A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire or other consequences of the prescribed fire, except for smoke, unless negligence is proven. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by the resulting smoke of a prescribed fire unless gross negligence or recklessness is proven.
HISTORY: 1994 Act No. 325, Section 1; 2012 Act No. 139, Section 2, eff April 2, 2012.
Editor's Note
2012 Act No. 139, Section 3, provides as follows:
"The guidelines published by the State Forestry Commission in August 2006 entitled, "Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina" are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act."
Effect of Amendment
The 2012 amendment rewrote the first sentence and added the second sentence relating to the standard of care for liability for damage, injury, or loss caused by the resulting smoke of a prescribed fire.