H 4708 Session 110 (1993-1994)
H 4708 General Bill, By J.B. Wilder, J.M. Baxley and Walker
Similar(S 1154)
A Bill to amend Chapter 5, Title 10, Code of Laws of South Carolina, 1976,
relating to construction of public buildings for access by handicapped
persons, so as to adopt the requirements for accessibility for people with
physical disabilities in the Standard Building Code and to revise various
provisions in this Article to conform; to revise the ex officio members of the
South Carolina Board for Barrier-Free Design; to provide that the Board is
exempt from review under Chapter 20, Title 1; to provide that the Board is
administered by the Department of Labor, Licensing and Regulation which must
provide certain services and facilities; to authorize the Board to delegate
enforcement to county building officials or to the Department of Labor,
Licensing and Regulation; to authorize a person who is deprived of rights
under this Chapter to seek an injunction; and to amend Section 1-20-50, as
amended, relating to dates for termination of certain boards under review by
the Reorganization Commission, so as to delete the Board for Barrier Free
Design.
02/09/94 House Introduced and read first time HJ-30
02/09/94 House Referred to Committee on Labor, Commerce and
Industry HJ-30
A BILL
TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC
BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS
TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR
PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD
BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN
THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO
MEMBERS OF THE SOUTH CAROLINA BOARD FOR
BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS
EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO
PROVIDE THAT THE BOARD IS ADMINISTERED BY THE
DEPARTMENT OF LABOR, LICENSING AND REGULATION
WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES;
TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT
TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT
OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A
PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER
TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50,
AS AMENDED, RELATING TO DATES FOR TERMINATION OF
CERTAIN BOARDS UNDER REVIEW BY THE
REORGANIZATION COMMISSION, SO AS TO DELETE THE
BOARD FOR BARRIER-FREE DESIGN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 10 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"CHAPTER 5
Construction and Renovation of Public
Buildings and other Projects
Construction of Public Buildings for
Access by Persons with Disabilities
Section 10-5-210. The General Assembly hereby declares
that it shall henceforth be the policy of this State is to
encourage and enable persons who are physically handicapped
with disabilities to achieve maximum personal independence;
to become gainfully employed; to use and enjoy all
governmental buildings and facilities and all public buildings
and facilities; and to otherwise participate fully in all aspects of
society. The General Assembly resolves to enact legislation
necessary to implement this policy and the purpose of this article is to
begin this implementation.
Section 10-5-220. (A) Unless defined in this section, the
definitions in the Standard Building Code apply.
(B) As used in this article chapter:
(1) `Governmental buildings' shall include means
all buildings, structures, streets, and sidewalks and access
thereto to them used by the public or in which
physically handicapped persons with disabilities may
be employed that are constructed, purchased, leased, or rented
in whole or in part by use of state, county, or municipal funds
or the funds of any a political subdivision of the State;
and, to the extent not required otherwise by federal law or regulations or
not beyond the power of the State to regulate, all buildings and
structures used by the public which are constructed, purchased,
leased, or rented in whole or in part by use of federal funds.
(2) `Public buildings' shall include means all
buildings, structures, streets, and sidewalks and access
thereto to them used by the public or in which
physically handicapped persons with disabilities may
be employed that are constructed, purchased, leased, or rented
by the use of private funds, including rental apartment complexes of
twenty units or more and temporary lodging facilities of twenty units
or more, except that the provisions of this article shall
apply to chapter only applies to five percent of
those units or a minimum of one unit, whichever is the greater, and
provided, further, that the provisions of this article shall
chapter does not apply to a private residence.
(3) `Facilities' shall include means, but
are is not limited to, sidewalks,
curbings, and entrances giving access to governmental
buildings and or public buildings and accommodations
in those buildings available for use by the public or employees,
including bathroom facilities, toilet stalls, dining areas, drinking
fountains, phone booths, and lodging rooms or quarters.
(4) "Architectural barriers" shall include physical
design features that restrict access or full use of government buildings,
public buildings and their facilities by the aged, disabled or physically
handicapped. `Board' means the South Carolina Board for
Barrier-Free Design as established in this chapter.
(5) "Renovation" means a construction project where
at least thirty-five percent of the building or facility is changed.
`Private residence' means all single-family detached dwellings
and a single-family dwelling unit within a condominium, townhouse, or
other similar building, project, or complex that is sold to and intended
for use by a person as a residence.
Section 10-5-230. (A) There is created the South Carolina Board
for Barrier-Free Design which must be composed of six
nine members, six to be appointed by the Governor for
terms of four years and until their successors are appointed and qualify.
Not less No fewer than two appointed members of the
board must be physically handicapped who ambulate by use of
wheelchairs have mobility impairments and one appointed
member must be a licensed architect. Vacancies on the board must be
filled by appointment in the same manner as provided for
the original appointment for the remainder of the unexpired term.
The board shall also have In addition to the appointed
members the following three ex officio members shall serve on
the board:
(1) the Chairman of the Building Code Council
Director of the Department of Labor, Licensing and
Regulation;
(2) the Director of the State Department of Vocational
Rehabilitation; and
(3) the State Engineer employed by the Budget and Control
Board. The ex officio members may appoint proxies for their respective
offices. The ex officio members have all the powers, privileges, and
duties of the appointed members.
(B) The Board for Barrier-Free Design is exempt from
review under Chapter 20, Title 1.
Section 10-5-240. The board shall elect a chairman and
vice-chairman to serve for terms of two years each and until their
successors are elected and qualify. The board shall adopt rules for the
purpose of governing its internal proceedings. The board shall meet at
least once annually and at those other times as may be designated by the
chairman but in no event more than twice a month. Five members of the
board constitute a quorum at all meetings. All members of the board
must be paid the usual per diem, mileage, and subsistence as provided
by law for members of boards, committees, and commissions for days
on which they are on official business of the board, to be paid from the
general fund of the State. The board is administered by the
Department of Labor, Licensing and Regulation which shall provide
administrative services, office space, and other facilities as may be
required by the board to perform its functions.
Section 10-5-250. The board shall:
(1) Establish, publish and enforce minimum standards and
specifications necessary to eliminate architectural barriers to entry to and
use of governmental buildings, public buildings, and their facilities by
the aged, disabled or physically handicapped. In this connection the
board shall adopt the latest revisions of the Standard Building Code and
the American National Standards Institute specifications A117.1 with
such modifications as the board shall deem appropriate.
administer this chapter;
(2) enforce the requirements for accessibility for people with
disabilities, contained within the current edition of the Standard Building
Code, and as it may be amended, as published by the Southern Building
Code Congress International, Incorporated, or any successor
organization;
(3) promulgate rules and regulations to enforce
the provisions of this act and the aforesaid standards
chapter.
Section 10-5-253. The requirements for accessibility for people
with physical disabilities contained in the Standard Building Code are
adopted as the minimum standards for compliance with this chapter.
Section 10-5-257. No person may construct or alter or permit the
construction or alteration of a governmental building or a public
building or any facility of either unless the construction or areas being
altered are designed in compliance with the standards and regulations
adopted pursuant to this chapter.
Section 10-5-260. After January 1, 1975, no person may
construct or permit the construction of a governmental building or a
public building or any facility of either unless the building and facility
is designed in compliance with the standards and regulations adopted
pursuant to this article.
After January 1, 1975, no person may renovate or permit the
renovation of a governmental building or a public building or any
facility of either unless the portions or areas being renovated are
designed in compliance with the standards and specifications established
pursuant to this article.
It is the responsibility of the owner or the occupant of any
property which contains structural or building elements or components
required to be in compliance with this article, chapter
to continuously maintain these elements and components in a condition
that is safe and usable by handicapped persons with
disabilities at all times.
Section 10-5-270. The board may waive or modify any part of
the standards and the specifications established pursuant to this article
upon request, on a case by case basis, if the board determines: (a) the
purpose of this article can be fulfilled by an acceptable alternative to the
particular standard; (b) the incremental construction cost to conform
to the standards exceeds seven percent of the total construction or
renovation cost; (c) occupancy and employment practices would
generally exclude the use of a structure by handicapped persons due to
hazards and employment requirements; (d) usage or size of structures
would have minimal impact in facilitating the handicapped; or (e) the
building involved is identified or classified by national or state
jurisdictions as an "historic building" in which case no more
than one accessible entrance may be required except that no accessible
entrance may be required for so-called museum houses. In areas of the
State where building codes have been adopted and Building Boards of
Adjustments and Appeals established to review construction related
cases, these boards may carry out their normal function concerning code
requirements for facilities for the handicapped. These Building Boards
of Adjustments and Appeals shall consist of at least five members,
including one architect, one engineer, one member at large from the
building industry, one building contractor, and one member at large from
the public. Should the Board for Barrier-Free Design determine that
barrier-free design regulations are not being adequately enforced in any
jurisdiction the board may withdraw the authority of that jurisdiction to
make waivers or modifications and require that requests for these
exceptions must thereafter be referred to the Board for Barrier-Free
Design. In areas of the State where there is no Building Board of
Adjustments and Appeals, constituted as required by this section, all
requests for waiver or modification must be submitted to the Board for
Barrier-Free Design. However, the board may delegate authority to grant
waiver of standards and specifications to local authorities, state officials,
and municipal or county boards as it considers necessary and proper.
Appeals from the decisions of the authorities listed above may be made
to the Board for Barrier-Free Design. If the Board for Barrier-Free
Design denies a request for waiver or modification of the standards and
specifications it shall notify the person or governmental entity requesting
the waiver. Board action which denies a waiver application may be
appealed to the circuit court having jurisdiction where the building is
located.
Section 10-5-271. The board may make exceptions to the
provisions of this article for certain classes of buildings and facilities if
the board determines that such action is necessary and proper and is
based on one or more of the bases for granting waivers set forth in
Section 10-5-270.
Section 10-5-272. Notwithstanding any other provision of law, if
the incremental construction cost to conform a building to the standards
established pursuant to this article exceeds seven percent of the total
estimated construction or renovation costs, as certified in writing by the
architect or person in charge of construction, the provisions of this
article shall not apply to the construction or renovation of that building
on the floors above grade and shall not apply so as to require the
expenditure of more than seven percent of the total construction or
renovation cost on floors of grade level.
Section 10-5-273. The standards established pursuant to this
article do not apply to the floors above grade of any building where such
building does not exceed five thousand square feet in area for each floor,
does provide accessibility at grade floor levels, and does not provide
elevator service.
Section 10-5-280. The international symbol of access to the
physically handicapped shall for people with physical
disabilities must be permanently displayed at the entrance of
buildings and facilities that are in compliance with the standards
established pursuant to this article chapter.
Section 10-5-290. Any person who is injured, deprived of
employment, denied access to public buildings or facilities, or is
otherwise deprived of his rights as a citizen as declared in the statement
of state policy set forth in Section 10-5-210 may enforce his rights by
injunction and recover damages in a proper case in the court of common
pleas when his action is based on a violation of regulations promulgated
by the board.
Section 10-5-300. The enforcement of the provisions of this
article, including investigations, must be by the building official of
In areas of the State where counties and municipalities
which have properly adopted and enforce
building codes in accordance with Chapter 9, Title 6., the
board may delegate its enforcement authority of this chapter to the
building official to whom the board shall provide oversight and
assistance. Counties and municipalities may establish regional
agreements with other political subdivisions of the State to provide the
services required of the building official and to enforce the provisions
of this chapter. If a county or municipality does not have properly
adopted building codes, then the Chairman of the Building Code
Council In jurisdictions where the board has not delegated its
authority, the Department of Labor, Licensing and Regulation shall
enforce the provisions of this article chapter in that
county or municipality.
Section 10-5-310. AnyA person charged with
construction, renovation, erecting, remodeling
alteration, or maintenance of the structural or building elements
or components of any a governmental building
or public building who fails to comply with the provisions of this
article chapter after being notified to do so by the
appropriate inspector as enumerated in Section 10-5-300 is guilty
of a misdemeanor and, upon conviction, must be fined not more than
two hundred dollars or imprisoned for not more than thirty days. Each
day the violation exists constitutes a separate offense.
Section 10-5-320. (A) A person may seek injunctive relief to
correct a construction deficiency which is in violation of this chapter, or
a person who is injured, denied access to public buildings or facilities,
or is otherwise deprived of rights in violation of this chapter may bring
suit in the court of common pleas.
(B) The board or the persons empowered by the board
pursuant to Section 10-5-300 to enforce the provisions of this
article chapter shall notify any an
owner of property in violation of this article chapter to
comply with its provisions and make the necessary changes or
corrections within a reasonable time. In the event of noncompliance after
a reasonable time, the board or the persons empowered by Section
10-5-300 to enforce the provisions of this article chapter
shall bring suit the matter before an Administrative Law
Judge as provided under Article 5 of, Chapter 23
of, Title 1 to enjoin further construction of the building
or facility or to enjoin the use of the building or facility until it is in
compliance with the standards and specifications established
pursuant to this article chapter.
Section 10-5-330. A. Agencies of this State shall encourage, by
example, an environment that is barrier free to the handicapped.
B. After January 1, 1984, all All meetings and
conferences, in which particpation by the public is invited or
desirable, of any an agency of this State must be
held in a place and manner that is accessible to handicapped citizens,
including those who are handicapped in vision, hearing, or mobility,
unless there are compelling reasons otherwise such as the lack of any
such available meeting place persons with disabilities.
C. The South Carolina Board for Barrier Free Design must
establish and distribute minimum guidelines for determining the
accessibility of meeting places and must provide assistance to agencies
for the purpose of complying with this article."
SECTION 2. Section 1-20-50(A) of the 1976 Code, as last amended
by Act 611 of 1990, is further amended to read:
"(A) June 30, 1990, is the termination date for:
(1) Board of Funeral Services
(2) State Board of Examiners for Registered Environmental
Sanitarians [Not reauthorized]
(3) State Board of Social Work Examiners
(4) State Cemetery Board [Not reauthorized]
(5) Board for Barrier-Free Design (Reserved)
(6) Board of Landscape Architectural Examiners
(7) Board of Architectural Examiners
(8) Athletic Trainers' Advisory Committee".
SECTION 3. This act takes effect July 1, 1994.
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