Could a South Carolina firefighter work full time for two fire departments?

Plain-English summary

The St. Andrews Fire Chief asked whether one firefighter could hold full-time jobs with his department and another South Carolina fire department. The Attorney General found no state-law provision prohibiting service with more than one department. It pointed to a statute expressly requiring each department to register a firefighter who served more than one.

The opinion distinguished state law from the departments' own policies. It said an individual department might restrict outside fire service and recommended that the firefighter check both departments' policies. The letter did not examine either department's actual policy or decide whether the employee was complying with it.

Currency note

This opinion was issued in 2007. 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

Firefighters

Under the law reviewed in 2007, working for two departments was not barred by a statewide rule the AG could find. The opinion said the firefighter's eligibility under each department's own policies was a separate question.

Fire departments

The statutory framework required firefighter registration with the State Fire Marshal and a criminal background check. For a firefighter serving more than one department, the quoted statute required registration by each department.

Common questions

Did South Carolina law prohibit two full-time fire department jobs?
The AG found no such statewide prohibition in the law it reviewed.

Did each department have to register a shared firefighter?
Yes. The opinion quoted the statute requiring each department to register a firefighter who worked for or served more than one.

Could a department's own rules limit outside work?
The AG said individual departments could have restrictive policies and recommended checking both departments' policies.

Background and statutory framework

The opinion reviewed chapter 80 of title 40 of the South Carolina Code, including the registration and background-check requirement in S.C. Code Ann. § 40-80-30 and the multiple-department registration language in section 40-80-40(C).

Citations and references

• S.C. Code Ann. § 40-80-30: registration and background checks discussed by the opinion.
• section 40-80-40(C): registration by each department when a firefighter serves more than one.

Official title

Concerning the legality of an individual hired full-time by the St. Andrews Fire Department subsequently obtained full-time employment as a firefighter with another fire department within another jurisdiction in South Carolina.

Requester

Mark Schrade, Fire Chief, St. Andrews P.S.D. Fire Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-2-2007-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/shrade-m-5-2-07-os-8378-firefighter-serving-more-than-one-department.pdf

Original opinion text

May 2, 2007

Mark Schrade, Fire Chief
St. Andrews P.S.D. Fire Department
1775 Ashley River Road
Charleston, South Carolina 29407
Dear Chief Schrade:
In a recent letter to Attorney General Henry McMaster, you described a situation in which “an individual hired full-time by the St. Andrews Fire Department subsequently obtained full-time employment as a firefighter within another jurisdiction in the State of South Carolina.” Because the individual currently is working for two fire departments, you request an opinion as to “whether or not this is a legal situation within the State of South Carolina.” In our review of State law, we did not uncover a provision preventing a firefighter from serving more than one department. In fact, the statutes regulating firefighters, found in chapter 80 of title 40 of the South Carolina Code (Supp. 2006), contemplate firefighters serving more than one department. These statutes require, among other things, that firefighters register with the Office of the State Fire Marshal and undergo a criminal background check. S.C. Code Ann. § 40-80-30. Furthermore, section 40-80-40(C) of the South Carolina Code states: “A firefighter who works for or serves more than one fire department must be registered by each department.” Thus, according to this statute, the Legislature, in addressing the regulation of firefighters, accounted for firefighters’ employment with more than one department. Although we do not believe any provision of South Carolina law prohibits a firefighter from serving more than one department, individual fire departments may have policies restricting firefighters from such activity. Thus, we recommend the firefighter described in your letter check

Chief Schrade
Page 2
May 2, 2007

with the policies of both the St. Andrews P.S.D. Fire Department and fire department to which he recently became employed to ensure he is not in violation of either department’s policies. Very truly yours, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Cydney M. Milling
Assistant Attorney General