US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Statutory Authority: Act 178 of 1981, and 1976 Code Sections 4-29-140, 44-7-1590, and 48-3-140

19-101. Travel Regulations for State Employees; Policy.

These regulations apply to all employees of the State or agencies thereof not otherwise specifically covered by law.

19-101.01. Travel and Transportation at State Expense.

Travel and transportation at State expense will be authorized only when officially justified and by those means which meet State government requirements consistent with good management practices.

19-101.02. Economical Considerations.

Transportation to and from points of arrival and departure will be accomplished by the most economical methods.

19-101.03. Air Travel.

Travel by commercial airlines will be accomplished in coach or tourist class, except where exigencies require otherwise.

19-101.04. Definitions.

A. Permanent place of employment: The location of the place of activity where a State employee is regularly assigned and performs work. The corporate limits of the city or town in which the employee's place of work is located. If an employee is not employed in an incorporated city or town, his permanent place of employment is the place of work.

B. Residence: The fixed or permanent domicile of a person that can reasonably be justified as a bona fide place of actual residence.

C. Mileage allowance: A rate per mile in lieu of actual expenses of operation of a privately owned automobile. If a dependent accompanies an employee on an authorized business trip, only those expenses which may be directly attributed to the employee may be reimbursed.

19-101.05. Automobile Travel.

Auto travel should be by the most direct route practicable, and substantial deviation from distances shown by the current State Highway system map of the South Carolina Highway Department should be explained.

19-101.06. Mileage Between Employee's Home and Place of Employment.

Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.

19-101.07. Travel and Subsistence Limitations.

Travel and subsistence limitations may be made more restrictive by the agency head or director as dictated by agency requirements.

19-101.08. Election to Travel by Automobile Rather Than Aircraft.

If, for his own convenience, an employee elects to travel by automobile when air travel is more economical he shall be entitled to reimbursement as follows:

A. Mileage equal to the amount of coach or tourist air fare.

B. Vicinity mileage incurred on official business in lieu of using a taxi.

C. Parking fees equal to that which would have been incurred if the car had been parked at the airport.

D. Subsistence based on date and time airline connections would have been made for departure and return. Any period of time exceeding these guidelines will be at the employee's expense and no subsistence will be paid.

19-101.09. Parking Fees; Fines for Motor Vehicle Violation.

Parking fees for state-owned vehicles are reimburseable. No reimbursement shall be made to operators of state-owned vehicles who must pay fines for moving or non-moving violations.

19-101.10. Mileage for Use of Privately Owned Vehicle.

The mileage allowance paid to State employees for the use of privately owned vehicles shall be in lieu of all expenses connected with the operation of the vehicle including but not limited to operating costs, depreciation, parking fees, tolls, et cetera. Provided, however, the employee may be reimbursed for storage or parking charges when it is necessary that the vehicle be left at a hotel, airport, or like facility.

19-101.11. Schedule of Maximum Meal Reimbursement.

The Budget and Control Board shall annually prepare a schedule of allowable deductions for meals which shall not exceed the total amount allowed in accordance with the General Appropriations Act. The Budget and Control Board may waive the provisions of this schedule for certain activities of or functions performed by members of state boards, commissions, or committees who are not state employees. The Budget and Control Board shall furnish to each agency a copy of the schedule as soon as practicable after the passage of the General Appropriations Act.

19-101.12. Meal Reimbursements.

No reimbursement shall be made for meals within ten (10) miles of an employee's official headquarters or official place of residence. Agency heads or directors may increase this distance requirement as deemed appropriate.

19-101.13. Receipts for Expenditures.

Receipts for all expenditures other than taxi fares and meals shall be provided with the voucher requesting reimbursement.. Provided, however, that the Budget and Control Board may waive this requirement if the employee can furnish other acceptable evidence of expenditures subject to reimbursement.

19-101.14. Attendance at Statewide, Regional or District Meetings.

Employees required, as a part of their official duties, to attend statewide, regional or district meetings within the area in which the employee is headquartered may receive reimbursement for the cost of meals served at such meetings. Reimbursements for these meetings must have the specific approval of the sponsoring agency director who will notify other agencies involved.

19-101.15. Repealed 063)by State Register Volume 17, Issue No. 5, Part 1, effective May 28, 1993.

19-101.16. Overnight Accommodations.

No reimbursement for overnight accommodations will be made within fifty (50) miles of the employee's official headquarters or place of official residence.

19-101.17. Foreign Travel.

Any foreign travel of a State employee will require prior approval of the Budget and Control Board regardless of the source of funds financing such travel. For the purpose of this regulation, foreign travel is defined as any destination outside the continental limits of the United States except Alaska, Hawaii, Canada, Puerto Rico, or the Virgin Islands.

19-101.18. Handicapped Employees.

If a handicapped employee, because of his handicap, is unable to use the most economical mode of travel he may avail himself of the most economical mode compatible with his handicap. In determining the next most economical mode of travel, the following must be considered:

A. Cost of fare or mileage.

B. Subsistence expenses incurred due to extra days of travel, if any.

C. Lodging expenses incurred due to extra days of travel, if any.

D. Other allowable expenditures incurred due to extra days of travel, if any.

The agency director of the employee's agency must certify as to the employee's handicap and as to his inability to use the most economical mode of travel.

No expenses will be authorized for attendants traveling with State employees.

19-101.19. Advances for Travel Expenses.

Travel expense advances may be made subject to the following:

A. No travel advance shall be made to an employee for travel within the State without specific approval of the Budget and Control Board.

B. No travel advance shall be made for more than 80% of the estimated amount of the total travel expense, excluding airline transportation.

C. No advance shall be made in instances where 80% of the estimated travel expense does not exceed $250.

D. The agency, department or institution making advances shall keep such records of advances made in accordance with rules prescribed by the Comptroller General. If the Comptroller General shall furnish to the Budget and Control Board a statement that any agency has failed to keep proper records of travel advances, the Budget and Control Board may withdraw the privilege of that agency for making travel advances.

E. The Comptroller General may require that requests for travel advances must be submitted not later than seven (7) business days prior to the beginning of the trip for which the advance is requested.

F. When the travel assignment is completed, a voucher payable to the traveler shall be prepared for the total amount of allowable expenses incurred and paid. The traveler must then repay the cash advance when the voucher is processed for payment and the check issued to the traveler.

19-102. Approval Procedure for Industrial Revenue Bond, Pollution Control Bond and Hospital Revenue Bond Proposals.

19-102.01. Securing Approval of Proposal.

To secure approval of a proposal to issue industrial revenue bonds (Sections 4-29-10, et seq), pollution control bonds (Sections 48-3-10, et seq), or hospital revenue bonds (Sections 44-7-1410, et seq), the following must be submitted as a package to the Budget and Control Board (the Board):

A. An executed original and two copies of the petition to the Board which may include a request for the allocation of a portion of the State Ceiling on the issuance of private activity bonds and the no consideration certificate required by the Internal Revenue Service in connection with such allocations.

B. An executed copy of the resolution or ordinance of the governing body authorizing a petition to the Board.

C. An executed copy of the inducement resolution or comparable preliminary approval of the proposed undertaking, if any.

D. Audited financial statements of the entity obligated to pay the bonds covering at least three prior fiscal years except that, in any case where the bonds are to be sold privately, a representation from the person or institution purchasing the bonds that satisfactory financial information has been provided by that entity and that the bonds are being purchased for investment rather than resale purposes may be submitted in lieu of audited financial statements. Use of the Board's Standard Form Investment Letter for that representation is urged.

E. The required certifications by the Department of Health and Environmental Control must accompany petitions for the issuance of pollution control and hospital revenue bonds.

F. An original and as many copies as bond counsel may need of the resolution proposed for adoption by the Board, which must include the proposed public notice, to be certified by the Board Secretary.

G. A check for the processing fee in accord with the following schedule:

$1,000,000 or less $2,000

Over $1,000,000 through $25,000,000 $3,000

Over $25,000,000 through $50,000,000 $4,000

Over $50,000,000 $5,000

If a request is only for an allocation of a portion of the State Ceiling on the issuance of private activity bonds, only the documents described in A and C, above, are required.

19-102.02. Notice; Submission of Documents.

The required documents must be submitted to the Board Secretary together as a package for agenda preparation and review purposes not less than six days prior to the Board meeting at which a particular petition is proposed to be acted upon. Unexecuted documents may be submitted for agenda and review purposes but executed versions must be submitted prior to the meeting or the proposal will be withdrawn from the agenda.

The submission of additional documents, such as the proposed forms of bonds, loan agreements, mortgages and security agreements, providing for the issuance and securing of the bonds is not required except when requested by the State Auditor or his designee. These additional documents may be submitted in unexecuted form.

The financial statements and other documents submitted for review by the State Auditor are considered part of the Auditor's working papers and are filed accordingly.

19-102.03. Review by Office of Attorney General; Review of Financial Condition of Entity Proposing Bonds.

Prior to Budget and Control Board approval of a petition (a) the resolution/ordinance, the petition, the inducement resolution or comparable preliminary approval, if any, the proposed Board resolution and any required certificate shall have been reviewed and found legally adequate by the Office of the Attorney General, and (b) except when the bonds are to be privately placed, the financial condition of the entity obligated to pay the bonds shall have been reviewed and found satisfactory by the State Auditor or his designee.

19-102.04. Notice of Approval.

When Board approval of any petition has been granted, the Board Secretary shall advise the governing body or its agent promptly and shall certify copies of the Board resolution evidencing such approval.

19-102.05. Publication of Public Notice of Approval.

The governing body or its agent shall bear responsibility for the publication of the public notice of the Board's approval of a petition required by law. A certified copy of the published notice must be filed promptly with the Board Secretary.

19-103. Regulations on Allocation of State Ceiling on Issuance of Private Activity Bonds.

19-103.01. Calculation and Certification of State Ceiling.

The State Ceiling, as established in the Deficit Reduction Act of 1984 (the Act), shall be calculated by the Secretary of the Budget and Control Board based upon the provisions of the Act and certified to by him as soon as practicable after the estimates of the population of the State of South Carolina are published by the Bureau of the Census and in no event later than February 1 of each calendar year; provided, that he shall calculate and certify the State Ceiling for the calendar year 1984 no later than fifteen (15) days following the issuance of these regulations.

19-103.02. Allocation of Bond Limit Amounts.

(a) The private activity bond limit amounts for all issuing authorities will be allocated by the Budget and Control Board in response to Authorized Requests (as described in Reg. 19-103.04 below) by such issuing authorities.

(b) The aggregate private activity bond limit amount for all South Carolina State government agencies and for all other South Carolina general purpose governmental units is allocated initially to the State for further allocation within the limits prescribed herein.

(c) Except as is provided in Reg. 19-103.05 hereof, all allocations from the Local Pool or from the State Agency and Exempt Facilities Pool (described in Reg. 19-103.03 below) by the Budget and Control Board will be made on a first-come, first-served basis, to be determined by the date and time sequence in which complete Authorized Requests are received by the Board's Secretary.

19-103.03. Private Activity Bond Limits.

(a) The private activity bond limit for all agencies of the State of South Carolina now or hereafter authorized to issue private activity bonds as defined in the Act and for issuing authorities other than State Government agencies for issues of such bonds for "exempt facilities" (which term, as used herein, shall mean facilities described in Section 103(b)(4) of the Internal Revenue Code of 1954, as amended, including, in particular, pollution control facilities) to be known as the "State Agency and Exempt Facilities Pool," shall be forty per cent (40%) of the State Ceiling (1) less any amount reallocated by the Budget and Control Board to the local pool (described in the succeeding paragraph); or (2) plus any amount reallocated by the Board from the local pool.

(b) The private activity bond limit for all issuing authorities within the State of South Carolina other than State Government agencies described in the preceding paragraph now or hereafter authorized to issue private activity bonds as defined in the Act, excluding issues of such bonds for "exempt facilities" by such issuing authorities, to be known as the "Local Pool," shall be sixty per cent (60%) of the State Ceiling (1) plus any amount reallocated by the Budget and Control Board from the State Agency and Exempt Facilities Pool; or (2) less any amount reallocated by the Board to the State Agency and Exempt Facilities Pool.

(c) The Budget and Control Board with review and comment by the Joint Bond Review Committee may at any time it determines that either the basic Local Pool or the basic State Agency and Exempt Facilities Pool is exhausted reallocate any unused amounts from one pool to the other.

19-103.04. Authorized Requests for an Allocation.

(a) For purposes of Reg. 19-103.02, an Authorized Request shall mean, for any bonds issued by issuing authorities other than State Agencies, a request contained in a petition to the Budget and Control Board that a portion of the State Ceiling be allocated to the bonds for which the petition has been filed, accompanied by a copy of the Inducement Contract, Inducement Resolution, or comparable preliminary approval on such bonds entered into by such issuing authority. A copy of such Authorized Request shall be forwarded promptly by the Budget and Control Board to the Joint Bond Review Committee for information.

(b) For private activity bonds proposed for issuance by any State Agency, an Authorized Request shall mean a petition filed with the Budget and Control Board not sooner than the adoption of a bond ordinance or bond resolution authorizing the issuance of such bonds. A copy of such Authorized Request shall be forwarded promptly by the Budget and Control Board to the Joint Bond Review Committee for information.

(c) Each Authorized Request must demonstrate that the allocation amount requested constitutes all of the private activity bond financing contemplated at the time for the project and any other facilities located at or used as a part of an integrated operation with the project.

19-103.05. Limitation on Board Allocations in Response to Authorized Requests.

The Budget and Control Board with review and comment by the Joint Bond Review Committee may disapprove, reduce or defer any Authorized Request. In the event it becomes necessary to exercise this authority due to lack of funds in either Pool, the Board and the Committee shall take into account the public interest in promoting economic growth and job creation.

19-103.06. Filing of Certificate.

(a) Prior to the issuance of any private activity Bond for which a portion of the State Ceiling has been allocated by the Budget and Control Board pursuant to Regs. 19-103.01 through 19-103.05 hereof, the chairman or other official of the issuing authority shall certify to the Secretary of the Budget and Control Board the exact amount of Bonds being issued. A copy of the Internal Revenue Service Form 8038 on the Bond issue being certified filed or to be filed with the Internal Revenue Service may be used to meet this certification requirement.

(b) In response, the Secretary of the Budget and Control Board shall determine that such Bonds when issued and combined with the total amount of such Bonds certified to the Board Secretary by issuing authorities as having been issued or to be issued previously in the calendar year will not exceed the State Ceiling and, if so, the Secretary shall certify in writing to that effect to such officer. Except under extraordinary circumstances, the Secretary will make such determination and execute such certificate within two (2) business days following the date he received the bond issue amount certificate of the issuing authority.

(c) The failure by any issuing authority to file the bond issue amount certificate shall cancel the allocation.

19-103.07. Lapse of Filing.

Whenever any filing as provided in Reg. 19-103.06 hereof precedes the date of issue of the Bonds by more than ten (10) business days, such filing shall be void and a new filing shall be required prior to the issuance of the bonds.

19-103.08. Time Limits of Allocations.

(a) Any allocation of the State Ceiling approved by the Budget and Control Board before October 1 shall be valid only for the calendar year in which it was approved, unless specified to the contrary in the Board Secretary's allocation certification required by Reg. 19-103.06 hereof.

(b) Board approval of allocations on and after October 1 must specify the calendar year in which the allocation is valid and this information must be indicated in the certificate of the Board's Secretary.

(c) Unless specified to the contrary, each allocation shall expire automatically if the bonds for which such allocation has been approved are not issued within ninety (90) days following the approval by the Budget and Control Board; provided that the entity which filed the Authorized Request must advise the Board's Secretary of the status of the issuance within sixty (60) days and again within seventy-five (75) days from the Board's approval if the Internal Revenue Service Form 8038 has not been filed before those points in time.

19-103.09. Termination of This Regulation.

These Regulations shall be of no force and effect upon the earlier of the recision by Congress or declaration of unconstitutionality of Section 621 of the Act, or any portion thereof, by the U.S. Supreme Court.

19-103.10. Future Changes and Evaluation of Regulations.

(a) Prior to January 1, 1986, the Joint Bond Review Committee will conduct a review and evaluation of these Regulations.

19-104. Approval Procedure for City, County and Regional Housing Authority Bond Issues for Multifamily Housing Projects.

19-104.01. Securing Approval; Documents Required.

To secure approval of the issue and sale of bonds or notes (hereafter bonds) by a city, county or regional housing authority (hereafter local housing authority) to finance multifamily housing projects, as provided in Act 369 of 1986, the following must be submitted to the Budget and Control Board (Board):

A. An executed original and a copy of the petition of the local housing authority governing body describing a proposed project, requesting Board approval of the issue and sale of a specified amount of bonds to finance the project and, including, if appropriate, a request for an allocation of a portion of the State Ceiling to the bonds and the project;

B. Two executed copies of the resolution or ordinance of the local housing authority governing body authorizing the petition to the Board;

C. Two sets of the documents providing for the issuance and securing of the bonds or drafts thereof in substantially final form;

D. Two sets of audited financial statements of the entity obligated to pay the bonds covering at least the three prior fiscal years except that, in any case where the bonds are to be sold privately, a representation from the person or institution purchasing the bonds that satisfactory financial information has been provided by that entity and that the bonds are being purchased for investment rather than resale purposes may be submitted in lieu of audited financial statements;

E. The original of a resolution approving the bond issue proposed by the local housing authority governing body for adoption by the Board and copies of that resolution to be certified by the Board Secretary;

F. Two copies of statements disclosing:

(1) the results of any market study or other analysis of the multifamily housing needs in the proposed project area which was the basis upon which a determination was made by the local housing authority to issue the bonds to finance the project together with a complete description of the project;

(2) the principal amount of the bonds proposed to be issued;

(3) the purpose or purposes for which the proceeds of such bonds are to be expended;

(4) the maturity schedule of the bonds proposed to be issued;

(5) the rate of interest expected on the bonds proposed to be issued;

(6) a schedule showing (a) the annual debt service requirements of all outstanding bonds of the local housing authority proposing the bonds; (b) the annual debt service requirements of the proposed bonds; and (c) the aggregate annual debt service requirements of the outstanding and proposed bonds;

(7) a schedule showing the amount and source of revenues available annually for the payment of the annual debt service requirements established by the schedule required by (6), above;

(8) the method to be employed in selling the proposed bonds;

(9) evidence of compliance with applicable provisions of State and federal law prior to the issuance of the bonds;

(10) evidence that the project or projects financed by the bonds will be managed and operated in compliance with applicable provisions of State and federal law including, in those instances determined by the Board, subjecting the project to restrictive covenants to ensure such compliance;

(11) evidence that each bond financing proposed is structured to protect the interests of prospective bondholders and the local housing authority by meeting the following requirements, as a minimum:

(a) With respect to bonds to be offered at public sale:

(1) the issue must be rated no less than "investment grade" by one of the national rating agencies; and

(2) in addition, one or more of the following conditions must be met:

(aa) There must be in effect for the bonds to be issued a federal program which provides assistance in the payment of the principal and interest when due to bondholders.

(bb) The lendable proceeds of the bond sale must be used to acquire either federally-insured mortgages or mortgages insured by a private mortgage insurance company authorized to do business in South Carolina.

(cc) The payment of principal and interest when due to bond purchasers and bondholders must be insured by the maintenance of adequate reserves or by insurance or by a guaranty by a responsible entity.

(b) With respect to bonds sold or placed as "Mortgage bonds sold as a unit" or in "Transactions with banks, institutional buyers, etc . . .", as provided in Code Section 35-1-320, the documents pursuant to which bonds are issued must permit the local housing authority to avoid any default by it by completing an assignment of or foregoing its rights with respect to any collateral or security pledged to secure the bonds.

(c) With respect to any bonds offered for sale upon the representation that the interest paid thereon by the issuer is exempt from federal income taxation, the documents pursuant to which bonds are issued must require the mandatory redemption of the bonds at par value if the interest paid thereon is determined to be subject to federal income taxation.

(12) evidence that every official statement, preliminary official statement, and any other document used in the sale of any bond issued by a local housing authority includes the following disclaimer:

No representation is made by or on behalf of the State of South Carolina or the State Budget and Control Board as to the creditworthiness of the securities hereby offered. Neither the State of South Carolina nor any of its agencies is obligated for the payment of any principal or interest due or to become due on the securities hereby offered for sale.

(13) the local housing authority's agreement that the management agent for any project approved by the Budget and Control Board must also be approved by the Board.

19-104.02. Review by Office of the Attorney General, by Office of State Auditor and by Office of Executive Director.

Before the Board will grant final approval in whole or in part to a petition by the governing body of a local housing authority to issue bonds,

A. the petition, the resolution or ordinance, the documents providing for the issuance and securing of the bonds, and the proposed Board resolution must have been reviewed and found legally adequate by the Office of the Attorney General;

B. the financial statements of the entity obligated to pay the bonds (which are considered part of the Auditor's working papers) must have been reviewed and the financial condition of the entity must have been found to be such that the Office of State Auditor found no reason for the Board to disapprove the petition and the Board must have determined, upon the advice of the Office of State Auditor, that the funds estimated to be available for the repayment of the local housing authority's bonds, including the proposed bonds, will be sufficient to provide for the payment of the principal and interest on the local housing authority's bonds to be outstanding as they become due; and

C. the statements required to be submitted to the Board as described in 19-104.01. F., above; the documents providing for the issuance and securing of the bonds; and the results of the reviews required in 19-104.02. A. and 19-104.02. B., above, must have been reviewed by staff of the Board's Office of Executive Director and, on the basis of this review, staff of the Board's Office of Executive Director must have recommended to the Board that it (1) approve the petition; (2) approve the petition with conditions; or (3) disapprove the petition.

19-104.03. Notice; Submission of Documents; Consideration By Board.

The governing body of the local housing authority or its agent must notify the Board Secretary not less than six (6) days prior to the Board meeting it proposes that a particular petition be acted upon and that governing body must submit to the Board Secretary at that time all of the documents required. If the reviews required in 19-104.02, above, are not completed prior to the Board meeting at which a petition is scheduled to be considered, the Board at that meeting may grant approval on the condition that the required reviews are completed with results which recommend approval of the petition, as determined by the Board Secretary, within not more than thirty (30) days of the date of the Board meeting at which the petition was scheduled for consideration, except in extraordinary cases. If any of the required reviews result in a recommendation that the petition be approved by the Board with conditions or that it be disapproved, the Board Secretary must include that petition on the agenda of the next regular meeting of the Board for its consideration and final decision.

19-104.04. Review and Report by Local Authorities.

After Board approval of a local housing authority petition, the local housing authority involved must periodically review and report to the Board on the operation of projects approved by the Board to ensure their compliance with State and federal law. As a means of guiding its project monitoring activities, the Board will issue a manual which is consistent with these regulations which outlines the procedures to be followed by local housing authorities in reporting on the operation of projects approved by the Board for distribution to local housing authorities and other interested parties. The manual must be approved by the Board for distribution not more than ninety (90) days after the approval of these regulations by the General Assembly. As a part of its on-going involvement with local housing authorities, the Board annually must provide to any local housing authority which has issued bonds approved by the Board a schedule showing maximum allowable income adjusted for family size which must be used to determine eligibility of prospective tenants for the purpose of ensuring compliance with federal and State law.

(Statutory Authority: 1976 Code Section 23-47-30)

19-200. Definitions.

Terms that have been defined in the Act shall have the same definitions when utilized in these regulations. Additional definitions are as follows:

A. "Government entity" means a political subdivision of the State having responsibility for public safety, specifically, a county, municipality, or similar governmental unit.

B. "Telephone service supplier" means "service supplier" as defined in the Act.

C. "Planned coverage area" or "PCA" means the well-defined geographical area from which the planned 9-1-1 system will directly accept and process 9-1-1 calls.

19-201. Application to be Made.

Government entities seeking approval to implement 9-1-1 systems must make application to the Division Director, Division of Information Resource Management (DIRM), Suite 930-AT&T Building, 1201 Main Street, Columbia, South Carolina, 29201.

19-202. Preliminary Review and Approval.

The Act requires a government entity that seeks funding for a 9-1-1 system to submit to DIRM a system plan for review and approval. It is recognized that much of the information needed to properly document the proposed 9-1-1 system may not be available in the beginning stages of the planning process, at which time, up to 30 months prior to system implementation, certain levels of funding may be required, as provided for in the Act. For this reason DIRM may grant preliminary approval based on information and estimates available at the beginning of the planning cycle. Such preliminary approval shall allow funding mechanisms to be activated so not to unduly hamper system development. The remaining items of information detailed below will be required as they become available, and a complete and final plan must be submitted and approved prior to 9-1-1 system implementation. The following items of information will suffice to allow an initial review of a 9-1-1 system plan. Corresponding actual, final, and complete information must replace all estimated, partial, and incomplete information prior to 9-1-1 system implementation.

A. A document outlining and describing proposed agreements, understandings, duties and obligations, and activities associated with the intended contractual relationship between the government entity making application and telephone service supplier(s) whose equipment, facilities, and services will be required for system implementation and operation. This document must contain information specified in items 203 H(1) through 203 H(6) below; and

B. A determination, with justification, of the type of 9-1-1 system planned, as Enhanced 9-1-1 (E911) or Basic 9-1-1, as specified in subsection 203 A below, and a statement of responsibility, as specified in subsection 203 B below; and

C. A listing of all public safety agents and other service providers, as specified in subsection 203 D below; and

D. A preliminary system description based on estimates of information specified in items 203 I(1) through 203 I(4) below; and

E. A description of the existing public telephone system within the PCA, as specified in item 203 I(5) below; and

F. A mapping and addressing plan covering the entire PCA, as specified in subsection 203 J below; and

G. A plan for public instruction in 9-1-1 capabilities and usage, as specified in subsection 203 L below; and

H. A preliminary budget plan containing estimates of cost and revenue figures specified in subsection 203 O below.

19-203. Information Requirements for Final Application.

Final applications must address, affirm compliance with, and furnish information in accordance with each section and subsection below, explicitly, completely, and in the order given, to allow for a speedy and accurate review. It is recognized that much of the information requested below will be included in other primary documents. It is not necessary to transcribe such material into the prescribed order or format, but, instead, a cross-reference guide must be provided, arranged in the required order, to provide exact reference for quick and straightforward access to the needed information. Copies of all referenced primary documents must be furnished with the application, and all referenced locations must contain sufficiently complete and explicit information.

A. Government entities planning to make available 9-1-1 services are encouraged to implement Enhanced 9-1-1 (E911) systems. However, where an E911 system is determined to be prohibitively costly or otherwise not feasible, and Basic 9-1-1 service can be shown to be reasonably adequate to the public's needs and safety, a Basic 9-1-1 system may be proposed. A Basic 9-1-1 system may be proposed as a temporary measure during development and pending implementation of full E911 capabilities. Applications must clearly identify the type of system proposed and contain sufficient explanatory information to justify such determination. In the event a Basic 9-1-1 system is proposed as a temporary measure, the application must indicate a proposed schedule or timetable for ultimate Enhanced 9-1-1 implementation.

B. Applications must include a statement of responsibility by which the government entity making application is identified and assumes responsibility for all matters and consequences relating to the implementation and operation of the planned 9-1-1 system, subject to limitations of legal liability specified in the Act. Applications must include name, title, address, and telephone number of the 9-1-1 project coordinator. In the case of planned regional systems, involving two or more distinct, coordinate government entities, a single statement of responsibility must delineate and make explicit respective administrative, operational, and fiscal functions and responsibilities by which the participating government entities will jointly undertake the planned 9-1-1 system as a whole.

C. Services made available through 9-1-1 must include all law enforcement, fire protection, emergency rescue, and EMS services in the PCA. Other emergency services may be included for potential 9-1-1 access; such services must be identified and described in the application. A 9-1-1 system must include in its PCA all of the territory of the government entity making application. A regional system must include in its PCA all of the territories of each of the separate government entities jointly making application. Applications must identify all 9-1-1 systems, basic and enhanced, operational and under development, that have coverage areas in common with the PCA.

D. Applications must include a listing of all public safety agents and other service providers accessible through the planned 9-1-1 system. Location, address, name of contact person, and telephone number(s) must be provided for each listed agent and service.

E. Applications must contain letters of understanding between the government entity making application and each public safety agent and other emergency service provider not falling under the direct administrative or operational control of the entity making application, defining a standard mutual operational relationship, and a joint acceptance and specific assignment of duties and responsibilities associated with 9-1-1 system operation. Where multiple public safety agents and/or other planned 9-1-1 accessible services have concurrent or overlapping jurisdictions within the PCA, a clear understanding of which specific calls for assistance will be referred to individual public safety agents and other services must be evidenced.

F. Applications must include written guidelines and procedures, based on internal policies and procedures of the government entity making application, or based on the above understandings with other public safety agents and emergency service providers, that will govern appropriate assignment of calls for assistance by/from each proposed 9-1-1 Public Safety Answering Point (PSAP) to the various public safety agents and other emergency services able to respond to such calls. Certain such agents and services may be physically located outside the PCA: each such instance must be noted, and corresponding 9-1-1 call assignment patterns must be shown to coordinate with assignment patterns in adjacent jurisdictions in a manner not unduly affecting emergency responsiveness in those jurisdictions.

G. The proposed 9-1-1 system, to include all planned services and coverage/response areas and patterns, must be coordinated with services and coverage/response areas and patterns associated with all adjacent 9-1-1 systems and their respective PCA's, and all other adjacent public safety jurisdictions and activities. Application must identify and verify all points of such required coordination.

H. Applications must contain letters of understanding between the government entity making application and the telephone service supplier, or local exchange carrier, whose equipment, facilities, and/or services will be employed to support planned 9-1-1 service and/or from whose subscriber billing supporting revenues will be derived. Such agreement(s) must affirm details of compliance with the Act. Such agreement(s) must assign and make clear all respective roles, duties, and functions pertaining to proper 9-1-1 system planning, development, implementation, and operation. Such agreement(s) must specifically:

(1) Present a master schedule, or "system time line", detailing the schedule and sequencing of all major and/or critical events associated with 9-1-1 system planning, development, implementation, and operation; and

(2) Detail and schedule the particulars of street address data base creation, data element and data format standardization, data coordination, and periodic data base reconciliation and rectification, to ensure proper ANI-ALI correspondence and optimal 9-1-1 system responsiveness and efficiency; and

(3) Cite and present the text of the ordinance to be adopted, imposing a monthly 9-1-1 charge upon each local exchange access facility subscriber, and indicate the amount of the uniform monthly 9-1-1 charge imposed or to be imposed initially; and

(4) Describe billing procedures and detail the schedule and mechanism for transfer of funds from telephone service supplier(s), or LEC(s), to the government entity responsible for 9-1-1 system implementation and operation; and

(5) Affirm the creation of an Emergency Telephone System Fund, as specified in the Act, specifying the use of that fund solely to defray costs associated with those items allowed in the Act, to include all telephone service suppliers' allowed charges for equipment, facilities, and services in support of the planned 9-1-1 system; and excluding those items disallowed in the Act; and

(6) Specify a mechanism for annual review and adjustment of the uniform monthly telephone subscriber charge for 9-1-1 service, so to maintain a minimal Emergency Telephone System Fund balance necessary for continuing proper support of 9-1-1 services.

I. Applications must include a comprehensive description of the planned 9-1-1 system, showing:

(1) Configuration of the planned 9-1-1 system, to include number, locations, and descriptions of PSAP's; types and quantities of equipment, and communications facilities and services to be employed initially upon implementation, and projected over the three year period following implementation; initial and projected system capacities; initial and projected reserve capacities expressed as percentages of total available capacities; and

(2) Description of real property and construction and renovation of physical structures necessary to accommodate PSAP(s) and all other facilities, to include provisions for environmental conditioning (HVAC), emergency power, and security; and

(3) Maintenance and system support resources and services necessary to ensure continuing system availability and optimal functioning; and

(4) Personnel resources and organizational structure necessary to manage, operate, and maintain the planned system, initially, and projected over the three (3) year period following implementation; and

(5) Description of the existing public telephone system within the PCA, to include: map identifying and showing extent of all telephone exchanges (prefixes) serving territory in common with the PCA; names and locations of telephone central offices (wire centers) serving those exchanges; identities of owning telephone companies; types of central office switching equipment, and counts of telephone subscribers served (capable of 9-1-1 access): counts of total access and billed lines within each telephone exchange listed; and

(6) Plans for disaster recovery and for continuing system availability and functioning during and following disaster/emergency situations, such plans to include records of federal Telecommunications Service Priority (TSP) System protection applied for, if any.

J. No Enhanced 9-1-1 system may be implemented until such time as at least eighty-five percent (85%) of all residents in the PCA have been assigned a standard street address. Applications for E911 systems must include a mapping/addressing plan and schedule verifying:

(1) That the 85% addressing requirement will be met prior to system implementation; and

(2) That duplicate addresses will be eliminated through readdressing, or, in cases where readdressing is considered not to be feasible, that any two or more distinct residences or locations within the PCA and adjacent coordination areas having the same address will be mapped for 9-1-1 response in a manner that ensures proper identification; and

(3) That planning and street naming and numbering conventions will prevent occurrence of future duplicate addressing.

K. The mapping/addressing plan must state long-term mapping/addressing policy and goals that will ensure the greatest practical extent of 9-1-1 coverage to residences and other locations throughout the PCA. The plan must indicate policy to apply to non-addressed locations, specifically as required by the Act, as concerning residents who do not have a standardized address provided by the local government.

L. Applications must include a plan for public instruction in 9-1-1 capabilities and usage. The plan must address the following instructional goals:

(1) Public awareness of what constitutes an emergency and a nonemergency.

(2) Public awareness of the availability of 9-1-1 service for emergencies.

(3) Promotion of general use of "911" rather than a 7-digit number for emergency calls.

(4) Public awareness of the requirements of the Act for conspicuous display of street numbers at residences.

M. 9-1-1 systems for which application is made must conform to the following requirements and incorporate the following features and capabilities, except that only those features and capabilities not specifically associated with E911 systems shall be required of proposed Basic 9-1-1 systems. Specific technical capabilities generally associated with those features indicated below shall be required to the extent such capabilities are technically and economically feasible and supportable within the respective telephone system infrastructure, to include cellular system infrastructure. Applications must note and justify such exceptions. Applications must identify all facilities, features, and capabilities that are to be furnished by or through a telephone service supplier.

(1) Continuous staffing and operation (24 hours a day, 7 days a week)

(2) Automatic Number Identification (ANI)-automatically displays at the PSAP the telephone number of 9-1-1 caller's telephone.

(3) Automatic Location Identification (ALI)-automatically displays at the PSAP the address of the 9-1-1 caller's telephone, to include coin or pay telephone locations.

(4) Central Office Identification-allows the identity of the 9-1-1 call-receiving central office to be determined (where a single PSAP may receive 9-1-1 calls from more than one telephone central office).

(5) Call Detail Recording-provides an electronic (e. g., magnetic tape) and printed record for each 9-1-1 call showing the caller's telephone number, the time the call was initiated, the time the call was answered, the time the call was transferred (if appropriate), the time the call was disconnected, trunk line identification, and identification of the call answerer's position or console.

(6) Electronic recording of all 9-1-1 calls; retention of all call recordings for a minimum of sixty days following the date of the call. Immediate playback capability for all 9-1-1 call recordings.

(7) A minimum of two trunk lines connecting each serving telephone central office to the E911 tandem (controlling central office), and a minimum of two trunk lines connecting the E911 tandem to the PSAP. In all cases sufficient lines, facilities, equipment, and staffing must remain continuously in service to ensure no more than one busy signal per one hundred 9-1-1 calls during normal operation, and capability to answer at least 80 percent of all 9-1-1 calls within ten seconds during normal operation.

(8) Sufficient telephone lines, facilities, and equipment to allow immediate telephone contact between the PSAP and each law enforcement, fire protection, emergency rescue, EMS, and other service location/activity designated to receive calls for assistance through the planned system.

(9) At least one telecommunications device for the deaf (TDD) available at each PSAP at all times.

(10) At least one local telephone line in addition to 9-1-1 access line(s). This nonemergency telephone number must be published as such immediately following the "emergency dial 911" listing.

(11) Sufficient standby emergency power to operate each PSAP during power failures of unlimited duration. This requirement may relaxed if provision is made to transfer functions of each PSAP to an alternate site.

(12) Adequate physical security to minimize the possibility of disruption of services through intentional acts, negligence, or Acts of God; adequate equipment security features to prevent unauthorized or improper use of equipment or communications facilities; adequate security features to prevent casual and inappropriate access to data base information.

(13) Means of identifying 9-1-1 calls for highest answering priority; both audible and visual (light) indicators of incoming 9-1-1 calls.

(14) Capability to route directly and receive any cellular telephone-originated 9-1-1 call placed from any location in the corresponding cellular system's coverage area within the PCA.

(15) Coin-free dialing-9-1-1 calls must be allowed without charge from all public coin or pay telephones in the PCA.

(16) Forced Disconnect-allows the PSAP to clear a 9-1-1 line when the calling party does not, or cannot, hang up.

(17) Disconnect Tone-distinctive tone indicating that the 9-1-1 caller has disconnected.

(18) Selective Routing-automatically routes all 9-1-1 calls originating in a specific geographical area to the PSAP serving that area, irrespective of political or telephone wire center boundary alignments within the PCA.

(19) Default Routing-automatically routes a 9-1-1 call to a predesignated alternate PSAP or answering point when the 9-1-1 call cannot be selectively routed due to ANI failure or other cause.

(20) Alternate Routing-provides backup for a PSAP by routing 9-1-1 calls to predesignated alternate PSAP or answering point when all lines to the primary PSAP are busy or when the primary PSAP is out of service.

(21) Selective Transfer-capability to transfer a 9-1-1 call directly, by means of one or two keystrokes, to a different PSAP to allow proper responsiveness to calls more appropriately handled by that PSAP.

(22) Contingency plans and capability to directly reroute some, or all, 9-1-1 calls from any receiving PSAP to adjacent PSAP's in the event of incoming 9-1-1 call overload or PSAP functional degradation due to equipment failure or other causes.

(23) Contingency plans and capability to relocate any PSAP as situations may warrant. Such relocation must not significantly impair overall 9-1-1 call processing capability.

N. Applications must include detailed, written operational procedures for each PSAP, governing invocation and usage of capabilities and features listed in subsection M above, in addition to specifying all 9-1-1 call processing procedures and other PSAP activities necessary and appropriate for proper PSAP functioning over a comprehensive range of usual and unusual situations and circumstances.

O. Applications must include a detailed budget plan scheduling all anticipated revenues and expenses associated with the following items. Each budget item must show two components: [1] that part to be funded through telephone subscriber fee revenues, and [2] that part to be funded through other sources, such other sources to be identified. The budget plan must detail all expense items to be recovered wholly or in part through telephone subscriber fee revenues, and make explicit and detail this revenue schedule and recovery mechanism.

(1) Mapping and addressing activities preliminary to 9-1-1 system implementation.

(2) Other pre-implementation activities.

(3) Acquisition, construction, renovation, and readying of physical facilities.

(4) Acquisition, installation, and preliminary testing of equipment, by item, and communications facilities and circuits.

(5) Estimated initial and projected recurring costs and charges associated with telephone service supplier furnished equipment, communications facilities and circuits, and services.

(6) Estimated initial and projected personnel costs with associated full-time-equivalent (FTE) figures.

(7) Estimated training costs, itemized by source of training.

(8) Estimated initial and projected recurring costs for ongoing PSAP operation, other than personnel costs.

(9) All other projected recurring and ongoing operational expenses, detailed, to include maintenance expenses.

(10) All other costs, detailed, e.g. debt service, legal expenses, consultants fees, other miscellaneous expenses.

P. The budget plan must make explicit all planned indebtedness and debt retirement schedules.

Q. The budget plan must explicitly make provision for and schedule an annual budget reconciliation, or "true-up", in which, to allow for periodic rate adjustment, revenues received by the responsible government entity through telephone subscriber fees are reconciled with actual allowed operating expenses and other allowed expenses, to include all costs and charges pertaining to telephone service supplier supplied facilities and services. Such reconciliation may provide for carryover of Emergency Telephone System Fund surpluses to accommodate identified long-term needs. Such reconciliation may be accomplished in conjunction with the annual audit required in the Act.

19-204. Commercial Mobile Radio System Surcharge.

Commercial Mobile Radio System (CMRS) providers shall collect monthly CMRS Emergency 911 surcharges from each of their subscribers with a South Carolina area code, in the amount of the average of the telephone (local exchange access facility or wire line) emergency 911 surcharges collected in South Carolina's counties, as annually calculated by the CMRS Emergency Telephone Service Advisory Committee and approved by the Budget and Control Board.

The CMRS providers shall submit these collected surcharges, less two (2%) percent, if they choose, with an accounting thereof, under oath, in a form prescribed by the Department of Revenue, to the Department, on or before the twentieth day of the second month succeeding each monthly collection.

Statutory Authority: 1976 Code Chapter 9 of Title 23 and Chapter 43 of Title 39

19-300 to 19-312. Repealed by State Register Volume 23, Issue No. 6, eff June 25, 1999.

19-300 to 19-312. Repealed by State Register Volume 23, Issue No. 6, eff June 25, 1999.

(Statutory Authority: 1976 Code Sections 10-5-210 through 10-5-320)

19-400. South Carolina Barrier Free Building Design Standard.

(Statutory Authority: 1976 Code Sections 40-1-40, and 10-5-220, et seq.)

19-400.1. Authority.

(A) With the exception of one and two family detached dwellings and other residential buildings to be offered for sale as individual dwelling units, every building or structure shall have all levels and areas made accessible to disabled persons in accordance with the latest edition of the American National Standards Institute, Inc. (ANSI) document A117.1, and the requirements of this section.

(B) Buildings containing dwelling units that are to be offered for rent, such as apartments, hotels, dormitories, etc., shall provide the following number of fully accessible units.

Total Number of Units Number of Accessible Units

0 thru 19 1

20 or more 5%

Fractions of 1/2 or more shall be counted as a

whole unit

19-400.2. Application.

(A) There shall be no construction, alteration or leasing of a government building nor construction or renovation of a public building except in conformity with these Regulations. If the occupancy as defined in the Building Code of an existing building is changed, that building shall be made to conform to the requirements of these Regulations for the new occupancy. If the occupancy of a portion of an existing building is changed, then only such portion which is changed shall comply.

19-400.3. Administration.

(A) Interpretation--Interpretation of these Regulations and provisions herein shall be the responsibility of the local building officials, in consultation with the appropriate State Officials where necessary. However, request for interpretation may be forwarded to the Accessibility Committee for the South Carolina Building Codes Council for resolution.

(B) Enforcement--The enforcement of these Regulations including investigations shall be the responsibility of the Building Official of each county or municipality within the state. If the county or the municipality does not have a Building Official, the South Carolina Building Codes Council shall enforce these Regulations.

(C) Conflicts--Where a conflict exists between these Regulations and Section 10-5-210 through 10-5-320 of the Code of Laws of South Carolina, 1976, as amended, these Regulations shall be superseded and governed by the applicable code section. Where there is conflict between these Regulations and local and municipal ordinances, these Regulations govern and shall be followed.

(D) All meetings and conferences, of an agency of this State, in which participation by the public is invited or anticipated, must be held in a place and manner that is accessible to persons with disabilities, unless there are compelling reasons why specific elements of accessibility cannot be provided. In such instances where specific elements of accessibility cannot be provided, the meeting or conference areas shall be as accessible as reasonably possible.

19-405. State Board of Pyrotechnic Safety.

(Statutory Authority: 1976 Code Section 40-56-20)

19-405.1. Applicability of Regulations.

Pursuant to legislation enacted in the State of South Carolina relating to the manufacture, storage, sale and possession of fireworks, the Rules and Regulations set forth herein are adopted by the State Board of Pyrotechnic Safety who directs compliance therewith by any person who shall manufacture, store, sell or possess fireworks in the State of South Carolina.

19-405.2. Definitions.

For the purpose of these Rules and Regulations, the following terms are defined as meaning:

A. Board--The State Board of Pyrotechnic Safety.

B. Division--The Office of General Services of the State Budget and Control Board.

C. Pyrotechnics--The art of making or the manufacture and use of fireworks.

19-405.3. Scope of Jobbers, Retailers and Wholesale Distributors.

A. Jobber

A Jobber may sell fireworks to retailers only. A Jobber must purchase fireworks from a wholesale distributor licensed to do business in South Carolina.

B. Retailer

A Retailer may sell fireworks to the general public, except as provided in Regulation 405.6 (H). A Retailer must purchase fireworks from a jobber or wholesale distributor licensed in South Carolina.

C. Wholesale Distributor

A Wholesale Distributor may sell fireworks to licensed jobbers and/or retailers, supply Class "B" Displays and/or import foreign and/or domestic fireworks.

19-405.4. Enforcement.

The enforcement of these Rules and Regulations and the responsibility thereof is as follows:

A. The General Services Division of the State Budget and Control Board shall supervise the enforcement of the laws and regulations of the State Board of Pyrotechnic Safety and shall employ and supervise personnel necessary to carry out the duties of this Board.

B. The Agent in Charge of the Pyrotechnic Enforcement Section, his Agents, Municipal Fire Chiefs and their Inspectors, Sheriffs, Deputy Sheriffs, City and County Chiefs of Police, their Officers and/or SLED Officers shall have authority to inspect any building where pyrotechnic material (fireworks) may be stored or sold to see that the laws of the State are enforced.

C. Upon determining violations of the law, any official named in this section, having the authority, shall contact the Agent in Charge of the Pyrotechnic Enforcement Section, who may either confiscate or direct the agent to confiscate any fireworks or fireworks in a facility not being in compliance with the laws of the State.

19-405.5. Facilities for Retail Sale of Pyrotechnics.

A. Fireworks Stands:

1. This facility consists of a temporary structure and shall be located in such a manner as to make it immobile and to prevent it from shifting or blowing over. Tie down devices shall be affixed and wheels shall be removed.

2. Any such structure, if attached, adjacent or within thirty (30) feet of any other structure must provide a minimum of two-hour fire separation.

3. The structure shall be tied down in the following manner: Definitions:

a. Diagonal Tie--Any tiedown designed to resist horizontal or sheer forces and which deviates not less than thirty (30) degrees from a vertical direction.

b. Ground Anchor--Any device designed for the purpose of securing a temporary structure to the ground.

c. Hurricane Zone--The first two (2) tiers of coastal counties.

d. Tiedown--Any device designed for the purpose of anchoring a temporary structure to ground anchors.

Tiedown Spacing and Sizes:

Over the top tiedowns shall be positioned at stud and rafter locations near each end of the temporary structure. Others, if needed, may be positioned between them. Whenever feasible, over the top tiedowns and diagonal ties directly beneath them may use the same ground anchors. Cable or strapping, or other approved methods or materials shall be used for ties. All ties shall be fastened to ground anchors and drawn tight with turn buckles, yoke-type fasteners or other such tensioning devices listed with the ground anchor. Cable shall be either seven thirty-seconds ( 7/32 ) of an inch in diameter or greater (7 × 7) steel cable, or one quarter ( 1/4 ) inch diameter or greater (7 × 19) aircraft cable. All cable ends shall be secured with at least two (2) U-bolt cable clamps. The material shall be capable of resisting an allowable working load of three thousand, one hundred fifty (3,150) pounds with no more than two (2) percent elongation and shall withstand a fifty (50) percent overload (4,725 pounds total). Tiedowns exposed to weathering shall be resistant to deterioration at least equivalent to that provided by a coating of zinc on steel of not less than thirty-hundredths (0.30) ounces per square foot of surface coated. Note: Type 1, Class B, Grade 1 steel strapping 1 1/4 inches wide and 0.035 inch thick, conforming with Federal Specification QQ-S-781-F is judged to conform with these requirements. Materials used for ties must terminate with D-ring bolts, or other fastening devices which will not cause distortion of the band or reduce its breaking strength (4,725 pounds). Connection of the cable frame tie to the I-beam (or other shape) main structural frame should be by a five eights ( 5/8 ) inch drop-forged closed eye, bolted through a hole in the center of the I-beam web. A washer or equivalent shall be used so that the beam is sufficiently reinforced around the hole. If steel strap ties are used, care must be exercised to insure that minimum bending radius is adhered to so that the breaking strength of the strap is not reduced. Frame ties shall connect the anchor and the steel I-beam (or other shape) main structural frame member which runs lengthwise under the temporary structure. Frame ties shall never be connected to any steel outrigger beams which fasten to and intersect the main I-beam at right angles. Ground anchors shall be aligned with the centers of all piers. In addition, they must be situated immediately below the outer wall to accommodate over the top ties as well as frame ties. All ground anchors, cables, straps, etc., shall be installed in strict compliance with the manufacturers' recommendations. All temporary structures shall contain the minimum number of ties as specified below:

(a) Hurricane Zone--Up to 14 feet in width;

(b) Non-Hurricane Zone--Up to 14 feet in width;

----------------------------------

LENGTH OF STRUCTURE

----------------------------------

UP TO 40' 41' TO 60' 61' TO 82'

(a) (b) (a) (b) (a) (b)

-----------------------------------------------------------------------------

Diagonal Ties Per side 4 3 6 5 8 6

Over the Roof Ties 2 2 3 3 4 3

Min. Anchors Per Structure 8 6 12 10 16 12

-----------------------------------------------------------------------------

4. Customers shall be prohibited entrance to said facility or access to displayed fireworks.

5. An approved fireworks extinguisher having a minimum classification of 2A or equivalent shall be provided and easily accessible.

6. An independent electrical supply shall be provided for the facility and all electrical, heating and cooling equipment and connections shall be installed so as not to constitute a fire hazard.

7. Smoking shall be prohibited within thirty (30) feet of said facility and shall be strictly enforced by the operator. Sufficient NO SMOKING signs shall be posted in conspicuous locations (front, rear and sides).

8. All fuses shall be taped or covered while on display, to prevent direct exposure of said fuse.

B. Permanent Fireworks Retail Outlets:

This type facility displays and offers for sale fireworks in a permanent location, to include the following:

1. All fireworks displayed in this facility and the cashier must be so situated that NO SMOKING can be controlled within the facility at all times by the cashier.

2. NO SMOKING signs shall be painted on each entrance door at eye level with letters no less than four (4) inches in height. Letters shall be on a contrasting background. (Decals are acceptable.)

3. A fire extinguisher having a minimum classification of 2A or equivalent shall be provided for each 600 square feet of floor space. Extinguishers shall be located throughout the facility and placed at a height easily accessible.

4. NO SMOKING signs with letters no less than four (4) inches in height shall be posted in conspicuous locations, one sign for each 600 square feet of floor space.

5. All exposed fuses shall be taped or covered, while on display, to prevent direct exposure to said fuse.

19-405.6. General Provisions for Sale of Pyrotechnics.

A. These general provisions do not exempt retail fireworks establishments from other Rules and Regulations where applicable.

B. The State Board of Pyrotechnic Safety shall adopt the 1985 Edition of the Standard Building Code with the 1986 and 1987 Amendments including Appendix "P" for the construction of all fireworks facilities.

C. The State Board of Pyrotechnic Safety shall adopt the 1987 Edition of the National Electrical Code for the construction of all fireworks facilities.

D. No fireworks shall be stored, displayed or offered for sale in any area so situated that the rays of the sun shining through glass will be directly on them.

E. All retailers shall store backup stocks of Class "C" Fireworks in the original unbroken DOT containers in which such fireworks were shipped and received.

F. Separation of fireworks storage areas from other areas of the same building shall be not less than one-hour fire rated construction with a separate exit/entrance combination.

G. The operator's, salesman's or handler's conduct or condition shall be as such as not to imperil the public safety, and shall be capable of reading, writing, speaking and understanding the English language.

H. No person under the age of eighteen (18) shall be employed or allowed to participate as a salesman or handler of fireworks and no person under the age of fourteen (14) shall be sold permissible fireworks unless accompanied by a parent.

I. No fireworks shall be permitted to be sold from automobiles, trucks, campers, or any other motor driven vehicle.

J. No flame shall be allowed within thirty (30) feet of any structure housing fireworks for sale.

K. The area surrounding a fireworks facility shall be kept clean of debris, empty boxes, trash or any other materials that would constitute a fire hazard.

L. The Division shall have the authority, to inspect any vehicle or building where fireworks may be stored or sold, to see that the laws of the State are enforced.

M. All disputes arising as a result of these Rules and Regulations shall be referred to the State Board of Pyrotechnic Safety.

1. Any party involved in a dispute arising under these Rules and Regulations may within fifteen (15) days of the occurrence giving rise to such dispute petition the Board, in writing via Certified or Registered Mail, for an appearance before the Board. The petition shall plainly and substantially set forth the details of the occurrence including its time, location and date, and state petitioner's reasoning for request to appear before the Board.

2. The Board shall within twenty (20) days of receipt of a written request for appearance make a determination as to the necessity of the appearance and notify the petitioner, in writing via Certified or Registered Mail, of its decision to grant or deny the appearance, and the reasons therefor.

19-405.7. Wholesale Distributors and Jobbers.

A. All Wholesale Distributors and Jobbers shall store permissible fireworks in their original packaging and in unopened cases or cartons so as to take advantage of the insulation provided by such packaging, provided however, unopened fireworks packages which have been returned by retailers may be temporarily retained in bins for repackaging or resale.

B. A fire extinguisher having a minimum classification of 2A or equivalent shall be provided for each 600 square feet of floor space and so located that accessibility is not hampered.

C. Such areas where fireworks are stored shall have signs posted containing the words, NO SMOKING, in letters not less than four inches in height on a contrasting background. The owner or operator shall strictly enforce NO SMOKING at all times.

D. No open flame type heat shall be allowed and all electrical, heating or cooling equipment and connections shall be installed so as not to constitute a fire hazard.

E. All fireworks storage warehouses, where closer than thirty (30) feet to adjacent buildings shall provide a minimum of two-hour fire separation.

F. No person under the age of eighteen (18) shall be employed or allowed to participate as a salesman or handler of fireworks.

G. The salesman's or handler's conduct or condition of sobriety shall be such as not to imperil the public safety, and this individual shall be capable of reading, speaking and understanding the English language.

H. The Division shall have the authority, to inspect any building or vehicle where fireworks may be sold or stored to see that the laws of the State are enforced.

I. All disputes arising as a result of these rules and regulations shall be referred to the State Board of Pyrotechnic Safety.

19-405.8. Storage of Class "B" Pyrotechnics.

A. Outdoor facilities are to be fire-resistant, weather-resistant and theft-resistant. The ground around outdoor facilities must slope away for drainage or other adequate drainage be provided. When unattended, vehicular facilities must have wheels removed or otherwise be effectively immobilized by locking devices.

B. Outdoor facilities are to be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. Foundations are to be constructed of brick, concrete, cement block, stone or metal or wood posts. If piers or posts are used in lieu of a continuous foundation, the space under the building is to be enclosed with fire-resistant material. The walls and floors are to be constructed of, or covered with, a non-sparking material or lattice work. The doors must be metal or solid wood covered with metal.

C. Indoor storage facilities are to be fire-resistant and theft-resistant. They need not be weather-resistant if the buildings in which Class "B" pyrotechnics are stored provide protection from the weather. No indoor facility is to be located in a residence or dwelling. The indoor storage of low explosives must not exceed a quantity of fifty (50) pounds. More than one indoor facility may be located in the same building if the total quantity of explosive materials stored does not exceed fifty (50) pounds.

D. Indoor facilities are to be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. The walls and floors are to be constructed of, or covered with, a non-sparking material. The doors must be metal or solid wood covered with metal.

E. Hinges and hasps for all storage facilities are to be attached to doors by welding, riveting, or bolting (nuts inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

F. Each door in a facility is to be equipped with (i) two (2) mortise locks; (ii) two (2) padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two (2) keys to open; or (v) a three-point lock. Padlocks must have at least five (5) tumblers and case-hardened shackle of at least 3/8 inch diameter. Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps and staples. These requirements do not apply to facility doors that are adequately secured on the inside by means of a bolt, lock or bar that cannot be actuated from the outside.

G. Smoking, matches, open flames, and spark producing devices are not permitted--

(1) In any facility;

(2) Within fifty (50) feet of any outdoor facility; or

(3) Within any room containing an indoor facility.

H. Explosive materials within a facility are not to be placed directly against interior walls and must be stored so as not to interfere with ventilation. To prevent contact of stored explosive materials with walls, a non-sparking lattice work or other non-sparking material may be used.

19-405.9. Sale of Class "B" Pyrotechnics.

A. Storage and Sale of Class "B" Pyrotechnics shall be prohibited in a facility that offers Class "C" Common Fireworks for sale.

B. Each distributor of Class "B" display pyrotechnics shall provide to the purchaser necessary permit forms for fireworks displays in South Carolina and all sales records shall be kept opened for inspection by the authorities for no less than eighteen (18) months.

C. No one under the age of eighteen (18) shall be employed as a salesman or handler of Class "B" pyrotechnics.

D. The Division shall have the authority, to inspect any building or vehicle where Class "B" pyrotechnics may be stored and sold to see that the laws of the State are enforced.

19-410. Surplus Property.

(Statutory Authority: 1976 Code Section 3-9-10)

19-410.1. State Plan for Surplus Property.

INTRODUCTION

A. Address: State Agency for Surplus Property (SASP)

1441 Boston Ave.

West Columbia, S. C. 29170

B. This plan describes our primary mission. Our secondary mission is to acquire, warehouse and distribute surplus property to all eligible donees in the state in accordance with Public Law 94-519 as amended and FPMR 101.44 as amended.

C. Hours of operation: 8:00 a.m. to 4:30 p.m., Monday through Friday, except State holidays.

D. All monies for goods and services are handled directly by the accounting section of the Office of Internal Operations of the S. C. Budget & Control Board.

E. All previous regulations which deal with the Federal Surplus Property Plan and all regulations which conflict with the State Plan for Surplus Property are hereby repealed.

19-410.2. Designation of State Agency.

The Office of General Services of the State Budget and Control Board has been designated as the State Agency for Surplus Property and will be responsible for administering the plan.

A. Organizational Chart (Copies of organizational charts obtained from Office of General Services).

1. Showing organizational units and functioning units. (Copies of organizational charts obtained from Office of General Services) See B(1)(b) below.

2. Showing major lines of authority.

(a) To what official the Agency Director is responsible and the supervision of organizational units.

B. Certification of Screeners.

In accordance with Federal Property Management Regulations 101-44.116 the names of State Agency personnel authorized to screen and select surplus personal property for donation will be submitted to General Services Administration for certification.

C. Physical Facilities.

(1) Summary sheets describe in detail the physical facilities.

(2) The land is owned by the State and the buildings thereon are owned by the State Agency.

(3) Location of facilities is 1441 Boston Avenue, West Columbia, South Carolina 29170.

19-410.3. Inventory and Accounting Systems.

A. Scope of Accountability System.

All donable property approved for transfer, and donable property received, warehoused, and distributed by the State agency is accounted for under a full accountability system that meets the requirements of Section 3-9-10, South Carolina Code and Public Law 94-519, as amended.

B. Checking Property into SASP Custody.

(1) Verification of property. Shipments received are verified promptly. Property is received in an area which is separated from the rest of the distribution center in order that there will be no possibility of mingling with other items available to the donees.

(2) Documentation. The shipment is physically checked against the shipping documents and the "Application for Donation of Surplus Personal Property" (Form 123).

(3) Record preparation. Identification tags are prepared and attached to the individual items. The documents are signed by the stock clerk and forwarded to the office where the inventory clerk prepares the inventory record.

(4) Overages and Shortages. Property received is verified by a physical count with the Holding Agency's shipping document. The "Application for Donation of Surplus Property" (Form 123) is also verified to the count of property received. A SF 123 will be prepared and submitted to the appropriate GSA regional office for line item overages of $500.00 or more in accordance with FPMR 101-44.115.

(5) Recording and reporting difference. If the count of property received does not agree with the Holding Agency's shipping document, an overage and shortage report is prepared and delivered to the Holding Agency by screener for reconciliation with PDO. Over and short items not reconciled are reported to GSA regional office in accordance with FPMR Paragraph 101-44.115. Differences between items listed on Form 123 and the physical count are handled in the manner outlined above. Any such differences are also reflected by the monthly "Report of Surplus Property Received."

C. Periodic Verification of Property on Hand.

(1) Verification. The inventory or stock record cards are checked with the physical count of inventory of personal property on hand once each year.

(2) Recording of difference. Any difference between the stock cards and the actual count are reported to the distribution center manager, who, after a thorough check as to their correctness, presents these cards to the Surplus Property Officer for final determination.

(3) Reporting. Differences will be reported as in (2) above.

D. Inventory Adjustments.

(1) Report Form. Any necessary adjustments to the inventory record cards will be noted on the Inventory Adjustment form.

(2) Reporting variations.

(a) The Inventory Adjustment form will be presented to the Surplus Property Officer by the distribution center manager for inspection together with the appropriate inventory card. The Surplus Property Officer will sign those Inventory Adjustment forms requiring adjustment or take other corrective action.

(3) Adjustments. Adjustments will be made after review by the Surplus Property Officer and completion of the Inventory Adjustment form. The inventory record card will reflect the necessary adjustments. Both records will be retained in appropriate files in numerical order for a minimum period of three years.

(4) Written authority. The Surplus Property Officer will authorize adjustments as outlined in (3) above. This will apply, not only for annual inventory adjustments, but also for other necessary adjustments as well.

(5) Disposal of property of no value to program.

(a) In accordance with the procedures and requirements of FPMR 101-44.205, property will be reported to GSA for transfer to another state or disposed of by public sale, destruction or abandonment.

(b) Appropriate records are maintained to cover disposals described above.

E. Tracing Property from Receiving Document to the Issue Document.

(1) Method. At the time the inventory record cards are prepared, the state serial number of the Form 123 and line item number is entered on these cards and the identification tag which is attached to the item. When a pre-numbered warehouse issue sheet is prepared, the state serial number and line item number is also entered thereon. The warehouse issue sheet number and the date is noted on the inventory record card. Each inventory record card bears only one state serial number. When the items listed on an inventory record card are all issued, the card is filed in an inactive file. In this way, property is readily traced from the receiving document to the issue document.

(2) Reference to exhibit of inventory of property card. For the use to which the inventory card is put, see E(1) above.

F. Systematic Means of Determining Quantity of Various Types of Property Donated to Individual Donees.

(1) Description of files for each donee. Individual donee files are maintained on an annual basis which contain copies of all warehouse issue sheets showing property issued, service charges, etc. Separate files for $5,000 or over acquisition cost items and all passenger motor vehicles are maintained (see Part X of the State Plan).

(2) Other records (if any) of property donated to each donee. A correspondence file and an invoice file is also maintained by donee.

G. Accounting System.

The Surplus Property Service Fund utilizes basic accrual accounting practices outlined in Governmental Accounting, Auditing and Financial Reporting as compiled by the National Committee on Governmental Accounting (1968).

On Deposit accounts are cash accounts with documented deposits and withdrawals.

Accounts Receivable account has all billings and payments received with net amount owed as a balance.

Buildings account has all expenditures for permanent construction and additions to structures used at the Surplus Property site.

Accumulated Depreciation-Buildings account has amount of expiration of the useful life of the buildings using the straight-line method with a twenty year base.

Office Equipment account has expenditures for non-expendable equipment that is inventoried, tagged and accounted.

Accumulated Depreciation-Office Equipment account has amount of expiration of the useful life using the straight-line method with a ten year base.

Motor Vehicle Equipment account has amount of expenditure for motor vehicle equipment.

Accumulated Depreciation-Motor Vehicle Equipment account has expended amount of useful life using straight-line method with four year useful life.

Allocated To/From State General Fund account has amounts received or returned to the State General Fund from the Surplus Property Service Fund.

Retained Earnings account shows accumulated amount of equity retained in operations.

Revenue From Operations account shows amount of sales.

Expenses (cash) account shows amount spent for operating costs.

Expenses (accrual) account shows amount applicable to accounting period.

The accounts for the Surplus Property Service Fund is kept by the Comptroller General of South Carolina and a corresponding ledger system is kept by the Office of Internal Operations, S. C. Budget and Control Board. Fixed asset accounts are kept also at the Office of Internal Operations, S. C. Budget and Control Board where amounts for purchase of these assets are maintained by source fund.

All accounts are periodically audited by internal auditors and the State auditing staff to ascertain to the correctness of the Surplus Property Service Fund as stipulated by GAAP standards.

The State Agency is furnished detailed operating statement and balance sheet monthly, reflecting the current financial condition of the Agency.

All accounting records are maintained at the central office of the Office of General Services.

19-410.4. Return of Donated Property.

When determination has been made that property has not been placed in use by the donee, for the purposes for which it was donated, within one year from the date of receipt of the property, or when the donee has not used the property for one year thereafter under the terms and conditions of the application certification and agreement form signed by the administrative officer (or other authorized representative of the donee) as a condition of eligibility and repeated on the reverse side of each distribution document, the donee, if the property is still usable as determined by the State Agency, must:

(a) Return the property at his own expense to the State Agency distribution center.

(b) Re-transfer the property to another eligible donee as directed by the State Agency.

(c) Make such other disposal of the property as the State Agency may direct.

(d) The State Agency will periodically emphasize this requirement when corresponding and meeting with donees and when surveying the utilization of donated property at donee facilities.

19-410.5. Financing and Service Charges.

A. Section 3-9-10, Code of Laws of South Carolina, 1976. Any charges made or fees assessed by the South Carolina Office of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer. The State Agency does not receive any appropriated funds from either State or Federal sources.

B. Method of Computing Service Charges.

Service charges shall be fair and equitable as related to the services performed and the direct and indirect cost of operations. In general the charges are related to the following expense factors:

(1) Personal Service

(a) Clerical

(b) Secretarial

(c) Purchasing & Supply

(d) Security

(e) Labor & Trades

(f) Equipment Operation

(2) Contractual Services

(a) Freight, Express & Delivery

(b) Travel

(c) Telegraph & Telephone

(d) Repairs

(e) Water, Heat, Lights & Power

(f) Other Contractual Services

(3) Supplies

(a) Fuel Supplies

(b) Office Supplies

(c) Motor Vehicle Supplies

(d) Postage

(e) Other Supplies

(4) Fixed Charges & Costs

(a) Rents--Equipment

(b) Insurance

(c) Contributions & Dues

(5) Equipment

(a) Office Equipment

(6) Depreciation

A chart has been prepared for computing service and handling charges by applying percentage factors to acquisition cost in ranges to permit consideration of property conditions, desirability, normal market value, quantity available, etc. (See chart, infra)

C. Minimal Charges.

(1) In cases where property is located and screened exclusively by a donee screener at a Holding Agency where state screeners do not visit, the service charge will be reduced, as a general rule, by 10%.

(2) On direct transfers of property from the Holding Agency to the donee, where the donee pays all transportation costs, the service charge may, as a general rule, be reduced by 25%, when compared to similar items transferred from the State Distribution Center.

(3) Service and handling charges assessed for donated property to providers of assistance to homeless individuals shall be at nominal cost for care and handling.

D. Special Donations.

In cases involving major items of property or otherwise when unusual expenses may be incurred, the State Agency may mutually arbitrate with the donee for a fair and equitable service charge.

E. Evaluation of Service Charges.

The relation of service charges to the total costs of operation will be evaluated on a quarterly basis. The service charges will be revised in accordance with the evaluation results.

F. Funds accumulated from service charges including such funds accumulated from donee service charges before October 17, 1977, or from other sources such as sales or compliance proceeds, will be used to cover direct and indirect costs of the State Agency's operation, to purchase necessary equipment, to rehabilitate donable surplus property, to provide normal upkeep of office and distribution center facilities, to purchase necessary equipment and supplies, to purchase replacement parts for donable property items, to acquire or improve office space or distribution center facilities as authorized in Section 3-9-10 of the South Carolina Code.

G. Capital Reserve Fund.

A reasonable working capital reserve fund will be maintained (the previous year's total overhead expenses) and should this reserve become excessive, a reduction in service charges shall be made to all donees on future transfers.

H. Deposits of Service Charge Funds.

All moneys are deposited with the State Treasurer in a Revolving General Fund and designated by a separate account in accordance with Section 11-14-30 of the South Carolina Code, 1976.

I. Disposition of Funds if Facilities are Sold.

All moneys arising from the sale of facilities shall be paid into the State Treasurer and shall be kept on a separate account by the Treasurer as a fund to be drawn upon the warrant of the Budget and Control Board for the exclusive use and purpose which have been or shall be declared in relation to the General Fund, in accordance with Section 11-9-620 of the South Carolina Code, 1976.

J. Means and Methods of Financing.

(1) The State Agency receives no appropriated funds from the State or Federal Government. The Agency is financed solely from the assessment of service and handling charges on Federal surplus personal property donated. Authority for this is covered by State statutes as defined in Part I of the State Plan, Paragraph B(1).

Chart for Computing Service and Handling Charges

(a) (b) (c)

Percent of Acquisition Service Charge

A/C Cost Range

0-50% 0-$10 0-$5

0-40% $10-$100 0-$40

0-30% $100-$200 0-$60

0-25% $200-$1500 0-$375

0-10% $1500-$5000 0-$500

0- 5% $5000-$20,000 0-$1000

0- 3% $20,000-$50,000 0-$1050

0- 1% $50,000-$100,000 0-$1000

Open Over $100,000 Negotiable

Exceptions:

(a) Rehabilitated property--Direct costs for rehabilitating property will be added to the charge.

(b) Overseas property--Additional costs for screening and returning property will be added.

(c) Extraordinary and/or unusual transportation charges--Charges on property with "out-of-the ordinary" or "unusual transportation cost" will be added.

(d) Special Handling--An additional charge may be made for dismantling, packing, crating, shipping, delivery and other extraordinary charges.

(e) Adjustment in acquisition cost--When the acquisition cost of an item is unrealistic, an adjustment will be requested from the GSA Regional Office prior to assessment of service charge.

(f) Lotted property--Property issued by the pound will not be covered by the above schedule. Service charges will be assessed on a price per pound basis.

(g) Fair market value--In certain special cases service charges may be assessed on a basis of the fair market value of the property.

NOTE: The above schedule will be re-evaluated periodically for comparison of operating expenses with income receipts, at which time the percentage of acquisition cost (Col. a) will be adjusted accordingly.

19-410.6. Terms and Conditions on Donable Property.

A.(1) The State Agency will require each eligible donee, as a condition of eligibility, to file with the State Agency an application, certification and agreement form outlining the certifications and agreements, and the terms, conditions, reservations and restrictions, under which all Federal surplus personal property will be donated. Each form must be signed by the chief executive officer of the donee institution agreeing to these requirements prior to the donation of any surplus property. The certifications and agreements and terms, conditions, reservations and restrictions will be printed on the reverse side of each State Agency Issue Document.

(2) The following periods of restriction are established by the State agency on all items of property with a unit acquisition cost of $5,000 or more, and on all passenger motor vehicles.

(a) Passenger motor vehicles--18 months from date the property is placed in use.

(b) Items with a unit acquisition cost of $5000 to $10,000--18 months from the date the property is placed in use.

(c) Items with a unit acquisition cost over $10,000--30 months from the date the property is placed in use.

(d) Aircraft (except combat type) and vessels (50 feet or more in length) with a unit acquisition cost of $5,000 or more--60 months from the date the property is placed in use. Such donations shall be subject to the requirements of a Conditional Transfer Document.

(e) Aircraft (combat type)--restricted in perpetuity. Donation of combat type aircraft shall be subject to the requirements of a Conditional Transfer Document.

(3) The State Agency may reduce the period of restriction on items of property falling within the provisions of Part VI, Paragraph A, Subparagraph (2), sub-paragraphs (c) and (d), at the time of donation but not less than for a period of 18 months from the date the property is placed in use, for good and sufficient reasons, such as the condition of the property, or the proposed use (secondary utilization, cannibalization, etc.).

(4) The State Agency, at its discretion and when considered appropriate, may impose such terms, conditions, reservations and restrictions, as it deems reasonable on the use of donated property other than items with a unit acquisition cost of $5,000 or more and passenger motor vehicles.

B.(1) The State Agency may amend, modify, or grant release of any term, condition, reservation or restriction, it has imposed on donated items of personal property in accordance with the standards prescribed in this plan, provided that the conditions pertinent to each situation have been affirmatively demonstrated to the prior satisfaction of the State Agency and made a matter of public record.

(2) The State Agency will impose on the donation of any surplus item of property, regardless of unit acquisition cost, such conditions involving special handling or use limitations as the General Services Administration may determine necessary because of the characteristics of the property.

(3) The State Agency will impose on all donees the statutory requirement that all items donated must be placed in use within one year of donation and be used for one year after being placed in use or otherwise returned to the State Agency while the property is still usable.

(4) The State Agency cannot amend, modify or release the requirements of Sub-paragraph B(2) and B(3) above.

(5) Cannibalization of items on which GSA has imposed special handling conditions or use limitations will require prior GSA approval during the period of restriction.

19-410.7. Non-utilized Donable Property.

A. All property in the possession of the State Agency for 18 months, that cannot be utilized by eligible donees, shall be reported to the General Services Administration for disposal authorization as described in FPMR 101-44.205. In accordance with this regulation the State Agency shall:

1. Transfer the property to another State or Federal Agency.

2. Sell the property by public sale.

3. Abandon or destroy the property.

B. In the event of disposal by transfer to another agency or by public sale, the State Agency may seek such reimbursement as authorized in FPMR 101-44.205.

19-410.8. Fair and Equitable Distribution.

A. The State Agency shall provide for a fair and equitable distribution of available surplus property to the eligible donees in the State based upon their relative need and resources and their ability to utilize the property in their program.

(1) Need. In determining relative needs of eligible entities, the following factors, among others, will be considered:

(a) Expression of interest by the eligible donee for specific items of property.

(b) Justification of expressed needs defining proposed purposes for use of property.

(c) Indication of whether the needs are continuing or temporary.

(d) Nature of requested items--whether common use and readily available items or more specialized and not readily obtainable.

(e) Record of previous donations of similar or like items to the donee.

(f) Past performance in prompt pick-up and utilization of property, including prompt payment of service charges.

(g) Location of property in relation to the requesting donee.

(h) Extraordinary needs created by disasters such as storms, floods, fires, etc.

(i) Population to be served by property requested.

(2) Resources. The following factors will be evaluated in establishing relative resources of eligible donees who have expressed specific needs:

(a) Availability of funds--whether tax-appropriated funds, Federal or State grants, tuition or charges for services, donations or contributions, or other sources.

(b) Assessment of financial ability including data pertaining to inability to purchase from other sources, relative income and economic conditions, and other appropriate data.

(3) Utilization. In determining utilization capability for property needs expressed, the following factors, among others, will be considered:

(a) Statement of utilization potential for requested property.

(b) Area in square miles to be served by requested property.

(c) Plans for continued or temporary use of property.

(d) Capability for repair and maintenance of property.

B. The State Agency shall review information submitted by the donee at the time of his certification of eligibility, or at other times, to establish priorities to ensure fair and equitable distribution in accordance with the donee's relative need, resources and ability to utilize the desired property.

C. The State Agency shall establish and maintain a want list for items of property that are not generally available in the distribution center and allocate this property, when it becomes available, in accordance with the requesting donees' relative need, resources and ability to utilize the desired property.

D. The State Agency will authorize, insofar as practical, direct pick-up or shipment of available property for the donee for a reduced service charge as provided in Part V of the plan. The State Agency will provide the recipient with a letter authorizing release of the property directly to the donee. The State Agency shall, insofar as practicable, select property requested by an eligible donee within the State.

E. The State Agency shall recommend to General Services Administration the certification of donee screeners, as are qualified and needed, in accordance with FPMR 101-44.116.

19-410.9. Eligibility.

A. Scope.

The State Agency procedures for determining the eligibility of public agencies and non-profit educational and public health institutions and organizations in the State shall be those standards and guidelines as set forth in FPMR 101-44.207.

B. Determination of Eligibility.

The State Agency is responsible for the determination that an applicant is eligible as a public agency or a non-profit educational or public health institution or organization to participate in the program and receive donations of surplus personal property, and to utilize such property for the purposes authorized by the act. In establishing a listing of potential donees the following sources of information will be utilized:

(1) Public Agencies

(a) The Secretary of State

(b) The South Carolina Legislative Manual

(2) Non-profit, Tax-exempt Institutions

(a) State Departments of Education, Higher Education, Public Health, Mental Health, Mental Retardation, Youth Services and others for listing of all local units approved or licensed by them.

(b) Existing records of institutions now eligible under the existing Surplus Property Program.

(c) State and regional organizations and associations.

(d) Inquiries, letters, telephone calls, etc., received regarding eligibility.

(e) Contacts may be made by letter, telephone calls, general meetings, or conferences with above groups, supplemented when necessary by news release, information bulletins. Special efforts will be made to present the Surplus Property Program at conferences and meetings.

C.(1) As a condition of eligibility each unit will be required to file with the State Agency:

(a) An Application Certificate and Agreement Form signed by the Chief Administrative Officer accepting the terms and conditions under which property will be transferred.

(b) A written authorization from the Chief Administrative Officer or executive head of the donee activity, or a resolution of the governing body, designating one or more representatives to act for the applicant, obligate any necessary funds, and execute issue sheets.

(c) Assurance of Compliance indicating acceptance of Civil Rights and Non-Discrimination on the basis of sex in accordance with GSA regulations and requirements.

(d) A Directory Information Form including legal name of applicant, address and telephone number and their status as a public agency or non-profit, tax-exempt educational, or public health unit.

(e) Details and scope of their program including their different activities and functions.

(f) Listing as to the types and kinds of equipment, vehicles, machines or other items they need.

(g) Financial information if necessary to help in evaluation of their relative needs and resources.

(h) Proof of their tax-exemption under Section 501 of the Internal Revenue Code of 1954 (for non-profit units only.)

(i) Proof that the applicant is approved, accredited or licensed in accordance with FPMR 101-44.207.

D. Maintaining Eligibility.

(1) Eligibility files are maintained for each donee, alphabetically by County.

(2) The State Agency shall update each donee's eligibility on a periodic basis, but not less than once every three years, to ensure continuing eligibility.

(3) The State Agency shall terminate its distribution of property to the activity when the eligible donee ceases to operate, loses its license, accreditation, or approval or otherwise fails to maintain its eligibility status.

(4) The State Agency may, at its option, terminate distribution of property to the donee if service charge accounts are delinquent ninety days or more, or at any time the State Agency determines that the activity is without adequate resources to pay its obligations.

E. Conditional Eligibility.

(1) In certain cases where newly organized activities have not commenced operations or may not have been approved, accredited, or licensed as may be required as eligible donees, the State Agency may, under certain circumstances as outlined in FPMR 101-44.207(i), establish a conditional eligibility for the activity.

19-410.10. Compliance and Utilization.

A. Scope of Survey

(1) The State Agency shall effect reviews for compliance by donees with the terms, conditions, reservations and restrictions imposed on:

(a) Any property not placed in use within one year from the date of acquisition and not used for a period of one year after being placed in use.

(b) Any passenger motor vehicle.

(c) Any item of property with an acquisition cost of $5,000 or more.

(d) Any item having characteristics that require special handling or use limitations imposed by GSA.

(e) Any other items of property that the State Agency may impose special restrictions.

B. Method of Survey.

(1) Within 6 months after issue of restricted property (acquisition cost of $5,000 or more and all passenger motor vehicles), a form letter is mailed to donee requesting verification of usage and location of property.

(2) If letter is returned indicating proper usage of property, the letter is filed with invoice and document in restricted file. If letter indicates that property has not been put into use but will be used at a later date, a follow-up letter will be mailed to correspond with date specified by donee.

(3) In case of a negative reply or no reply, qualified State Agency personnel will then make a physical check of the property at the donee institution and submit "Utilization Check Form" to Surplus Property Officer, also, make verbal report.

(4) During the course of such visits, items under $5,000 in possession of the donee are observed to determine property utilization to learn of any unique or unusual uses which can be passed on to other donees, and to determine any misuse or unauthorized disposal made of property donated.

(5) During any review the State Agency representative will ensure that the donee is complying with any special handling conditions or use limitations imposed on items of property by GSA in accordance with FPMR 101-44.108.

C. Report on Surveys.

(1) Main points covered in reports.

(a) These reports cover a detailed list of property checked, any misuses or good uses of properties, apparent stockpiling, other needs of donees for property, major points of discussion with donee, and the reporter's pertinent personal observation.

(2) All reports are received and reviewed by the Surplus Property Officer. Effective action will be taken to correct noncompliance and to enforce terms, conditions, reservations and restrictions as set forth.

D. Action Taken on Reports.

(1) Indication of Fraud

(a) The State Agency will initiate appropriate investigation of alleged fraud in the acquisition of donable property and notify the FBI and GSA of allegations immediately.

(b) If the investigation indicates fraud, a written report will be made to the FBI and GSA by the State Agency and full cooperation will be rendered in resolving the problems presented.

(c) The State Agency is not authorized to prosecute any actions for the State of South Carolina, but will take whatever actions are necessary to aid in prosecuting cases of alleged fraud or misuse, and assist GSA or other responsible Federal or State agencies in investigating such cases upon request.

(2) Unauthorized disposal of items of $5,000 and over and passenger motor vehicles.

(a) Whenever possible the property will be placed in use. When it cannot be immediately placed into eligible use, it will be returned to the State Agency distribution center, unless circumstances make this impractical. Donations to the institution will be suspended until the matter is properly evaluated. The case will be reported to the GSA Regional Office for further action.

(3) Misuse of $5,000 and over items and passenger motor vehicles.

(a) As in C(2) above.

(4) Lack of use of items of $5,000 and over and passenger motor vehicles.

(a) As in C(2) above.

(5) Stockpiling

(a) If a report indicates property is being stockpiled, the institutional representative will be contacted and the matter discussed. Methods to prevent such stockpiling will be developed to remedy the situation. If the situation appears to warrant a return of the stockpiled property, the donee may be requested to return the property to the State Agency for further donee distribution.

E. Type or Title of Personnel Making Surveys.

(1) These visits are made by qualified State Agency employees, including the Surplus Property Officer and screeners.

19-410.11. Consultation with Advisory Bodies, Public and Private Groups.

A.(1) The State Agency will arrange for and participate in local, regional or statewide meetings of such public and private organizations and associations representing public agencies, educational, public health, library, museums, civil defense, etc., to disseminate information on the program, discuss procedures and problems and obtain the recommendations on determining relative needs, resources and the utilization of property and how we can provide a more effective service.

(2) The State Agency will regularly provide information on the donation program to state and local officials, and to heads of nonprofit institutions and organizations and will actively participate in and provide speakers for conferences and meetings held by public and private organizations upon request.

(3) The State Agency in consultation with advisory bodies and public and private groups will write eligible donees to submit expressions of need and interest for property items so that the State Agency may advise the General Services Administration of such requirements, including requirements for specific items of property.

19-410.12. Audit.

A. Audit.

(1) An external audit of the operations and financial affairs of the State Agency will be made by the South Carolina State Auditor at least every two years. The audit shall include a review of the conformance of the State Agency with the provisions of the State Plan of Operation and the requirements of 41 CFR 101-44. Copy of this audit shall be forwarded upon completion to the GSA Regional Office with advice as to corrective action taken with respect to any exceptions or violations, indicated by the audit. Internal audits will be made as required by the South Carolina Office of General Services.

(2) It is agreed that GSA may, for appropriate reasons, conduct its own audit of the State Agency following due notice to the Governor of the State of South Carolina the reasons for such audit. It is also agreed that GSA may visit the State Agency for purposes of reviewing the Agency's operation when deemed appropriate.

(3) Financial records and all other books and records of the State Agency will be made available for inspection by GSA, GAO, or other authorized Federal activities.

19-410.13. Cooperative Agreements.

A.(1) The State agency has the authority and will enter into such cooperative agreements with Federal agencies or other states in accordance with FPMR 101-44.206. Such agreements will involve, but will not be limited to, the following:

(a) Use of property by the State Agency

(b) Overseas property

(c) Use of Federal Telecommunications System

(d) Inter-state transfers

(e) Others, as deemed necessary

19-410.14. Liquidation.

A.(1) Preparation of Plan

(a) In the event of, or at the time a determination has been made by State officials to liquidate the State Agency, a liquidation plan shall be prepared in accordance with FPMR 101-44.202(c)(14).

(2) The Plan Will Include:

(a) Reasons for Liquidation.

(b) Schedule and estimated date of termination.

(c) Method of disposal of surplus property on hand, consistent with the provisions of FPMR 101-44.205.

(d) Method of disposal of any agency physical and financial assets.

(e) Retention of books and records for a two year period following liquidation.

(3) Such plan will be submitted to the General Services Administration and approval secured prior to the beginning of the liquidation.

19-410.15. Forms.

A. The Distribution Document used will be an issue sheet, as described in Part III, Paragraph E of the State Plan. The Document is a 4-part color coded document, pre-numbered, to cover all issues of surplus property made to eligible donees or to other states. The white copy (original) will be used for billing purposes in the State Agency office, then filed in donee folder with copy of invoice. The yellow copy is used at the Agency for posting to stock records and is maintained in files at the distribution center in numerical order. The pink copy is forwarded to the Agency's central office accounting for invoice mailing to the donee and setting up accounts receivable records. The blue copy is furnished to the donee when he signs for and picks up property.

B. Each restricted item issued is listed on a separate Distribution Document, with proper description and notation on the Document as to restricted time limit.

C. Aircraft and vessels (over 50 feet in length) with a unit acquisition cost of $5,000 or more will be donated in accordance with provisions of a Conditional Transfer Document.

19-410.16. Records.

A.(1) Official records of the State Agency shall be retained for a period of not less than three years.

(2) Records of property subject to restrictions for more than two years shall be kept one year beyond the specified period of restriction.

(3) Should property be in compliance status at the end of the period of restriction, records shall be retained for at least one year after the case is closed.

19-415. Insurance Reserve Funds.

(Statutory Authority: 1976 Code Section 1-11-140)

19-415.1. Authority for Tort Liability Insurance--Information Service.

The State Budget and Control Board, through the Office of General Services, is authorized to provide insurance for personnel employed by the State, its departments, agencies, institutions, commissions or boards, so as to protect such personnel against tort liability arising in the course of their employment. The Insurance Reserve Funds, formerly the Insurance Sinking Funds, shall be administered by the Chief of Insurance for the Office of General Services.

By codifying copies of the Tort Liability policy and the Medical Employee Professional Liability Insurance policy, and the Automobile Liability Certificate of Insurance, the Office of General Services purports to provide the public with information regarding the nature, terms, and scope of the insurance which it provides under Section 1-11-140 of the 1976 Code.

19-415.2. Nature, Terms and Scope of Insurance Policies.

A. The nature, terms and scope of the Insurance Reserve Funds' tort liability is declared in the policy entitled "General Liability Policy." This policy may be revised at the discretion of the Office of General Services.

B. The nature, terms, and scope of the Insurance Reserve Funds' liability for medical employee professionals is declared in the policy entitled "Medical Employee Professional Liability Insurance." This policy may be revised at the discretion of the Office of General Services.

C. The nature, terms, and scope of the Insurance Reserve Funds' liability for automobiles is declared in the policy entitled "Automobile Liability." This certificate may be revised at the discretion of the Office of General Services.

19-415.3. General Liability Policy.

Declarations

Item 1 Insured:

Employees including elective or appointive executive officers or members of the board of trustees, directors or governors of public bodies of the State of South Carolina (or any subdivision thereof) to whom a certificate of insurance has been issued indicating that coverage is afforded by this policy.

Item 2. Policy Period: From: January 1, 1975

To: January 1, 1980

12:01 A.M. Standard Time

Item 3. Limit of Liability:

The limit of the Fund's Liability for personal injury and/or property damage each occurrence or event: $300,000.

Endorsements attached to policy at inception: Nuclear Energy Liability Exclusion A-0009.

Errors and Omissions Endorsement

January 1st, 1976.

State of South Carolina Budget and Control Board Office of General Services

Countersigned by ___ Authorized Representative

GENERAL LIABILITY POLICY

State of South Carolina Budget and Control Board

Office of General Services

(Herein called the Fund)

In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the Employer as follows:

I. Insuring Agreements

A. Coverage

The Fund will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of personal injury or property damage to which this policy applies, caused by an occurrence or event, and the Fund shall have the right and duty to defend any suit against the insured seekin