(A)

1. (1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
2. (2) The cost of the criminal records check must not exceed eight dollars.
3. (3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.

(B)

1. (1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:

   1. (a) a felony;
   2. (b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or
   3. (c) an offense involving a controlled substance as provided for in Chapter 53, Title 44.

2. (2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.

   After the expiration of the ten-year period, it is within a fire chief's or other employer's discretion to determine whether or not to allow a person with a criminal record to perform firefighting duties.