“Absurd” regulations: Senators hear gripes about State Fire Marshal by MATT LONG on DECEMBER 17, 2010
South Carolina legislators on Thursday heard complaints that state fire marshals often unnecessarily cost businesses, non-profits, and even state agencies hundreds of thousands of dollars per year through “absurd” interpretations of the fire code.

A legislative audit released earlier this month said the Office of the State Fire Marshal had been “inconsistent” in how it enforced the fire code with regard to fire extinguishers and cooking stoves. The audit also said the Office did not give organizations an adequate way to appeal.

A three-member Senate subcommittee listened to the complaints in a hearing Thursday afternoon. The legislators were looking to see if reforms were needed in the OFSM after receiving several complaints from businesses. One member of the Labor, Commerce, and Industry Committee, Sen. Glenn Reese (D-Spartanburg), requested the audit.

The State Fire Marshal’s Office inspects all schools, hospitals, prisons, and daycares in the state, among other facilities.

State Corrections Director Jon Ozmint criticized the office for what he calls “absurd” requirements. He says one part of the fire code does not allow him to put locks on the exits at minimum security prisons.

We point out… the reason we put the lock on that door was because we had a problem with inmates stepping outside to pick up liquor, contraband, or they’re stepping outside and getting in the car with their girlfriend and leaving. So, we put the lock on there. When, then he says, “Well, I don’t care about that. The code says you’ve got to do this,” I think you’ve got a real power problem.

Ozmint says marshals need to understand that what’s needed in commercial buildings is not always the best idea for prisons. He urged the committee to hold prisons to a different standard than other structures. As one example, he criticized a requirement that sprinkler heads be in every room, including showers. Ozmint said inmates often damage the heads. Ozmint says the state then has to pay for new sprinklers, wasting taxpayer money.

He says 24-hour surveillance by guards is more efficient than fire suppressants.

I’ve been there eight years. I’ve not had one injury due to fire…Any code that requires me to put a sprinkler head in a stainless steel shower goes beyond the pale of reason.

However, State Fire Marshal John Reich says deadly fires have occurred in South Carolina prisons before. He mentioned a 1979 fire at a Lancaster County prison that killed eleven inmates. He said a separate fire did not kill anyone, but “began in a shower.”

The audit also found problems in how the OFSM interpreted a national fire code with regard to discontinued fire extinguishers. After one manufacturer, General Fire Extinguishing, went bankrupt in 2001, the agency said all General fire extinguishers had to be replaced during maintenance tests after 2005. However, the code does not require replacement unless the parts are unavailable, which was not the case in General extinguishers.

The problem generated controversy after it was revealed that marshals forced the Greenville County School District to replace all of its sprinklers, costing taxpayers more than $30,000.

But it also affected individuals on a smaller scale. Leroy Lowery, a pastor at Southside Free Will Baptist Church in Darlington, criticized what he considered over-regulation of a daycare at Southside. He said he was also told by a vendor that his extinguishers had to be replaced.

These extinguishers were in perfectly good working order, but were replaced by our vendor. His extinguishers. Our money. We believed this to be a gross conflict of interest, when the man condemning our property could then sell us his property, at his price.

Lowery said there was no realistic appeal available to him, so he had to buy the new extinguishers.

However, Linda Porter of the vendor National Fire Protection Company said there’s little financial incentive for vendors to unreasonably push people to buy new extinguishers.

The profit margin in this competitive market is very low on new fire extinguishers. We could service General fire extinguishers, and make more money than we do replacing them.

Lowery says continual conflicts over fire code restrictions eventually led his church to end its daycare program.

He says local fire marshals have the power to make life difficult for building owners, so most keep quiet.

It is because of fear. Cold, hard, paralyzing fear. What will happen if we do appeal or resist their decision? So, we keep quiet, pay the fees, and quietly build up disrespect for, and contempt of, our government.

The hearing was led by Sen Kevin Bryant (R-Anderson). Bryant, along with Reese, and Sen. Lee Bright (R-Spartanburg) all vocally sympathized with Ozmint and Lowery.

Bright said he would look at how to make the appeals process easier for organizations.

Bryant said more hearings are needed so legislators can get a good picture of what kind of reforms are necessary in the agency.

We previously reported that on August 13^th the Food and Drug Administration (FDA) approved a new prescription abortion drug called “ella” allowing Watson Pharmaceuticals to market this drug in the U.S. as an “emergency contraceptive” (EC). While proponents of ella claim that it is more effective than the so-called “morning-after-pill,” Plan B, ella can also function as an abortion drug more like RU-486. On December 1st, Watson Pharmaceuticals began to aggressively promote ella over the internet and in pharmacies.

Because ella is similar in its chemical make-up to the abortion drug RU-486, it therefore can destroy an implanted embryo, in addition to other modes of action such as preventing fertilization or preventing implantation. Until now the FDA has drawn the line between EC and abortion based on whether a drug prevents an established pregnancy or ends an established pregnancy. Therefore, approving ella as an EC even under their own definition of an abortifacient is doubly misleading.

Because of the FDA’s approval of ella as an EC, pharmacists may believe they must cover ella as a prescription drug. However, many pharmacists do not know about the dangers of this drug or that it functions like an abortion. Many major pharmacy chains may not know ella can cause an abortion, and need to be aware of these concerns before they begin stocking this abortion drug.For this, we need your help.

Please send an email to the pharmacy you most frequent, asking that they not stock ella, the abortion drug. Follow this link, where you can select your pharmacy corporation and email them directly. Sample text is provided. Now is the time to let pharmacies know you do not want them providing this drug.

Governor-elect Haley evidently confronted President Obama on Federal Healthcare mandates and the Yucca Mountain reverse. Here’s her discussion with Sean Hannity about the confrontation:

Mallory Factor: COMMON SENSE: Chinese Bearing Gifts (Forbes)

Remembering the famous story of the Trojan Horse, which appeared to be a gift to the city but was actually full of Greek soldiers waiting to seize Troy, the expression arose “beware of Greeks bearing gifts.” Several thousand years later, the tables have turned. Greece, now facing severe economic austerity, is accepting gifts, and it is the Chinese who are offering them. There are lessons in this story for America as well.

Recently, I was in Greece during the visit of Chinese Premier Wen Jiabao. In times past, the visit of a Communist leader to a NATO ally would have been important news, but the trip was virtually ignored in the U.S. and Greek general press. During Wen’s important yet low key visit, I saw firsthand how China conducts diplomacy quietly and effectively, in sharp contrast to our more strident and public approach.

Twenty years ago, Hedrick Smith opened his account of “how Washington works,” The Power Game, with a story about a visit by President Reagan to Senator Howard Baker’s farm in eastern Tennessee. The Secret Service demanded that a number of old trees be cut down on Baker’s farm, a massive security presence filled the country roads, and the President traveled in a large motorcade with press and numerous aides. Now, perhaps because of heightened security, our current President’s entourage is much larger, particularly when he travels abroad. Of course, the U.S. President must be able to work and communicate instantly with his advisors and other leaders wherever he is in the world. But to foreign eyes, the U.S. President’s footprint while traveling looks massive, overbearing, and wasteful.

Contrast this image with what I witnessed in Athens: Premier Wen’s presence in the capital city hardly disrupted business at all. Instead, the Premier’s motorcade was like the processions on ancient Greek vases: short and concise. Few streets were closed or guns displayed. Athenians were hardly aware that China’s head of government, the leader of the Communist world, was visiting their city – or that he was at the same time making deals that would strongly affect Greece’s future.

The Premier came primarily to do business and advance his country’s agenda in the region, rather than for photo-ops and glad-handing. His mission was to secure a series of important commercial agreements between China and Greece. The catch was that he agreed China would purchase future issuances of Greek debt as part of the deal, relieving some of the pressure on the Greek budget since this spring’s bailout of Greece.

As Greece had already wrested whatever economic concessions it could from the European Union, the troubled country needed to look further afield for new financial investment. Greek political leaders were very receptive to Chinese overtures because China addressed Greece’s immediate need to find purchasers for its debt. Greece’s minister of state, Haris Pamboukis, told the New York Times, “The support of our Chinese friends is fortunate for us.” But he seemed to be overlooking for the moment that China’s offer to aid Greece comes with a price. By increasing its investment in Greece and its infrastructure, the Chinese will gain significant influence over the country, its vital industries and its trade.

Some of the commercial arrangements China achieved during the Premier’s visit were designed to increase China’s involvement in Greek industries and to facilitate Chinese trade with Europe. For example, it was agreed that Chinese state-run banks will lend $267.8 million to three Greek shipping companies for purchase of Chinese-built ships, and China will launch a $5 billion fund to provide credit to Greek companies for future purchases. China’s state-owned firm Cosco also recently took control of the Piraeus port near Athens, the largest passenger port in Europe and the largest container port in the eastern Mediterranean. Cosco will run the port under a 35-year management contract and will be making substantial new investments there in the next few years.

With the Piraeus port, China now has an important beach head in the Mediterranean which could lead to eventual control of these vital sea routes. This is the latest in a series of moves by China to gain control over a network of ports, railways and distribution channels which it will use to carry its goods to European markets. During the current financial crisis, China has been strategically purchasing transportation hubs and infrastructure assets in the weaker Southern and Eastern European countries toward this goal. Yet China is open about this objective; as the Chinese press recently reported, “China will help upgrade Greece’s largest port, Piraeus, to a distributing center for Chinese Exports to Europe.”

China’s involvement with Greece will also affect the whole Euro-zone. By buying Greek bonds, China is also helping to stabilize the euro. Greece’s financial crisis earlier this year led to a severe crisis in the euro, including a $750 billion fund available to support flagging economies. A series of such crises would seriously weaken the monetary union. The continuation of the euro thus depends in part on the cooperation of Chinese lenders, as China is keenly aware.

America, too, needs to pay attention to these developments. Our excessive government spending, too, is increasingly financed by Chinese purchasers of our government debt. And China has already sent us signals that their patience with our economic downturn is not unlimited. America, too, should beware of Chinese bearing gifts while we still have some options open to us.

I’m normally an old hymn type, but his new praise & worship song is growing on me. It’s called “Mighty to Save” by Hillsong.

Everyone needs compassion, Love that’s never failing; Let mercy fall on me.

Everyone needs forgiveness, The kindness of a Saviour; The Hope of nations.

Saviour, He can move the mountains, My God is Mighty to save, He is Mighty to save.

Forever, Author of salvation, He rose and conquered the grave, Jesus conquered the grave.

So take me as You find me, All my fears and failures, Fill my life again.

I give my life to follow Everything I believe in, Now I surrender.

My Saviour, He can move the mountains, My God is Mighty to save, He is Mighty to save.
Forever, Author of salvation, He rose and conquered the grave, Jesus conquered the grave.

Shine your light and let the whole world see, We’re singing for the glory of the risen King…Jesus (x2)

My Saviour, He can move the mountains, My God is Mighty to save, He is Mighty to save.
Forever, Author of salvation, He rose and conquered the grave, Jesus conquered the grave.

My Saviour, you can move the mountains, You are mighty to save, You are mighty to save.
Forever, Author of Salvation, You rose and conquered the grave, Yes you conquered the grave

Christian lyrics - MIGHTY TO SAVE LYRICS - HILLSONG AUSTRALIA

STATE OF SOUTH CAROLINA, OFFICE OF THE GOVERNOR, MARK SANFORD, GOVERNOR

FOR IMMEDIATE RELEASE, Contact: Ben Fox 803-734-2100

Gov. Sanford meets with ZF Transmissions Officials, Laurens County Officials, Upstate Residents

Columbia, S.C. - December 9, 2010 - Gov. Mark Sanford today joined Dr. Ludger Reckmann, CEO of the German-based ZF Transmissions South Carolina, to discuss with Laurens County officials and residents the significance of the company’s recent decision to put down roots in South Carolina. In July Gov. Sanford joined ZF officials in Friedrichshafen, Germany to announce the company’s decision to expand its operations in South Carolina. ZF Group will invest approximately $350 million in a new manufacturing facility in Laurens County, and create 900 new jobs.

“ZF’s decision to invest in South Carolina is both incredibly significant on its own terms, and it’s further evidence that our state is taking the lead in the automotive industry. With BMW’s recent decision to undertake a massive $750 million expansion, what we’re witnessing is a new era of private sector growth that will have a transformative affect not just on the Upstate but on the state as a whole. Indeed as we near the end of our administration, I think we’re leaving South Carolina in a position to achieve new levels of economic growth. On that front I’d again thank Secretary Joe Taylor and his team at Commerce for the phenomenal job they’ve done in recruiting investment; and with regard to today’s announcement I’d thank the Laurens County Council, Marvin Moss, and the greater economic development team in Laurens County, for their many efforts.”

Since the former Employment Security Commission did such a shoddy job handling the agency, Employers in South Carolina will see a decrease in the Federal Unemployment Tax credit (FUTA) for a few years.

You may remember the ESC reform debate earlier this year. We found the ESC was running up a debt to the Federal Government getting close to the tune of $1,000,000,000! Thats a billion dollars if you didn’t count the zeros. 1/3 third of those dollars were going to employers fired for cause. That’s right, you steal from your boss, get fired, you get paid to not work. Didn’t sound too logical to me either. Another problem was employers that intentionally gamed the system were paying the same rates of the employers that saw very little claims.

Since SC has an outstanding loan balance of more than two calendar years the federal government will begin implementing the FUTA tax credit reduction as a means of recouping the money.

Any good news? Yes. You may know that we passed legislation in the Spring to reform the agency (now the Department of Employment and Workforce - DEW) and revise the tax collection system. These revisions will prevent further FUTA credit reductions and also ensure a stable system going forward. The reduction that will take place this year will remain in place until the loans are repaid. Repayment is projected for 2015, but we have good reason to believe that it may occur sooner.

This reform would not have been possible without the the leadership of Sen. Greg Ryberg (R-Aiken), who chairs the Senate Labor, Commerce, & Industry Committee. Along with the LCI staff and the experts over at the Dept. of Commerce, we were able to rebuild the agency and stop the bleeding of the unemployment trust fund.

Update: I was contacted by Dr. Von Nessen in the DEW director’s office and need to make this clarification:

The reduction that will take place this year will remain in place until the loans are repaid. Is not entirely accurate. In 2011, DEW anticipates being able to make the necessary voluntary repayments of the loans that will allow for the credit to be restored (“avoid the credit reduction”). So, for the 2011 tax year (paid in January 2012), employers in South Carolina will face the standard 0.8% rate. We anticipate being able to “avoid the credit reduction” in each year between 2011 and 2015, so 2010 (paid in January 2011) is the only year businesses can expect to pay the higher federal tax rate.

“So it wouldn’t hurt my feelings at all if we pushed this whole things into next year,” he said. “There are a lot of people advocating for it, saying this is the best that we can get. But I’ve talked to a number of the conservatives today who have grave concerns. I know a lot of them won’t vote for it unless it’s paid for. I don’t think the Democrats are going to cut spending enough to pay for this.”

“I’m glad the President recognizes that tax increases hurt the economy. I mean, I guess that’s progress. But frankly, Hugh, most of us who ran this election said we were not going to vote for anything that increased the deficit. This does. It raises taxes, it raises the death tax. I don’t think we needed to negotiate that aspect of this thing away. I don’t think we need to extend unemployment any further without paying for it, and without making some modifications such as turning it into a loan at some point. It then encourages people to go back to work. So there’s a lot of problems with it. I mean, and frankly, the biggest problem I have, Hugh, is we don’t need a temporary economy, which means we don’t need a temporary tax rate. A permanent extension of our current tax rates would allow businesses to plan five and ten years in advance, and that’s how you build an economy.” read on

S 0117 General Bill, By Bryant, McConnell, Verdin, and Ryberg - TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, BY ADDING ARTICLE 109, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE GADSDEN FLAG SPECIAL LICENSE PLATES.

Whereas, Christopher Gadsden led the Sons of Liberty in South Carolina; and

Whereas, Christopher Gadsden was made a Colonel in the Continental Army during the Revolutionary War; and

Whereas, in 1775, Colonel Gadsden was representing South Carolina in the Continental Congress; and

Whereas, Colonel Gadsden and Congress appointed Esek Hopkins to serve as Commander in Chief of the Navy; and

Whereas, Colonel Gadsden presented Commodore Hopkins with a distinctive personal standard that is now recognized as the Gadsden Flag; and

Whereas, Colonel Gadsden presented a copy of the flag to the South Carolina legislature which identified the flag as “an elegant standard, such as it is to be used by the commander-in-chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle, in the attitude of going to strike, and these words underneath, ‘Don’t Tread on Me’”; and

Whereas, the Gadsden Flag has long been recognized as a symbol of American independence, freedom, and liberty. Now, therefore, Read the bill

Unsuspecting shoppers got a big surprise while enjoying their lunch. Over 100 participants in this awesome Christmas Flash Mob. This is a must see!