AGO 98-60.

• Case Date: April 21, 1998
• Court: South Carolina

South Carolina Attorney General Opinions 1998. AGO 98-60. 234April 21, 1998 OPINION NO. 98-60The Honorable James Lee FosterSheriff, Newberry County Post Office Box 247 Newberry, South Carolina 29108 Re: Informal OpinionDear Sheriff Foster: You have requested an opinion concerning S.C. Code ann. Sec. 6-11-1420. You note that "[t]here seems to be some confusion regarding the authority of a fire chief and the authority of a law enforcement officer when a fire scene becomes a crime scene." You state the following, in addition that

[w]here does the fire chief's authority end and the law enforcement's begin when a fire scene is that of an arson or suspicious death?

Under this section of law, when does the law enforcement agency charged with investigation of fire or an accident scene have the authority, custody and control over that scene? Once the fire is extinguished or a rescue is complete, when would the police have the authority to investigate and make the decisions on necessary steps to take?

I would also like to have an opinion on when is the appropriate time to get a search warrant when investigating a suspected arson. Should a search warrant or a consent to search be obtained even if the fire department is still on the

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scene and will remain on the scene during the investigation of a fire?

Law / Analysis S.C. Code Ann. Sec. 6-11-1410 defines a "Fire Authority" as "any lawfully and regularly organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing fire protection and other emergency services incident thereto." Section 6-11-1420 further provides that

[n]otwithstanding any other provisions of law, authorized representatives of the Fire Authority having jurisdiction, as may be in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, have the power and authority to direct such operation as may be necessary to extinguish or control the fire, perform any rescue operation, evacuate hazardous areas, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations and of taking any other action necessary in the reasonable performance of their duty. In the exercise of such power, the Fire Authority having jurisdiction may prohibit any person, vehicle, vessel, or object which may impede or interfere with the operations of the Fire Authority having jurisdiction.

Sections 6-11-1430 and -1440 provide for evacuation by the Fire Authority. Pursuant to § 6-11-1450, "[a]ny person who obstructs the operations of the Fire Authority in connection with extinguishing any fire or other emergency, or disobeys any lawful command of the fire official or officer of the Fire Authority who may be in charge at such a scene, or any part thereof, or any police officer assisting the Fire Authority, is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for more than thirty days." In Op. Atty. Gen., November 15, 1991, we construed § 6-11-10 et seq. in the context of whether the Act "automatically makes the fire chief in charge of a scene even though other public safety officials may be present and whether a fire chief would have authority over such other emergency services." In responding to this question, we quoted from Op. Atty. Gen., Op. No. 84-39 (April 5, 1984) which stated that 236

[i]t would be inappropriate for us to comment on applicability of the section [Section 6-11-1450, which provides a criminal offense for "any person" who obstructs the operations of a fire authority] to a law enforcement officer who may be present at an accident scene in his official capacity, leaving such factual interpretation or application to the courts of this State. It should

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