H*3450 Session 108 (1989-1990)
H*3450(Rat #0688, Act #0560 of 1990) General Bill, By R.B. Brown and
T.M. Burriss
A Bill to amend Chapter 43, Title 23, Code of Laws of South Carolina, 1976,
relating to the South Carolina Modular Buildings Construction Act, so as to
further provide for the regulation of the construction of modular building
units in this State, for the definition of "modular building units" and other
homes subject to the provisions of this Act, for the licensing of persons
authorized to construct these units, for certification of units constructed in
other states, for the manner in which certain fees are set, for the surety
bonding or other security required of licensees, and for the authorization of
the Building Codes Council to seek certain injunctive relief against local
governments.-amended title
02/08/89 House Introduced and read first time HJ-10
02/08/89 House Referred to Committee on Labor, Commerce and
Industry HJ-10
03/22/89 House Committee report: Favorable Labor, Commerce and
Industry HJ-49
03/29/89 House Debate adjourned until Tuesday, April 4, 1989 HJ-28
04/04/89 House Objection by Rep. Rudnick, Blanding & Baxley HJ-24
02/22/90 House Objection withdrawn by Rep. Blanding & Baxley HJ-18
03/01/90 House Debate interrupted HJ-18
03/06/90 House Amended HJ-14
03/06/90 House Read second time HJ-14
03/07/90 House Read third time and sent to Senate HJ-21
03/07/90 Senate Introduced and read first time SJ-17
03/07/90 Senate Referred to Committee on Labor, Commerce and
Industry SJ-17
05/08/90 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-15
05/10/90 Senate Amended SJ-28
05/10/90 Senate Read second time SJ-29
05/15/90 Senate Read third time and returned to House with
amendments SJ-11
05/30/90 House Concurred in Senate amendment and enrolled HJ-33
06/05/90 Ratified R 688
06/11/90 Signed By Governor
06/11/90 Effective date 06/11/90
06/11/90 Act No. 560
07/06/90 Copies available
(A560, R688, H3450)
AN ACT TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION
ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION
OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF
"MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE
PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO
CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER
STATES, FOR THE MANNER IN WHICH CERTAIN FEES ARE SET, FOR THE SURETY
BONDING OR OTHER SECURITY REQUIRED OF LICENSEES, AND FOR THE
AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE
RELIEF AGAINST LOCAL GOVERNMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Modular Buildings Construction Act revised
SECTION 1. Chapter 43, Title 23 of the 1976 Code, as last amended
by an act of 1990 bearing ratification number 432, is further amended
to read:
"Section 23-43-10. This chapter may be cited as The South
Carolina Modular Buildings Construction Act.
Section 23-43-20. As used in this chapter:
(1) `Division' means the Division of General Services, State
Budget and Control Board.
(2) `Council' means the South Carolina Building Codes
Council as established by Section 6-9-60.
(3) `Modular building unit' means any building of closed
construction, regardless of type of construction or occupancy
classification, other than a mobile or manufactured home, constructed
off-site in accordance with the applicable codes, and transported to
the point of use for installation or erection.
(4) `Installation' means the assembly of modular building
structures on-site and the process of affixing modular buildings
related components to land, a foundation, footings, utilities, or an
existing building.
(5) `Local government' means any political subdivision of
the State with authority to establish standards and requirements
applicable to the construction, installation, alteration, and repair
of buildings.
(6) `Mobile home' or `manufactured home' means any
residential dwelling unit constructed to standards and codes as
promulgated by the United States Department of Housing and Urban
Development.
(7) `Approved inspection agency' means an agency approved
by the council to provide plan review and approval, evaluation, and
inspection in addition to adequate follow-up services at the point of
manufacture to insure that production units are in full compliance
with the provisions of this chapter.
(8) `Point of manufacture' means the place of business at
which machinery, equipment, and other capital goods are assembled and
operated for the purpose of fabricating, constructing, or assembling
modular building units.
(9) `Fees' means monies to be paid to the council from any
person engaged in the manufacture, inspection, or installation of
modular building units.
(10) `Certification' means conforming to the regulations of the
council.
(11) `Certification label' means the approved form of
certification by the council issued to the manufacturer that is
permanently affixed to each transportable section of each factory-built modular structure for sale within the State.
Section 23-43-30. It is the policy and purpose of this State
to provide protection to the public against possible hazards and to
promote sound building construction and for that purpose to forbid the
sales, rental, and use of new modular building units which are not so
constructed as to provide safety and protection to their owners and
users. Because of the nature of the construction of modular building
units, their assembly and use and that of their systems, including
heating, cooling, plumbing, and electrical which may have concealed
parts, there may exist hazards to the health, life, and safety of
persons or property which are not easily ascertainable by purchasers,
users, and local building officials.
Section 23-43-40. The council may promulgate regulations for the
proper enforcement and implementation of this chapter. Promulgated
regulations must incorporate the Standard Building Code and nationally
recognized codes as defined by Section 6-9-60.
Section 23-43-50. The division shall provide administrative
support to the council and the Modular Buildings Board of Appeals in
their duties required by this chapter. The Division of General
Services shall supervise enforcement of this chapter and regulations
promulgated by authority of this chapter and shall employ and
supervise personnel necessary to carry out its duties.
Section 23-43-60. The Modular Buildings Board of Appeals
consisting of seven members is established. Members of the board must
be appointed by the Governor for terms of four years and until their
successors are appointed and qualify. The board shall include a
registered architect, a registered mechanical engineer, a registered
structural engineer, one building official, one fire prevention
employee of a fire department, one licensed modular building
manufacturer, and one member of the general public. The board's
primary responsibility is to hear appeals and approve or disapprove
requested variances from this chapter's provisions. Variances are
limited to those instances which are ruled to be equivalent or meet
the intent of this chapter. The basis of the decision must be
published with the variance order.
The members shall receive that mileage, subsistence, and per diem
as provided by law for members of boards, committees, and commissions
for attendance at board meetings called by the chairman.
Section 23-43-70. The division shall have printed all
regulations prescribing standards for modular building units, and they
must be furnished upon request to the public.
Section 23-43-80. Modular buildings must be certified by the
council, as complying with this chapter and the regulations
promulgated by authority of this chapter, if they have been
manufactured in accordance with approved building systems and passed
inspection in accordance with an approved compliance assurance
program. Certification is evidenced by the attachment to each modular
building, a label issued by the council. Certification labels can only
be attached to a modular building by the manufacturer under the
supervision of the approved inspection agency. A certified modular
building may not be altered in any way prior to the issuance of all
permits required by local government without the council's approval.
Section 23-43-90. The council may authorize the approved
inspection agency to perform all or part of the inspection and
certification of a modular building.
Section 23-43-100. Modular building units certified pursuant to
this chapter are considered to comply with the requirements of all
laws, ordinances, and regulations of this State or of local
governments which govern the matters within the scope of the approval
and certification applicable to modular building units, including
those bearing upon technologies, techniques, and materials, or the
safety of buildings or building components. Local codes enforcement
agencies shall issue building permits for certified modular building
units, prior to installation, and issue certificates of occupancy
after they have been installed and inspected pursuant to this chapter.
Any modular building unit found not to comply with this chapter must
be brought into compliance before the certificate of occupancy is
issued. In the absence of a local building official, the certificate
must be issued by the chief administrative officer of the local
government.
Section 23-43-110. The division shall suspend or revoke, or
cause to be suspended or revoked, the certification of any modular
building unit which the council finds not to comply with this chapter
or regulations promulgated by authority of this chapter, or which has
been manufactured pursuant to a building system or compliance
assurance program as to which approval has been suspended or revoked,
or which has been altered after certification. If the manufacturer
fails to comply with a corrective order, labels of certification must
be removed from any modular building unit until it is brought into
compliance with this chapter and applicable regulations. Notice of
suspension or revocation of certification must be in writing with the
reasons for suspension or revocation set forth. Suspensions or
revocations may be appealed to the Modular Buildings Board of Appeals.
Section 23-43-120. The Modular Buildings Board of Appeals may
upon appeal in specific cases authorize variance from regulations to
permit certain specified alternatives where the objectives of this
chapter may be fulfilled by other means. The basis of its decision
must be incorporated into its variance orders.
Section 23-43-130. Modular building units bearing evidence of
approval must be acceptable in all localities as meeting the
requirements of this chapter and must be considered and accepted
equivalent to a site-built structure as meeting the requirements of
safety to life, health, and property imposed by any ordinance of any
local government if the units are erected or installed in accordance
with all conditions of the approval. Local land use and zoning
requirements, fire zones, building setback requirements, site
development requirements, subdivision control, and on-site
installation requirements, as well as the review and regulation of
aesthetic requirements, are specifically and entirely reserved to
local authorities. Those local requirements and rules which may be
enacted by local authorities must be reasonable and uniformly applied
and enforced without any distinction as to whether a building is a
modular or constructed on site in a conventional manner. All local
building officials shall enforce the provisions of this chapter and
applicable regulations. In localities with no building official, the
State Fire Marshal, the Building Codes Council, or the South Carolina
Residential Homebuilders Commission, within their authority, shall
enforce.
Section 23-43-140. The division may at all reasonable hours enter
any modular building unit, upon complaint of any person having a
direct interest therein, for examination as to compliance with the
regulations of the council. Whenever the officer finds any violation
of the regulations, he shall order the manufacturer to bring the unit
into compliance, within a reasonable time, to be fixed in the order.
If the manufacturer feels aggrieved by the order, it may, within ten
days after receipt, appeal to the Modular Buildings Board of Appeals.
The manufacturer's complaint must be reviewed by the Modular Buildings
Board of Appeals. Unless a variance is granted, the order shall
remain in force and must be complied with by the manufacturer.
Section 23-43-150. No person may engage in the business of
selling wholesale or retail as a manufacturer or manufacturer's
representative of modular building units without being licensed by the
council. All license applications must be accompanied by the required
fee and a surety bond or other security approved by the council and in
an amount set by the council. A separate license and bond or security
is required for each manufacturing facility.
All licenses must be granted or refused within forty days after
proper application. All licenses expire June thirtieth of each year,
unless sooner revoked or suspended.
Fees charged must be established by the council.
Each manufacturer's license must be issued in the business name
of the manufacturer. Each manufacturer's representative's license
must be issued in the name of the representative.
The council shall prescribe the form of license. All
representative's licenses must be sent to the resident address of the
licensee. All manufacturer's licenses must be sent to the address of
that place of business.
Pursuant to its regulations, the council may deny the issuance of
or revoke or suspend any license.
Section 23-43-160. The council may establish various fees for the
proper enforcement and implementation of this chapter. These fees
must be established by regulations promulgated by the council in
accordance with the Administrative Procedures Act. Fees may be
charged to any person engaged in the manufacture, inspection, or
installation of modular building units. All funds derived from fees
must be deposited in the general fund of the State.
Section 23-43-170. (A) If the council finds that the standards
for the manufacture and inspection of modular building units
prescribed by statute or rules and regulations of another state, or
other governmental agency, meet the objectives of this chapter and
applicable regulations and are enforced satisfactorily by the other
state, or other governmental agency, or by their agents, the council
shall enter into product reciprocity with and accept modular building
units which have been certified by the other state or governmental
agency. The standards of another state are not considered to be
satisfactorily enforced unless the other state provides for
notification to the council of suspensions or revocations of approvals
issued by the other state.
(B) The council shall suspend or revoke, or cause to be
suspended or revoked, its acceptance or certification, or both, of
certified modular building units if it determines that the standards
for the manufacture and inspection of the modular building units of
another state or other governmental agency do not meet the objectives
of this chapter and applicable regulations, or that the standards are
not being enforced to the satisfaction of the council. Notice of the
suspension or revocation must be in writing with the reasons set
forth. Appeals from suspension or revocations must receive timely
review.
(C) If another state or governmental agency or its agent
suspends or revokes its approval or certification, the acceptance or
certification, or both, granted under this section must be suspended
or revoked accordingly.
(D) The council shall cooperate with similar authorities in
other jurisdictions and with nationally recognized codes and standards
organizations in developing mutually acceptable methods and procedures
for testing, evaluating, approving, and inspecting modular building
units and otherwise encouraging their production and acceptance.
Section 23-43-180. The council may obtain injunctive relief from
any court of competent jurisdiction to enjoin the sale, delivery, or
installation of modular building units or of buildings utilizing such
components, for which certification is required under this chapter,
upon an affidavit of the council specifying the manner in which the
modular building units do not conform to the requirements of this
chapter or applicable regulations.
The council may obtain injunctive relief from any court of
competent jurisdiction to enjoin any local government from
promulgating, adopting, or enforcing any ordinance, rules,
regulations, or construction codes and standards for modular building
units which are not consistent with this chapter.
Section 23-43-190. Any person in an individual capacity, or on
behalf of a class of persons, damaged as a result of a violation of
this chapter or applicable regulations has a cause of action in any
court of competent jurisdiction against the person to whom the label
evidencing certification has been issued with respect to the pertinent
modular building units, or, if it is not certified, against the
manufacturer of the pertinent modular building units. An award may
include damages and the cost of litigation including reasonable
attorneys' fees. The cause of action created by this section is
subject to the same limitations period applicable in this State for
causes of action of similar nature.
Section 23-43-200. Any person violating any of the provisions of
this chapter or regulations made by its authority is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of not
more than five hundred dollars for each violation a day. All funds
derived from fines must be deposited in the general fund of the
State."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1990.
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