Could county inspectors inspect an exempt South Carolina school building at the school’s request?

Plain-English summary

Richland County asked whether its inspectors could inspect a school district facility that had not opted into local building ordinances. The April 2001 informal opinion said the school could request an inspection and county officials could provide one. It treated the inspection as a courtesy and said the officials could not use it to require a local permit or license.

The opinion distinguished ordinary building inspections from the fire safety duties reserved to certified State Engineer personnel and deputy state fire marshals. A county inspector could report findings under other building safety codes, provided the inspector did not claim those reserved powers.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

School districts

The question concerned a facility reviewed and approved by the State Department of Education. The statute exempted such facilities from local building permit ordinances unless the department or district directed otherwise. The AG said the school could nevertheless seek a county inspector's findings for its own information.

County inspectors

The letter allowed a voluntary inspection agreement, while preserving the school's local permit exemption and the state personnel's exclusive fire safety jurisdiction.

Common questions

Did requesting an inspection make local building ordinances mandatory?
A: No. The AG said the inspectors could perform the requested service despite the school's decision not to comply with local building code requirements.

Could county officials require a local permit after inspecting?
A: The opinion said the exempt school facility could not be required to acquire local permits or licenses under those ordinances.

Could county officials perform the Fire Marshal's duties?
A: No. The state personnel named in the statute retained exclusive jurisdiction over the specified fire safety powers.

Background and statutory framework

The letter read the building code exemption alongside the separate clause granting state personnel exclusive jurisdiction over school fire safety duties. It found no prohibition on a school requesting other building inspections for its own information.

Citations and references

• The AG said local officials could “inspect the facility and report the findings to the facility for its own information.”
• It described a voluntary local inspection as a “courtesy.”

Official title

Concerning the inspection of school district facilities by local county inspection officials.

Requester

Bradley T. Farrar, Deputy County Attorney, County of Richland

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-9-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01april-9-farrar.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

April9,2001

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Bradley T. Farrar, Deputy County Attorney
County of Richland
P.O. Box 192
Columbi~ South Carolina 29202

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RE: Informal Opinion

Dear Mr. Farrar,
By your letter of March 22, 200 I, you have requested an opinion of this Office concerning the inspection of school district facilities by local county inspection officials. Some background information may be necessary before turning to your question. Chapter 9 of Title 6 establishes a statutory scheme whereby local governments may adopt certain listed building codes, with procedures for approval of variations from those codes due to any unique conditions of the locality. See City of Charleston v. South Carolina State Ports Authority, 309 S.C. 118, 121, 420 S.E.2d 497, 499 (1992). Because the various adopted codes and approved local variations differ,, the legislature has exempted state agencies and other entities from the local codes. See id. South Carolina Code of Laws Section 6-9-11 O(A) lists those entities exempted from local ordinances: (A) A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard does not apply to a: (1) state department, institution, or agency permanent improvement project, construction project, renovation project, or property; or (2) school district facility, permanent improvement project, construction project, renovation project, or property which is reviewed and approved by the State Department of Education; except that the State Department of Education or a local school district may direct that the local ordinance or regulation apply to a particular facility, project, or property.

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REMBERT

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POST OFFICE Box 11549

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COLUMBIA. S.C. 29211-1549

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TELEPHONE: 803- 734-3970

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FACSIMILE: 803-253-6283

Mr. Farrar
April 9, 2001
Page 2of3

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As you have noted, the statute allows a school district or the State Department of Education to "optin" to local ordinances from which it would otherwise be exempt. Your question involves a school district facility that has not opted-in, but requests a building inspection from local building inspection officials, regardless. You have asked if the local inspection officials "may have some role in inspecting a school district facility" although the facility may choose not to comply with local building code ordinances. Particularly, you have questioned whether the provisions of Section 6-9-1 IO(B) would prohibit the local inspectors from inspecting school facilities. Section 6-9-11 O(B) states: (B) After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, including schools, in the exercise ofthe powers andjurisdictional authority ofthe State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50. (Emphasis added). The statutes referenced in this provision, Sections 23-9-30, 23-9-40, and 23-9-50, concern the duties of the State Fire Marshall to enforce the fire safety codes. These include such things as inspecting the storage of combustibles, checking the installation and maintenance of fire alarms and fire escapes, assessing the sufficiencies of exits, and investigating the causes of fires.

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First and foremost, as a cardinal rule of statutory interpretation, the words of a statute must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the statute's operation. Bryant v. City of Charleston, 295 S.C. 408, 368 S.E.2d 899 ( 1988). Courts must apply the clear and unambiguous terms of a statute according to their literal meaning. State v. Blackman, 304 S.C. 270, 403 S.E.2d 660 (1991 ). By the plain language of the statute, the certified personnel of the Fire Marshall have exclusive jurisdiction over school facilities, but only for the exercise of the duties enumerated in the fire safety provisions of Sections 23-9-30, 23-9-40, and 23-9-50. Nothing in Section 6-9-1 lO(B) prohibits a local building inspection official from performing inspections pursuant to other building safety codes. as long as the official does not purport to exercise the authority of the Fire Marshall and his duties under Sections 23-9-30, 23-9-40, and 23-9-50. Moreover, no other provision in the Code of Laws prohibits local building inspection officials and school district facilities from entering into an agreement by which the local officials inspect the facility and report the findings to the facility for its own information. I would note, however, that because pursuant to Section 6-9-1 IO(A), the school district facilities are exempt from certain local ordinances, the local building inspection officials may perform the inspection service as a courtesy, but cannot require the school facilities to acquire permits or licenses in compliance with local ordinances. Thus, a school district facility may request

Mr. Farrar
April 9, 2001
Page 3 of3
an inspection by the local inspection officials, and the local officials may perform the service, despite a facility's option not to comply with local building code requirements. This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I remain Very truly yours,

Susannah Cole
Assistant Attorney General

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