S 1154 Session 110 (1993-1994)
S 1154 General Bill, By Lander, Matthews and Setzler
Similar(H 4708)
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 Senate Introduced and read first time SJ-9
02/09/94 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
03/24/94 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-22
03/30/94 Senate Read second time SJ-38
04/28/94 Senate Amended SJ-34
04/28/94 Senate Read third time and sent to House SJ-36
05/03/94 House Introduced, read first time, placed on calendar
without reference HJ-11
05/19/94 House Objection by Rep. Wells, Allison, Davenport &
Cato HJ-40
05/19/94 House Debate adjourned until Tuesday, May 24, 1994 HJ-40
05/24/94 House Objection by Rep. Vaughn, Sharpe, Witherspoon,
Harrison, R. Young, HJ-20
05/24/94 House Objection by Rep. Fulmer HJ-20
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
May 3, 1994
S. 1154
Introduced by SENATORS Lander, Matthews and
Setzler
S. Printed 5/3/94--H.
Read the first time May 3, 1994.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
Senate Bill 1154 would amend Chapter 5, Title 10 of the South
Carolina Code of Laws, 1976, relating to construction of public
buildings for access by handicapped persons. Section 10-5-230 revises
the board members for the South Carolina Board for Barrier-Free
Design from six to nine, Section 10-5-240 states that the board is to
be administered by the Department of Labor, Licensing, and
Regulation, and Section 1-20-50 is amended to delete the Board of
Barrier-Free Design from being reviewed for termination by the
Reorganization Commission.
The Department of Labor, Licensing, and Regulation - Professional
and Occupational Licensing Division, has indicated there will be no
fiscal impact to the General Fund of the State upon implementation of
this bill. The department will absorb any additional funding necessary
to implement.
House Bill 4708 is a companion bill to Senate Bill 1154.
Prepared By: Approved By:
Frances H. Barr George N. Dorn, Jr.
State Budget Analyst State Budget Division
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.
(6) `alteration' means a change to a governmental or public
building that affects the usability of the building or any part of the
building.
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.
In addition, all provisions of Titles II and III of the Americans with
Disabilities Act are adopted. In the event of conflict between the
provisions of the Americans with Disabilities Act and this chapter, the
more stringent requirement shall govern.
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 or modification application may be appealed to
an Administrative Law Judge as provided under Article 5 of Chapter
23 of Title 1.
(A) The construction or alteration of a governmental building
must be made in compliance with the standards and regulations
adopted pursuant to this chapter unless undertaking compliance would
result in an undue burden to the entity or individual who is responsible
for the affected structure. As used in this section, `undue burden'
means significant difficulty or expense.
(B) The construction or alteration of a public building must be
made in compliance with the standards and regulations adopted
pursuant to this chapter unless undertaking compliance is not readily
achievable for the entity or individual who is responsible for the
affected structure. As used in this section, `readily achievable' means
easily accomplishable and able to be carried out without much
difficulty or expense.
(C) In determining whether compliance would result in an undue
burden or whether compliance is not readily achievable, additional
factors to be considered include:
(1) the nature and cost of the compliance required under this
chapter;
(2) the overall financial resources of the site or sites involved
in the required compliance; the number of persons employed at the
site; the effect on expenses and resources; legitimate safety
requirements that are necessary for safe operation, including crime
prevention measures; or the impact otherwise of the compliance upon
the operation of the site;
(3) the geographic separateness and the administrative or fiscal
relationship of the site or sites in question to a parent corporation or
entity;
(4) if applicable, the overall financial resources of a parent
corporation or entity; the overall size of the parent corporation or
entity with respect to the number of its employees; the number, type,
and location of its facilities; and
(5) if applicable, the type of operation or operations of a parent
corporation or entity, including the composition, structure, and
functions of the workforce of the parent corporation or entity.
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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