Who controls fire equipment owned by a South Carolina county but used by a fire district?

Plain-English summary

Jasper County's emergency services director asked who should control equipment that the county owned but a fire district used. The Attorney General's informal 2002 opinion said the answer turned on the district's legal origin and powers. It did not decide control from title to the equipment alone.

If an act of the General Assembly created the district and gave a board or commission the usual authority to acquire, maintain and manage fire equipment, the district board would most likely control it. If instead the county council assumed responsibility for fire protection and bought the equipment under its county-government powers, the council appeared ultimately responsible. The AG had not found a Jasper County fire-district act in the local-law index and suggested confirming that point with the county attorney.

Currency note

This opinion was issued in 2002. 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

Fire district boards

For a district created by a legislative act with equipment-management powers like those described in the letter, the AG said control of equipment used by the district would most likely rest with its board or commission. The opinion did not identify such an act for the Jasper County district.

County councils

Where a county council itself provided fire protection and purchased the equipment under S.C. Code Ann. §4-9-30, the AG said the council appeared ultimately responsible. It drew on a prior Abbeville County opinion involving county-provided fire protection and fire-truck contracts.

Common questions

Did Jasper County's ownership automatically give its council operational control? A: The opinion did not treat ownership as conclusive. It said the governing act or the council's own fire-protection authority would determine which body controlled the equipment.

Could a legislatively created fire-district board control county-owned equipment? A: The AG said that was the likely result if the act creating the district gave its board equipment powers similar to those the opinion described.

Did the AG find a law creating this particular Jasper County fire district? A: No. A footnote says the local-law index search found no such act and suggests checking with the county attorney.

Background and statutory framework

The letter compared two possible sources of authority: a district-specific act of the General Assembly and a county council's powers under S.C. Code Ann. §4-9-30. It did not resolve which arrangement actually governed the district in the request. The letter expressly calls itself an informal opinion by an Assistant Attorney General.

Citations and references

• S.C. Code Ann. §4-9-30: county authority discussed for providing fire protection and purchasing equipment.
• Prior AG letters dated December 13, 1995, and February 19, 1986, were used as comparisons, not as findings about Jasper County.

Official title

Questioning whether Jasper County should control equipment it owns but a fire district uses.

Requester

Mike Hodges, Director, Jasper County Emergency Services

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-22-2002/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02may22hodges.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

May 22, 2002

Mike Hodges, Director
Jasper County Emergency Services
P.O. Box 2365
Ridgeland, South Carolina 29936
Re:

Your Letter of March 13, 2002

Dear Mr. Hodges:
In your above-referenced letter, you ask for an opinion on the following question: "if Jasper County owns the equipment that the fire district uses, should Jasper County be in control of how it is operated?" The answer to your question depends on how the fire district was created. If the district was established by Act of the General Assembly, then the terms of the Act must be reviewed. In most instances, where a fire district has been created by legislative act, some sort of commission or board has been established which is responsible for running the district. Generally, these commissions or boards are given the authority to purchase equipment, select sites or places to keep equipment, provide for and select drivers and volunteer firemen, procure and supervise the training of the firemen, provide for the upkeep of the equipment, promulgate rules and regulations, and borrow funds for the benefit of the district. See OP. ATTY. GEN. Dated December 13, 1995 (relating to Act No. 879of1960 which established the Croft Fire District in Spartanburg County). If the creation of the Jasper County fire district referenced in your question was created by an Act of the General Assembly with similar provisions as above, then the control of the equipment used by the district would most likely be within the control of the fire district's board or commission. 1 If, on the other hand, Jasper County Council has assumed responsibility for providing fire protection services and purchasing the fire equipment to be used pursuant to the powers given it by S.C. Code Ann. §4-9-30, then it appears that Council itself would ultimately be responsible for the equipment used to provide the fire protection services. This Office reached a similar conclusion in

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In responding to your letter, I reviewed the Index to Local Laws for Jasper County. I was unable to find any reference to an Act of the General Assembly related to the creation of a fire district in Jasper County. You may wish to confirm this with the Jasper County Attorney. REMBERT

c. DENNIS BUILDING

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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. Hodges
Page 2
May 22, 2002

a February 19, 1986 opinion wherein we stated that "[b]ecause Abbeville County has assumed responsibility ... for providing fire protection services ... it would appear to be appropriate that Council enter into contracts for lease or purchase of fire trucks ... " 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 and not officially published in the manner of a formal opinion. Sincerely,

Assistant Attorney General
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