South Carolina § 40-80-40 - Background and registration requirements; federal employees excepted; firefighters serving more than one department; reinstatement.
Full text of South Carolina South Carolina Code of Laws § 40-80-40 — Background and registration requirements; federal employees excepted; firefighters serving more than one department; reinstatement., with citation guidance and answers to common questions.
§ 40-80-40. Background and registration requirements; federal employees excepted; firefighters serving more than one department; reinstatement.
(A) No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first undergoing a criminal background check as required by Section 40-80-20 and being recommended for registration pursuant to Section 40-80-50.
(B) A firefighter employed by the United States Government and working in the course and scope of his official duties as a federal employee is not required to be registered under this chapter.
(C) A firefighter who works for or serves more than one fire department must be registered by each fire department.
(D) A firefighter previously registered with the Office of the State Fire Marshal, but not actively engaged with a fire department or as a firefighter for a period of six months, must apply for registration and must submit a criminal records check as required by Section 40-80-20. Firefighters that are being reinstated to their last registered department within a period of not more than three years are exempted from the provisions contained in this section.
HISTORY: 2001 Act No. 60, SECTION 1; 2025 Act No. 32 (S.101), SECTION 2, eff May 12, 2025.
Effect of Amendment
2025 Act No. 32, SECTION 2, in (C), substituted "each fire department" for "each department".
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 40-80-40
What does South Carolina Code of Laws § 40-80-40 cover?
Section 40-80-40 ("Background and registration requirements; federal employees excepted; firefighters serving more than one department; reinstatement.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 40-80-40?
A common citation format is "South Carolina Code of Laws § 40-80-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 40-80-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.