South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 8 - OFFICE OF STATE FIRE MARSHAL
Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY
Section 71-8300.1 - General

1. The purpose of these regulations is:

2. These regulations shall be the minimum standards required for fire prevention and life safety in South Carolina for all buildings and structures and shall not be waived.

1. These regulations shall apply to state, county, municipal, and private buildings, structures, or premises unless excluded by these regulations or state statute.

2. All buildings, structures, or premises, and all equipment or systems therein, shall be constructed, altered, or repaired in conformance with the latest adopted codes promulgated by the South Carolina Building Code Council and these regulations.

3. These regulations become effective immediately upon the publication as final regulations in the South Carolina State Register.

4. These regulations shall not conflict with any state statute, code, or ordinance adopted pursuant to S.C. Code Ann. Section 6-9-5 et seq., 1976, as amended, by any municipality or political subdivision. In the event of a conflict, such statute, code, or ordinance shall apply.

5. These regulations shall not apply to:

1. Unless addressed by requirements in these regulations, adopted codes, or state statutes that are indicated to be applicable to them, existing buildings, structures, or premises shall be permitted to continue in operation under the code applicable at the time when the buildings, structures, or premises were constructed.

2. Alterations, repairs, additions, and rehabilitation to an existing building, structure, or premise shall fully comply with the current codes.

3. Change of use or occupancy of an existing building shall comply with the current code requirements for change of occupancy classification.

1. "AHJ" means Authority Having Jurisdiction, which is the SFM, or his agents, or any local fire official covered by S.C. Code Ann. Section 23-9-30, 1976, as amended.

2. "ATF" means the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

3. "Bulk hydrogen compressed gas system" means an assembly of equipment that consists of, but is not limited to, storage containers, pressure regulators, pressure relief devices, compressors, manifolds, and piping with a storage capacity of more than 400 cubic feet (approximately 3000 gal.) of compressed hydrogen gas (or 5000 scf), including unconnected reserves on hand at the site, and terminates at the source valve.

4. "Bulk liquefied hydrogen gas system" means an assembly of equipment that consists of, but is not limited to, storage containers, pressure regulators, pressure relief devices, vaporizers, liquid pumps, compressors manifolds, and piping, with a storage capacity of more than 39.7 gal. of liquidized hydrogen, including unconnected reserves on hand at the site, and terminates at the source valve.

5. "Community Fireworks Display" means a display of consumer fireworks before a gathering where the individual discharging the consumer fireworks is not the responsible owner or lessee of the private property from where the display is being discharged. Public property or property not owned by an individual who is responsible for the discharging of consumer fireworks constitutes a community fireworks display. Consumer fireworks purchased by an association, organization, or business for the purpose of a display before a gathering of any number of people constitutes a community fireworks display.

6. "Consumer Fireworks" means any small device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing fifty (50) mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer fireworks are classified as fireworks UN0336 and UN0337 by the USDOT at 49 CFR 172.101. This term does not include fused setpieces containing components which together exceed 50 mg of salute powder. Consumer fireworks are further defined as those classified by the USDOT hazard classification 1.4g. These fireworks were formerly known as "Class C Fireworks."

7. "Container" means all vessels including, but not limited to tanks, cylinders, or pressure vessels used for the storage of hydrogen.

8. "Display 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, salutes containing more than two (2) grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "Consumer Fireworks." Display fireworks are classified as fireworks UN0333, UN0334, or UN0335 by the USDOT at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed fifty (50) mg of salute powder. Display fireworks are further defined as those classified by the USDOT as hazard classification 1.3g. These fireworks were formerly known as "Class B Fireworks."

9. "DOI" means the Department of Insurance.

10. "Engineered Special Hazard Fire Suppression Systems" means systems or equipment that is custom designed to be permanently installed and for use on the specific fire hazards that they are expected to control or extinguish. For the purpose of this regulation, water based fire suppression systems regulate d by NFPA 13, NFPA 13D, NFPA 13R, and SCRC P2904 are not considered Fixed-Fire Extinguishing Systems.

11. "Engineered hydrogen systems" means systems or equipment that is custom designed for a particular application.

12. "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, in buildings where construction has begun, or those occupied on or before the date of adoption of these regulations.

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

14. "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "consumer fireworks" or "display fireworks" as defined by this section.

15. "Fixed Fire Extinguishing System" means a pre-engineered fire extinguishing system that is permanently installed and designed for use on the specific fire hazards they are expected to control or extinguish. For the purpose of this regulation, water based fire suppression systems regulate d by NFPA 13, NFPA 13D, NFPA 13R, and SCRC P2904 are not considered Fixed-Fire Extinguishing Systems.

16. "Flame Effects" means the combustion of solids, liquids, or gases utilizing atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience.

17. "Hydrogen" is an element of the periodic table which, at room temperature and pressure, but can be compressed and/or refrigerated into a liquefied state.

18. "Hydrogen facility" is a fueling station or a fuel cell site that will store or dispense hydrogen for use as a transportation fuel, motor fuel, or in a fuel cell.

19. "Hydrogen generation system" means a packaged, factory matched, or site constructed hydrogen gas generation appliance or system such as (a) an electrolyzer that uses electrochemical reactions to electrolyze water to produce hydrogen gas; (b) a reformer that converts hydrocarbon fuel to a hydrogen-rich stream of composition and condition suitable for a type of device using the hydrogen. It does not include hydrogen generated as a byproduct of a waste treatment process.

20. "ICC" means the International Code Council.

21. "LP-Gas" means Liquefied Petroleum Gas as defined in S.C. Code Ann. Section 40-82-20.

22. "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.

23. "SDS(s)" means Safety Data Sheet(s).

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

25. "OSFM" means the Office of State Fire Marshal, Division of Fire and Life Safety, Department of Labor, Licensing and Regulation, also known as SC State Fire.

26. "Person" means an individual, partnership, or corporation;

27. "Portable Fire Extinguisher" means a portable device containing extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.

28. "Pre-engineered hydrogen system" means a system or device that has been designed with the intention of mass production and sales to the public, which uses or produces hydrogen in its function.

29. "Primary Qualifying Party" means a qualifying party who has been designated by a licensee as the principal individual responsible for directing or reviewing work performed by the licensee in a particular license classification or subclassification.

30. "Proximate Audience" means any indoor use of pyrotechnics and the use of pyrotechnics before an audience located closer than the distances allowed by NFPA 1123.

31. "Public Firework Display" means a presentation of Display or Consumer Fireworks for a public gathering, where the individual discharging the fireworks is not the responsible owner or lessee of the private property from where the display is being discharged. Public property or property not owned by an individual who is responsible for the discharging of fireworks constitutes a public fireworks display. Any public or private gathering utilizing display fireworks constitutes a public fireworks display.

32. "Pyrotechnics" means any composition or device designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.

33. "Qualifying Party" means an individual who has been issued a permit or certification to qualify an entity for a license by way of examination in a license classification or subclassification.

34. "S.C." means South Carolina.

35. "SCBC" means South Carolina Building Code, which is the latest edition of the International Building Code (IBC) with South Carolina modifications, as adopted and promulgated by the South Carolina Building Codes Council, except where South Carolina modifications do not apply.

36. "SCFC" means South Carolina Fire Code, which is the latest edition of the International Fire Code (IFC) with South Carolina modifications, as adopted and promulgated by the South Carolina Building Codes Council, except where South Carolina modifications do not apply.

37. "SCFGC" means South Carolina Fuel Gas Code, which is the latest edition of the International Fuel Gas Code (IFGC) with South Carolina modifications, as adopted and promulgated by the South Carolina Building Codes Council, except where South Carolina modifications do not apply.

38. "SCRC" means South Carolina Residential Code, which is the latest edition of the International Residential Code (IRC) with South Carolina modifications, as adopted and promulgated by the South Carolina Building Codes Council, except where South Carolina modifications do not apply.

39. "Servicing" includes maintenance, recharging, or hydrostatic testing of a Portable Fire Extinguisher or a Fixed Fire Extinguishing System.

40. "SFM" means the State Fire Marshal or his agent.

41. "Theatrical Pyrotechnics" means pyrotechnic devices for professional use in the entertainment industry similar to consumer fireworks in chemical composition and construction but not intended for consumer use.

42. "USDOT" means U.S. Department of Transportation.