Archives > 1976 South Carolina Code of Laws - Previous Versions > 2008 Session > Title 59

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2008 session. The unannotated South Carolina Code, consisting only of Code text and numbering, may be copied from this website at the reader's expense and effort without need for permission.

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at LPITS@scstatehouse.net regarding any apparent errors or omissions in content of Code sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.

Title 59 - Education

CHAPTER 23.

SCHOOL BUILDINGS AND OTHER SCHOOL PROPERTY

ARTICLE 1.

SCHOOL BUILDING CODE [REPEALED]

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

SECTIONS 59-23-10 to 59-23-190. Repealed by 2003 Act No. 87, Section 2, eff July 16, 2003.

ARTICLE 2.

SCHOOL BUILDING CODES, SPECIFICATIONS, AND INSPECTIONS

SECTION 59-23-210. Construction, improvement, and renovation of public schools; compliance with the South Carolina School Facilities Planning and Construction Guide; committee members; submission of plans.

(A) All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.

This guide must be reviewed and updated on an annual basis by a committee appointed by the South Carolina Department of Education. The committee shall consist of a minimum of two architects and one engineer who are all registered in South Carolina and experienced in K-12 design, one K-12 school administrator, one representative of the K-12 construction industry, the State Fire Marshal or his designee, a representative of the Traffic Engineering Division of the South Carolina Department of Transportation, and two representatives of the South Carolina Department of Education. In addition, the Chairman of the House of Representatives Education and Public Works Committee or his designee and the Chairman of the Senate Education Committee or his designee shall also serve as members of the committee, ex officio.

(B) All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section must have plans and specifications submitted to the State Superintendent of Education or the superintendent's designee. Approval of the plans and specifications by the State Superintendent of Education or the superintendent's designee must be received before public bidding before the construction can begin. Plans and specifications must be coordinated with county officials such as traffic engineers and zoning administrators.

SECTION 59-23-220. Inspections; certificate of approval.

All construction, improvements, and renovation of public school buildings and property must be inspected by the State Superintendent of Education or the superintendent's designee for compliance with the applicable codes and standards.

A certificate of approval must be obtained from the State Superintendent of Education or the superintendent's designee before a building may be occupied.

SECTION 59-23-230. Waiver from applicable school building regulations; property owner permitted to lease building to school board for use as public school.

(A) Notwithstanding any other provision of law, the State Superintendent of Education is authorized to grant a waiver from applicable school building regulations relating to building square foot requirements for construction of a new public school building or for the conversion of an existing commercial building into a public school facility. As part of the waiver request, districts must supply documentation of the suitability of the property and justification for the waiver request.

(B) The authority granted the State Superintendent of Education under this section is superior to and supersedes provisions of applicable state school building regulations and the authority of a local building official or entity to disapprove the variances granted by the waiver. A provision of fire and life safety standards or specifications must not be waived.

(C) The property owner of a building considered appropriate for conversion to a public school by the State Superintendent of Education may lease its building to a local school board of trustees to be used as a public school within the district.

SECTION 59-23-240. Inspection of public schools required after waiver of school building regulations granted.

All construction, improvements, and renovation of public school buildings and property for which waivers have been granted pursuant to Section 59-23-230 must be inspected by the State Superintendent of Education or the superintendent's designee before occupancy for compliance with the applicable waivers and standards.

SECTION 59-23-250. Minimum lot requirements prohibited; acquisitions or additions on existing properties.

(A) Notwithstanding another provision of law, a requirement that public schools be constructed on a lot or parcel of certain minimum size is prohibited.

(B) School districts must receive approval from the South Carolina Department of Education prior to property acquisition or additions on existing properties.

ARTICLE 3.

CONVEYANCE OF BUILDINGS NO LONGER NEEDED FOR SCHOOL PURPOSES

SECTION 59-23-310. Conveyance of title to school building not necessary for school purposes authorized.

The trustees of any school district may convey, in fee simple, title to any school building within the district which is no longer needed for school purposes upon compliance with the provisions of Section 59-19-250.

SECTION 59-23-320. Certain conveyances or transfers prior to February 25, 1954 validated.

All conveyances or transfers made prior to February 25, 1954 to trustees even though not elected as formerly provided in this article are hereby validated, ratified and confirmed according to the terms and conditions of such deeds of conveyance.