AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-255 SO AS TO PROVIDE FOR FIRE AND BUILDING CODE EXCEPTIONS FOR PLACEMENT OF HOSPITAL BEDS IN HALLWAYS, CORRIDORS, OR OTHER MEANS OF EGRESS DURING JUSTIFIED EMERGENCIES.
H. 5164 amends South Carolina law to create a limited exception allowing hospitals to place patient beds in hallways, corridors, or other means of egress during a “justified emergency.” The bill defines justified emergencies broadly to include declared emergencies, natural or manmade disasters, mass casualty incidents, chemical/biological/radiological/nuclear events, outbreaks of contagious disease, and situations where an emergency department has exhausted all available treatment space.
Under the bill, a designated member of the emergency department leadership team must determine that all appropriate treatment space has been exhausted and that patient safety would be jeopardized without using beds in these areas. That determination must be documented on a Department of Public Health electronic form within seven days, and hospitals must keep records and submit the forms at least quarterly. The bill also requires hospitals to remove beds from hallways when not needed, maintain clear pathways and unobstructed exits, avoid blocking fire protection systems, and adopt written emergency protocols for staff.
The bill’s impact is to carve out a narrow statutory exception to fire and building code-related restrictions on placing beds in egress areas, while preserving safety requirements and documentation duties. It affects hospitals, emergency departments, hospital leadership, and the Department of Public Health, and it interacts with existing building code definitions and fire safety standards referenced in state law.
The general sentiment appears strongly supportive and noncontroversial in the available record. The House passed the bill unanimously, 106-0, suggesting broad agreement that hospitals need flexibility during extraordinary surges or disasters while still maintaining oversight and safety controls.
No formal committee debate is provided, but the structure of the bill suggests the main policy balance is between emergency operational flexibility and fire/life-safety protections. Any potential concern would likely center on whether allowing beds in hallways could create safety risks, obstruct egress, or weaken code compliance, while supporters would emphasize the need for hospitals to manage overflow during crises.
The bill adds new Section 44-7-255 to Title 44 of the South Carolina Code, creating a statutory exception to otherwise applicable fire and building code restrictions for hospitals during defined emergency conditions. It requires hospitals to document the emergency, maintain records, submit quarterly reports to the Department of Public Health, and adopt written protocols, while also preserving requirements to keep exits clear and avoid obstructing fire protection systems. The measure primarily affects hospitals and emergency departments, and it gives the Department of Public Health a role in form development and oversight.
The available voting history indicates strong bipartisan support and little apparent opposition. The House passed the bill 106-0, which suggests the measure was viewed as a practical emergency-management tool rather than a controversial policy change. No committee transcript is available, but the unanimous vote points to a broadly favorable sentiment toward giving hospitals limited flexibility during crises.
The main policy tension in the bill is between emergency capacity and safety/code compliance. Supporters are likely to favor the ability to use hallway beds when hospitals are overwhelmed by disasters, outbreaks, or mass casualty events, while any critics would likely worry about patient safety, blocked egress, and interference with fire protection systems. The bill addresses those concerns by limiting the exception to defined emergencies, requiring leadership approval and documentation, and preserving clear-path and fire-system protections.