. The action must be brought within one year from the date of the violation alleged, or within one hundred twenty days from the date the complainant's charge is dismissed, whichever occurs earlier, except that this period may be extended by written consent of the respondent.

(7) If within thirty days after issuance of its determination the Commission is unable to secure from the respondent a conciliation agreement acceptable to the Commission, or if the Commission determines after investigation that the respondent has violated the terms of a conciliation agreement, the Commission may bring an action in equity against the respondent in circuit court. Such action shall be brought within one year from the date of the violation alleged, except that this period may be extended by written consent of the respondent.

(8) No action may be brought under this chapter by a complainant if an action based on the same charge has been brought by the Commission, and no action may be brought under this chapter by the Commission if an action based on the same charge has been brought by the complainant. No action may be brought under this chapter if an action alleging essentially the same facts and seeking relief for the same complainant has been brought in any federal court. Any action brought under this chapter shall be promptly dismissed if an action alleging essentially the same facts and seeking relief for the same complainant is brought in any federal court.

(9) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement of hiring of employees, with or without back pay payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Unemployment compensation, interim earnings, or amount earnable with reasonable diligence, by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union, of the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay if such individual was refused admission, suspended or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, age or national origin in violation of this chapter, or discrimination in violation of subsection (e) of Section 1-13-80.

(e) For complaints of the existence or occurrence of a practice asserted to be discriminatory on the basis of race, religion, color, age, sex, national origin, or disability, other than those discriminatory practices declared unlawful by Section 1-13-80, or of any other dispute regarding human affairs, the procedure of the commission is as follows:

The commissioner shall assign one or more of the commission's employees or agents who may resolve the complaint by conference, conciliation, and persuasion with the complainant and the respondent, the resolution to be embodied in a conciliation agreement which shall include such provisions as are agreed upon by the complainant and the respondent. If the employee or agent is unable after reasonable efforts to resolve the complaint, the employee or agent shall withdraw from the matter and not participate further and the commission file of the complaint must be closed. If the complainant and the respondent thereafter resolve the complaint and submit a record of the resolution to the commission, the record must be entered into the commission file of the complaint.

(f) If in the course of processing any complaint under the procedure set forth in (e) above sufficient facts shall appear warranting the processing of the complaint under the procedure provided by subsection (c) or (d) of this section upon notice to the complainant and to the respondent, such other procedure shall thereafter be followed for the processing of the complaint.

(g) The Commission shall establish such rules as may be necessary to govern, expedite and effectuate the procedures prescribed in this section.

Section 1-13-100. Construction and application of chapter.

Nothing in this chapter may be construed to create a cause of action other than those specifically described in Section 1-13-90 of this chapter. Nothing in this chapter may be construed to create a cause of action against a person not covered by Title VII of the Civil Rights Act of 1964, as amended, 42 U. S. C. Section 2000e et seq., if the cause of action arises from discrimination on the basis of race, color, religion, sex, or national origin. Nothing in this chapter may be construed to create a cause of action against a person not covered by the Age Discrimination in Employment Act of 1967, as amended, 29 U. S. C. Section 621 et seq., if the cause of action arises from discrimination on the basis of age. Nothing in this chapter may be construed to create a cause of action against a person not covered by the Americans with Disabilities Act of 1990, as amended, Public Law 101-336.

Section 1-13-110. Affirmative action plans by State agencies; approval by Commission; action by General Assembly.

Each State agency shall develop an Affirmative Action Plan to assure equitable employment for members of minorities (race and sex) and shall present such Plans to the Human Affairs Commission. On or before February 1 of each year, the Human Affairs Commission shall submit a report to the General Assembly concerning the status of the Affirmative Action Plans of all State agencies. If any Affirmative Action Plans have been disapproved, the report shall contain the reasons for such disapproval. If the General Assembly takes no action within sixty (60) days on those Plans which have been disapproved, the action of the Human Affairs Commission shall be final.

This title contains the chapter containing the rules for enforcing the state's employment discrimination laws.

(Statutory Authority: 1976 Code Sections 411410 through 4114150)

Subarticle 1. GENERAL APPLICATION

71 9100. Requirement of Filing Inspection Report to Claim Exemption.

Boilers described in S.C. Code 411460(3), (4), (5), (6), and (7) may claim exemption from these regulations by filing with the Department an inspection report indicating that the boiler has been inspected at the appropriate frequency. The inspection report may be in the form of a report of inspection from a certified special inspector. The inspection report may also be in the form of a certification of insurance which identifies the boiler as required by S.C. Code 411470(2) and contains evidence that the boiler has been inspected at the appropriate frequency and approved by the insurer.

DEFINITIONS

71 9101. Definitions.

For the purposes of this Chapter all definitions from the Boiler Safety Act apply. In addition the following definitions apply.

1. 'Act' means the Boiler and Pressure Vessel Safety Act, which were enacted as Title 41, Chapter 14, of the S.C. Code of Laws.

2. 'Alteration' means any change in the item described on the original Manufacturer's Data Report which affects the pressurecontaining capability of the boiler or pressure vessel. Nonphysical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered an alteration.

3. 'Approved' means approved by the Department of Labor, Licensing and Regulation.

4. 'ASME Code' means The Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers, including addenda and code cases approved by the council of that Society.

5. 'Authorized Inspection Agency' means one of the following:

a. New Construction: An Authorized Inspection Agency is one that meets the qualification and definition of NB360, Criteria for Acceptance of Authorized Inspection Agencies for New Construction.

b. Inservice: An Authorized Inspection Agency is either:

i. a jurisdictional authority as defined in the National Board Constitution, or

ii. an entity that is accredited in accordance with NB369, Qualifications and Duties for Authorized Inspection Agencies (AIAs) Performing Inservice Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels.

6. 'Special Inspector Certificate' means a certificate issued by the Department to a person who meets the requirements of the S.C. Code 411480 and these regulations.

7. 'Internal Inspection' means as complete an examination as can reasonably be made of the internal and external surfaces of a boiler while it is shut down, and manhole plates, handhold plates or other inspectionopening closures are removed as required by the inspector.

8. 'External Inspection' means an inspection made when a boiler is in operation, if possible.

9. 'Commission; National Board' means the commission issued by The National Board of Boiler and Pressure Vessel Inspectors to a holder of a certificate of competency who desires to make shop inspections or field inspections in accordance with the National Board bylaws and whose employer submits the inspector's application to the National Board for such commission.

10. 'Condemned Boiler' means a boiler that has been inspected and declared unsafe or disqualified by legal requirements by an inspector, and a stamping or marking has been applied by the chief or a special inspector designating its condemnation.

11. 'Existing Installation' means includes any boiler constructed, installed, placed in operation, or contracted for before December 31, 2005.

12. 'Hot Water Storage Tank' means a closed vessel connected to a water heater used exclusively to contain potable water.

13. 'Lined Potable Water Heater' means a water heater with a corrosionresistant lining used to supply potable hot water.

14. 'National Board' means the National Board of Boiler and Pressure Vessel Inspectors (NB), 1055 Crupper Avenue, Columbus, Ohio 43229, whose membership is composed of the chief boiler administrators of jurisdictions who are charged with the enforcement of the provisions of the Boiler and Pressure Vessel Safety Act.

15. 'National Board Inspection Code Ansi/Nb23' means the code for jurisdictional authorities, inspectors, users, and organizations performing repairs and alterations to pressureretaining items; published by the National Board.

16. 'National Board Commission' means a certificate issued by the National Board to an individual who has passed the National Board Examination, who holds a valid certificate of competency and who is regularly employed by an Authorized Inspection Agency.

17. 'National Board Commissioned Inspector' means an individual who holds a valid Certificate of Competency to perform inservice, repair and alteration inspections as defined by the National Board Inspection Code; holds a National Board commission; and is regularly employed as an inspector by an Authorized Inspection Agency.

18. 'New Boiler Installation' means includes all boilers constructed, installed, placed in operation or contracted for after December 31, 2005.

19. 'Nonstandard Boiler' means a boiler that does not bear a stamp acceptable to South Carolina, or otherwise does not comply with the Act or stated rules and regulations of this state.

20. 'Original Code of Construction' means documents promulgated by recognized national standardswriting bodies that contain technical requirements for construction of pressure retaining items or equivalent to which the original manufacturer certified the pressureretaining item.

21. 'Owner or User' means any person, firm, or corporation legally responsible for the safe installation, operation, and maintenance of any boiler within South Carolina.

22. 'PressureRetaining Item (PRI)' means any boiler, pressure vessel, piping, or material used for the containment of pressure, either internal or external. The pressure may be obtained from an external source, or by the application of heat from a direct source, or any combination thereof.

23. 'PSIG' means pounds per square inch gauge.

24. 'Reinstalled Boiler' means a boiler removed from its original setting and reinstalled at the same location or at a new location without change of ownership.

25. 'Relief valve' means a pressure relief valve actuated by inlet static pressure having a gradual lift generally proportional to the increase in pressure over opening pressure. It may be provided with an enclosed spring housing suitable for closed discharge system application and is primarily used for liquid service.

26. 'Repair' means the work necessary to restore a pressureretaining item to a safe and satisfactory operating condition.

27. 'Repair/Pressure Relief valve' means the replacement, remachining, or cleaning of any critical part, lapping of seat and disk, or any other operation, which may affect the flow passage, capacity function, or pressureretaining ability of the valve. Disassembly, reassembly, and/or adjustments, which affect the pressure relief valve function are also considered a repair.

28. 'Safety Relief valve' means depending on application, a pressure relief valve characterized by rapid opening or pop action, or by opening in proportion to the increase in pressure over opening pressure.

29. 'Safety valve' means a pressure relief valve actuated by inlet static pressure and characterized by rapid opening or pop action.

30. 'Secondhand Boiler' means a boiler, which has changed both location and ownership since primary use.

31. 'Standard Boiler' means a boiler which bears the stamp of South Carolina, the ASME stamp, the API/ASME stamp, both the ASME and National Board stamp, or the stamp of another jurisdiction which has adopted a standard of construction equivalent to that required by the Board.

32. 'Water Heater' means a closed vessel used to supply potable hot water which is heated by the combustion of fuels, electricity, or any other source and withdrawn for use external to the system at pressures not exceeding 160 psig, or a heat input of 200,000 BTU per hour, and shall include all controls and devices necessary to prevent water temperatures from exceeding 210 degrees Fahrenheit.

Subarticle 2. ADMINISTRATION

71 9102. Administration.

A. Minimum Construction Standards for Boilers

1. All new boilers installed and operated in South Carolina, unless otherwise exempted, shall be designed and constructed in accordance with the ASME Code or a nationally recognized Code of Construction accepted by South Carolina. All new boilers installed in South Carolina shall be marked in accordance with the Code of Construction and shall be registered in accordance with NB264, Criteria for Registration of Boilers, Pressure Vessels and Other PressureRetaining Items, or listed in accordance with NB265, Criteria for Listing of Boilers, Pressure Vessels and Other PressureRetaining Items Not Registered with the National Board. Pressurerelieving devices shall be constructed to the ASME Code and certified by the National Board in accordance with NB500, Criteria for Certification of Pressure Relief Devices. Copies of registration or listing documents shall be provided to the chief boiler administrator when requested.

2. State Special  a boiler that is of special design and construction where the owner has demonstrated that the special design and construction will provide an equivalent degree of safety to that of conformance with these regulations.

3. An application for permission to install a second hand boiler shall be filed before the owner or user installs the boiler with the chief boiler administrator and his/her approval obtained.

B. Frequency of Inspections of Boilers

1. Except as permitted in (a.) below, power boilers and hightemperature water boilers shall receive an inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be inspected externally annually while under normal operating conditions.

a. Alternative internal inspection requirements:

i. Fully attended power boilers and hightemperature boilers are extended to thirtysix (36) months provided that the following requirements are met:

(a). Continuous boiler water treatment under the direct supervision of persons trained and experienced in water treatment for the purpose of controlling and limiting corrosion and deposits.

(b). Recordkeeping available for review, showing:

(1) The date and time the boiler is out of service and the reason therefore.

(2) Daily analysis of water samples that adequately show the conditions of the water and elements or characteristics that are capable of producing corrosion or other deterioration to the boiler or its parts.

(c). Controls, safety devices, instrumentation, and other equipment necessary for safe operation are uptodate, in service, calibrated, and meet the requirements of an appropriate safety code for that size boilers, such as NFPA 85, ASME CSD1 Controls and Safety Devices for Automatically Fired Boilers, National Board Inspection Code ANSI/NB23, jurisdictional requirements, and are not compromised.

2. Lowpressure boilers, water heaters, and hot water storage tanks covered by these rules and regulations shall receive an inspection biennially.

a. Steam or vapor boilers shall have an external inspection and an internal inspection every two years where construction permits;

b. Hot water heating and hot water supply boilers shall have an external inspection biennially and, where construction permits, an internal inspection at the discretion of the inspector;

c. Water heaters, including hot water storage tanks, shall have an external inspection every two years, which shall include the function of all controls and devices.

3. Based upon documentation of actual service conditions by the owner or user of the operating equipment, the Department of Labor, Licensing and Regulation may, in its discretion, permit variations in the inspection frequency requirements as provided in the Act.

4. Historical boilers, defined as steam boilers of riveted construction, preserved, restored, or maintained for hobby or demonstration use, shall be subjected to an initial inspection followed by an inspection every three (3) years thereafter if stored inside a shelter and annually if stored outdoors. The initial inspection shall include ultrasonic thickness testing of all pressure boundaries. All thinned areas shall be monitored and recorded on the inspection report.

C. Notification of Inspection

1. Inspections shall be carried out at a time mutually agreeable to the inspector and owner or user.

2. The inspector may perform external inspections during reasonable hours and without prior notification.

3. When, as a result of external inspection or determination by other objective means, it is the inspector's opinion that continued operation of the boiler constitutes a menace to public safety, the inspector may request an internal inspection or an appropriate pressure test, or both, to evaluate conditions. In such instances, the owner or user shall prepare the boiler, pressure vessel or nuclear system for such inspections or tests as the inspector may designate.

D. Examination for a Special Inspector's Certificate

1. An applicant for certification as a special inspector shall have qualifications as required by S.C. Code Section 411480. Examination may be taken at any site approved by the National Board of Boiler and Pressure Vessel Inspectors.

2. The request for certification as a Special Inspector shall be completed on forms to be provided by the Department.

3. Each Special Inspector's certificate shall remain in effect until cancelled by the Department so long as the national commission (or other underlying state commission) is current. Failure to respond to a request for commission information shall result in immediate cancellation of the certificate.

E. Conflict of Interest

An inspector shall not engage in the sale of any services, article or device relating to boilers, pressure vessels, or their appurtenances.

F. Initial Inspection Reports to be Submitted by Special Inspectors or by the insurer:

1. Special Inspectors or the insurer shall submit an initial inspection report on a form approved by the department (or on a Form NB5). The owner must have a special inspector or insurer submit this report within one year of the effective date of these rules and regulations.

2. Inspection reports shall be submitted within 30 days from date of completion of the inspection.

3. The Special Inspector or insurer shall forward a copy of the inspection report to the boiler user location within 30 days from the date of inspection. If the boiler fails the inspection, the Special Inspector or insurer shall submit a report to the boiler user location within 10 days of the inspection.

4. To initially register the boiler, the Special Inspector or insurer shall affix a department issued boiler registration number. The registration number shall be placed in a conspicuous position and visible to any inspector.

G. Special Inspectors to Notify Chief Boiler Administrator of Unsafe Boilers

If a special inspector finds a boiler to be unsafe for further operation, the special inspector shall promptly notify the owner or user, stating what repairs or other corrective measures are required to bring the object into compliance with these rules and regulations. Unless the owner or user makes such repairs or adopts such other corrective measures promptly, the special inspector shall immediately notify the chief boiler administrator who may issue a written order for the temporary cessation of operation of the boiler. When reinspection establishes that the necessary repairs have been made or corrective actions have been taken and that the boiler is safe to operate, the chief boiler administrator shall be notified. At that time, the order for temporary cessation of operation will be rescinded.

H. Defective Conditions Disclosed at Time of External Inspection

If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler shall be removed to permit the inspector to satisfactorily determine the safety of the boiler. If the covering cannot be removed at that time, he/she may order the operation of the boiler stopped until such time as the covering can be removed and proper examination made.

I. Owner or User to Notify Chief Boiler Administrator of Accident

When an accident occurs to a boiler which results in personal injury to any person or results in the emergency shutdown of the boiler, the owner or user shall promptly notify the chief boiler administrator and submit a detailed report of the accident. In the event of a personal injury or any explosion, notice shall be given immediately by telephone, or accepted means of electronic communication, and neither the boiler nor any parts thereof, shall be removed or disturbed before permission has been given by the Department of Labor, Licensing, and Regulation, except for the purpose of saving human life and limiting consequential damage. If the Department of Labor, Licensing, and Regulation cannot respond within 6 hours, the owner can proceed with repairs, but must document the as found conditions.

J. Filing of Subsequent Inspection Reports

1. If a boiler after inspection is found to be suitable and to conform to these rules and regulations, the owner or user shall file a copy of the inspection report or the certificate of insurance, which contains evidence identifying each boiler that was inspected and approved. Identifying evidence must include the boiler's national number, state number and physical location. This report may be made in an electronic format accepted by South Carolina or may be on a form approved by the department or on a Form NB6 or 7.

2. The owner shall submit a filing fee in the amount of twenty five_dollars per boiler. Checks and money orders for payment of inspection report fees shall be made payable to the Department of Labor, Licensing and Regulation  Boiler Safety Program.

K. Stamping/Restamping of Boilers

1. The stamping shall not be concealed by lagging or paint and shall be exposed at all times unless a suitable record is kept of the location of the stamping so that it may be readily uncovered at any time this may be desired.

2. When the stamping on a boiler becomes indistinct, the inspector shall instruct the owner or user to have it restamped. Request for permission to restamp the boiler shall be made to the chief boiler administrator and proof of the original stamping shall accompany the request. The chief boiler administrator may grant such authorization. Restamping authorized by the Department of Labor, Licensing and Regulation shall be done only in the presence of a person holding a National Board Commission and shall be identical with the original stamping except for the ASME Code symbol stamp. Notice of completion of such stamping shall be filed with the chief boiler administrator by the inspector who witnessed the stamping on the boiler together with a facsimile of the stamping applied.

L. Condemned Boilers

Any boiler having been inspected and declared unfit for further service by an inspector shall be stamped by the chief boiler administrator on either side of the South Carolina identification number with the letters "XXX" as shown by the preceding facsimile, which will designate a condemned boiler.

M. Reinstallation of Boilers Moved Outside the Jurisdiction

When a standard boiler located within South Carolina is to be moved outside the state for temporary use or for repair, alteration, or modification, application shall be made by the owner or user to the chief boiler administrator for permission to reinstall the boiler in South Carolina. When a nonstandard boiler is removed from South Carolina, it shall not be reinstalled within the state.

N. Installation of Used or Secondhand Boilers

Before a used or secondhand boiler may be shipped for installation in South Carolina, an inspector holding a valid National Board commission must make an inspection, and the owner or user of the boiler shall file data submitted by him/her with the chief boiler administrator and with the local building official. Such boilers when installed in South Carolina shall be equipped with fittings and appurtenances that comply with the rules and regulations for new installations.

O. Reinstalled Boilers

When a stationary boiler is moved and reinstalled within South Carolina, the attached fittings and appurtenances shall comply with these rules and regulations for new installations.

P. Working Pressure for Existing Installations

Any inspector may decrease the working pressure on any existing installation if the condition of the boiler warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the Department.

Q. Safety Appliances

1. No person shall attempt to remove or do any work on any safety appliance prescribed by these rules and regulations while the appliance is subject to pressure.

2. Should any of these appliances be removed for repair during an outage of a boiler or pressure vessel, they must be reinstalled and in proper working order before the object is again placed in service.

3. No person shall alter any safety or safety relief valves or pressure relief devices in any manner to maintain a working pressure in excess of that stated on the report of the boiler or pressure vessel inspection.

R. Application of Serial Numbers

1. Upon completion of the installation of a boiler, or at the time of the initial inspection of an existing installation, each boiler shall be identified by a number unique to that item.

S. Variations

1. Any person who believes the boiler safety standards promulgated by the Department impose an undue burden upon the owner or user may request a variation from such rule or regulation. The request for variation shall be in writing and shall specify how equivalent safety is to be maintained. The Department, after investigation and such hearing as it may direct, may grant such variation from the terms of any rule or regulation provided such special conditions as may be specified are maintained in order to provide equivalent safety.

2. A copy of the application for variation shall be given by the owner or use to affected employees and to the local fire authority, who shall be given adequate opportunity to respond in writing and to appear and offer evidence at any hearing.

3. When there is a reason to believe, or upon receipt of a complaint that a variation does not provide freedom from danger equivalent to the published rule or regulation, the Department after notice to the owner or user to the complainant and to the affected employees and the local fire authority and after such hearing and investigation as it may direct, may continue to reaffirm, suspend, revoke, or modify the conditions specified in any variation. No declaration, act, or omission of the Department, chief boiler administrator, or special inspectors, other than a written order authorizing a variation as permitted above, shall be deemed to exempt, either wholly or in part, expressly or implied, any owner or user from full compliance with the terms of any rule or regulation.

T. Temporary or Leased Boilers

The owner of a leased boiler shall provide to any person who leases it, documentation that the boiler is registered in accordance with NB264 or 265 and a copy of its most recent inspection report, showing that it has been inspected according to the frequency provided in the act. South Carolina will recognize inspection reports by inspectors with valid commission from other jurisdictions.

Subarticle 3. EXISTING INSTALLATION

All special inspectors shall apply the following standards to existing installations in South Carolina.

71 9103.1. Power Boilers.

A. EBO1 Age Limit of Existing Boilers

1. The age limit of any boiler of nonstandard construction, installed prior to the date the Act became effective, shall be 30 years, except that a boiler having other than a lapriveted longitudinal joint, after a thorough internal and external inspection and, when required by the inspector, a pressure test of 11/2 times the allowable working pressure held for a period of at least 30 minutes during which no distress or leakage develops, may be continued in operation at the working pressure determined by EB03. The age limit of any nonstandard boiler having lapriveted longitudinal joints and operating at a pressure in excess of 50 psig shall be 20 years. This type of boiler, when removed from an existing setting, shall not be reinstalled for a pressure in excess of 15 psig. A reasonable time for replacement, not to exceed one year, may be given at the discretion of the Board.

2. The age limit of boilers of standard construction installed prior to the date this law became effective shall be dependent on thorough internal and external inspection and, where required by the inspector, a pressure test not exceeding 11/2 times the allowable working pressure. If the boiler, under these test conditions, exhibits no distress or leakage, it may be continued in operation at the working pressure determined by EB02.

3. The shell or drum of a boiler in which a lap seam crack develops along a longitudinal lap riveted joint shall be condemned. A lap seam crack is a crack found in lap seams extending parallel to the longitudinal joint and located either between or adjacent to rivet holes.

B. EB02 Maximum Allowable Working Pressure for Standard Boilers

The maximum allowable working pressure for standard boilers shall be determined in accordance with the applicable provisions of the edition of the ASME Code under which they were constructed and stamped.

C. EB03 Maximum Allowable Working Pressure for Nonstandard Boilers

1. The maximum allowable working pressure for boilers fabricated by riveting shall be determined by the applicable rules of the 1971 Edition of Section I of the ASME Code. The lowest factor of safety permissible on existing installations shall be 5.0, except for horizontalreturntubular boilers having continuous longitudinal lap seams more than 12 ft. in length, where the factor of safety shall be 8. When this latter type of boiler is removed from its existing setting, it shall not be reinstalled for pressures in excess of 15 psig.

2. The maximum allowable working pressure for boilers of welded construction in service may not exceed that allowable in Section I of the ASME Code for new boilers of the same construction. The maximum allowable working pressure on the shell of a boiler or drum shall be determined by the strength of the weakest course computed from the thickness of the plate, the tensile strength of the plate, the efficiency of the longitudinal joint, the inside diameter of the course, and the factor of safety allowed by these rules in accordance with the following formula:

(TS)(t)(E)(R)(FS) = maximum allowable working pressure, psig where:

(TS) = specified minimum tensile strength of shell plate material, psi. When the tensile strength of steel or wroughtiron shell plate is not known, it shall be taken as 55,000 psi for steel and 45,000 psi for wrought iron

(t) = minimum thickness of shell plate, in weakest course, inches

(E) = efficiency of longitudinal joint, method of determining which is given in Paragraph PG27 of Section I of the ASME Code

(R) = inside radius of the weakest course of the shell or drum, inches

(FS) = factor of safety, which shall be at least 5.0

3. The inspector may increase the factor of safety, if the condition and safety of the boiler warrant it.

D. EB04 CastIron Headers and Mud Drums

The maximum allowable working pressure on a water tube boiler, the tubes of which are secured to castiron or malleable iron headers, or which have castiron mud drums, shall not exceed 160 psig.

E. EB05 Pressure on CastIron Boilers

The maximum allowable working pressure for any castiron boiler, except hot water boilers, shall be 15 psig. See EHB1, 2, and 4.

F. EB06 Safety Valves

1. The use of weightedlever safety valves or safety valves having either the seat or disk of castiron are prohibited; valves of this type of construction shall be replaced by direct, spring loaded, poptype valves that conform to the requirements of ASME Code, Section 1.

2. Each boiler shall have at least one ASME/NB stamped and certified safety valve, and if it is a high pressure boiler with a high pressure more than 500 sq. ft. of waterheating surface, or an electric power input of more than 1,100 KW, it shall have two or more safety valves of the same type.

3. The valve or valves shall be connected to the boiler, independent of any other steam connection and attached as close as possible to the boiler without unnecessary intervening pipe or fittings. Where alteration is required to conform to this requirement, owners or users shall be allowed reasonable time in which to complete the work as permitted by the chief boiler administrator.

4. No valves of any description shall be placed between the safety valve and the boiler or on the escape pipe, if used. When an escape pipe is used, it shall be at least the full size of the safety valve discharge and fitted with an open drain to prevent water lodging in the upper part of the safety valve or in the escape pipe. When an elbow is placed on a safety valve escape pipe, it shall be located close to the safety valve outlet, or the escape pipe shall be anchored and supported securely. All safety discharges shall be located and carried by a pipe clear from walkways or platforms.

5. The safety valve capacity of each boiler shall be such that the safety valve or valves will discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than 6 percent above the highest pressure to which any valve is set, and in no case to more than 6 percent above the maximum allowable working pressure.

6. One or more safety valves on every boiler shall be set at or below the maximum allowable working pressure. The remaining valves may be set within a range of 3 percent above the maximum allowable working pressure, but the range of setting of all the safety valves on a boiler shall not exceed 10 percent of the highest pressure to which any valve is set.

7. When boilers of different maximum allowable working pressures with minimum safety valve settings varying more than 6 percent are so connected that steam can flow toward the lower pressure units, the latter shall be protected by additional safety valve capacity, if necessary, on the lower pressure side of the system. The additional safety valve capacity shall be based upon the maximum amount of steam, which can flow into the lower pressure system.

8. In those cases where the boiler is supplied with feed water directly from water mains without the use of feeding apparatus (not to include return traps), no safety valve shall be set at a pressure greater than 94 percent of the lowest pressure obtained in the supply main feeding the boiler.

9. The relieving capacity of the safety valves on any boiler shall be checked by one of the following three methods and, if found to be insufficient, additional valves shall be provided:

a. By making an accumulation test, which consists of shutting off all other steam discharge outlets from the boiler and forcing the fires to the maximum. The safety valve capacity shall be sufficient to prevent a rise of pressure in excess of 6 percent of the maximum allowable working pressure. This method should not be used on a boiler with a super heater or reheater;

b. By measuring the maximum amount of fuel that can be burned and computing the corresponding evaporative capacity (steamgenerating capacity) upon the basis of the heating value of this fuel. These computations shall be made as outlined in the Appendix of the ASME Code, Section l;

c. By measuring the maximum amount of feed water that can be evaporated.

d. When either of the methods outlined in b or c is employed, the sum of the safety valve capacities shall be equal to or greater than the maximum evaporative capacity (maximum steamgenerating capacity) of the boiler.

G. EB07 Boiler Feeding

Each boiler shall have a feed supply, which will permit it to be fed at any time while under pressure. A boiler having more than 500 sq. ft. of water heating surface shall have at least two suitable means of feeding, at least one of which shall be a feed pump. A source of feed at a pressure 6 percent greater than the set pressure of the safety valve with the highest setting may be considered one of the means. Boilers fed by gaseous, liquid, or solid fuel in suspension may be equipped with a single means of feeding water, provided means are furnished for the shutoff of heat input prior to the water level reaching the lowest safe level. The feed water shall be introduced into a boiler in such a manner that the water will not be discharged directly against surfaces exposed to gases of high temperature to direct radiation from the fire. For pressures of 400 psig or over, the feed water inlet through the drum shall be fitted with shields, sleeves, or other suitable means to reduce the effects of temperature differentials in the shell or head. The feed piping to the boiler shall be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there shall also be a valve on the branch to each boiler between the check valve and the source of supply. Whenever a globe valve is used on feed piping, the inlet shall be under the disk of the valve. In all cases where returns are fed back to the boiler by gravity, there shall be a check valve and stop valve in each return line, the stop valve to be placed between the boiler and the check valve, and both shall be located as close to the boiler as is practicable. It is recommended that no stop valves be placed in the supply and return pipe connections of a single boiler installation. Where deaerating heaters are not employed, it is recommended that the temperature of the feed water be not less than 120 degrees F to avoid the possibility of setting up localized stress. Where deaerating heaters are employed, it is recommended that the minimum feed water temperature be not less than 215 degrees F so that dissolved gases may be thoroughly released.

H. EB08 Water Level Indicators

1. Each boiler, except forcedflow steam generators with no fixed steam and waterline, and high temperature water boilers of the forced circulation type that have no steam and waterline, shall have at least one water gauge glass. Boilers operated at pressures over 400 psig shall be provided with two water gauge glasses which may be connected to a single water column or connected directly to the drum.

2. Two independent remote level indicators may be provided instead of one of the two required gauge glasses for boiler drum water level indication in the case of power boilers with all drum safety valves set at or above 900 psig. When both remote level indicators are in reliable operation, the remaining gauge glass may be shut off, but shall be maintained in serviceable condition.

3. When the direct reading of the gauge glass water level is not readily visible to the operator in his/her working area, two dependable indirect indications shall be provided, either by transmission of the gauge glass image or by remote level indicators.

4. The lowest visible part of the water gauge glass shall be at least 2 in. above the lowest permissible water level, at which level there will be no danger of overheating any part of the boiler when in operation at that level. When remote level indication is provided for the operator in lieu of the gauge glass, the same minimum level reference shall be clearly marked.

5. Connections from the boiler to the remote level indicator shall be at least 3/4 in. pipe size to and including the isolation valve and from there to the remote level indicator at least 1/2 in. O.D. tubing. These connections shall be completely independent of other connections for any function other than water level indication. For pressures of 400 psig or over, lower connections to drums shall be provided with shields, sleeves, or other suitable means to reduce temperature differentials in the shells or heads.

6. Boilers of the horizontal fire tube type shall be set so that when the water is at the lowest reading in the water gauge glass, there shall be at least 3 in. of water over the highest point of the tubes, flues, or crown sheets.

7. Boilers of locomotives shall have at least one water glass provided with top and bottom shutoff cocks and lamp, and two gauge cocks for boilers 36 in. in diameter and under, and three gauge cocks for boilers over 36 in. in diameter.

8. The lowest gauge cock and the lowest reading of water glass shall not be less than 2 in. above the highest point of crown sheet on boilers 36 in. in diameter and under, nor less than 3 in. for boilers over 36 in. in diameter. These are minimum dimensions, and on larger locomotives and those operating on steep grades, the height should be increased, if necessary, to compensate for change of water level on descending grades.

9. The bottom mounting for water glass and for water column if used must extend not less than 11/2 in. inside the boiler and beyond any obstacle immediately above it, and the passage therein must be straight and horizontal.

10. Tubular water glasses must be equipped with a protecting shield.

11. All connections on the gauge glass shall be not less than 1/2 in. pipe size. Each water gauge glass shall be fitted with a drain cock or valve having an unrestricted drain opening of not less than 1/4 in. diameter to facilitate cleaning. When the boiler operating pressure exceeds 100 psig, the glass shall be furnished with a connection to install a valved drain to the ash pit or other safe discharge point.

12. Each water gauge glass shall be equipped with a top and a bottom shutoff valve of such throughflow construction as to prevent stoppage by deposits of sediments. If the lowest valve is more than 7 ft. above the floor or platform from which it is operated, the operating mechanism shall indicate by its position whether the valve is open or closed. The pressuretemperature rating shall be at least equal to that of the lowest set pressure of any safety valve on the boiler drum and the corresponding saturatedsteam temperature.

13. Straightrun globe valves shall not be used on such connections.

14. Automatic shutoff valves, if permitted to be used, shall conform to the requirements of Section I of the ASME Code.

I. EBO9 Water Columns

1. The water column shall be so mounted that it will maintain its correct position relative to the normal waterline under operating conditions.

2. The minimum size of pipes connecting the water column to a boiler shall be 1 in. For pressures of 400 psig or over, lower water column connections to drums shall be provided with shields, sleeves, or other suitable means to reduce the effect of temperature differentials in the shells or heads. Water glass fittings or gauge cocks may be connected directly to the boiler.

3. The steam and water connections to a water column or a water gauge glass shall be such that they are readily accessible for internal inspection and cleaning. Some acceptable methods of meeting this requirement are by providing a cross or fitting with a back outlet at each rightangle turn to permit inspection and cleaning in both directions, or by using pipe bends or fittings of a type which does not leave an internal shoulder or pocket in the pipe connection and with a radius of curvature which will permit the passage of a rotary cleaner. Screwed plug closures using threaded connections as allowed by Section I of the ASME Code are acceptable means of access for this inspection and cleaning. For boilers with all drum safety valves set at or above 400 psig, socketwelded plugs may be used for this purpose in lieu of screwed plugs. The water column shall be fitted with a connection for a drain cock or drain valve to install a pipe of at least 3/4 in. pipe size to the ash pit or other safe point of discharge. If the water connection to the water column has a rising bend or pocket, which cannot be drained by means of the water column drain, an additional drain shall be placed on this connection in order that it may be blown off to clear any sediment from the pipe.

4. The design and material of a water column shall comply with the requirements of Section I of the ASME Code. Water columns made of cast iron in accordance with SA278 may be used for maximum boiler pressures not exceeding 250 psig. Water columns made of ductile iron in accordance with SA395 may be used for maximum boiler pressures not exceeding 350 psig. For higher pressures, steel construction shall be used.

5. Shutoff valves shall not be used in the pipe connections between a boiler and a water column or between a boiler and the shutoff valves required for the gauge glass, unless they are either outsidescrewandyoke or leverliftingtype gate valves or stopcocks with lever permanently fastened thereto and marked in line with their passage, or of such other throughflow construction as to prevent stoppage by deposits of sediment, and to indicate by the position of the operating mechanisms whether they are in open or closed position; and such valves or cocks shall be locked or sealed open. Where stopcocks are used, they shall be of a type with the plug held in place by a guard or gland.

6. No outlet connections, except for control devices (such as damper regulators and feed water regulators), drains, steam gauges, or apparatus of such form as does not permit the escape of an appreciable amount of steam or water there from, shall be placed on the pipes connecting a water column or gauge glass to a boiler.

J. EB010 Gauge Glass Connections

Gauge glasses and gauge cocks that are not connected directly to a shell or drum of the boiler shall be connected by one of the following methods:

1. The water gauge glass or glasses and gauge cocks shall be connected to an intervening water column.

2. When only water gauge glasses are used, they may be mounted away from the shell or drum and the water column omitted, provided the following requirements are met.

a. The top and bottom gauge glass fittings are aligned, supported, and secured so as to maintain the alignment of the gauge glass;

b. The steam and water connections are not less than 1 in. pipe size and each water glass is provided with a valved drain; and

c. The steam and water connections comply with the requirements of the following:

i. the lower edge of the steam connection to a water column or gauge glass in the boiler shall not be below the highest visible water level in the water gauge glass. There shall be no sag or offset in the piping which will permit the accumulation of water; and

ii. the upper edge of the water connection to a water column or gauge glass and the boiler shall not be above the lowest visible water level in the gauge glass. No part of this pipe connection shall be above the point of connection at the water column.

3. Each boiler (except those not requiring water level indicators) shall have three or more gauge cocks located within the visible length of the water glass, except when the boiler has two water glasses located on the same horizontal lines.

4. Boilers not over 36 in. in diameter in which the heating surface does not exceed 100 sq. ft. need have but two gauge cocks.

5. The gauge cock connections shall be not less than 1/2 in. pipe size.

K. EB011 Pressure Gauges

Each boiler shall have a pressure gauge so located that it is easily readable. The pressure gauge shall be installed so that it shall at all times indicate the pressure in the boiler. Each steam boiler shall have the pressure gauge connected to the steam space or to the water column or its steam connection. A valve or cock shall be placed in the gauge connection adjacent to the gauge. An additional valve or cock may be located near the boiler, providing it is locked or sealed in the open position. No other shutoff valves shall be located between the gauge and the boiler. The pipe connection shall be of ample size and arranged so that it may be cleared by blowing out. For a steam boiler, the gauge or connection shall contain a siphon or equivalent device, which will develop and maintain a water seal that will prevent steam from entering the gauge tube. Pressure gauge connections shall be suitable for the maximum allowable working pressure and temperature but if the temperature exceeds 406 degrees F, brass or copper pipe or tubing shall not be used. The connections to the boiler, except the siphon (if used), shall not be less than 1/4 in. inside diameter standard pipe size. But where steel or wrought iron pipe or tubing is used they shall not be less than 1/2 in. The minimum size of a siphon (if used) shall be 1/4 in. inside diameter. The dial of the pressure gauge shall be graduated to approximately double the pressure at which the safety valve is set, but in no case to less than 11/2 times this pressure. Each forcedflow steam generator with no fixed steam and waterline shall be equipped with pressure gauges or other pressuremeasuring devices located as follows:

1. At the boiler or super heater outlet (following the last section which involves absorption of heat).

2. At the boiler or economizer inlet (preceding any section which involves absorption of heat).

3. Upstream of any shutoff valve, which may be used between any two sections of the heatabsorbing surface.

Each hightemperature water boiler shall have a temperature gauge so located and connected that it shall be easily readable. The temperature gauge shall be installed so that it, at all times, indicates the temperature in degrees Fahrenheit of the water in the boiler, at or near the outlet connection.

L. B012 Stop Valves

1. Each steam outlet from a boiler (except safety valve and water column connections) shall be fitted with a stop valve located as close as practicable to the boiler.

2. When a stop valve is so located that water can accumulate, ample drains shall be provided. The drainage shall be piped to a safe location and shall not be discharged on the top of the boiler or its setting.

3. When boilers provided with manholes are connected to a common steam main, the steam piping connected from each boiler shall be fitted with two stop valves having an ample free blow drain between them. The discharge of the drain shall be visible to the operator while manipulating the valves and shall be piped clear of the boiler setting. The stop valves shall consist preferably of one automatic nonreturn valve (set next to the boiler) and a second valve of the outsidescrewandyoke type.

M. EB013 Blow Off Piping

1. A blow off as required herein is defined as a pipe connection provided with valves located in the external piping through which the water in the boiler may be blown out under pressure, excepting drains such as are used on water columns, gauge glasses, or piping to feed water regulators, etc., used for the purpose of determining the operating conditions of such equipment. Piping connections used primarily for continuous operation, such as deconcentrators on continuous blow down systems, are not classed as blow offs, but the pipe connections and all fittings up to and including the first shutoff valve shall be equal at least to the pressure requirements for the lowest set pressure of any safety valve on the boiler drum and with the corresponding saturatedsteam temperature.

2. A surface blow off shall not exceed 21/2 in. pipe size, and the internal pipe and the terminal connection for the external pipe, when used, shall form a continuous passage, but with clearance between their ends and arranged so that the removal of either will not disturb the other. A properly designed steel bushing, similar to or the equivalent of those shown in Fig. PG59.1 of Section I of the ASME Code, or a flanged connection shall be used.

3. Each boiler, except forcedflow steam generators with no fixed steam and waterline and hightemperature water boilers, shall have a bottom blow off outlet in direct connection with the lowest water space practicable for external piping conforming to PG58.3.6 of Section I of the ASME Code.

4. All water walls and water screens which do not drain back into the boiler, and all integral economizers, shall be equipped with outlet connections for a blow off or drain line and conform to the requirements of PG58.3.6 or PG58.3.7 of the ASME Code.

5. Except as permitted for miniature boilers, the minimum size of pipe and fittings shall be 1 in., and the maximum size shall be 21/2 in., except that for boilers with 100 sq. ft. of heating surface or less; the minimum size of pipe and fittings may be 3/4 in.

6. Condensate return connections of the same size or larger than the size herein specified may be used, and the blow off may be connected to them. In such cases, the blow off shall be so located that the connection may be completely drained.

7. A bottom blow off pipe when exposed to direct furnace heat shall be protected by firebrick or other heatresisting material, which is so arranged that the pipe may be inspected. An opening in the boiler setting for a blow off pipe shall be arranged to provide free expansion and contraction.

N. Repairs and Renewals of Boiler Fittings and Appliances

Whenever repairs are made to fittings or appliances or it becomes necessary to replace them, the work shall comply with the requirements for new installations.

O. EB015 Conditions Not Covered By These Requirements

All cases not specifically covered by these requirements shall be treated as new installations or may be referred to the chief boiler administrator for instructions concerning the requirements.

71 9103.2. Heating Boilers.

A. EHB1 Standard Boilers

The maximum allowable working pressure of standard boilers shall in no case exceed the pressure indicated by the manufacturer's identification stamped or cast on the boiler or on a plate secured to it.

B. EHB2 Nonstandard Riveted Boilers

The maximum allowable working pressure on the shell of a nonstandard riveted heating boiler shall be determined in accordance with EB03 of 719103.1. (C), except that in no case shall the maximum allowable working pressure of a steamheating boiler exceed 15 psig, or a hot water boiler exceed 160 psig or 250 degrees F temperature.

C. EHB3 Nonstandard Welded Boilers

The maximum allowable working pressure of a nonstandard steel or wrought iron heating boiler of welded construction shall not exceed 15 psig for steam. For other than steam service, the maximum allowable working pressure shall be calculated in accordance with Section IV of the ASME Code, but in no case shall it exceed 30 psig.

D. EHB4 Nonstandard CastIron Boilers

1. The maximum allowable working pressure of a nonstandard boiler composed principally of cast iron shall not exceed 15 psig for steam service or 30 psig for hot water service.

2. The maximum allowable working pressure of a nonstandard boiler having castiron shell or heads and steel or wroughtiron tubes shall not exceed 15 psig for steam service or 30 psig for hot water service.

E. EHB5 Potable Water Heaters

A potable water heater shall not be installed or used at pressures exceeding 160 psig or water temperatures exceeding 210 degrees F.

F. EHB6 Safety Valves

1. Each steam boiler shall have one or more ASME/National Boardstamped and certified safety valves of the spring poptype adjusted and sealed to discharge at a pressure not to exceed 15 psig. Seals shall be attached in a manner to prevent the valve from being disassembled without breaking the seal. The safety valves shall be arranged so that they cannot be reset to relieve at a higher pressure than the maximum allowable working pressure on the boiler. The manufacturer shall provide a body drain connection below seat level and this drain shall not be plugged during or after field inspection. For valves exceeding 21/2 in. pipe size, the drain hole or holes shall be tapped not less than 3/8 in. pipe size. For valves 21/2 in. in pipe size and smaller, the drain hole shall not be less than 1/4 in. in diameter.

2. No safety valve for a steam boiler shall be smaller than 1/2 in. No safety valve shall be larger than 41/2 in. The inlet opening shall have an inside diameter equal to, or greater than, the seat diameter.

3. The minimum relieving capacity of the valve or valves shall be governed by the capacity marking on the boiler.

4. The minimum valve capacity in pounds per hour shall be the greater of that determined by dividing the maximum BTU output at the boiler nozzle obtained by the firing of any fuel for which the unit is installed by 1,000, or shall be determined on the basis of the pounds of steam generated per hour per square foot of boiler heating surface as given in Table EHB6. In many cases a greater relieving capacity of valves than the minimum specified by these rules will have to be provided. In every case, the requirements of EHB6(5) shall be met.

TABLE EHB6

Minimum Pounds of Steam Per Hour Per Square Foot of Heating Surface

Fire tube Boilers Water tube Boilers

Boiler Heating Surface:

Handfired 5 6

Stokerfired 7 8

Oil, gas, or pulverized fuelfired 8 10

Water wall Heating Surface:

Handfired 8 8

Stokerfired 10 12

Oil, gas, or pulverized fuelfired 14 16

a. When a boiler is gas fed and does not have a heat value in excess of 200 BTU per cu. ft., the minimum safety valve or safety relief valve relieving capacity may be based on the value given for hand fed boilers above.

b. The minimum safety valve or safety relief valve relieving capacity for electric boilers shall be 31/2 pounds per hour per kilowatt input.

c. For heating surface determination see ASME Code Section IV, Paragraph HG403.

5. The safety valve capacity for each steam boiler shall be such that with the fuel burning equipment installed and operating at maximum capacity, the pressure cannot rise more than 5 psig above the maximum allowable working pressure.

6. When operating conditions are changed, or additional boiler heating surface is installed, the valve capacity shall be increased, if necessary, to meet the new conditions and be in accordance with EHB6(5). When additional valves are required, they may be installed on the outlet piping provided there is no intervening valve.

7. If there is any doubt as to the capacity of the safety valve, an accumulation test shall be run (See ASME Code, Section VI, Recommended Rules for Care and Operation of Heating Boilers).

8. No valve of any description shall be placed between the safety valve and the boiler, or on the discharge pipe between the safety valve and the atmosphere. The discharge pipe shall be at least full size and be fitted with an open drain to prevent water lodging in the upper part of the safety valve or in the discharge pipe. When an elbow is placed on the safety valve discharge pipe, it shall be located close to the safety valve outlet or the discharge pipe shall be securely anchored and supported. All safety valve discharges shall be so located or piped as not to endanger persons working in the area.

G. EHB7 Safety Relief Valve Requirements for Hot Water Heating and Hot Water Supply Boilers

1. Each hot water heating and hot water supply boiler shall have at least one ASME/National Boardstamped and certified safety relief valve set to relieve at or below the maximum allowable working pressure of the boiler. Each hot water supply boiler shall have at least one ASMENational Boardstamped and certified safety relief valve of the automatic reseating type set to relieve at or below maximum allowable working pressure of the boiler. Safety relief valves ASMENational Boardstamped and certified as to capacity shall have pop action when tested by steam. When more than one safety relief valve is used on either a hot water heating or hot water supply boiler, the additional valve or valves shall be ASME National Boardstamped and certified and may be set within a range not to exceed 6 psig above the maximum allowable working pressure of the boiler up to and including 60 psig and 5 percent for those having a maximum allowable working pressure exceeding 60 psig. Safety relief valves shall be springloaded. Safety relief valves shall be so arranged that they cannot be reset at a higher pressure than the maximum permitted by this paragraph.

2. No materials liable to fail due to deterioration or vulcanization when subject to saturated steam temperature corresponding to capacity test pressure shall be used for any part.

3. No safety relief valve shall be smaller than 3/4 in. nor larger than 41/2 in. standard pipe size, except that boilers having a heat input not greater than 15,000 BTU per hour may be equipped with a safety relief valve of 1/2 in. standard pipe size. The inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter. In no case shall the minimum opening through any part of the valve be less than 1/4 in. in diameter or its equivalent area.

4. The required steamrelieving capacity, in pounds per hour, of the pressure relieving device or devices on a boiler shall be the greater of that determined by dividing the maximum output in BTU at the boiler nozzle obtained by the firing of any fuel for which the unit is installed by 1,000 or shall be determined on the basis of pounds of steam generated per hour per square foot of boiler heating surface as given in Table EHB6. In many cases, a greater relieving capacity of valves will have to be provided than the minimum specified by these rules. In every case, the requirements of EHB7(6) shall be met.

5. When operating conditions are changed, or additional boiler heating surface is installed, the valve capacity shall be increased, if necessary, to meet the new conditions and shall be in accordance with EHB7(6). The additional valves required, on account of changed conditions, may be installed on the outlet piping provided there is no intervening valve.

6. Safety relief valve capacity for each boiler shall be such that, with the fuel burning equipment installed and operated at maximum capacity, the pressure cannot rise more than 10 percent above the maximum allowable working pressure. When more than one safety relief valve is used, the overpressure shall be limited to 10 percent above the set pressure of the highest set valve allowed by EHB6(1).

7. If there is any doubt as to the capacity of the safety relief valve, an accumulation test shall be run (See ASME Code, Section VI, Recommended Rules for Care and Operation of Heating Boilers).

8. No valve of any description shall be placed between the safety relief valve and the boiler, or on the discharge pipe between the safety relief valve and the atmosphere. The discharge pipe shall be not less than the diameter of the safety relief valve outlet and fitted with an open drain to prevent water lodging in the upper part of the safety relief valve or in the discharge pipe. When an elbow is placed on the safety relief valve discharge pipe, it shall be located close to the safety relief valve outlet, or the discharge pipe shall be securely anchored and supported. All safety relief valve discharges shall be so located or piped as not to endanger persons working in the area.

H. EHB8 Steam Gauges

1. Each steam boiler shall have a steam gauge or a compound steam gauge connected to its steam space or to its water column or to its steam connection. The gauge or connection shall contain a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gauge tube. The connection shall be so arranged that the gauge cannot be shut off from the boiler except by a cock placed in the pipe at the gauge and provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the cock is open. The connections to the boiler shall be not less than 1/4 in. standard pipe size, but where steel or wroughtiron pipe or tubing is used, they shall be not less than 1/2 in. standard pipe size. The minimum size of a siphon, if used, shall be 1/4 in. inside diameter. Ferrous and nonferrous tubing having inside diameters at least equal to that of standard pipe sizes listed above may be substituted for pipe.

2. The scale on the dial of a steam boiler gauge shall be graduated to not less than 30 psig nor more than 60 psig. The travel of the pointer from 0 to 30 psig pressure shall be at least 3 in.

I. EHB9 Pressure or Altitude Gauges and Thermometers

1. Each hot water boiler shall have a pressure or altitude gauge connected to it or to its flow connection in such a manner that it cannot be shut off from the boiler except by a cock with tee or lever handle, placed on the pipe near the gauge. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.

2. The scale on the dial of the pressure or altitude gauge shall be graduated approximately to not less than 11/2 nor more than three times the pressure at which the safety relief valve is set.

3. Piping or tubing for pressure or altitudegauge connections shall be of nonferrous metal when smaller than 1 in. pipe size.

4. Each hot water boiler shall have a thermometer so located and connected that it shall be easily readable when observing the water pressure or altitude. The thermometer shall be so located that it shall at all times indicate the temperature in degrees Fahrenheit of the water in the boiler at or near the outlet.

J. EHB10 Water Gauge Glasses

1. Each steam boiler shall have one or more water gauge glasses attached to the water column or boiler by means of valved fittings not less than 1/2 in. pipe size, with the lower fitting provided with a drain valve of a type having an unrestricted drain opening not less than 1/4 in. in diameter to facilitate cleaning. Gauge glass replacement shall be possible under pressure. Water glass fittings may be attached directly to a boiler.

2. Boilers having an internal vertical height of less than 10 in. may be equipped with a water level indicator of the glass bull'seye type provided the indicator is of sufficient size to show the water at both normal operating and lowwater cutoff levels.

3. The lowest visible part of the water gauge glass shall be at least 1 in. above the lowest permissible water level recommended by the boiler manufacturer. With the boiler operating at this lowest permissible water level, there shall be no danger of overheating any part of the boiler.

4. Each boiler shall be provided at the time of manufacture with a permanent marker indicating the lowest permissible water level. The marker shall be stamped, etched, or cast in metal; or it shall be a metallic plate attached by rivets, screws, or welding; or it shall consist of material with documented tests showing its suitability as a permanent marking for the application. This marker shall be visible at all times. Where the boiler is shipped with a jacket, this marker may be located on the jacket.

5. In electric boilers of the submerged electrode type, the water gauge glass shall be so located to indicate the water levels both at startup and under maximum steam load conditions as established by the manufacturer.

6. In electric boilers of the resistance heating element type, the lowest visible part of the water gauge glass shall not be below the top of the electric resistanceheating element. Each boiler of this type shall also be equipped with an automatic lowwater electrical power cutoff so located as to automatically cut off the power supply before the surface of the water falls below the top of the electrical resistance heating elements.

7. Tubular water glasses on electric boilers having a normal water content not exceeding 100 gal. shall be equipped with a protective shield.

K. EHB11 Stop Valves

1. When a stop valve is used in the supply pipe connection of a single steam boiler, there shall be one used in the return pipe connection.

2. Stop valves in single hot water heating boilers shall be located at an accessible point in the supply and return pipe connections, as near the boiler nozzle as is convenient and practicable, to permit draining the boiler without emptying the system.

3. When the boiler is located above the system and can be drained without draining the system, stop valves may be eliminated.

4. A stop valve shall be used in each supply and return pipe connection of two or more boilers connected to a common system.

5. All valves or cocks shall conform to the applicable portions of HF203 of Section IV of the ASME Code and may be ferrous or nonferrous.

6. The minimum pressure rating of all valves or cocks shall be at least equal to the pressure stamped upon the boiler, and the temperature rating of such valves or cocks, including all internal components, shall be not less than 250 degrees F.

7. Valves or cocks shall be flanged, threaded or have ends suitable for welding or brazing.

8. All valves or cocks with stems or spindles shall have adjustable pressuretype packing glands and, in addition, all plugtype cocks shall be equipped with a guard or gland. The plug or other operating mechanism shall be distinctly marked in line with the passage to indicate whether it is opened or closed.

9. All valves or cocks shall have tight closure when under boiler pressure test.

10. When stop valves are used, tags of metal or other durable material fastened to them shall properly designate them substantially.

L. EHB12 Feed Water Connections

1. Feed water, makeup water, or water treatment shall be introduced into a boiler through the return piping system. Alternatively, makeup water or water treatment may be introduced through an independent connection. The water flow from the independent connection shall not discharge directly against parts of the boiler exposed to direct radiant heat from the fire. Makeup water or water treatment shall not be introduced through openings or connections provided for inspection or cleaning, safety valve, safety relief valve, blow off, water column, water gauge glass, pressure gauge, or temperature gauge.

2. The makeup water pipe shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler or between the check valve and the return pipe system.

M. EHB13 Water Column and Water Level Control Pipes

1. The minimum size of ferrous or nonferrous pipes connecting a water column to a steam boiler shall be 1 in. No outlet connections, except for damper regulator, feed water regulator, steam gauges, or apparatus which does not permit the escape of any steam or water except for manually operated blow downs, shall be attached to a water column or the piping connecting a water column to a boiler (see HG705 of Section IV of the ASME Code for introduction of feed water into a boiler). If the water column, gauge glass, lowwater fuel cutoff, or other water level control device is connected to the boiler by pipe and fittings, no shutoff valves of any type shall be placed in such pipe, and a cross or equivalent fitting to which a drain valve and piping may be attached shall be placed in the water piping connection at every rightangle turn to facilitate cleaning. The water column drainpipe and valve shall be not less than 3/4 in. pipe size.

2. The steam connections to the water column of a horizontal fire tube wroughtiron boiler shall be taken from the top of the shell or the upper part of the head, and the water connection shall be taken from a point not above the centerline of the shell. For a castiron boiler, the steam connection to the water column shall be taken from the top of an end section or the top of the steam header, and the water connection shall be made on an end section not less than 6 in. below the bottom connection to the water gauge glass.

N. EHB14 Return Pump

Each boiler equipped with a condensate return pump shall be provided with a water level control arranged to automatically maintain the water level in the boiler within the range of the gauge glass.

O. EHB15 Repairs and Renewals of Fittings and Appliances

Whenever repairs are made to fittings or appliances, or it becomes necessary to replace them, the repairs must comply with Section IV of the ASME Code for new construction.

Subarticle 4. GENERAL REQUIREMENTS

71 9104. General Requirements.

A. GR1 Inspection of Boilers

All boilers not exempted by the Act or by rules and regulations promulgated under the Act and which are subject to regular inspections shall be prepared for such inspections as required in GR2.

B. GR2 Preparation for Inspection

The owner or user shall prepare each boiler for inspection, and shall prepare for and apply a hydrostatic or pressure test, whenever necessary, on the date arranged by the inspector which shall not be less than seven (7) days after the date of notification.

1. Boilers  the owner or user shall prepare a boiler for internal inspection in the following manner:

a. Water shall be drawn off and the boiler washed thoroughly;

b. Manhole and hand hole plates, washout plugs, and inspection plugs in water column connections shall be removed as required by the inspector. The furnace and combustion chambers shall be cooled and thoroughly cleaned;

c. All grates of internally fired boilers shall be removed if required by the inspector;

d. Insulation or brickwork shall be removed as required by the inspector in order to determine the condition of the boiler, headers, furnace, supports, or other parts;

e. The pressure gauge shall be removed for testing as required by the inspector;

f. Any leakage of steam or hot water into the boiler shall be prevented by disconnecting the pipe or valve at the most convenient point or any appropriate means approved by the inspector; and

g. Before opening the manhole or hand hole covers and entering any parts of the steamgenerating unit connected to a common header with other boilers, the non return and steam stop valves must be closed, tagged, and padlocked, and drain valves or cocks between the two valves opened. The feed valves must be closed, tagged, and padlocked, and drain valves or cocks located between the two valves opened. After draining the boiler, the blow off valves shall be closed, tagged, and padlocked. Blow off lines, where practicable, shall be disconnected between pressure parts and valves. All drains and vent lines shall be opened.

C. GR3 Boilers Improperly Prepared for Inspection

If a boiler has not been properly prepared for an internal inspection, or if the owner or user fails to comply with the requirements for a pressure test as set forth in these rules, the inspector may decline to make the inspection or test.

D. GR4 Removal of Covering to Permit Inspection

If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler shall be removed to permit the inspector to satisfactorily determine the safety of the boiler.

E. GR5 Lap Seam Crack

The shell or drum of a boiler (in which a lap seam crack is discovered along a longitudinal riveted joint) shall be immediately discontinued from use. Patching is prohibited. (Lap seam crack refers to a crack found in lap seams extending parallel to the longitudinal joint, and located either between or adjacent to rivet holes.)

F. GR6 Pressure Test

1. A pressure test, when applied to boilers, need not exceed the maximum allowable working pressure or the setting of the lowest set safety valves. The pressure shall be under proper control so that in no case shall the required test pressure be exceeded. During a pressure test the safety valve or valves shall be removed or each valve disk shall be held to its seat by means of a testing clamp and not by screwing down the compression screw upon the spring. A plug device designed for this purpose may be used.

2. It is suggested that the minimum metal temperatures during a pressure test shall be not less than 70 degrees F, and that the maximum metal temperature during inspection shall not exceed 120 degrees F.

3. When a pressure test is applied to determine tightness, the pressure shall be equal to the normal operating pressure but need not exceed the release pressure of the safety valve having the lowest release setting.

4. When the contents of the vessel prohibit contamination by any other medium or when a water pressure test is not possible, other testing media may be used providing the precautionary requirements of the applicable section of the ASME Code are followed. In such cases, there shall be agreement between the owner and the inspector.

G. GR7 Automatic LowWater Fuel Cutoff and/or Water Feeding Device

1. Each automatically fired steam or vapor system boiler shall be equipped with an automatic lowwater fuel cutoff so located as to automatically cut off the fuel supply when the surface of the water falls to the lowest safe waterline. If a waterfeeding device is installed, it shall be so constructed that the water inlet valve cannot feed water into the boiler through the float chamber and so located as to supply requisite feed water. The lowest safe waterline should not be lower than the lowest visible part of the water glass.

2. Hot water heating boilers shall be equipped with a Low Water Fuel Cutoff with a manual reset function.

3. Such fuel or feed water control devices may be attached directly to a boiler or for low pressure boilers, to the tapped openings provided for attaching a water glass directly to a boiler, provided that such connections from the boiler are nonferrous tees or Ys not less than 1/2 in. pipe size between the boiler and the water glass, so that the water glass is attached directly and as close as possible to the boiler; the straightway tapping of the Y or tee to take the water glass fittings, the side outlet of the Y or tee to take the fuel cutoff or waterfeeding device. The ends of all nipples shall be reamed to full size diameter.

4. Designs embodying a float and float bowl shall have a vertical straightaway valve drain pipe at the lowest point in the water equalizing pipe connections by which the bowl and the equalizing pipe can be flushed and the device tested.

H. GR8 Pressure Reducing Valves

1. Where pressurereducing valves are used, one or more safety or safety relief valves shall be provided on the lowpressure side of the reducing valve when the piping or equipment on the lowpressure side does not meet the requirements for the full initial pressure. The safety or safety relief valves shall be located adjoining or as close as possible to the reducing valve. Proper protection shall be provided to prevent injury or damage caused by the escaping fluid from the discharge of safety or safety relief valves if vented to the atmosphere. The combined discharge capacity of the safety or safety relief valves shall be such that the pressure rating of the lower pressure piping or equipment shall not be exceeded in case the reducing valve fails in the open position.

2. The use of handcontrolled bypasses around reducing valves is permissible. If a bypass is used around the reduction valve, the safety valve required on the low pressure side shall be of sufficient capacity to relieve all the fluid that can pass through the bypass without overpressuring the lowpressure side.

3. A pressure gauge shall be installed on the lowpressure side of a reducing valve.

I. GR9 Boiler Blow Off Equipment

1. The blow down from a boiler or boilers that enters a sanitary sewer system or blow down, which is considered a hazard to life or property, shall pass through some form of blow off equipment that will reduce pressure and temperature as required hereinafter.

2. The temperature of the water leaving the blow off equipment shall not exceed 140 degrees F.

3. The pressure of the blow down leaving any type of blow off equipment shall not exceed 5 psig.

4. All blow off equipment shall be fitted with openings to facilitate cleaning and inspection.

5. Blow off equipment shall conform to the provisions set forth in the recommended rules for Sizing Blow Off Vessels, 2004 Edition.

J. GR10 Location of Discharge Piping Outlets

The discharge of safety valves, blow off pipes, and other outlets shall be located and supported as to prevent injury to personnel.

K. GR11 Supports

Each boiler shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler and its contents. There shall be no excessive vibration in either the boiler or its connecting piping.

L. GR12 Boiler Door Latches

1. A water tube boiler shall have the firing doors of the inward opening type, unless such doors are provided with substantial and effective latching or fastening devices or otherwise so constructed as to prevent them, when closed, from being blown open by pressure on the furnace side.

2. These latches or fastenings shall be of the positive selflocking type. Friction contacts, latches, or bolts actuated by springs shall not be used. The foregoing requirements for latches or fastenings shall not apply to coal openings of downdraft or similar furnaces.

3. All other doors, except explosion doors, not used in the firing of the boiler, may be provided with bolts or fastenings in lieu of selflocking latching devices.

4. Explosion doors, if used and if located in the setting walls within 7 ft. of the firing floor or operating platform, shall be provided with substantial deflectors to divert the blast.

M. GR13 Clearance

When boilers are replaced or new boilers are installed in either existing or new buildings, a minimum height of at least 3 ft. shall be provided between the top of the boiler proper and the ceiling, and at least 3 ft. between all sides of the boiler and adjacent walls or other structures. Boilers and pressure vessels having manholes shall have 5 ft. clearance from the manhole opening and any wall, ceiling or piping that will prevent a person from entering the boiler or vessel. All boilers shall be so located that adequate space will be provided for the proper operation of the boilers and their appurtenances, for the inspection of all surfaces, tubes, water walls, economizers, piping, valves and other equipment, and for their necessary maintenance and repair and replacement of tubes.

N. GR14 Ladders and Runways

When necessary for safety, there shall be a steel runway or platform of standard construction installed across the tops of adjacent boilers or at some other convenient level for the purpose of affording safe access. All walkways shall have at least two means of exit, each to be remotely located from the other.

O. GR15 Exit from Boiler Room

All boiler rooms exceeding a 500 sq. ft. floor area and containing one or more boilers having a fuelburning capacity of 1,000,000 BTU, or equivalent electrical heat input, shall have at least two means of exit. Each exit shall be remotely located from the other. Each elevation in such boiler room shall have two means of exit, each remotely located from the other.

P. GR16 Suggestions for Operations

It is suggested that the Recommended Rules for Care of Power Boilers, Section VII, and the Recommended Rules for Care and Operation of Heating Boilers, Section VI, of the ASME Code be used as a guide for proper and safe operating practices.

Q. GR17 Air and Ventilation Requirements  Combustion Air Supply and Ventilation of Boiler Room

A permanent source of outside air shall be provided for each boiler room to permit satisfactory combustion of the fuel as well as proper ventilation of the boiler room under normal operating conditions.

1. The total requirements of all burners for all fired pressure vessels and air compressors or other airconsuming equipment in the boiler room must be used to determine the net louvered area in square feet:

INPUT REQUIRED AIR MIN. NET LOUVERED

BTU/HOUR CU/FT/MIN. AREA, SQ. FT.

500,000 T125 1.0

1,000,000 250 1.0

2,000,000 500 1.6

3,000,000 750 2.5

4,000,000 1,000 3.3

5,000,000 1,250 4.1

6,000,000 1,500 5.0

7,000,000 1,750 5.8

8,000,000 2,000 6.6

9,000,000 2,250 7.5

10,000,000 2,500 8.3

2. When mechanical ventilation is in lieu of paragraph (A), the supply of combustion and ventilation air to the boiler room and the firing device will not operate with the fan off. The velocity of the air through the ventilating fan shall not exceed 500 feet per minute and the total air delivered shall be equal to or greater than shown in paragraph (1) above.

R. GR18 Gas Burners

For installations, which are gas fired, the burners used shall conform to the applicable requirements of nationally recognized standards.

S. GR19 Conditions Not Covered by These Rules and Regulations

For any conditions not covered by these requirements, the applicable provisions of the ASME Code, the National Board Inspection Code, or the American Petroleum Institute Pressure Vessel Inspection Code shall apply.

71 8300. Fire Prevention and Life SafetyBuildings.

71 8300.1. Purpose and Definitions.

A. These regulations are for safeguarding, to a reasonable degree, life and property from fire and other hazards associated with the construction, alteration, repair, use, and occupancy of buildings, structures, or premises. These regulations shall be the minimum standards required by the State Fire Marshal for fire prevention and life safety in all buildings and structures to which they apply, except when they conflict with any existing state statutes.

B. "Existing Building" means a building, structure, or premise for which preliminary or final drawings have been approved by the appropriate agency as provided in these regulations, or buildings where construction has begun, or those occupied on or before the date of adoption of these regulations.

C. "Fire Control" means all activities to control hostile fires.

D. "Fire Prevention" means any activity to prevent fire before fire occurs.

E. "SMC" means the Standard Mechanical Code.

F. "NEC" means National Electrical Code  NFPA 70.

G. "NFPA" means the National Fire Protection Association.

H. "SBC" means the Standard Building Code.

I. "SFPC" means the Standard Fire Prevention Code.

J. "UL" means Underwriters' Laboratories, Inc.

K. "NFPA 101" means the Life Safety Code.

71 8300.2. Application to Construction, Installation, Alterations, and Repairs.

No building or structure shall be constructed, altered, or repaired, nor shall the equipment of a building, structure, or premise be constructed, installed, altered, or repaired except in conformity with these regulations. Existing buildings shall be exempt from these regulations unless otherwise indicated.

71 8300.3. Occupancy.

No one shall occupy or use a building, structure, or part of a building erected or altered in violation of these regulations.

71 8300.4. Effect.

These regulations shall apply with equal force to municipal, county, state, and private buildings, except as provided in these regulations.

71 8300.5. Exemptions.

Nothing in 718300.9 shall apply to buildings constructed, or occupied exclusively as oneand twofamily dwellings, barns, and other farm buildings, and onestory buildings not exceeding five thousand square feet in area, other than those used for assembly, educational, institutional, domiciliary (R1 or R2), or hazardous occupancies.

71 8300.6. Enforcement.

Reserved for future use.

71 8300.7. Submission of Plans, Specifications, and Reports.

A. Plans and Specifications.

1. Where work contemplated is regulated by these regulations and enforced by the State Fire Marshal, plans and specifications shall be submitted to the State Fire Marshal or his designee for approval prior to starting such work. Where required by state licensing and regulatory provisions, such plans and specifications shall be prepared by a duly registered architect and/or engineer.

2. Submitted plans, calculations, and specifications for all buildings, structures, systems, or premises shall provide sufficient information to indicate how compliance with state law, regulations, and adopted codes enforced by the State Fire Marshal's Office will be accomplished. Codes shall not be cited in whole or part as a substitute for providing specific information.

3. The State Fire Marshal or other approving authority may revoke any approval issued under the provisions of these regulations where the approval was based on any false statement or misrepresentation of fact in correspondences, plans, specifications, or data.

B. Reporting System.

The local fire chief or his designee shall, within one calendar month of any fire, furnish the State Fire Marshal with a written statement of all the facts relating to its cause, its origin, the kind, the estimated value, ownership of the property damaged or destroyed, and other information called for by the forms furnished by the State Fire Marshal. The fire chief may report to the State Fire Marshal using an electronic format approved by the State Fire Marshal.

71 8300.8. Existing Buildings.

A. Alterations, repairs, or rehabilitation work may be done to an existing building, structure, electrical, gas, mechanical, or fire protection system without requiring the entire building, structure, electrical, gas, mechanical, or fire protection system to comply with all the requirements of the adopted codes, provided the work conforms to the requirements of these regulations for new construction.

B. If within any period of twelve months, additions, alterations, or repairs costing more than fifty percent of the appraised market value of the building, excluding land value and site improvements, are made to an existing building, such existing building shall conform with these regulations for the construction of new buildings.

C. If an existing building is damaged by fire, or otherwise, in excess of fifty percent of the appraised market value immediately preceding such damage, when such damage is repaired, the entire building shall conform to the requirements of these regulations for the construction of new buildings.

D. If the occupancy of an existing building is changed, the entire building shall conform to the requirements of these regulations for the new occupancy. If the occupancy of only a portion of an existing building is changed, and that portion is separated from the remainder of the building per 718300.9, then only that portion of the building must be made to conform. A change of occupancy shall be considered new construction for the application of these regulations.

E. All new and existing buildings or structures and all parts shall be maintained in a safe condition. All devices and safeguards required by these regulations in a building when erected, altered, or repaired shall be maintained in good working order. The owner or his designated agent is responsible for the maintenance of buildings and structures.

F. The provisions of these regulations relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings or structures shall not be mandatory for existing buildings or structures listed on national, state, or local historical registers. The State Fire Marshal has authority to approve alternate methods of compliance within the intent of the regulations.

G. Existing shortterm rental units must comply with 718300.11.

71 8300.9 Fire Prevention and Life Safety Standards for Construction, Occupancy, and Use and Adoption of the Standard Building Code.

A. Minimum standards for fire prevention and life safety protection in construction, occupancy, and use of all buildings and structures within the scope of these regulations shall be the following chapters and sections of the 1997 edition of the Standard Building Code.

1. Chapter 2;

2. Chapter 3 (omit 306.1.2 and Group R4 occupancies in 311.2);

3. Chapter 4;

4. Chapter 5 (omit 505);

5. Chapter 6;

6. Chapter 7;

7. Chapter 8;

8. Chapter 9 (omit 903.7.7);

9. Chapter 10;

10. Section 1517;

11. Section 1709;

12. Chapter 28;

13. Sections 3104 and 3106; and

14. Chapter 35.

B. All references to the SBC found in these regulations refer to the edition adopted above. All references to NFPA Standards found in these regulations refer to the editions specified in the SBC unless otherwise stated in these regulations.

71 8300.10. Installation of Electrical Equipment and Systems.

The provisions of NFPA 70, 1996 edition, shall constitute the minimum general standards covering fire prevention and protection of persons and property from hazards from the use of electricity.

71 8300.11. Special Code Provisions which Prevail Over 718300.9 and 718301.3.B.

A. Fire Alarm Systems.

1. Facilities with fire alarm systems shall be designed, installed, and maintained per the 1996 edition of NFPA 72.

2. Fire alarm systems shall provide off premises notification to the fire department per NFPA 72 for day care centers and schools serving more than one hundred clients, hazardous occupancies, institutional occupancies, and adult residential care facilities licensed for thirteen or more residents.

B. Facilities with Infant Care.

1. This section applies to new construction and is retroactively applied to all infant care facilities within the scope of these regulations. In retroactive applications, the State Fire Marshal has authority to approve alternate methods of compliance within the intent of the regulations.

2. All facilities in South Carolina which provide care for four or more children, twentyfour months of age and under, and who are unattended by a parent or guardian, shall provide the following safeguards. Children under the age of twentyfour months are defined as infants.

a. Rooms for infants shall have onehour fire separation with a direct exit to the outside. No fire rated separation is required between adjacent infant rooms.

b. Rooms for infants shall have wall covering with a flamespread rating no less than Class C.

c. Rooms used for infants shall not have any type of open flame appliances. Any recirculating air ducts entering the room shall be protected by smoke dampers operated by a smoke sensor or automatic smoke actuated shutdown of air handling equipment per NFPA 90A. Fire dampers shall be installed per the SBC and the SMC.

d. Rooms for infants shall be limited to twelve infants per direct exit. There shall be no more than twentyfour infants per room. If older children are kept in the infant room, they shall be counted as infants for direct exits and room occupancy considerations. Exit doors shall swing in the direction of egress and be a minimum of thirtysix inches wide.

e. Rooms for infants shall have single station smoke alarms placed inside the room and in the adjacent area of the facility near the protected room's entrance. Smoke detectors shall be installed and maintained per NFPA 72.

f. Doors in the required onehour separation partitions shall be twentyminute labeled doors equipped with door closures or a smoke actuated holdopen device.

g. A fire plan describing what actions are to be taken by the staff in the event of a fire must be developed, posted, and copies made available to all employees and local fire authorities.

h. A fire drill shall be conducted at least every three months. The owner shall maintain records of drills for three years. Records shall report the date, time, and a description and evaluation of each drill. Fire drills shall include complete evacuation of all persons from the building.

C. Special Requirements for Hospitals, Nursing Homes, and Intermediate Care Facilities.

1. Renovations of existing facilities shall include the addition of fire protection sprinklers. All new construction must be fully sprinklered. All other requirements of this section apply to new construction and retroactively to existing construction unless otherwise specified.

2. In existing facilities, enclosures for stairways, elevator shafts, chutes, and other vertical shafts shall be of not less than twohour fire resistive construction. Compliance with the SBC is acceptable for new construction.

3. In existing facilities, service openings to chutes, dumbwaiters, conveyors, and other material handling systems shall not be located in corridors or passageways but shall be located in a room enclosed by construction having at least a onehour fire resistive rating. Doors to such rooms shall not be less than Class C labeled, 3/4hour fire rated. Service entrance doors to chutes and vertical shafts containing dumbwaiters, conveyors, and material handling systems shall be not less than Class B labeled, 1 1/2 hour fire rated and shall be selfclosing. Compliance with the SBC is acceptable for new construction.

4. Gases (flammable and nonflammable) shall be handled and stored per the applicable provisions of NFPA 99, 1996 edition.

5. Flammable and combustible liquids shall be stored and handled per NFPA 30, 1996 edition.

6. Fire extinguishers intended for use in patient areas shall be of the 2A, two and onehalf gallon storedpressure water type. A 4A: 40BC minimum classification fire extinguisher shall be installed in the following hazardous areas: kitchen, laundry room, and any other area having an unusual fire hazard. At least one 2A: 10 BC minimum classification fire extinguisher shall be located at each nurse's station.

7. Existing facilities shall provide an electrically supervised manual fire alarm system per the provisions found in the NFPA standard in effect at the time of first licensure.

8. Each existing facility having more than ten beds must have a manual fire alarm system per the provisions of the NFPA standard in effect at the time of first licensure. The system shall be connected either directly or through a central station facility to the public fire department or other outside assistance as may be available in case of fire or other emergency.

9. In existing facilities, an approved automatic smoke detection system shall be installed in all corridors. Such system shall be installed per the NFPA standards in effect at the time of first licensure. Smoke detectors shall not be spaced farther apart than thirty feet on centers or more than fifteen feet from any wall. The system shall be electrically interconnected to the fire alarm system as well as to all holdopen devices on smoke doors and fire doors within a fire zone.

EXCEPTION: Where each patient sleeping room is protected by such an approved detection system and a local detection device is provided at each smoke door, such corridor system shall not be required on the patient sleeping room floors. This requirement does not apply to facilities constructed prior to April 23, 1979.

10. In all facilities, smoke doors within a fire zone shall automatically close upon actuation of the manual fire alarm system, waterflow, or activation of the automatic sprinkler or fire suppression system, or any automatic detection devices in that fire zone.

EXCEPTION: Elevator Recall for Fire Fighters' Service installed per NFPA 72.

11. In all facilities, a fire protection plan describing what actions are to be taken by the staff in event of a fire must be developed and copies made available to all employees and the local fire authority.

12. Each employee shall receive initial fire protection training on the following:

a. the fire plan;

b. how to report a fire;

c. how to use the fire alarm system;

d. the location and use of fire fighting equipment;

e. methods of fire containment;

f. specific responsibilities of the individual as well as other individuals.

13. A fire drill shall be conducted for each shift at least once every three months. Records shall be maintained to report the date, time, shift, description, and evaluation of the drill.

14. In new construction, the fire alarm systems must comply with the requirements of SBC and NFPA 72.

15. Hospitals and nursing homes must maintain compliance with all SBC, NFPA, and SFPC requirements in effect at the time of first licensure.

D. Specific Requirements for Adult Residential Care Facilities.

1. Unless otherwise indicated, all requirements of this section apply to new construction and apply retroactively to adult residential care facilities. In retroactive applications, the State Fire Marshal has authority to approve alternate methods of compliance within the intent of the regulations.

2. Adult residential care facilities are defined as buildings, structures, or any portion thereof, used for providing boarding and lodging facilities for twentyfour or more consecutive hours to persons who are aged, physically, mentally, or developmentally disabled, and persons who may need a degree of personal care or supervision.

a. All residents shall be capable of selfevacuation within three minutes of an alarm. Residents not capable of selfevacuation within three minutes are considered incapable of selfpreservation.

b. Facilities complying with the requirements of Intermediate Care Facilities Mental Retardationfifteen beds or less (ICFMR15) may house up to three residents incapable of selfpreservation.

c. ICFMR15 compliant facilities and adult residential care facilities housing four or more residents incapable of selfpreservation must be sprinklered per NFPA 13.

d. Full compliance with NFPA 101, 1997 edition, "Board and Care Facilities" standards is an acceptable alternative to an NFPA 13 sprinkler system, unless an NFPA 13 sprinkler system is required elsewhere in state statute, regulations, or adopted codes.

e. Residents incapable of selfpreservation may not be located above or below the level of exit discharge.

f. The fire alarm system shall transmit an alarm automatically to the fire department serving the facility and shall comply with the appropriate NFPA standard.

3. All adult residential care facilities licensed for five or fewer residents shall meet all requirements for R3 Occupancies per the SBC and have:

a. Single station smoke detectors installed in the hallways and within every sleeping room per NFPA 72;

b. Backup powered emergency lights installed to light exit egress;

c. Heating devices:

i. All heating devices must be selected, used, and installed per the applicable NFPA standard, the manufacturer's recommendations, and listing conditions set by an approved testing laboratory;

ii. Portable electric heaters may be used for emergencies and supplemental heating. Portable heaters in client areas shall be guarded to prevent burn injuries. The maximum exposed surface temperatures for portable electric heaters shall not exceed 68 degrees F for metallic parts and 108 degrees F for nonmetallic parts;

iii. Unguarded open flame heaters may be used only during emergencies when electrical power is not available;

iv. Unvented gas heaters shall have an operating oxygen depletion device and an operating safety shutoff device;

d. Fire extinguishers shall be sized, installed, and maintained per NFPA 10;

e. Drapes or curtains not constructed of flame resistant material shall be treated and maintained fire resistant per the manufacturer's instructions;

f. In areas not protected by a fire department, a contract with the nearest fire department shall be secured if possible;

g. Extension cords are permitted only with portable appliances or fixtures as allowed by the NEC;

h. Manufactured housing, mobile homes, or campers are prohibited for residential care;

i. A telephone is required. A coin operated telephone will not meet this requirement;

j. Smoking will be allowed only in designated areas. No smoking is permitted in the bedrooms;

k. One safety ramp shall be installed for facilities serving handicapped clients;

l. A fire drill shall be conducted at least every three months. Records shall be maintained for three years and report the date, time, description, and evaluation of each drill. Fire drills shall include complete evacuation of all persons from the building and;

m. A fire plan describing what actions are to be taken by the staff in the event of a fire or other emergency must be developed. This plan shall note the location of all clients temporarily incapable of selfpreservation. The plan shall be posted and copies made available to all employees and the local fire authority.

4. All adult residential care facilities licensed for six to twelve residents shall meet the requirements for R2 Occupancies per SBC, the requirements of 718300.11.D.3 above and the following:

a. All partitions that separate sleeping rooms or that separate sleeping rooms from other portions of the building shall be of not less than onehour fire resistant construction. Fire rated separations shall be constructed per the SBC; and

b. For facilities equipped with an automatic sprinkler and a fire alarm system, door closures on individual sleeping rooms may be omitted.

5. All adult residential care facilities licensed for thirteen or more residents shall meet all the requirements in 718300.11.D.3 and 718300.11.D.4 in addition to:

a. Facilities shall have an approved underhood automatic extinguishing system in the kitchen;

In the alternative the owner may adopt a controlled cooking plan. The owner shall submit a letter to the State Fire Marshal confirming there will be no surface or deep fat frying done in the facility. The owner will post a sign over the stove stating this policy. Failure to follow the controlled cooking plan will require installation of a commercial hood system with an automatic fire extinguishing system.

b. No resident bedroom shall be approved if access is through kitchen, bathrooms, closets, or similar spaces;

c. In existing facilities:

i. Smoke detectors shall be installed in each sleeping room. When more than one smoke alarm is required, they shall all be tied together as a system so when one smoke detector is activated, all smoke alarms will activate to alert all persons in the building. All smoke detection systems shall be one hundred ten volt type with battery or auxiliary power backup. These systems shall comply with NFPA 72A, 1997 edition, and 72E, 1997 edition. All system components shall be UL listed and installed per the conditions of their listing and the manufacturer's recommendations; or

ii. A fire alarm system complying with NFPA 72 will be accepted; and

d. In new facilities, fire alarm systems must comply with the requirements of SBC and NFPA 72.

E. Child and Adult Day Care Facilities.

1. All child and adult day care facilities with thirteen or more clients receiving care, maintenance, and supervision for less than twentyfour hours but more than four hours per day shall be considered educational occupancy and comply with the following requirements. Child day care facilities with four or more infants shall comply with the requirements of 718300.11.B., Facilities with Infant Care.

a. A listed smoke detector shall be installed and maintained per NFPA 72 in every room occupied by clients excluding bathrooms. Existing facilities may use single station smoke detectors.

b. Special protective covers for electrical receptacles shall be installed on all receptacles located in areas occupied by clients.

c. Facilities shall have an approved underhood automatic extinguishing system in the kitchen.

In the alternative the owner may adopt a controlled cooking plan. The owner shall submit a letter to the State Fire Marshal confirming there will be no surface or deep fat frying done in the facility. The owner will post a sign over the stove stating this policy. Failure to follow the controlled cooking plan will require installation of a commercial hood system with an automatic fire extinguishing system.

2. All adult day care facilities with twelve or fewer clients receiving care, maintenance, and supervision for less than twentyfour hours but more than four hours per day shall be considered residential occupancy.

3. A fire drill shall be conducted at all child and adult day care facilities per the SFPC for educational occupancies. Records of drills shall be maintained for a period of three years and report the date, time, description, and evaluation of each drill. Fire drills shall include complete evacuation of all persons from the building.

4. A fire plan describing what actions are to be taken by the staff of child and adult day care facilities in the event of a fire or other emergency must be developed. This plan shall note the location of all crib infants in child day care facilities. The plan shall be posted and copies made available to all employees and the local fire authority.

5. Places of worship which operate a nursery for the care of children and/or infants during worship services or for other church related activities, provided these activities do not last longer than four hours, are exempt from child and/or infant care regulations.

6. All child group day care facilities with at least seven clients but not more than twelve clients receiving care, maintenance, and supervision for less than twentyfour hours but more than four hours per day shall be considered residential occupancy and comply with the following requirements:

a. Mixed occupancies

i. Group day care facilities shall be separated from other type occupancies (excluding owner residence) by a onehour fire barrier constructed per the SBC.

ii. All group day care facilities located in R2 occupancies shall be located on the floor of exit discharge.

b. Exits

i. Each group day care facility occupied by clients shall have at least two independent means of escape as defined in NFPA 101, 1997 edition; and

ii. Group day care facilities for clients in the first grade or younger must be located on a floor of exit discharge.

c. Special Requirements

i. The doorway between the level of exit discharge and any floor below shall be equipped with a selfclosing 1 3/4 "' solid core wood door or a labeled fire rated door;

ii. Group day care is prohibited in manufactured housing (mobile homes);

iii. A fire plan describing what actions are to be taken by the staff in the event of a fire must be developed, posted, and copies made available to staff members and the local fire department. This plan shall note the location of all crib infants; and

iv. A fire drill shall be conducted per the SFPC for educational occupancies. Records of drills shall be maintained for a period of three years and report the date, time, description, and evaluation of each drill. Fire drills shall include complete evacuation of all persons from the building.

d. The interior finish in occupied spaces and exits in group day care facilities shall be a minimum of Class C.

e. A listed smoke detector shall be installed and maintained per NFPA 72 in every room occupied by clients excluding bathrooms.

f. At least one portable fire extinguisher with a minimum classification of 2A: 10BC shall be installed in cooking areas. Fire extinguishers shall be maintained per NFPA 10.

g. Special protective covers for electrical receptacles shall be installed on all receptacles located in areas occupied by clients.

h. Heating devices

i. All heating devices must be selected, used, and installed per the applicable NFPA standard, the manufacturer's recommendations, and listing conditions set by an approved testing laboratory;

ii. Portable electric heaters may be used for emergencies and supplemental heating. Portable heaters in client areas shall be guarded to prevent burn injuries. The maximum exposed surface temperatures for portable electric heaters shall not exceed 68 degrees F for metallic parts and 108 degrees F for nonmetallic parts;

iii. Unguarded open flame heaters may be used only during emergencies when electrical power is not available;

iv. Unvented gas heaters shall have an operating oxygen depletion device and an operating safety shutoff device; and

v. Fireplaces shall be equipped with fire screens, partitions, or other means to protect clients from burns.

i. Group day care facilities with four or more infants shall comply with the requirements of 718300. 11.B., Facilities with Infant Care.

7. All child family day care facilities that require licenses, with six or fewer clients receiving care, maintenance, and supervision for less than twentyfour hours but more than four hours per day shall be considered residential occupancy and comply with the following requirements:

a. Mixed occupancies

i. Child family day care facilities shall be separated from other type occupancies (excluding owner residence) by a onehour fire barrier constructed per the SBC; and

ii. Child family day care facilities located in R2 occupancies shall be located on the floor of exit discharge.

b. Exits

i. Each child family day care facility occupied by clients shall have at least two independent means of escape as defined in NFPA 101, 1997 edition; and

ii. Child family day care facilities for clients in the first grade or younger must be located on a floor of exit discharge.

c. Special requirements

i. The doorway between the level of exit discharge and any floor below shall be equipped with a selfclosing 1 3/4 "' solid core wood door or a labeled fire rated door;

ii. A fire plan describing what actions are to be taken by the staff in the event of a fire must be developed, posted, and copies made available to staff members and the local fire department. This plan shall note the location of all crib infants; and

iii. A fire drill shall be conducted every three months. Records of drills shall be maintained to report the date, time, description, and evaluation of each drill. Fire drills shall include complete evacuation of all persons from the building.

d. The interior finish in occupied spaces and exits in child family day care facilities shall be a minimum of Class C.

e. A listed smoke detector shall be installed and maintained per NFPA 72 in every room occupied by clients excluding bathrooms.

f. At least one portable fire extinguisher with a minimum classification of 2A: 10BC shall be installed in cooking areas.

g. Special protective covers for electrical receptacles shall be installed on all receptacles located in areas occupied by clients.

h. Heating devices

i. All heating devices must be selected, used, and installed per the applicable NFPA standard, the manufacturer's recommendations, and listing conditions set by an approved testing laboratory;

ii. Portable electric heaters may be used for emergencies and supplemental heating. Portable heaters in client areas shall be guarded to prevent burn injuries. The maximum exposed surface temperatures for portable electric heaters shall not exceed 68 degrees F for metallic parts and 108 degrees F for nonmetallic parts;

iii. Unguarded open flame heaters may be used only during emergencies when electrical power is not available;

iv. Unvented gas heaters shall have an operating oxygen depletion device and an operating safety shutoff device; and

v. Fireplaces shall be equipped with fire screens, partitions, or other means to protect clients from burns.

i. Group day care facilities with four or more infants shall comply with the requirements of 718300. 11.B., Facilities with Infant Care.

F. Foster Care Facilities.

1. Foster homes providing care, maintenance, and supervision for no more than six children, to include the natural or adopted children of the foster parent, shall be considered R3 and comply with the following requirements.

a. A listed smoke detector shall be installed and maintained per NFPA 72 in bedrooms where foster children sleep and in the hallway leading to bedrooms.

b. As a minimum, one fire extinguisher with a minimum classification of 2A:10BC shall be located in the cooking area. Fire extinguishers shall be installed and maintained per NFPA 10.

c. Each facility housing foster children shall have two independent means of escape as defined in NFPA 101, 1997 edition.

d. Heating devices

i. All heating devices must be selected, used, and installed per the applicable NFPA standard, the manufacturer's recommendations, and listing conditions set by an approved testing laboratory;

ii. Portable electric heaters may be used for emergencies and supplemental heating. Portable heaters in client areas shall be guarded to prevent burn injuries. The maximum exposed surface temperatures for portable electric heaters shall not exceed 68 degrees F for metallic parts and 108 degrees F for nonmetallic parts;

iii. Unguarded open flame heaters may be used only during emergencies when electrical power is not available;

iv. Unvented gas heaters shall have an operating oxygen depletion device and an operating safety shutoff device; and

v. Fireplaces shall be equipped with fire screens, partitions, or other means to protect clients from burns.

e. A fire plan describing what actions are to be taken by the family in the event of a fire must be developed, posted, and copies made available to the local fire department. This plan shall note the location of all crib infants.

f. A fire drill shall be conducted every three months. Records of the drills shall be maintained on the premises for three years. The records shall give the date, time, weather condition during the drill, number evacuated, description, and evaluation of the fire drill. A fire drill shall be conducted within twentyfour hours of the arrival of each new foster child. Fire drills shall include complete evacuation of all persons from the building.

g. All resident bedrooms shall have emergency egress openings per the SBC.

h. Foster homes with four or more infants shall comply with the requirements of 718300. 11.B., Facilities with Infant Care.

G. ShortTerm Rental Units

1. This regulation shall apply to all shortterm rental units (rental units on a daily or weekly basis). Nothing herein shall apply to condominiums or individually owned residential units which are not used as defined in shortterm rental. Every room, open to the public, that is located in any building used for shortterm rental shall contain a notice as listed in (a), (b), and (c) below. The information shall be legibly printed on a placard or decal 8 1/2 "' in size, prominently affixed on the inside of every exit door in the buildings described above. When affixed, the notices shall not be obstructed by curtains, shades, or other materials.

a. Safety Tips

i. Never smoke in bed;

ii. Locate exits on this floor;

iii. Count the number of doors to the nearest exit;

iv. Check windows to see if and how they open;

v. Keep room key on table next to bed, or when applicable, always keep your key in the same location; and

vi. If you leave your room (or apartment when applicable), keep door closed and take your key.

b. In case of fire

i. Don't panic; remain calm;

ii. Report fire to front desk (or manager or fire department if appropriate);

iii. If room is smokey, get on hands and knees (or stomach) and crawl to the door;

iv. Feel door knob; if hot, do not open door. If door is cool, open slowly;

v. If hallway is smokey, stay next to wall and crawl to exit;

vi. Do not use elevator;

vii. Do not prop doors to exit staircase open; and

viii. Hang on to handrail and walk down the exit staircase. If heavy smoke is encountered, turn around and walk up to roof. Don't let go of handrail.

c. If you cannot leave this room

i. Call front desk (or manager if appropriate) and let them know where you are;

ii. Wet sheets and towels and stuff them in all cracks around doors and vents;

iii. If available, turn on bathroom fan;

iv. Check to see if smoke is outside window; if no smoke, open window;

v. Fill bathtub with cold water for fire fighting;

vi. Using ice bucket, keep doors and walls wet;

vii. Fold a wet towel in a triangle and tie over your nose and mouth; stay low;

viii. If possible, hang a sheet out your window and make yourself visible to rescue personnel. Don't jump; and

ix. Keep fighting fire until help arrives. Don't give up.

2. In addition to the notices placed on the inside of exit doors in the shortterm rental unit, a notice shall be affixed or placed on the counter or other prominent location of the rental office of all shortterm rental units. The notice shall be legibly printed in a minimum of fortyeight point type and shall not be obstructed. The following information, as applicable to the building, shall be printed on the notice.

a. For your safety, this building has the following:

i. automatic sprinkler protection in every room;

ii. automatic sprinkler protection in every hallway;

iii. automatic smoke detectors in every room;

iv. automatic smoke detectors in every hallway;

v. fire extinguishers on every floor;

vi. fire alarm pull stations at every exit;

vii. posted evacuation plans in every room;

viii. pressurized staircase with selfclosing doors. (NOTE: In case of fire, do not prop doors open.);

ix. fire safe staircase with selfclosing doors. (NOTE: In case of fire, do not prop doors open.);

x. emergency lighting and exit lights; and

xi. fire resistant draperies and bedding.

71 8300.12. Alternate Materials and Alternate Methods of Construction.

A. The provisions of these regulations are not intended to prevent the use of any material or method of construction not specifically prescribed by the fire prevention and life safety standards of these regulations. The State Fire Marshal has the authority to approve alternative methods of compliance within the intent of these regulations, after finding that the materials and method of work offered is for the purpose intended, at least the equivalent of that prescribed in these regulations in quality, strength, effectiveness, fire resistance, durability, and safety. The State Fire Marshal shall require sufficient evidence or proof be submitted to substantiate any claim that may be made regarding use of alternative materials and methods.

B. Compliance with NFPA 101, 1997 edition, may be used for consideration of alternative methods if found suitable by the State Fire Marshal.

71 8300.13

Reserved for future use.

71 8300.14

Reserved for future use.

71 8300.15. Statutes, Provisions of Other Codes, and Ordinances.

No provision of this subarticle shall apply to the extent that it is in conflict with any statute of this State, any provision of any building or other code duly adopted by ordinance of a municipality, or any duly adopted ordinance of any municipality. In the event of a conflict, such statute, other provision, or ordinance shall apply in all respects.

71 8301. Use of Hazardous Substances.

71 8301.1. Purpose.

These regulations are for the purpose of safeguarding, to a reasonable degree, life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the use of buildings, structures, or premises.

71 8301.2. Scope.

These regulations shall specifically govern the following: automobile tire rebuilding plants; automobile wrecking yards; junk yards and waste material handling plants; bowling establishments; cellulose nitrate motion picture film; cellulose nitrate plastics (pyrolylin); combustible fibers; compressed gasses; dry cleaning plants; prevention of dust explosions; maintenance of exit ways; explosives, ammunition, and blasting agents; fire protection equipment; application of flammable finishes; flammable and combustible liquids; fruit ripening processes; fumigation and thermal insecticidal fogging; garages; hazardous chemicals; lumber yards and woodworking plants; magnesium; oil burning equipment; manufacture of organic coatings; ovens and furnaces; places of assembly; general precautions against fire; tents; welding or cutting; acetylene generators; and calcium carbide.

71 8301.3. Standard Fire Prevention Code.

A. The provisions of the 1997 edition of the Standard Fire Prevention Code shall constitute the minimum general standard covering the protection of life and property from the hazards of fire and explosion due to storage, use, and handling of hazardous materials, substances and devices, and to provide for minimum hazards to life and property due to panic, exclusive of those hazards considered in building code regulations, provided that the following chapters and sections are hereby deleted and do not constitute a part of the code which is adopted by reference herein.

CHAPTER 1ADMINISTRATION;

CHAPTER 4PERMITS AND CERTIFICATES;

Section 801.3 & 810.1;

CHAPTER 9FLAMMABLE AND COMBUSTIBLE LIQUIDS;

CHAPTER 17LIQUEFIED PETROLEUM GAS;

CHAPTER 19EXPLOSIVES, BLASTING AGENTS, AMMUNITION;

CHAPTER 20FIREWORKS; and

CHAPTER 43FURNISHINGS.

B. All references to the SFPC found in these regulations refer to the edition adopted above.

71 8301.4. Prior Regulations.

Prior regulations pertaining to the contents of these regulations are hereby canceled and suspended; however, Regulation 718301.3 is intended to be in addition to and complementary with Regulation 718300.8.

71 8301.5. Statutes, Provisions of Other Codes, and Ordinances.

No provision of this subarticle shall apply to the extent that it is in conflict with any statute of this State, any provision of any building or other code duly adopted by ordinance of a municipality, or any duly adopted ordinance of any municipality. In the event of such a conflict, such statute, other provision, or ordinance shall apply in all respects.

71 8301.6. Flammable and Combustible Liquids.

The provisions and definitions contained in the NFPA 30, 1996 edition "Flammable and Combustible Liquids Code" shall constitute the minimum general standard covering the protection of life and property from the storage, handling, and use of flammable and combustible liquids. All appendices and referenced publications listed in NFPA 30, 1996 edition, are hereby adopted by reference.

71 8302. Explosives.

(Statutory Authority: South Carolina Explosives Control Act Section 8, 1976 CodeSection 233680, as amended)

A. The provisions contained in NFPA 495 entitled Explosive materials code, 2001 edition, including appendices A, B, C, and D.2 and D.3, shall constitute the minimum standard for the manufacture, transportation, use and storage for all explosives in South Carolina, except as modified herein.

71 8302.1. Definitions.

A. Words not defined in this section shall have the meaning stated in the referenced standard adopted by this regulation.

1. "Ammonium nitrate" means the ammonium salt of nitric acid represented by the formula NH4 NO3.

2. "Authorized, approved, or approval" means authorized, approved, or approval by the South Carolina State Fire Marshal.

3. "AHJ" means Authority Having Jurisdiction which is the State Fire Marshal or his appointed agents.

4. "Issuing authority" means the Office of the South Carolina State Fire Marshal.

71 8302.2. Exceptions.

The following code sections in NFPA 495 are not adopted in South Carolina:

Section 1.1.3

Section 4.1.8

Section 4.6.3

Section 4.7.1 note (2)

Section 7.3.5 Exception 2

Appendix A section A.1.4

This regulation does not apply to the sale or storage of fireworks as regulated by the Department of LLR, Board of Pyrotechnic Safety.

71 8302.3. Licenses and Permits for the Sale, Storage, and Use of Explosive Materials.

A. Licenses

Licenses and permits shall be obtained from the State Fire Marshal as based upon the requirements in Section 233640 of SC Code of Laws and NFPA 495 Table 4.3.2

B. Restrictions.

The following are restrictions that apply to all licenses:

1. No license shall be assigned or transferred;

2. Licenses shall be classified, dated, numbered, and be valid for two years from date of issue;

3. A blaster's license shall bear name, address, photograph, and any other identifying information as deemed necessary by the State Fire Marshal;

4. Criminal background checks shall be conducted on all blaster license applicants. All checks shall be conducted at the expense of the applicant for licensure.

C. Blasting Permits.

1. Permits for blasting shall include the following information:

a. site of blasting;

b. name and license number of blaster;

c. amount and type of explosive materials;

d. proximity of gas lines, power transmission lines, public roads, and waterways;

e. purpose of blasting: and

f. corporate name, if any.

D. Magazine Permits.

1. The permit form shall contain the following information regarding the exact physical location:

a. town and county;

b. street address;

c. location from other magazines and buildings;

d. owner's name;

e. quantity of explosives being stored;

f. license number (dealer or blaster): and

g. type of explosive materials.

2. Prior to use, each magazine shall be inspected and approved by personnel of the Office of State Fire Marshal.

3. All magazines shall be placarded on all four sides. Placards shall be a minimum of 8 inches in height, and letters of at least 3 inches in height.

4. Giving false information or making a misrepresentation to obtain a license or permit.

E. The State Fire Marshal may suspend a license or permit pending disposition of a felony charge brought against a licensee or permittee which involves the use of explosives. The State Fire Marshal may accept a relief from disability incurred by reason of a criminal conviction of any crime punishable by a term of imprisonment exceeding two years that has been granted by the Director of the Bureau of Alcohol, Tobacco and Firearms, United States Department of the Treasury, Washington, D.C., pursuant to Section 55.142, Subpart H, Title 27, Code of Federal Regulations and Title 18 United States Code, Chapter 40, Section 845(b).

71 8302.4. [Reserved]

71 8302.5. [Reserved]

71 8302.6. [Reserved]

71 8302.7. [Reserved]

71 8302.8. [Reserved]

71 8302.9. [Reserved]

71 8302.10. Records.

A. Each licensed blaster shall keep records of each blast. All records including seismograph reports shall be retained for at least five years and shall be available for inspection by the Office of State Fire Marshal and shall contain the following minimum data:

1. name of company or contractor;

2. location, date, and time of blast;

3. name, signature, and license number of blaster in charge;

4. type of material blasted;

5. number of holes, burden and spacing;

6. diameter and depth of holes;

7. types of explosives used;

8. total amount of explosives used;

9. maximum amount of explosives per delay period of 8 milliseconds or greater;

10. method of firing and type of circuit;

11. direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting;

12. weather conditions;

13. type and height or length of stemming;

14. whether mats or other protections were used;

15. type of delay electric blasting caps used and delay periods used;

16. exact location of seismograph, if used, and the distance of seismograph from blast as indicated accurately by the person taking the seismograph reading;

17. seismograph records, where required including:

a. name of person and firm analyzing the seismograph record: and

b. seismograph reading

18. maximum number of holes per delay period of eight milliseconds or greater: and

19. blaster's report if deemed necessary by Office of State Fire Marshal. This report will be completed on forms provided by the Office and submitted within three working days of the blast.

71 8302.11. Blasting Safety.

A. This section sets forth additional requirements to supplement NFPA 495 and provide for safe blasting operations.

1. If, as a result of a blast, the vibrational levels are exceeded or material is hurled through the air causing damage to homes or other property, or causing personal injury or death, or endangering public safety, health and general welfare, in violation of these regulations, the Office of State Fire Marshal may consider this due cause for revocation of blaster's license and assess penalties.

2. The contractor or operator, as well as the blaster, shall be responsible for the conduct of blasting on any operation.

3. These regulations are in no way intended to relieve the contractor or operator or other persons of responsibility and liability under any other laws.

4. The State Fire Marshal may require a seismograph be used on any blasting operation in which he feels that damage to personal property has or may occur.

5. A seismograph shall be used on all blasting operations that occur within 1500 feet of an inhabited structure, and in every instance where the scaled distances shown in NFPA 495 are not followed with the written approval of the State Fire Marshal.

71 8302.12. [Reserved]

71 8302.13. [Reserved]

71 8302.14. [Reserved]

71 8302.15. [Reserved]

71 8302.16. [Reserved]

71 8302.17. [Reserved]

71 8302.18. Firing the Blast.

A. This section sets forth additional requirements for firing the blast.

1. A warning signal shall be given before every blast. Warning signals shall comply with the following:

a. Warning signal is a 1 minute series of long horn or siren blasts 5 minutes prior to the blast signal.

b. Blast signal is a series of short horn or siren blasts 1 minute prior to the shot.

c. All clear signal is a prolonged horn or siren blast following the inspection of the blast area.

2. Before a blast is fired, a loud warning signal shall be given by the licensed blaster in charge, who has made certain that all surplus explosives have been returned to the magazine, and all employees, vehicles, and equipment are at a safe distance or under sufficient cover.

71 8302.19. [Reserved]

71 8302.20. [Reserved]

71 8302.21. [Reserved]

71 8302.22. [Reserved]

71 8302.23. [Reserved]

71 8302.24. Explosives Investigations.

A. All costs incurred by the State Fire Marshal for investigations involving explosives or blasting operations shall be reimbursed to the State by the individual or company involved in the investigation. Such reimbursements will only apply when the individual or company has been found in violation of the State Explosives Control Act or these Regulations.

71 8302.25. Variances.

A. This section provides licensees and permittees the opportunity to request variances of the promulgated regulations under specific conditions.

1. The State Fire Marshal may grant variances if it can be demonstrated the variance improves safety conditions or that the variance will provide such safe conditions as those which would prevail if there was compliance with the standard.

2. Such a variance may be modified or revoked by the State Fire Marshal.

71 8303. Service Stations.

71 8303.1. National Fire Protection Association Pamphlets No. 30 and 30A.

The applicable provisions and definitions contained in the NFPA 30, 1996 edition and 30A, 1996 edition, shall constitute the minimum general standards for the protection of life and property from the hazards of storing, handling, and use of flammable and combustible liquids at service stations. All referenced publications listed in NFPA 30 and 30A are hereby adopted by reference.

Exception 1: Unattended selfservice stations as addressed in Section 95.2 of NFPA 30A, 1996 edition, shall only be allowed where key and card lock type dispensing devices are used.

Exception 2: Automatic fueling clips shall be allowed.

Exception 3: The aboveground storage of flammable and combustible liquids shall comply with South Carolina Code (1976 as amended) Section 3941260.

71 8304. Liquefied Petroleum Gas Board.

71 8304.1. National Fire Protection Association Pamphlet No. 58.

The applicable provisions and definitions contained in the NFPA Pamphlet No. 58, 1998, edition, and all referenced pamphlets therein, as provided by Section 394330, shall constitute the minimal general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and the odorization of such gases and the degree thereof.

71 8305. Transportation and Use of Pyrotechnics.

71 8305.1. General.

A. The purpose of this regulation is to provide reasonable safety and protection to the general public, display operator, and public and private property when viewing a public fireworks display. (See definition of "public display.")

B. This regulation shall apply to the construction for shells and mortars, handling, use and transportation of fireworks intended solely for public display. It shall also apply to the general conduct and operation of the display.

C. This regulation shall not apply to the manufacture, sale, or storage of fireworks.

D. This regulation shall not apply to the transportation, handling, and/or use of fireworks by the Armed Forces of the United States, law enforcement officials and/or the State Fire Marshal or his designated representative, provided that they are acting within their respective official capacities in emergency situations that present a clear and present danger to public safety.

E. This regulation shall not apply to the transportation, handling, or use of industrial pyrotechnic devices or fireworks, such as railroad torpedoes, fuses, and automotive, aeronautical, and marine flares and smoke signals.

71 8305.2. Definitions.

A. For the purpose of these regulations, the following terms shall mean:

1. "Authority Having Jurisdiction" means the Office of the State Fire Marshal or the fire department supplying fire suppression equipment and personnel of the municipality or county where a display is to take place.

2. "Black Match" means a fuse made from thread impregnated with black powder and used for igniting pyrotechnic devices.

3. "Boxed Finale" means a number of mortars grouped closely together and contained by a suitable frame. The mortars are loaded prior to the display and fused for rapid sequence firing.

4. "Break" means an individual effect from an aerial shell; generally either color (stars) or noise (salute). Aerial shells can be singlebreak (having only one effect) or multiplebreak (having two or more effects).

5. "Colored Pot" means a paper tube containing pyrotechnic composition that produces a colored flame on ignition. Colored pots are used in the construction of ground display pieces.

6. "Discharge Site" means the area immediately surrounding the mortars used to fire the aerial shells.

7. "Finale Rack" means a row of closely spaced two inch (51 mm) or three inch (76 mm) (inside diameter) mortars held in a wooden frame. It is similar to a boxed finale.

8. "Fireworks" means any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "common" or "special" fireworks as set forth in the United States Department of Transportation (DOT) Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and 173.100.

a. The following are exceptions:

i. toy pistols, toy canes, toy guns, or other devices in which paper and/or plastic caps, manufactured in accordance with United States Department of Transportation regulations, 49 CFR 173.100(p), and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times;

ii. model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks;

iii. propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects; and

iv. items designed in 9.d. of the definition of "Common Fireworks."

9. "Common Fireworks" means any small firework device designed primarily to produce visible effects by combustion and which must comply with the construction, chemical composition and labeling regulations of the United States Consumer Products Safety Commission, as set forth in Title 16, Code of Federal Regulations, Part 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 thirty milligrams or less of explosive composition. Common fireworks are classified as Class C explosives by the United States Department of Transportation and include the following:

a. Ground and Handheld Sparkling Devices.

i. "Dipped Stick; Sparkler" means stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed 5 grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with United States Department of Transportation regulations.

ii. "Cylindrical Fountain" means cylindrical tube not more than 3/4 inches (19 mm) inside diameter, containing up to seventyfive grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be handheld (handle fountain).

iii. "Cone Fountain" means cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.

iv. "Illuminating Torch" means cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced; may be spike, base, or handheld.

v. "Wheel" means pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to 6 "driver" units: tubes not exceeding 1/2 inch (12.5 mm) inside diameter and containing up to 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.

vi. "Ground Spinner" means small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.

vii. "Flitter Sparkler" means narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.

b. Aerial Devices.

i. "Sky Rocket" means tube not exceeding 1/2 inch (12.5 mm) inside diameter that may contain up to twenty grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color, noise, or both is produced at the height of flight.

ii. "Missiletype Rocket" means a device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.

iii. "Helicopter, Aerial Spinner" means a tube not more than 1/2 inch (12.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.

iv. "Roman Candle" means heavy paper or cardboard tube not exceeding 3/8 inch (9.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to 10 "stars" (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.

v. "Mine Shell" means heavy cardboard or paper tube up to 2 1/2 inches (63.5 mm) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, "stars," firecrackers, or other devices are propelled into the air. The tube remains on the ground.

c. Audible Ground Devices.

i. "Firecracker, Salute" means small paperwrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light are produced.

ii. "Chaser" means small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.

iii. "Combination Items" means fireworks devices containing combinations of two or more of the effects described in Categories 1, 2, and 3.

d. Novelties.

Items listed in this section are not classified as common fireworks by the United States Department of Transportation.

i. "Snake, Glow Worm" means pressed pellet of pyrotechnic composition that produces a large, snakelike ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.

ii. "Smoke Device" means tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

iii. "Wire Sparkler" means wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed 5 grams of composition per item.

e. "Trick Noisemaker" means an item that produces a small report intended to surprise the user. These devices include:

i. "Party Popper" means small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it expelling paper streams and producing a small report.

ii. "Booby Trap" means small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.

iii. "Snapper" means small, paper wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes producing a small report.

iv. "Trick Match" means kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.

v. "Auto Burglar Alarm" means tube which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. A squib is used to ignite the device.

10. "Special Fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, firecrackers containing more than 2 grains (130 mg) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as "Common Fireworks."

11. "Ground Display Piece" means a pyrotechnic device that functions on the ground (as opposed to an aerial shell which functions in the air). Typical ground display pieces include fountains, roman candles, wheels, and "set pieces."

12. "Labeled" means having a label, symbol or other identifying mark of an organization concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

13. "Lance" means a thin cardboard tube packed with colorproducing pyrotechnic composition used to construct ground display pieces. Lances are mounted on a wooden frame and fused so that ignition of all tubes is simultaneous.

14. "Lift Charge" means that part of an aerial shell which actually lifts the shell into the air. It usually consists of a black powder charge ignited by a quick match fuse. (A delay fuse then ignites the main part of the shell, producing the desired effect.)

15. "Listed" means equipment or materials acceptable to the "authority having jurisdiction" and included in a list published by an organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner. Note: The means for identifying listed equipment may vary for each organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. The "authority having jurisdiction" should utilize the system employed by the listing organization to identify a product.

16. "Monitor" means a person designated by the sponsors of the display to keep the audience in the intended viewing area and out of the discharge site and potential landing area.

17. "Mortar" means a metal or heavy cardboard tube from which aerial shells are fired.

18. "Movable Ground Piece" means a ground display piece having movable parts, such as a revolving wheel.

19. "Operator" means the person responsible for setting up and firing a public fireworks display.

20. "Potential Landing Area" means the area over which aerial shells are fired. Debris and malfunctions may fall into this area; therefore, it must be kept clear of spectators.

21. "Public Display" means an outdoor display of aerial pyrotechnic shells and/or ground display pieces.

22. "Quick Match" means black match that is encased in a loose fitting paper sheath. While exposed black match burns slowly, quick match propagates flame extremely rapidly, almost instantaneously. Quick match is used in fuses for aerial shells and for simultaneous ignition of a number of pyrotechnic devices, such as lances in a ground display piece.

23. "Safety Cap" means a paper tube, closed at one end, that is placed over the end of an aerial shell to protect it from accidental ignition. The cap is not removed until just before firing of the shell.

24. "Shell or Aerial" means a cylindrical or spherical cartridge containing pyrotechnic composition, a long fuse, and a black powder lift charge. The shells are most commonly 3 inches (76 mm) to 6 inches (152 mm) outside diameter and are fired from mortars. Upon firing, the fuse and lift charge are consumed.

71 8305.3. Qualifications of Display Operators.

A. The person in actual charge of the firing of the fireworks in a display shall be competent for the task and so certified by the State Fire Marshal. The operator shall have his Certificate of Competency in his possession when engaged in conducting a display and shall exhibit his certificate on request of any authorized official. An applicant must meet all of the following requirements before receiving a certificate:

1. Applicant must be at least twentyone years of age;

2. Applicant shall furnish a notarized statement concerning his participation in at least 6 fireworks displays and indicating for each display the date, the site, and the name and certificate number of the supervising operator.

3. Applicant must successfully complete the written examination administered by the State Fire Marshal.

4. Any applicant who fails the written examination shall be afforded the opportunity to be retested, once only, after a 7 day waiting period; and

5. Any applicant who fails the retest shall be required to wait at least six months before he can reapply.

B. Each person assisting the Certified Operator and engaged in the firing of the fireworks shall be at least twentyone years of age.

C. The certification of any operator who violates the regulations on laws of the State may be revoked or suspended by the State Fire Marshal.

D. Each Certified Operator shall be required to attend a recertification class and successfully complete a written examination provided by the State Fire Marshal every two years.

71 8305.4. Permits and General Requirements for Fireworks Displays.

A. Any person who desires to hold a fireworks display shall first obtain a permit form from the supplier of the fireworks. Permit forms are furnished by the State Fire Marshal. The permit form shall be signed by the Resident Fire Marshal or Fire Chief of the department providing fire suppression equipment and personnel of the municipality or county where such display is to take place.

B. Public liability insurance set at a minimum limit of $500,000 shall be furnished by the fireworks supplier to include the display sponsor as an additional insured. Coverage company shall be licensed to conduct business in South Carolina.

C. Upon validation of the permit form by the Resident Fire Marshal or Fire Chief of the department providing fire suppression equipment and personnel of the municipality or county where such display is to take place, the sponsor of the display shall forward all five copies to the State Fire Marshal along with a copy of the insurance policy and a detailed diagram of the display site fifteen working days prior to the display. Validation permit shall be cosigned by the State Fire Marshal or his agent.

D. When approved by the State Fire Marshal, the permit copies will be distributed as follows:

1. The State Fire Marshal shall retain the original along with the insurance certificate and diagram;

2. The second copy shall be returned to the sponsor;

3. The third copy shall be forwarded to the supplier, which will authorize shipment of the fireworks; and

4. The fourth copy shall be sent to the Board of Pyrotechnic Safety.

E. All display material shall be purchased through a pyrotechnic manufacturer or distributor licensed to do business in the State by the Board of Pyrotechnic Safety, and the firing of the display shall be done by an operator certified as competent for this task by the State Fire Marshal.

F. If a display is postponed due to any circumstances, the sponsor of the display shall notify the authority having jurisdiction of the alternate date before presenting the display.

G. The person or organization applying for a permit shall be responsible for arranging the detailing of at least two members of the local fire department, along with necessary equipment, or such other larger number as may be deemed necessary by the authority having jurisdiction to be on the display site during the firing of the fireworks. Fire department personnel shall remain until the termination of the display and all fireworks and debris have been removed from the site.

H. If onduty fire personnel are not available, it shall be the responsibility of the permittee to arrange with the authority having jurisdiction for the detailing of offduty firemen and equipment and to compensate the firemen for the time involved.

I. The permit shall require such information issued on forms as:

1. organization sponsoring display;

2. company name supplying fireworks;

3. display operator's name;

4. date of display;

5. time of display;

6. fire department present during display;

7. fire chief's name;

8. time and date display site will be ready for final inspection by authorities;

9. diagram of display site and directions to same; and

10. copy of insurance policy.

71 8305.5. Requirements for Shells and Mortars for Public Displays.

A. Shells shall be classified and described only in terms of the inside diameter of the mortar in which they can be safely used (e.g., 3 inch (76 mm) shells are only for use in three inch (76 mm) mortars).

B. Shells shall be constructed so that the difference between the inside diameter of the mortar and the outside diameter of the shell is no less than 1/8 inch (3.2 mm) and no more than 1/4 inch (6.4 mm) for twoinch (51 mm) and threeinch (76 mm) shells or 1/2 inch (12.7 mm) for shells larger than 3 inches (76 mm).

C. Shells shall be labeled with the type of shell, the diameter measurement, and the name of the manufacturer or distributor. Shells shall also carry a warning label.

D. The length of the internal delay fuse and the amount of lift charge shall be sized to ensure proper functioning of the shells in their mortars. Quick match fuse shall be long enough to allow not less than 6 inches (152 mm) of fuse to protrude from the mortar after the shell has been properly inserted.

E. The length of exposed black match on a shell shall not be less than 3 inches (76 mm), and the fuse shall not be folded or doubled back under the safety cap. Also, the time delay between ignition of the tip of the exposed black match and ignition of the lift charge shall not be less than 4 seconds to allow the operator to retreat safely.

F. A safety cap shall be installed over the exposed end of the fuse. The safety cap shall be of a different color than that used for the paper of the fuse.

G. After the fireworks have been delivered to the display site, they shall not be left unattended nor shall they be allowed to become wet.

H. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall either be returned to the supplier or be destroyed according to the supplier's instructions.

I. All shells shall be separated according to diameter and stored in tightly covered containers of metal, wood, or plastic or in fiber drums or corrugated cardboard cartons meeting United States Department of Transportation specifications for transportation of fireworks. A flameresistant tarpaulin meeting the requirements of NFPA 701, Standard Methods of Fire Tests for FlameResistant Textiles and Films, shall be permitted to be used as a covering over the containers, if additional protection is desired.

J. The shell storage area shall be located at a distance of not less than 20 feet (6 m) from the discharge site. Exception: Where acceptable to the authority having jurisdiction, alternate protective measures may be used.

K. During the display, shells shall be stored upwind from the discharge site. If the wind should shift during the display, the shell storage area shall be relocated so as again to be upwind from the discharge site. Where conditions do not permit locating the shell storage area upwind from the discharge site, a flameresistant tarpaulin meeting NFPA 701 requirements shall be used to cover the shell storage.

L. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.

M. Mortars shall be positioned so that the shells are carried away from spectators and into a clear area acceptable to the authority having jurisdiction.

N. Mortars shall be either buried securely into the ground to a depth of 2/3 to 3/4 of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber (e.g., 4 inches (102 mm) thick) or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. Boxed finales and finale racks shall not be required to be buried; however, they shall be sufficiently supported and braced to ensure stability during firing.

O. In damp ground, a weather resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.

P. Weather resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.

Q. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down range side of the discharge site.

R. Mortars shall be inspected before the first shells are loaded to be certain that no water or debris has accumulated in the bottom of the mortar.

S. Metal mortars shall be deemed acceptable for use with all shells. Paper mortars shall only be used for discharge of single and double break shells. A thirtysecond cooling period shall be allowed between firing and reloading of paper mortars.

T. Paper mortars shall be constructed of convolute wound paper, except that spiral wound paper shall be permitted for threeinch (76 mm) diameter mortars only. Wall thickness of paper mortars shall conform to Table I.

TABLE I

WALL THICKNESS OF PAPER MORTARS

Mortar Diameter Wall Thickness

Mortar Type in. (mm) in. (mm)

Convolute 2 in. (51) 1/4 in. (6.4)

Convolute or Spiral 3 in. (76) 3/8 in. (9.6)

Convolute 4 in. (102) 1/2 in. (12.7)

Convolute 5 in. (127) 3/4 in. (19.0)

Convolute 6 in. (152) 3/4 in. (19.0)

Exception: For threeinch (76 mm) single fire mortars, such as used in finales, a wall thickness of 1/4 inch (6.4 mm) shall be permitted.

U. A cleaning tool shall be provided for cleaning debris out of the mortars between firings.

V. All mortars of the same inside diameter shall be grouped together to minimize the possibility of shells being placed in the wrong size mortars. Mortars shall be spaced apart by at least twice their inside diameters.

71 8305.6. Requirements for Site Selection for Display.

A. The intent of this section is to provide minimum clearances upon which the authority having jurisdiction may base approval of the display site. Where unusual conditions exist, the authority having jurisdiction may increase the minimum clearances as necessary.

B. The areas selected for the discharge site, spectator viewing area, parking areas, and the potential landing area shall be inspected and approved by the authority having jurisdiction.

C. The area selected for the discharge of aerial shells shall be located so that the trajectory of the shells will not come within 50 ft. (15.2 m) of any overhead object.

D. Ground display pieces shall be located at a minimum distance of 150 ft. (45.6 m) from spectator viewing areas and parking areas.

E. Mortars shall be separated from spectator viewing areas and parking areas, from health care and penal facilities, from storage of hazardous materials, and from residential occupancies by the minimum distances specified in Table II.

TABLE II

MORTAR SEPARATION DISTANCES

Spectator Viewing Area Health Care & Storage of Clear

Parking Area 1 & 2 Penal Hazardous Landing

Family Dwellings Facilities Materials Area

Mortar 300 feet 500 feet 500 feet 300 feet

Firing (91.4 m) (132.4 m) (132.4 m) (91.4 m)

Site

F. Fireworks shall not be discharged within 300 feet (91.4 m) of any tent or canvas shelter.

G. The potential landing area shall be a large, clear, open area acceptable to the authority having jurisdiction.

H. Spectators, vehicles, or any readily combustible materials shall not be located within the potential landing area during the display.

I. The potential landing area shall be located according to the distances specified in Table II and shall also comply with the requirements of Section F above.

71 8305.7. Requirements for Operation of the Display.

A. Certified operators and assistants shall not smoke, consume alcoholic beverages, or be under the influence of narcotics or drugs while handling and/or firing fireworks during a display.

B. Monitors, whose sole duty shall be the enforcement of crowd control, shall be located around the display area by the sponsor. The authority having jurisdiction shall determine the number of monitors needed and their placement.

C. Monitors shall be located around the discharge site to prevent spectators or any other unauthorized persons from entering the discharge site. The discharge site shall be so restricted throughout the display and until the discharge site has been inspected after the display. Where practical, fences and rope barriers shall be used to aid in crowd control.

D. If, in the opinion of the authority having jurisdiction or the display operator, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.

E. If, at any time, high winds or unusually wet weather prevail, such that in the opinion of either the authority having jurisdiction or the display operator a definite danger exists, the public display shall be postponed until weather conditions improve to an acceptable level.

F. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather by suitable means until immediately prior to use.

G. Display operators and assistants shall use only flashlights or electric lighting for artificial illumination.

H. No smoking or open flames shall be allowed within 50 feet of the shell storage area as long as shells are present. Signs to this effect shall be conspicuously posted.

I. Shells shall be carried from the storage area to the discharge site only by their bodies, never by their fuses. Exception: As specified in Section K below.

J. Shells shall be checked for proper fit in their mortars prior to the display.

K. When loaded into the mortars, shells shall be held by the thick portion of their fuses and carefully lowered into the mortar. At no time shall the operator place any part of his body over the throat of the mortar.

L. The operator shall be certain that the shell is properly seated in the mortar.

M. Shells shall not, under any circumstances, be forced into a mortar too small to accept them. Shells that do not fit properly into the mortars shall not be fired; they shall be disposed of according to the procedure described in Section R below.

N. Shells shall be ignited by lighting the tip of the fuse with a fusee, torch, portfire, or similar device. The operator shall never place any part of his body over the mortar at any time. As soon as the fuse is ignited, the operator shall retreat from the mortar area. Exception: Alternatively, electrical ignition may be used.

O. The safety cap protecting the fuse shall not be removed by the operator responsible for igniting the fuse until immediately before the shell is to be fired. Exception: Where electrical ignition is used.

P. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the potential landing area.

Q. The mortars shall be reangled or reset, if necessary, at any time during the display.

R. In the event of a shell failing to ignite in the mortar, the mortar shall be left alone for a minimum of 5 minutes, then carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.

S. Operators shall never attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.

T. Operators shall never dry a wet shell, lance, or pot for reuse. In such cases, the shell, lance, or pot shall be handled according to the procedure in Section R above.

U. The entire firing range shall be inspected immediately following the display for the purpose of locating any defective shells. Any shells found shall be immediately doused with water before handling. The shells shall then be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.

V. When fireworks are displayed at night, the sponsor shall ensure that the firing range is inspected early the following morning.

W. The operator of the display shall keep a record, on a form provided by the supplier, of all shells that fail to ignite or fail to function. The form shall be completed and returned to the supplier (See 718305.11). Forms will be provided by the State Fire Marshal.

X. All ground pieces shall be positioned out of the firing range of aerial displays. Mortars shall be positioned so that they do not fire towards any ground pieces.

Y. No dry grass or combustible material shall be located beneath ground pieces. If dry, the area shall be thoroughly wet down before the display.

Z. Poles for ground pieces shall be securely placed and firmly braced so that they will not fall over when they function.

AA. Specific instructions from the supplier shall accompany all ground pieces. A list of required accessories shall also be supplied.

71 8305.8. Use of Class "C" Fireworks in South Carolina.

A. It shall be deemed a violation of these regulations to:

1. explode or ignite fireworks within 600 ft. (182.9 m) of any church, hospital, asylum, school, place of assembly, service station, bulk storage plant, or any other facility that stores or dispenses flammable liquids and/or hazardous materials;

2. explode or ignite fireworks within 75 ft. (22.9 m) of where fireworks are stored, sold or offered for sale;

3. ignite, discharge, and/or throw fireworks from any motor vehicle or to place or throw fireworks into or at any motor vehicle;

4. ignite or discharge fireworks in a wanton or reckless manner so as to constitute a threat to the personal safety or property of another.

71 8305.9. Transportation of Pyrotechnics in South Carolina.

A. Vehicles transporting pyrotechnics classified as Class "B" explosives in any quantity and pyrotechnics classified as Class "C" explosives in quantities greater than 1000 lbs. shall be in the custody of drivers who are physically fit, careful, capable, reliable, able to read and write the English language, not addicted to the use or under the influence of intoxicants or narcotics, and not less than eighteen years of age.

B. On both sides, on the front,m and on the rear, vehicles transporting pyrotechnics classified as Class "B" explosives in any quantity and pyrotechnics classified as Class "C" explosives in quantities greater than 1000 lbs. shall prominently display signs marked "EXPLOSIVES" that conform with United States Department of Transportation and other federal regulations.

C. The fire and police departments shall be promptly notified when a vehicle transporting pyrotechnics is involved in an accident, break down, or fire. Only in the event of such an emergency shall the transfer of pyrotechnics from one vehicle to another be allowed on highways and then only when qualified supervision is provided.

D. Any vehicle used for the transportation of pyrotechnics shall be equipped with not less than one approved type fire extinguisher with a minimum rating of 2A 20 BC. Extinguisher shall be so located as to be readily available for use.

71 8305.10. Pyrotechnic Powder in Entertainment and Assembly Occupancies.

Black powder, flash powder, or any other powder composed of pyrotechnic materials is strictly prohibited from use inside any enclosed entertainment and/or assembly occupancy located within the State of South Carolina.

71 8305.11. Forms.

A. Permit to Stage Fireworks Displays.

Permit to Stage Fireworks Display

City___

County__________ Date___

1. Organization sponsoring display___

Address___

Individual representing organization__________ Telephone___

Address___

2. Name of company supplying fireworks___

Address__________ Telephone___

3. Display operator's name__________

Address__________ Telephone___

4. Date of display__________ Date receiving fireworks___

Rain date___

5. Time of display__________ Location___

6. Fire department that will be present during display___

7. Fire chief's name__________ Telephone___

Address___

8. Time and date display site will be ready for final inspection by authorities___

9. Attach a separate sheet showing diagram of display site and directions to same.

10. A copy of insurance policy is to be attached with this permit and sent to:

SC Department of Labor, Licensing & Regulation

Office of State Fire Marshal

141 Monticello Trail

Columbia, SC 29203

____________________

Permittee

Resident Fire Marshal (Fire Chief)

Title

State Fire Marshal or His Designee

B. Malfunctioning Shell Report.

Malfunctioning Shell Report

The following information shall be furnished to the State Fire Marshal no later than fifteen days after the execution of the display by the supplier of fireworks.

Date of Display__________ Location___

Operator___

Type of Shell Involved:

Manufacturer___

Size___

Effect___

Type of Malfunction:

Fuse ignited, but nothing else happened___

Shell exploded in mortar___

Shell exploded just out of mortar___

Shell returned to ground and then exploded___

Shell returned to ground but never exploded___

Other (explain)___

__________

(Signature of Certified Operator)

RETURN FORM PROMPTLY TO SUPPLIER OF FIREWORKS FOR DISPLAY

71 8306. Tents, Grandstands, and AirSupported Structures.

71 8306.1. Tents, Grandstands, and AirSupported Structures Standards.

A. The provisions of the NFPA 102, 1995 edition, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, as amended, shall constitute the minimum fire prevention and protection standards for the prevention of fire and for the protection of life in tents, folding and telescopic seating, and airsupported structures.

B. The provisions of the SBC shall constitute the minimum fire prevention and protection standards for the prevention of fire and for the protection of life in grandstands.

71 8306.2. Scope, Purpose and Definitions.

A. NFPA 102, 1995 edition, as amended, is concerned with the hazards of fire, storm, collapse, and panic, and covers the construction, location, protection and maintenance of tents and airsupported structures used for assembly; interior folding or telescopic seating normally used in gymnasiums, multiuse rooms, and similar indoor mass seating as differentiated from grandstands and bleachers intended primarily to support persons for purposes of assembly for outdoor use. For the purpose of this standard, certain terms, words, and phrases shall be construed as set forth in Chapter 2 "Definitions," of the standards.

B. The SBC is concerned with the hazards of fire, storm, collapse, and panic, and covers the construction, location, protection and maintenance of reviewing stands, grandstands, and bleachers intended primarily to support persons for purposes of assembly for outdoor use. For the purpose of this section, certain terms, words, and phrases shall be construed as set forth in the SBC.

71 8307. Fire ExtinguishersPortable and Fixed Station.

71 8307.1. Purpose.

The purpose of this subarticle is to regulate the leasing, renting, selling and servicing of portable fire extinguishers, and the installation and servicing of fixed fire extinguishing systems in the interest of protecting lives and property.

71 8307.2. Administration; Filing of Publications; Statutes, Provisions of Other Codes and Ordinances.

A. This subarticle shall be administered by the Office of State Fire Marshal and all Orders requiring corrective action as a result of this subarticle shall be issued by a Deputy State Fire Marshal or Certified Resident State Fire Marshal.

B. No provision of this subarticle shall be held to deprive any governing body having jurisdiction of any power or authority which it had on the effective date of these regulations. However, any governing body having jurisdiction shall not permit lesser requirements than those prescribed in these regulations.

71 8307.3 Definitions.

A. The following words and terms used in this regulation shall have the respective meanings ascribed to them as follows:

1. "Firm" means any person, partnership, corporation, association, or governmental entity.

2. "Hydrostatic testing" means pressure testing by hydrostatic methods.

3. "Portable fire extinguisher" means a portable device containing powder, liquid, or gases which can be expelled under pressure for the purpose of suppressing or extinguishing a fire. Portable fire extinguishers shall comply with NFPA 10, Standard for Portable Fire Extinguishers, 1998 edition.

4. "Inspection" means a quick check to insure that a fully charged, operable extinguisher is available. This is done by seeing that it is in its designated place, that it has not been actuated or tampered with, and that there is no obvious or physical damage or condition to prevent operation.

5. "Maintenance" means a thorough check of the extinguisher to give maximum assurance that an extinguisher will operate effectively and safely. It includes a thorough examination and any necessary repair or replacement. It will normally reveal the need for hydrostatic testing.

6. "Recharging" means the replacement of the extinguishing agent and also includes the expellant for certain types of extinguishers.

7. "Servicing" includes one or more of the following:

a. maintenance;

b. recharging; or

c. hydrostatic testing.

8. "Citation" means a summons to appear before the State Fire Marshal as a result of a violation of any part or all of this regulation and may carry a monetary fine of up to $2,000.

9. "Fixed extinguishing system" means systems having predetermined flow rates, nozzle pressures, and quantities of extinguishing chemical. These systems have the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a testing laboratory. The hazards protected by these systems are specifically limited as to type and size by a testing laboratory based upon actual fire tests. Limitations on hazards which can be protected by these systems are contained in the manufacturer's installation manual which is referenced as part of the listing. Systems shall comply with the applicable National Fire Protection Association Standards and its references as follows:

a. NFPA 11, Standards for Low Expansion Foam and combined agents, 1998 edition;

b. NFPA 11A, Standards for Mediumand HighExpansion Foam Systems, 1994 edition;

c. NFPA 12, Standards on Carbon Dioxide Extinguishing Systems, 1998 edition;

d. NFPA 12A, Standards for Halon 1301 Fire Extinguishing Systems, 1997 edition;

e. NFPA 12B, Standards for Halon 1211 Fire Extinguishing Systems, 1990 edition;

f. NFPA 17, Standards for Dry Chemical Extinguishing Systems, 1998 edition;

g. NFPA 17A, Standards for Wet Chemical Extinguishing Systems, 1998 edition;

h. NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 1994 edition;

i. NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 1996 edition; and

j. Additional or updated National Fire Protection Association Standards as adopted by the State Fire Marshal.

71 8307.4. Licensing Requirements: Fire Equipment Dealer Licenses.

A. Each firm installing or servicing fixed fire extinguishing systems, portable fire extinguishers, or hydrostatic testing shall be licensed. In the following table, the first two numerals shall identify license type, 02license. The second two numerals shall identify the class category.

1. License:

a. 0201Class A;

b. 0202Class B;

c. 0203Class C; and

d. 0204Class D.

B. Type and Class Category 0201: Class"A" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of fire extinguishers, including recharging carbon dioxide units; and to conduct hydrostatic tests on all types of fire extinguishers.

2. Requirements:

a. file application in the category 0201;

b. provide proof of public liability insurance for an amount not less than $100,000; and

c. satisfy minimum equipment requirements.

C. Type and Class Category 0202: Class "B" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of fire extinguishers, including recharging carbon dioxide units and conducting hydrostatic tests on water, water chemical, and dry chemical types of extinguishers only.

2. Requirements:

a. file application in the category 0202;

b. satisfy minimum equipment requirements; and

c. provide proof of public liability insurance for an amount not less than $100,000.

D. Type and Class Category 0203: Class "C" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of fire extinguishers, except recharging carbon dioxide units; and to conduct hydrostatic tests of water, water chemical, and dry chemical types of fire extinguishers only.

2. Requirements:

a. file application in the category 0203;

b. provide proof of public liability insurance for an amount not less than $100,000; and

c. satisfy minimum equipment requirements.

E. Type and Class Category 0204: Class "D" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of preengineered fire extinguishing systems.

2. Requirements:

a. file application in the category 0204;

b. satisfy minimum equipment requirements;

c. provide proof of public liability insurance for an amount not less than $100,000; and

d. provide proof of manufacturer's certification for each type of preengineered fire extinguishing system.

71 8307.5. Licensing Requirements: Fire Equipment Permits.

A. Each person installing or servicing fixed fire extinguishing systems, portable fire extinguishers, and hydrostatic testing shall be issued permits. In the following table, the first two numerals shall identify permit type, 04permit. The second two numerals shall identify class category.

1. Permit:

a. 0401Class A;

b. 0402Class B;

c. 0403Class C;

d. 0404Class D; and

e. 0405Class E.

B. Type and Class Category 0401: Class "A" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of fire extinguishers, including carbon dioxide units and to conduct hydrostatic tests on all types of fire extinguishers, including carbon dioxide units.

2. Requirements:

a. file application in the category 0401;

b. provide current photograph, minimum size requirement 2"' x 2"'; and

c. examination required.

C. Type and Class Category 0402: Class "B" Fire Equipment Dealer License. [FN1]

[FN1] State Register Volume 23, Issue No. 6, eff June 25, 1999, promulgated two subsections designated "C".

1. Definition: To service, recharge, repair, or install all types of fire extinguishers, including carbon dioxide units and to conduct hydrostatic tests on water, water chemical, and dry chemical types of extinguishers only.

2. Requirements:

a. file application in the category 0402;

b. provide current photograph, minimum size requirement 2"' x 2"'; and

c. examination required.

C. Type and Class Category 0403: Class "C" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of fire extinguishers except recharging carbon dioxide units; also to conduct hydrostatic tests on water, water chemical, and dry chemical types of extinguishers only.

2. Requirements:

a. file application in the category 0403;

b. provide current photograph, minimum size requirement 2"' x 2"'; and

c. examination required.

D. Type and Class Category 0404: Class "D" Fire Equipment Dealer License.

1. Definition: To service, recharge, repair, or install all types of preengineered fire extinguishing systems.

2. Requirements:

a. file application in the category 0404;

b. provide current photograph, minimum size requirement 2"' x 2"';

c. examination required; and

d. provide a current manufacturer's training certificate.

E. Type and Class Category 0405: Class "E" Fire Equipment Permit

1. Definition: An apprentice may perform the services only under direct supervision of a person holding a valid permit under this subarticle and who works for the same firm as the apprentice. An apprentice permit is valid for one year from the day of issuance.

2. Requirements:

a. file application in the category 0405; and

b. provide current photograph, minimum size requirement 2"' x 2"'.

71 8307.6. Licensing Requirements: For Firms Performing Hydrostatic Testing.

Each firm performing hydrostatic testing of fire extinguishers manufactured according to the specifications of the United States Department of Transportation (DOT) shall be required to possess a valid license issued by the State Fire Marshal. All hydrostatic testing of fire extinguishers shall be performed per the appropriate DOT standards and NFPA standards.

71 8307.7. Types of Equipment.

All portable fire extinguishers and fixed extinguishing systems which are required by these regulations shall be listed by Underwriters' Laboratories, Inc., or approved by Factory Mutual and carry an Underwriters' Laboratories or manufacturer's serial number. These listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instructions plate or on a separate Underwriters' Laboratories or Factory Mutual plate soldered or attached to the extinguisher shell in some permanent manner.

71 8307.8. Installation and Maintenance Procedures.

All fire extinguishers and preengineered systems covered under this subarticle and required by these regulations shall be installed and maintained per the applicable NFPA standards as referenced in 718307.3; Equipment shall be inspected, serviced, and maintained per the manufacturer's maintenance procedures.

71 8307.9. Permit Requirements.

Each individual actually performing the work of servicing, recharging, repairing, installing, or testing fire extinguishers or preengineered systems shall possess a valid permit issued by the Office of State Fire Marshal. Permittees shall be limited to specific type of work performed dependent upon the class of permit held. A license or permit issued under this subarticle shall not be transferable.

71 8307.10. Minimum Equipment and Facility Requirements for Fire Equipment Dealer License.

Office of State Fire Marshal

Minimum Equipment and Facility Requirements For Fire Equipment Dealer License

REQUIRED FOR MINIMUM EQUIPMENT AND FACILITIES REQUIRED CLASS

A 1. Adequate hydrostatic test equipment for high pressure testing and calibrated cylinder.

A 2. Adequate equipment for test dating high pressure cylinders (over 900 psi). Die stamps must be a minimum of 1/4 inch.

A 3. Clock with sweep secondhand on or close to hydrostatic test apparatus.

A B 4. CO2 receivercascade system CO2 for proper filling of CO2 extinguishers.

A B 5. Scales graduated in 1/8 ounce or gram weight if refilling CO2 cartridges.

A B C D 6. Approved drying method for high and low pressure cylinders.

A B C D 7. Proper wrenches for nonserrated jaws or valve puller, hydraulic or electric.

A B C D 8. Adequate inspection light.

A B C D 9. Low pressure test apparatus.

A B C D 10. Low pressure hydrostatic test labels as approved by National Fire Protection Association Pamphlet 10.

A B C D 11. Scales graduated in 1/4 ounce for weighing CO2 cartridges.

A B C D 12. Accurate weighing scales for extinguisher inspection and filling.

A B C D 13. Adequate vise 6inch minimum (chain or bench).

A B C D 14. Facilities for proper storage or dry chemical.

A B C D 15. Facilities for leak testing of pressurized extinguishers.

A B C D 16. Nitrogen with regulator and indicator. Regulator not to exceed 1500 psi minimum 500 psi. If air used in pressurization, it must be dry bottle storage.

A B C 17. Adapters, fittings, and sufficient tools and equipment for properly servicing and/or recharging all extinguishers being serviced and recharged.

A B C D 18. Adequate safety cage (in shop) for hydrostatic testing of low pressure cylinders.

D 19. Onefourth pound graduated scales minimum 150 pounds for weighing chemical recharging.

D 20. Cable crimping tool (where required).

D 21. Cocking lever (where required).

D 22. Pipe vise, dies, reamer, etc.

D 23. Adequate stock and supply of fuse links, proper elbows, and nozzles for system which is being installed.

D 24. Adequate supply of dry chemical in proper storage.

D 25. At the investigator's request, dealer should produce UL approved installation service manual for any system the investigator has prior knowledge is being serviced or installed by the license holder.

71 8307.11. Exceptions.

A. The provisions of this subarticle do not apply to the following:

1. filling or charging of a portable fire extinguisher by the manufacturer prior to its initial sale;

2. installation or servicing of water sprinkler systems installed per NFPA 13; and

3. firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in Regulation 718307.3 but not engaged in the installation or recharging of them.

71 8307.12. Applications; Hearings on Licenses and Permits.

A. Applications for licenses and permits shall be made per these regulations.

B. An applicant for a license of any class shall meet all of the following requirements before receiving a license by the State Fire Marshal:

1. The applicant has submitted to the State Fire Marshal proof of insurance providing coverage for comprehensive general liability for bodily injury and property damage, products liability, completed operations, and contractual liability. The coverage insurance companies shall be licensed to conduct business in South Carolina. The State Fire Marshal shall adopt rules providing for the amounts of such coverage, but such amounts shall not be less than $100,000 for Class "A," "B," "C," or "D" license holders, and providing that an insurer providing such coverage shall notify the State Fire Marshal of any change in coverage for any class of license; and

2. The State Fire Marshal or a person designated by him has by inspection determined that the applicant possesses the equipment required for the class of license sought. The State Fire Marshal shall give an applicant a reasonable opportunity to correct any deficiencies discovered by inspection; and

3. The person who signed the application has passed, with a grade of at least seventy percent, a written and practical examination testing his knowledge of the rules and statutes regulating the activities authorized by the license, and demonstrating his knowledge and ability to perform those tasks in a competent, lawful, and safe manner. Examinations shall be developed and administered by the State Fire Marshal.

C. The State Fire Marshal, upon request, shall conduct hearings or proceedings concerning the suspension, revocation, or refusal to issue or renew licenses, apprentice permits, or approvals of testing laboratories issued under this subarticle or the application to suspend, revoke, refuse to renew, or refuse to issue the same.

D. An applicant, registrant, licensee, or permit holder whose license or permit has been refused or revoked under this subarticle, except for failure to pass a required written examination, shall not file another application for a license or permit within one year from the effective date of the refusal or revocation. After one year from that date, the applicant may reapply, and in a public hearing, show good cause why the issuance of his license or permit does not hinder public safety and health.

E. A person whose license to service portable fire extinguishers or to install or service fixed fire extinguishing systems has been expired or revoked must retake and pass the required written examination before a new license may be issued.

F. If a license has been expired for two years or longer, the license shall not be renewed. A new license shall be obtained by complying with the requirements and procedures for obtaining an original license. At least thirty days before the expiration of a license, the State Fire Marshal shall send written notice of the impending license expiration to the licensee at his or its last known address. This subsection shall not be construed to prevent the denying or refusing to renew a license under applicable law or regulations of the State Fire Marshal. Note: All licenses and permits shall expire on January 31, annually.

G. The State Fire Marshal shall send notice to each examinee of the results of the examination, not later than the thirtieth day after the day on which a licensing examination is administered under this subarticle. If an examination is graded or reviewed by a consultant testing service, the State Fire Marshal shall send notice to the examinees of the results of the examination within two weeks after the date on which the State Fire Marshal receives the results from the testing service. If the notice of the examination results will be delayed for longer than ninety days after the examination date, the State Fire Marshal shall send notice to the examinee of the reason for the delay before the ninetieth day. If requested in writing by a person who fails the licensing examination administered under this subarticle, the State Fire Marshal shall send to the person an analysis of the person's performance on the examination.

71 8307.13. Powers and Duties of the State Fire Marshal.

A. Powers and duties of the State Fire Marshal are:

1. to evaluate the applications of firms or individuals for a license to engage in the business of servicing portable fire extinguishers or installing fixed fire extinguishing systems;

2. to administer written examinations to ascertain the competency of applicants for a license to service portable fire extinguishers or install fixed fire extinguishing systems;

3. to issue licenses, permits, and apprentice permits which are required by this subarticle;

4. to evaluate the applications of firms seeking approval as testing laboratories for portable fire extinguishers;

5. to suspend or revoke licenses and permits for cause; and

6. to administer these regulations and supervise personnel in carrying out the requirements of this regulation.

71 8307.14. Certain Acts Prohibited.

A. No person or firm shall do any of the following:

1. Engage in the business of servicing portable fire extinguishers without a valid and current license;

2. Engage in the business of installing or servicing fixed fire extinguishing systems without a valid and current license;

3. Service portable fire extinguishers or service or install fixed fire extinguishing systems without a valid and current license;

4. Perform hydrostatic testing of portable fire extinguishers manufactured per the specifications and requirements of the United States Department of Transportation without a valid and current hydrostatic license;

5. Obtain or attempt to obtain a license or permit by fraudulent representation;

6. Service portable fire extinguishers or service or install fixed fire extinguishing systems contrary to the provisions of these regulations;

7. Service or hydrostatic test a fire extinguisher that does not have the proper identifying labels;

8. Sell, service, recharge, or have for use any of the following types of fire extinguisher:

a. Carbon tetrachloride;

b. Chlorobromomethane;

c. Dibromodifluoromethane;

d. Dichlorodifluoromethane;

e. Azeotropic chloromethane;

f. 1, 2 dibromo2chloro1, 1, 2 trifluoroethane;

g. 1, 2 dibromo2, 2difluoroethane;

h. Methyl bromide;

i. Ethylene dibromide;

j. Hydrogen bromide;

k. Methylene bromide;

l. Bromodifluoromethane; or

m. Any other toxic or poisonous vaporizing liquid fire extinguishers; and

9. Directly or through an agent sell, offer for sale, or give in this state any make, type, or model of fire extinguisher, either new or used, unless such make, type, or model of extinguisher has first been tested and is currently approved or listed by Underwriters' Laboratories, Inc., Factory Mutual Laboratories, Inc., or other nationally recognized testing laboratory whose testing procedures used for approval in the listing of portable fire extinguishers are acceptable to the State Fire Marshal, and unless such extinguisher carries an Underwriters' Laboratories, Inc., or manufacturer's serial number. The serial number shall be permanently stamped on the manufacturer's identification and instruction plate.

71 8307.15. Cease and Desist Orders; Notice to Correct Hazardous Conditions.

When the State Fire Marshal shall have reason to believe that any person is or has been violating any provisions of this regulation or any rules or regulations adopted and promulgated pursuant thereto, he or his designated agent may issue and deliver to such person an order to cease and desist such violation or to correct such hazardous condition.

71 8307.16. Suspension or Revocation of License or Permit.

A. The license of any company or individual may be suspended or revoked because of failure to comply with the terms of any order to correct violations within the specified abatement period or for failure to comply with any cease and desist orders. A license may be suspended for a period not to exceed one year from the date of license suspension. A license may be revoked for a period not to exceed two years from the date of license revocation.

B. In addition, a license may be suspended or revoked where the licensee is found to have:

1. rendered inoperative a fire extinguisher or preengineered system which is required by any rule of the State Fire Marshal, except during such time as the extinguisher or preengineered system is being inspected, serviced, or recharged;

2. falsified any records required to be maintained by this chapter or rules adopted thereto;

3. improperly serviced, recharged, repaired, tested or inspected a fire extinguisher or preengineered extinguishing system;

4. allowed another person to use his permit or license number or used a license or permit number other than the licensee's or permittee's valid license or permit number; or

5. obliterated the serial number on a fire extinguisher for purposes of falsifying service records.

71 8307.17. Responsibility of Equipment Manufacturer.

All manufacturers of portable fire extinguishers and fixed fire extinguishing systems doing business in South Carolina shall be required to provide to the State Fire Marshal all technical information as well as installation instructions that may apply to their systems and equipment sold, installed, and serviced in South Carolina. This technical information shall include design revisions and updating information on systems sold in South Carolina.

71 8307.18. Penalties.

The State Fire Marshal authorizes any Deputy State Fire Marshal or Certified Resident State Fire Marshal to issue a citation for each offense to any person, firm, or corporation licensed under these regulations who has violated any provision of this subarticle.

71 8308. Fire Safety: Construction and Operation of Local Detention Facilities.

71 8308.1. Application.

These regulations shall apply to the construction and operation of all local detention facilities, regardless of intended capacity. Facilities constructed on or before the effective date of these regulations are exempt from the requirements contained therein.

71 8308.2. Definitions.

A. "SBC" means the Standard Building Code, adopted in 718300.9.

B. "NFPA" means the National Fire Protection Association.

C. "Local detention facility" means any municipal, county, or multijurisdictional overnight lockup, jail, prison camp, or prison where one or more persons are held for more than six hours.

D. "UL" means Underwriters' Laboratories, Inc.

71 8308.3. Policy.

Consistent with the requirements of these regulations, each newly constructed and opened local detention facility shall:

1. be equipped with and maintain necessary fire detection, control and protection equipment;

2. establish, in writing, procedures for the prevention of, control of, and response to fires;

3. ensure that all facility staff members are trained in the use of fire detection, control, and protection equipment.

71 8308.4. Fire Detection Equipment.

A. Each local detention facility shall have installed and maintained a smokeactivated fire detection system that meets the requirements of NFPA 72, 1996 edition, for that type of fire detection system.

B. The smokeactivated fire detection system installed in a local detention facility shall:

1. be equipped with a sufficient number of manually operated signaling devices, with at least one on each floor, to ensure that an auxiliary means of activating the system is available; and

2. be designed and installed so as to detect fire in its initial stage in all areas of a local detention facility and upon such detection to automatically activate an audible signal, distinct from all signals of other sounding devices used in the vicinity, to warn all persons within a local detention facility in the event of fire or other emergency.

71 8308.5. Fire Control Equipment.

A. Standpipe Systems.

1. Each local detention facility two or more stories and exceeding 50 ft. in height shall install and maintain a Class III standpipe system per NFPA 14.

2. Any standpipe system installed pursuant to this section shall:

a. be designed and installed so that all facility areas can be quickly reached by an effective stream of water;

b. be designed to furnish heavy hose streams for severe fires, and firstaid streams to control incipient fires;

i. (As used in this section, the term heavy hose means hose which is 2 1/2 "' in diameter. It is not necessary that such hose be installed or maintained within a local detention facility;)

ii. (As used in this section, the term firstaid means hose which is 1 1/2 "' in diameter; such hose shall be immediately available for use in the facility by staff members and local fire fighter agencies.)

c. include a clear indication of the location of all standpipe system outlets and equipment;

d. have a reliable and adequate source of water sufficient to maintain an effective flow for a minimum of thirty minutes; and

e. have fire department connections with siamese feature for the injection of additional water at appropriate pressure into the standpipe system.

B. Sprinkler System.

1. Each local detention facility shall have installed and maintained an automatic sprinkler system per NFPA 13.

C. Each local detention facility shall install and maintain a sufficient number of fire extinguishers as required by NFPA 10. Such fire extinguishers shall:

1. be easily accessible for emergency use;

2. be maintained in a fully charged and operable condition;

3. not exceed 40 lbs. in gross weight;

4. if maintained in a facility area which contains electrical equipment, flammable liquids, solvents, paints or petroleumbased products, be of the carbon dioxide or multipurpose dry chemicaltype or other types as approved in NFPA 10;

5. if maintained in a facility area which contains wood, paper, cloth or rubbish, be of the multipurpose dry chemical or water type; and

6. not be of the soda and acid type.

71 8308.6. Fire Detection, Control, and Protection Equipment Specifications and Installation.

All fire detection, control, and protection equipment installed in a local detention facility shall be maintained per the requirements of the applicable NFPA standard. Such conformances shall be determined by the Resident Fire Marshal with the assistance of the Office of State Fire Marshal's Office and based on guidelines issued by the Office of State Fire Marshal.

71 8308.7. Hazardous Areas.

All hazardous areas, including boiler rooms, laundries, kitchens, storage rooms, paint shops, and trash rooms, shall be protected by proper separation or automatic extinguishing equipment to prevent spread of fire.

71 8308.8. Prohibition of Polyurethane Products.

Use of polyurethane products in the secured interior portions of local detention facilities is prohibited.

71 8308.9. Fire Retardant Paint.

All paint used within the secured portions of local detention facilities shall be fire retardant at least to the extent that, if applied to Douglas Fir and other tested combustible surfaces, it reduces flame spread to a flame spread classification value of 25 or less, and has a smoke developed rating not exceeding 450 when tested per ASTM E84.

71 8308.10. Minimum Requirements.

Except as provided by more stringent requirements included in these regulations, the minimum standards for new construction shall be the SBC for Group I, Restrained Occupancies.

71 8308.11. Emergency Fire Plans and Procedures.

The chief administrative officer of the local detention facility shall:

1. establish and maintain contact with a local fire fighting agency or other fire fighting authority;

2. ensure that a local fire fighting agency or other fire fighting authority shall, at a minimum, be familiar with:

a. the physical plant of the local detention facilities; and

b. the location and type of fire detection, control, and protection equipment available and maintained within the facility;

3. establish, in conjunction with a local fire fighting agency or other local fire fighting authority, an emergency fire safety plan which shall be in writing and shall include, but not be limited to:

a. procedures for the detection and reporting of fires to the local fire fighting agency;

b. procedures for the immediate and safe and secure evacuation of all persons;

c. procedures for fire control and extinguishment;

4. require that each local detention facility shall have within the facility and available for use by the staff a number of selfcontained breathing apparatuses sufficient to equip all detention facility personnel working on a shift or seven, whichever is the smaller number;

5. ensure that weekly inspections of the facility are conducted by facility personnel for the purpose of detecting and alleviating potential fire hazards, and ensure that reports of such inspections and remedial action based on such inspections are maintained;

6. ensure that all fire detection, control, and protection equipment maintained within the facility is inspected and tested at least every six months or per the recommendations of the manufacturer, whichever requires the more frequent inspection. Written records of such inspections shall be maintained for three years and shall include, but not be limited to:

a. the name of the inspecting person;

b. the date of the inspection;

c. the condition of the equipment; and

d. action taken to correct any deficiencies in the equipment.

7. The evacuation plan describing means and routes of exit for all persons within the facility shall be prominently posted throughout the facility.

71 8308.12. Fire Hazard Policies.

A. Each facility shall, by written regulation or policy, provide for the following:

1. controlled inmate access to smoking materials and matches;

2. prohibition of use of smoking materials and matches by intoxicated inmates and inmates who have been identified as presenting a high risk of suicide;

3. prohibition of inmate use of electrical extension cords and electrical equipment without express approval of the facility administrator and the resident fire marshal; and

4. prohibition of inmate use of polyurethane products, including mattresses and pillows.

71 8308.13. Training.

A. All facility staff members shall:

1. be provided with a written copy of the facility emergency fire plans and fire hazard policies;

2. be tested quarterly in the execution of the emergency fire plan;

3. be given preservice and inservice training concerning fire hazard policies.

71 8308.14. Reporting.

Any incident of fire shall be reported immediately to the local fire fighting agency and shall be reported to the State Department of Corrections and the Office of State Fire Marshal within 24 hours of such incident.

71 8309. Fire Safety: Existing Local Detention Facilities.

71 8309.1. Application.

These regulations shall apply to all local detention facilities already constructed or approved for construction before May 29, 1991.

71 8309.2. Definitions.

A. "SBC" means the Standard Building Code, adopted in 718300.9.

B. "NFPA" means the National Fire Protection Association.

C. "Local detention facility" means any municipal, county, or multijurisdictional overnight lockup, jail, prison camp, or prison where one or more persons are held for more than six hours.

D. "UL" means Underwriters' Laboratories, Inc.

71 8309.3. Policy.

A. Consistent with the requirements of these regulations, each local detention facility shall:

1. be equipped with and maintain necessary fire detection, control, and protection equipment;

2. establish in writing procedures for the prevention of, control of, and response to fires; and

3. ensure that all facility staff members are trained in the use of fire detection, control and protection equipment.

71 8309.4. Fire Detection Equipment.

A. Each local detention facility shall have installed and maintained a smokeactivated fire detection system that meets the requirements of NFPA 72, 1996 edition, for that type of fire detection system.

B. The smoke activated fire detection system installed in a local detention facility shall:

1. be equipped with a sufficient number of manually operated signaling devices to ensure that an auxiliary means of activating the system is available; and

2. be designed and installed so as to detect fire in its initial stage in all areas of a local detention facility and upon such detection to automatically activate an audible signal, distinct from all signals of other sounding devices used in the vicinity, to warn all persons within a local detention facility in the event of fire or other emergency.

71 8309.5. Fire Control Equipment.

A. Standpipe Systems.

1. Each local detention facility two or more stories and exceeding 50 ft. in height shall install and maintain a Class III standpipe system per NFPA 14.

2. Any standpipe system installed pursuant to this section shall:

a. be designed and installed so that all facility areas can be quickly reached by an effective stream of water;

b. be designed to furnish heavy hose streams for severe fires, and firstaid streams to control incipient fires;

i. (As used in this section, the term heavy hose means hose which is 2 1/2 "' in diameter. It is not necessary that such hose be installed or maintained within a local detention facility.)

ii. (As used in this section, the term firstaid means hose which is 1 1/2 "' in diameter. Such hose shall be immediately available for use in the facility by staff members and local fire fighting agencies.)

c. include a clear indication of the locations of all standpipe system outlets and equipment;

d. have a reliable and adequate source of water sufficient to maintain an effective flow for a minimum period of 30 minutes; and

e. have fire department connections with Siamese feature for the injection of additional water at appropriate pressure into the standpipe system.

B. Each local detention facility shall install and maintain a sufficient number of fire extinguishers as required by NFPA 10. Such fire extinguishers shall:

1. be easily accessible for emergency use;

2. be maintained in a fully charged and operable condition;

3. not exceed 40 lbs. in gross weight;

4. if maintained in a facility area which contains electrical equipment, flammable liquids, solvents, paints or petroleumbased products, be of the carbon dioxide or multipurpose dry chemical type or other types as approved in NFPA 10;

5. if maintained in a facility area which contains wood, paper, cloth or rubbish be of the multipurpose dry chemical or water type; and

6. not be of the soda and acid type.

C. Each local detention facility shall have within the facility and available for use by the staff a number of selfcontained breathing apparatuses sufficient to equip all detention facility personnel working on a shift or seven, whichever is the smaller number.

71 8309.6. Fire Detection, Control and Protection Equipment Specifications and Installation.

All fire detection, control, and protection equipment installed in a local detention facility shall be maintained per the specification requirements of the National Fire Protection Association's National Fire Codes. Such conformances shall be determined by the resident fire marshal with the assistance of the Office of State Fire Marshal and based on guidelines issued by the Office of State Fire Marshal.

71 8309.7. Exits.

A. Means of egress shall consist of continuous and unobstructed paths of travel to the exterior of a building at all times. Means of egress shall not be permitted through kitchens, closets, restrooms and similar areas nor through adjacent tenant spaces.

B. Consistent with the requirements of subdivision C of this section, each local detention facility shall maintain at least two exits from each facility housing area.

C. Exits shall be so located that the distance from the most remote point in the floor area, room, or space served by them to the nearest exit, measured along the line of travel, shall not be so great as to create a hazard to human life in case of fire.

D. Where more than one exit is required, at least two shall be located as remote from each other as practicable and shall be so arranged and constructed to provide direct access in separate directions from any point in the area served and to minimize the possibility that both may be blocked by any one fire or other emergency condition.

E. Exits shall be:

1. clearly visible or the route to reach such exit conspicuously indicated;

2. illuminated;

3. exit doors shall be constructed so as to be unlocked from both the inside and the outside of the door by the facility staff, who shall have immediate access at all times to necessary keys or other unlocking mechanisms; and

4. kept clear and maintained in usable condition.

F. Each vertical way of exit and other vertical openings between floors of a facility shall be suitably enclosed or protected to afford reasonable safety to all persons while using such exits.

G. All required exit stairs shall be enclosed in onehour fire resistant construction.

71 8309.8. Hazardous Areas.

All hazardous areas, including boiler rooms, laundries, kitchens, storage rooms, paint shops, and trash rooms shall be protected by proper separation or automatic extinguishing equipment to prevent spread of fire.

71 8309.9. Prohibition of Polyurethane Products.

Use of polyurethane products in the secured interior portions of local detention facilities is prohibited.

71 8309.10. Fire Retardant Paint.

All paint used within the secured portions of local detention facilities shall be fire retardant at least to the extent that, if applied to Douglas Fir and other tested combustible surfaces, it reduces flame spread to a flame spread classifications value of 25 or less and has a smoke developed rating not exceeding 450 when tested per ASTM E84.

71 8309.11. Other Code Requirements.

Local detention facilities constructed under a building code shall, regarding any specific area of regulation, be required to comply with the applicable section of these regulations or of the construction building code, whichever is more stringent.

71 8309.12. Emergency Fire Plans and Procedures.

A. The chief administrative officer of each local detention facility shall:

1. establish and maintain contact with a local fire fighting agency or other fire fighting authority;

2. ensure that a local fire fighting agency or other fire fighting authority shall, at a minimum, be familiar with:

a. the physical plant of the local correctional facility; and

b. the location and type of fire detection, control, and protection equipment available and maintained within the facility;

3. establish, in conjunction with a local fire fighting agency or other local fire fighting authority, an emergency fire safety plan which shall be in writing and shall include, but not be limited to:

a. procedures for the detection and reporting of fires to the local fire fighting agency;

b. procedures for the immediate and safe and secure evacuation of all persons; and

c. procedures for fire control and extinguishment;

4. ensure that weekly inspections of the facility are conducted by facility personnel for the purpose of detecting and alleviating potential fire hazards; and ensure that reports of such inspections and remedial action based on such inspections are maintained;

5. ensure that all fire detection, control, and protection equipment maintained within the facility is inspected and tested at least every 6 months or per the recommendations of the manufacturer, whichever requires the more frequent inspection. Written records of such inspections shall be maintained and shall include, but not be limited to:

a. the name of the inspecting person;

b. the date of the inspection;

c. the condition of the equipment; and

d. action taken to correct any deficiencies in the equipment.

6. the evacuation plan describing means and routes of exit for all persons within the facility shall be prominently posted throughout the facility.

71 8309.13. Fire Hazard Policies.

A. Each facility shall, by written regulation or policy, provide for the following:

1. controlled inmate access to smoking materials and matches;

2. prohibition of use of smoking materials and matches by intoxicated inmates and inmates who have been identified as presenting a high risk of suicide;

3. prohibition of inmate use of electrical extension cords and electrical equipment without express approval of the facility administrator and the local resident fire marshal (local fire safety inspector); and

4. prohibition of inmate use of polyurethane products, including mattresses and pillows.

71 8309.14. Training.

A. All facility staff members shall:

1. be provided with a written copy of the facility emergency fire plan and fire hazard policies;

2. be tested quarterly in the execution of the emergency fire plan;

3. be given preservice and inservice training concerning fire hazard policies; and

4. be trained in the use of selfcontained breathing apparatus.

71 8309.15. Reporting.

Any incident of fire shall be reported immediately to the local fire fighting agency and shall be reported to the State Department of Corrections and the Office of State Fire Marshal within 24 hours of such incident.

71 8310. Fire Safety: Renovation of Existing Local Detention Facilities.

71 8310.1. Review of Plans.

Plans for renovation (alterations, repairs, or rehabilitation) of local detention facilities shall be submitted to the Office of State Fire Marshal for approval regarding compliance with these regulations and other fire safety codes.

71 8310.2. Compliance with Regulations.

All renovation of local detention facilities shall, to the extent determined by the State Fire Marshal, comply with the requirements of these regulations for the construction of new local detention facilities.

71 8312. Proximate Audience Pyrotechnics.

A. Definitions. Note: The following terms are not necessarily inclusive of all of the terms used in the pyrotechnic special effect industry.

1. "Alternating current (ac)" means electrical current that reverses direction in a circuit at regular intervals. Almost all electrical current supplied from wall outlets or sockets is alternating current.

2. "Black match" means a fuse made from thread impregnated with black powder and used for igniting pyrotechnic devices.

3. "Blank cartridge" means a cartridge constructed from a cartridge case with a percussion primer and filled with various loads of smokeless powder or other propellant. Weapons using blank cartridges are often used in conjunction with bullet hits.

4. "Bridgewire" means a fine wire that either heats up or explodes when an electric current is applied. It is used to fire pyrotechnic devices.

5. "Bullet effect" means an effect intended to simulate a slug from a weapon striking a person or object.

6. "Bullet hit" means a small explosive charge attached to a person, to the body, or to an inanimate object to simulate a slug from a weapon striking a person or object.

7. "Color pot" means a tube containing pyrotechnic materials. It produces a colored flame when it is ignited.

8. "Colored smoke" means an aerosol of special dyestuffs of chemical reactants dispersed by pyrotechnic heat or explosion.

9. "Common fireworks" means any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and meets the definition of "common" or "special" fireworks as set forth in the United States Department of Transportation's Hazardous Materials Regulation, Title 49 Code of Federal Regulations Parts 173.88 and 173.100.

10. "Concussion flash powder" means flash powder intended to be used in a concussion mortar to produce a loud concussive effect.

11. "Day box" means a portable magazine used for immediate storage of pyrotechnic materials.

12. "Deflagration" means a rapid chemical reaction in which the output is sufficient to enable the reaction to proceed and be accelerated without input of heat from another source. Deflagration is primarily a surface phenomenon with most reaction products flowing away from the unreacted material along the surface at the supersonic velocity. The effect of a deflagration under confinement is an explosion. Confinement of the reaction increases pressure, rate of reaction, and temperature, and in some cases, can cause transition into a detonation.

13. "Det cord (primacord)" means a flexible detonating cord. It is a highly explosive material encased in a plasticcovered cord resembling a clothesline.

14. "Detonation" means an extremely rapid chemical reaction in which the pressure generated is sufficient to cause the formation of a shock wave, which acts to cause the reaction to proceed. Detonation is a phenomenon with reaction products flowing in the direction of unreacted materials at supersonic velocity. The effect of a detonation with or without confinement is an explosion.

15. "Detonator" means any devices containing an initiating or primary explosive that is used for initiating detonation. The term includes, but is not limited to, electric blasting caps (of instantaneous and delay types), blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric caps that use a detonating cord, shock tube, or any other replacement for electric legwires. A detonator may also be an explosive or device initiated by a primer and used to initiate another explosive that is less sensitive and larger.

16. "Direct current (dc)" means electrical current that flows in one direction. Most frequently, direct current is supplied by a battery.

17. "Explosion" means the rapid production of hot gasses at a high pressure as the result of a chemical reaction and the sudden release of the energy to cause strong dynamic stresses in the surroundings. The term usually relates to the effects of a detonation of initiating explosives and high explosives, but also applies to the effect of a deflagrating propellant explosive in certain circumstances such as heavy confinement. Explosion is also a mechanical phenomenon in which failure of the container results in sudden release of pressure from within a vessel.

18. "Explosive" means any chemical compound, mixture, or device whose primary or common purpose is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, and igniters. The term "explosives" includes any material determined to be within the scope of Title 18, United States Code, Chapter 40, Importation, Manufacture, Distribution, and Storage of Explosive Materials, and also includes any material classified as a Class 1.1, Class 1.2, and Class 1.3 explosive by the Hazardous Material Regulations of the United States Department of Transportation.

19. "Fireworks" means any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation, and which meets the definition of "common" or "special" fireworks as set forth in the United States Department of Transportation's Hazardous Material Regulation, Title 49, Code of Federal Regulations, Parts 173.88 and 173.100.

20. "First fire" means the ignited mixture used with pyrotechnic devices and loaded in direct contact with the main pyrotechnic charge. A pyrotechnic firstfire mixture is compounded to produce a high temperature and hot slag. The mixture must be readily ignitable and capable of igniting the underlying pyrotechnic charge.

21. "Lycopodium" means the spores produced by the genus of mosses called lycopodium. This powdery, organic, yellow material can be agitated and dispersed mechanically into a cloud and then ignited by a spark, pilot flame, or electrical heating device. Although not a pyrotechnic material, this material is used by special effects operators to produce fire effects or in conjunction with other pyrotechnics to create a special effect.

22. "MSDS(s)" means Material Safety Data Sheet(s).

23. "Motion picture" means, for the purposes of this item, any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media.

24. "Nonelectric detonator" means a detonator that does not require the use of electric energy to function.

25. "Photoflash (photoflash powder)" means a loose pyrotechnic mixture that yields a very large amount of light for a small fraction of a second on exploding.

26. "Proximate audience" means an audience located closer to the pyrotechnics than allowed by NFPA 1123 (see below).

Minimum Radius of Display Site for Outdoor Display of Fireworks

Shell Size Minimum Radius of Display Site for Outdoor

Display of Fireworks

3 in. (76 mm) 140 ft. (43 m)

3 in. (76 mm) 210 ft. (64 m)

4 in. (102 mm) 280 ft. (85 m)

5 in. (127 mm) 350 ft. (107 m)

6 in. (152 mm) 420 ft. (128 m)

7 in. (178 mm) 490 ft. (149 m)

8 in. (203 mm) 560 ft. (170 m)

10 in. (254 mm) 700 ft. (214 m)

12 in. (305 mm) 840 ft. (256 m)

12 in. (305 mm) Approval of authority having jurisdiction

27. "Quick match" means black match that is encased in a loosefitting paper sheath. Although an exposed black match burns slowly, quick match burns extremely rapidly, almost instantaneously. Quick match is used in fuse for aerial shells and for simultaneous ignition of a number of pyrotechnic devices, such as lances in a grounddisplay piece.

28. "Safety fuse" means a flexible cord containing an internal burning medium by which fire or flame is conveyed at a constant and relatively uniform rate from the point of ignition to the point of use.

29. "Salute powder" see sonic flash.

30. "SCFM" means the South Carolina State Fire Marshal or his designee.

31. "Soft detonator" means a detonator with a higher velocity than a bullet, but with no metallic elements or jacket. This is essentially a blasting cap without metal jacket.

32. "Sonic flash (salute powder, extra fast flash, concussion flash powder)" means flash powder specifically formulated to produce a loud concussive effect.

33. "Sparkle flash powder" means a flash powder that produces a bright flash of light and a shower of sparks when it is ignited.

34. "Special fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, firecrackers containing more than 2 grains (130 mg) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces that exceed the limit for classification as "Common Fireworks." Special fireworks are classified as Class 1.3 by the United States Department of Transportation.

35. "Stars" means small masses of pyrotechnic compounds that are projected from aerial shells, mines, or roman candles. Stars burn while in the air, producing color or streamer effects.

36. "Theatrical flash powder" means a pyrotechnic material intended for use in theatrical shows. Theatrical flash powder produces a flash of light when ignited. Typical theatrical flash powders burn more slowly than salute powder and may also produce a shower of sparks. Theatrical flash powder is not intended to produce a loud report.

B. Exceptions: The following are exempt from these permits and licenses;

1. weapons used in enactments, when there is no projectile;

2. artillery field pieces used as salutes with no projectile; and

3. the use of model rockets outdoors by private individuals or clubs where no admission fee is charged.

C. Licenses and Permits for the Sale, Storage, and Use of Pyrotechnics.

1. Licenses for pyrotechnic operators authorize and place the responsibility for the handling, supervision, and discharge of any type or class fireworks or pyrotechnic device as may be permitted by the authority having jurisdiction, and establish that the operator is responsible for the training of his or her assistants in the safe handling, supervision, and discharge of these items and devices, in accordance with the following. Licenses are valid for one calendar year from the date of issue and must be renewed annually.

a. Pyrotechnic OperatorUnrestricted may conduct and take charge of all fireworks activity in connection with every kind of public fireworks display, whether commercial entertainment, experimental and other types of rockets, or special effects in motion picture, theatrical, and television production.

b. Pyrotechnic OperatorBasic Commercial may conduct and is restricted to all fireworks activities in connection with a commercial fireworks public display, including the determination that all mortars, set pieces, rocket launchers, and rockets are properly installed and that proper safety precautions have been taken to insure the safety of persons and property. Such operator shall have charge of all activities directly related to handling, preparing, and firing all fireworks at the public display, including the fixing of lift charges and quick match as needed for aerial shells.

c. Pyrotechnic OperatorRestricted Commercial may conduct and is restricted exclusively to the use and discharge of firecrackers and the use of other exempt fireworks in religious ceremonies, as may be permitted by the authority having jurisdiction.

d. Pyrotechnic OperatorRockets first class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading, and launching of all types of experimental rockets. Such operator shall also be responsible for the actions and the conduct of all assistants.

e. Pyrotechnic OperatorRockets Second Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of solid fuel experimental rockets only. Such operator shall also be responsible for the actions and conduct of all assistants.

f. Pyrotechnic OperatorRockets Third Class may purchase, transport, store and launch high power rockets. Experimental highpowered motors may only be imported, exported, and wholesaled by individuals or companies holding valid import, export, or wholesale licenses. Pyrotechnic Operator Rockets Third Class may only purchase highpowered rocket motors from licensed wholesalers.

g. Pyrotechnic OperatorMotion Picture Special Effects First Class may conduct and is restricted to the use, preparation, and use of all types of fireworks and special effects pyrotechnics, as may be permitted by the authority having jurisdiction, for the sole purpose of producing a visible or audible effect where and when such use is a necessary part of motion picture, television, theatrical or operatic production.

h. Pyrotechnic OperatorMotion Picture Special Effects Second Class may conduct and is restricted to the use of special effects, the loading of blank cartridges, colored fire, flash paper, smoke composition, the preparation and use of binary flash composition, and such other fireworks of whatever kind or class as may be permitted by the authority having jurisdiction.

i. Pyrotechnic OperatorMotion Picture Special Effects Third Class authorizes the loading of blank cartridge shells, and use of special effects, as may be permitted by the authority having jurisdiction, when under the direct supervision and control of a Pyrotechnic OperatorUnrestricted, Special Effects First or Second Class.

j. Pyrotechnic OperatorTheatrical authorizes the use of special effects, blank cartridges, colored fire, flash paper, flash smoke, composition, and the preparation and use of binary flash composition, as may be permitted by the authority having jurisdiction, in stage or theatrical productions only.

k. Pyrotechnic OperatorTheatrical Trainee authorizes the conducting of procedures permitted a Pyrotechnic OperatorTheatrical when under the direct supervision and control of a Pyrotechnic OperatorUnrestricted or a Pyrotechnic OperatorTheatrical.

l. Pyrotechnic OperatorPerformer is restricted to persons who perform before an audience, directly or indirectly, and may include magicians, comedians, still photographers, and others whose primary interest is in other than pyrotechnics. Such license is restricted to the use of blank cartridges, colored fire, flash paper, sparklers, and smoke composition, as may be permitted by the authority having jurisdiction, in connection with the production of theatricals and operas before a live audience in theaters, opera houses, television studios, night clubs, and similar occupations, or by the use of still photographers.

D. Display permits.

1. Permits shall be valid for the calendar period prescribed or until any condition of the permit application is changed.

2. A license or permit may be revoked, suspended, or denied by the State Fire Marshal because of, but not limited to:

a. noncompliance with any order written by the State Fire Marshal;

b. conviction of a crime of violence or any crime punishable by a term of imprisonment exceeding two years;

c. advocating or knowingly belonging to any organization or group which advocates violent overthrow of or violent action against the federal, state, or local government;

d. having or contracting physical or mental illness or conditions that in the judgment of the State Fire Marshal would make use or possession of pyrotechnics or explosive materials hazardous to the licensee or permittee and to the public;

e. violating the terms of the license or permit or essential changes in the conditions under which the license or permit was issued without prior approval of the State Fire Marshal;

f. violating the provisions of the law and regulations of Proximate Audience Pyrotechnics. However, except for violations considered an immediate threat to public safety, the State Fire Marshal may issue a notice of noncompliance and set a time limit to achieve compliance; and

g. giving false information or making a misrepresentation to obtain a license or permit.

3. Permits may be issued for:

a. one day to thirty consecutive days;

b. greater than thirty consecutive days to one hundred eighty consecutive days;

c. greater than one hundred eighty consecutive days to three hundred sixtyfive consecutive days; or

d. special, one performance, less than five effects, and an audience of less than twenty persons.

4. Applications:

a. Applications for permits shall be received in the Office of State Fire Marshal fifteen days prior to the performance date. Should the application be received less than fifteen days prior to the performance date, the application fee is doubled.

b. Applications for motion picture related licenses and permits shall be received in the Office of State Fire Marshal fifteen days prior to the performance date. Should the application be received less than fifteen days prior to the performance date, the application fee is doubled.

5. Fees.

a. Licenses or permits are required for the following. Should the applicant possess an equivalent license or permit issued by LLR, duplicates are not required. The SCFM shall determine equivalency. The fees for licenses and permits are:

i. Manufacture $1500.00

ii. Wholesaler/distributor $1000.00

iii. Jobber $ 400.00

iv. Importer and exporter $1500.00

v. Retailer $ 50.00

vi. Display one day to thirty consecutive days $ 300.00

vii. Display greater than thirty consecutive days to one $ 600.00 hundred eighty consecutive days

viii. Display greater than one hundred eighty consecutive $1000.00 days to three hundred sixtyfive consecutive days

ix. Special display, one performance, less than five $ 25.00 effects, and an audience of less than twenty persons

x. Pyrotechnic operator

a. Unrestricted $ 300.00

b. Basic commercial $ 75.00

c. Restricted commercial $ 50.00

d. Rockets, first class $ 50.00

e. Rockets, second class $ 50.00

f. Rockets, third class $ 50.00

g. Motion Picture Special effects, first class $ 250.00

h. Motion Picture Special effects, second class $ 200.00

i. Motion Picture Special effects, third class $ 100.00

j. Theatrical $ 200.00

k. Theatrical trainee $ 100.00

l. Performer $ 100.00

xi. Magazines $ 50.00

xii. Circuit tester approval $ 10.00

xiii. Firing device approval $ 10.00

6. Enforcement.

a. The SCFM or any authority having jurisdiction may enforce these laws and regulations.

b. It shall be the responsibility of the facility manager, the permittee, and the licensee to insure that the requirements of the law and regulations governing pyrotechnics used before a proximate audience are complied with.

7. Penalties.

a. Any person who violates any provision of these laws and regulations will purchase the appropriate permit, pay the appropriate license fee, if any are required, and be subject to the following:

i. S.C. Code Ann. 2336170, 1976, as amended.

ii. S.C. Code Ann. 2335150, 1976, as amended.

8. Confiscation, storage, or disposal of pyrotechnic and explosive materials used for proximate audience displays by the State Fire Marshal shall comply with S.C. Code Ann. 2336110, 1976, as amended.

9. Regulation of the use of pyrotechnic materials before a proximate audience by local governments.

Nothing contained in these regulations shall affect any existing ordinances or regulations pertaining to the use of pyrotechnic materials before a proximate audience of any county or incorporated city or town which are not less restrictive than the provision of this chapter and regulations or affect, modify, or limit the power of the county or incorporated city or town to adopt ordinances and regulations pertaining to the use of pyrotechnic materials before a proximate audience within the county or corporate limits.

10. Qualifications of pyrotechnic operators.

a. No person who has not actively participated in the setup and loading of at least five proximate audience performances in which pyrotechnic special effects were used shall be granted a license. (At the option of the issuing office, an alternative number shall be permitted to be substituted.)

b. No person shall be granted a license who has not met the requirements of paragraph A above and at least one of the following requirements:

i. successfully completed a comprehensive written examination covering this code and state laws pertaining to the display of proximate audience pyrotechnic special effects;

ii. received a competency certificate from a national organization that promotes the safe use of pyrotechnic special effects and is approved by the SCFM;

iii. has been licensed for the use of pyrotechnic special effects by another state approved by the SCFM; or submits

iv. a letter from the authority having jurisdiction and a licensed operator stating their satisfaction as to the qualifications of the operator and is approved by the SCFM.

11. The SCFM shall designate the type of pyrotechnic operators license issued on an individual basis.

12. Provisions for license renewal. A license shall be granted upon review of the applicant's record, proving active participation in at least three pyrotechnic special effect performances during the period covered by the license being renewed, and that these displays were operated in a safe manner and approved by the SCFM. The proximate audience displays can be either indoor or outdoor.

E. Insurance requirements.

1. Liability insurance in the amount of $500,000 shall be provided by the permittee. The permittee shall furnish a certificate of insurance or provide proof of selfinsurance in this amount.

2. Liability insurance in the amount of $1,000,000 shall be provided by any permittee involved with motion picture productions. Motion picture companies employing this person(s) shall list the State of South Carolina and its agents as additional insureds.

F. Inspections.

1. The authority having jurisdiction who is required to judge the safety of any production or rehearsal shall inspect to insure compliance of the following requirements. This is a minimum inspection and the authority having jurisdiction may add to these requirements. The SCFM may photograph or videotape any or all parts of these inspections.

a. Access:

i. fire lane kept clear;

ii. hydrants not blocked;

iii. fire department connections clear;

iv. standpipe connections clear;

v. at least two fire extinguishers in accordance with NFPA 10 are provided;

vi. extinguishing equipment charged and in good working order; and

vii. warning signs.

b. Exits:

i. all designated exits clear; and

ii. exits visible.

c. Pyrotechnic materials and devices:

i. proper and current license in the possession of the pyrotechnic operator;

ii. permit on site;

iii. fire department briefed on proposed activity;

iv. alternate means of protection provided; and

v. proper ventilation.

d. Electrical:

i. electric wire and connections in good condition;

ii. appropriate power supply; and

iii. pyrotechnic firing mechanism in good working order.

e. Flameproofing:

i. set and scenic materials appropriately treated for flame retardance in accordance with NFPA 701;

ii. burlap and other protective materials used for rigging treated for flame retardance in accordance with NFPA 701.

G. Circuit testers and firing devices.

1. Circuit testers and firing devices which are not blasting certified shall be certified annually by a testing facility approved by the SCFM.

i. Circuity testers shall supply no more than 25 mA of current and measure resistance in ohms; and

ii. Firing devices shall be rated as to the number of effects it will function in a series circuit and the number it will function in a parallel circuit.

H. Storage of special effects pyrotechnics and other material.

1. All classes of explosives shall be stored in accordance with the South Carolina Explosive Control Act or Title 27 Code of Federal Regulations, Subpart K.

2. All other pyrotechnic materials shall be stored in accordance with the appropriate NFPA standard.

I. Posting of permit.

1. Three copies of the permit package shall be posted, one on each side of the stage and one at the control site. The permit package shall contain a copy of the permit, Certificate of Insurance, and the MSDS(s).

J. Fire Protection.

1. The authority having jurisdiction may require the permittee to furnish fire support personnel other than local firefighters.

2. The permittee shall demonstrate to the authority having jurisdiction a proficiency in the use of all classes of fire extinguishers and standpipe system provided.

3. There shall be one person who is approved by the authority having jurisdiction assigned to each fire extinguisher.

4. The permittee shall furnish a fire watch during the times the special effects materials have been removed from storage and/or magazines and the conclusion of the performance. This person shall be identified by an orange shirt or vest with threeinch white letters on the front and back stating FIRE WATCH.

(For motion picture productions, the method for identifying the FIRE WATCH person on site shall be a mutually agreed upon means of designation between the State Fire Marshal, the permittee, and the First Assistant Director.)

5. Automatic fire alarm systems are required. The smoke detectors shall be zoned so that the areas affected by special effects smoke can be zoned out.

6. An override switch shall be provided at the firing point and a second switch and flashing light in the control room to shut off stage sound and make the public address system available for evacuation instructions.

K. Records.

1. Magazine log shall be available for inspection during normal work hours, 1 hour before, and 1 hour after each performance.

2. A true copy of all purchase and sales records of all special effects material to include Department of Transportation (DOT) manifest, shall be sent to the SCFM within five days of the transaction.