S.C. Code Ann. § 23-9-155
Installation of smoke detectors; liability; promulgation of regulations
Operative Text
Every dwelling unit within an apartment house having no fire protection system must be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74. If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act. If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act. The Division of the State Fire Marshal shall promulgate regulations to carry out the provisions of this section. Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor.
South Carolina Code § 23-9-155 requires that every dwelling unit in an apartment building without a fire protection system be equipped with an approved smoke detector, positioned on the ceiling or wall in a central location near sleeping areas, and meeting National Fire Protection Association Standards 72A and 74. Multi-story units require a detector on each story, including cellars and basements, with specific rules for split-level arrangements. The provision also addresses liability: a landlord is generally shielded from damage claims when a detector malfunction stems from a tenant's own actions or from a manufacturing defect the landlord neither knew about nor could have reasonably discovered, provided the fire itself was not caused by the landlord's fault. The Division of the State Fire Marshal is authorized to issue regulations implementing this section.
Plain English — not legal advice.
Under § 23-9-155, compliant apartment operators generally ensure that each dwelling unit lacking a broader fire protection system is outfitted with a smoke detector that meets NFPA Standards 72A and 74 and is installed per the manufacturer's specifications. Operators typically document their acquisition and installation process—including receipts, model listings, and inspection records—because the liability shield for manufacturing defects under this section depends on demonstrating reasonable care and lack of knowledge of any defect. For multi-story units, operators generally verify that detectors are present on every habitable story, and for split-level units, they confirm whether a door between levels triggers the requirement for detectors on both levels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 23-9-155 gives tenants in South Carolina apartment buildings the right to have an approved, properly installed smoke detector in their dwelling unit, positioned to be audible in sleeping areas and compliant with NFPA Standards 72A and 74. If a detector is missing, improperly installed, or not functioning due to the landlord's failure to maintain it, tenants may have grounds to raise this as a violation, and the Division of the State Fire Marshal oversees regulations under this section that may provide a complaint pathway. Tenants experiencing issues with smoke detector compliance may wish to consult a local tenant-rights organization or legal aid office to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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