H*3793 Session 108 (1989-1990)
H*3793(Rat #0457, Act #0400 of 1990) General Bill, By J.C. Hearn, J.M. Baxley and
J.B. Wilder
A Bill to amend Sections 10-5-230 and 10-5-240, Code of Laws of South
Carolina, 1976, relating to the South Carolina Board for Barrier-Free Design,
so as to further provide for the membership and officers of the Board; to
amend Section 10-5-260, relating to barrier-free standards of public
buildings, so as to provide that the owner or occupant of a property required
to have barrier-free elements or components shall maintain these elements or
components in a safe and usable condition; to amend Section 10-5-270, relating
to the waiver or modification of barrier-free standards, so as to further
provide for the enforcement, modification, and waiver of these standards and
specifications, and to require local building boards of adjustment appeals to
have certain members; to amend Section 10-5-273, relating to an exception to
these standards for buildings of a certain size so as to make certain
grammatical changes; to amend Section 10-5-290, relating to actions for
violation of regulations concerning barrier-free provisions, so as to further
provide for the regulations which give rise to these actions; to amend Section
10-5-300, relating to the enforcement of barrier-free standards, so as to
further provide for this enforcement; to amend Section 10-5-310, relating to
penalties for failing to comply with barrier-free standards, so as to provide
for additional acts which subject a person performing or failing to perform
them to these penalty provisions and to provide that each day the violation
exists constitutes a separate offense; and to amend Section 10-5-320, relating
to suits for injunction for noncompliance with barrier-free standards, so as
to further provide for those persons authorized to seek this injunctive
relief.-amended title
03/30/89 House Introduced and read first time HJ-5
03/30/89 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-5
04/25/89 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-200
05/09/89 House Amended HJ-27
05/09/89 House Read second time HJ-28
05/10/89 House Read third time and sent to Senate HJ-21
05/11/89 Senate Introduced and read first time SJ-24
05/11/89 Senate Referred to Committee on Labor, Commerce and
Industry SJ-25
02/13/90 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-18
02/20/90 Senate Amended SJ-16
02/20/90 Senate Read second time SJ-19
02/20/90 Senate Unanimous consent for third reading on next
legislative day SJ-19
02/21/90 Senate Read third time and returned to House with
amendments SJ-12
03/07/90 House Concurred in Senate amendment and enrolled HJ-63
03/29/90 Ratified R 457
04/03/90 Signed By Governor
04/03/90 Effective date 04/03/90
04/03/90 Act No. 400
05/08/90 Copies available
(A400, R457, H3793)
AN ACT TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE
DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE
BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF
PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OR OCCUPANT OF A
PROPERTY REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL
MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO
AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF
BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT,
MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO
REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN
MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE
STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO MAKE CERTAIN
GRAMMATICAL CHANGES; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR
VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO
FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO
AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE
STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND
SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH
BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH
SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY
PROVISIONS AND TO PROVIDE THAT EACH DAY THE VIOLATION EXISTS CONSTITUTES
A SEPARATE OFFENSE; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR
INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO
FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE
RELIEF.
Be it enacted by the General Assembly of the State of South Carolina:
Membership revised
SECTION 1. Section 10-5-230 of the 1976 Code is amended to read:
"Section 10-5-230. There is created the South Carolina
Board for Barrier-Free Design which must be composed of six members to
be appointed by the Governor for terms of four years and until their
successors are appointed and qualify. Not less than two appointed members
of the board must be physically handicapped who ambulate by use of
wheelchairs 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 the following three ex officio
members: (1) the Director of Building Codes and Regulatory Services of
the Division of General Services of the State Budget and Control Board;
(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."
Officers revised
SECTION 2. Section 10-5-240 of the 1976 Code is amended to read:
"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 an agency of the State Budget and Control
Board and the Division of General Services shall provide administrative
support services such as office space, clerical assistance, and other
facilities as may be required by the board to perform its prescribed
functions."
Responsibility for maintenance
SECTION 3. Section 10-5-260 of the 1976 Code is amended to read:
"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, to continuously maintain
these elements and components in a condition that is safe and usable by
handicapped persons at all times."
Modification of standards and membership of local boards
SECTION 4. Section 10-5-270 of the 1976 Code is amended to read:
"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 d
access to public buildings or facilities, or is otherwise deprived of his
righine 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."
Grammatical changes
SECTION 5. Section 10-5-273 of the 1976 Code is amended to read:
"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 seven thousand five hundred square feet in
area for each floor, does provide accessibility at grade floor levels,
and does not provide elevator service."
Regulation reference revised
SECTION 6. Section 10-5-290 of the 1976 Code is amended to read:
"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."
Enforcement responsibilities revised
SECTION 7. Section 10-5-300 of the 1976 Code is amended to read:
"Section 10-5-300. The enforcement of the provisions of
this article, including investigations, must be by the building official
of counties and municipalities which have properly adopted building codes
in accordance with Chapter 9, Title 6. 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 State Director of
Building Codes and Regulatory Services of the State Budget and Control
Board shall enforce the provisions of this article in that county or
municipality."
Penalties revised
SECTION 8. Section 10-5-310 of the 1976 Code is amended to read:
"Section 10-5-310. Any person charged with construction,
renovation, erecting, remodeling or maintenance of the structural or
building elements or components of any governmental or public building
who fails to comply with the provisions of this article 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."
Parties who may request injunctions
SECTION 9. Section 10-5-320 of the 1976 Code is amended to read:
"Section 10-5-320. The board or the persons empowered by
Section 10-5-300 to enforce the provisions of this article shall notify
any owner of property in violation of this article 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 shall bring suit in any court of competent
jurisdiction 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."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Approved the 3rd day of April, 1990.
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