S 140 Session 109 (1991-1992)
S 0140 General Bill, By McConnell and M.T. Rose
A Bill to amend Chapter 9, Title 6, as amended, Code of Laws of South
Carolina, 1976, relating to building codes, so as to revise the requirements
for the codes, counties, and municipalities, revise the membership of the
Building Codes Council, revise penalties, provide for duties of the State Fire
Marshal and Deputy Fire Marshals, and provide for limited application of the
Chapter; and to amend the 1976 Code by adding Chapter 8 to Title 6 so as to
provide for building codes enforcement officers.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Labor, Commerce and Industry
01/08/91 Senate Introduced and read first time SJ-61
01/08/91 Senate Referred to Committee on Labor, Commerce and
Industry SJ-62
02/26/91 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-10
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 26, 1991
S. 140
Introduced by SENATORS McConnell and Rose
S. Printed 2/26/91--S.
Read the first time January 8, 1991.
THE COMMITTEE ON LABOR, COMMERCE AND
INDUSTRY
To whom was referred a Bill (S. 140), to amend Chapter 9, Title 6,
as amended, Code of Laws of South Carolina, 1976, relating to building
codes, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendments:
Amend the bill, as and if amended, page 7, line 10, by inserting after
the word /use/ the following /or one that is used by the public on
a regular basis/ .
Amend title to conform.
Amend the bill, as and if amended, page 9, by striking Section 2 in
its entirety.
Amend sections to conform.
Amend title to conform.
Amend the bill, as and if amended, page 5, line 14, in Section 6-9-60,
by striking /The council shall must include an architect
registered in South Carolina, representatives from the
Municipal Association of South Carolina, the South Carolina
Association of Counties,/ and inserting /The council shall
must include an architect registered in South Carolina,
representatives from the Municipal Association of South Carolina,
and the South Carolina Association of Counties,/ .
Amend title to conform.
J. VERNE SMITH, for Committee.
A BILL
TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING
CODES, SO AS TO REVISE THE REQUIREMENTS FOR THE
CODES, COUNTIES, AND MUNICIPALITIES, REVISE THE
MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE
PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE
MARSHAL AND DEPUTY FIRE MARSHALS, AND PROVIDE FOR
LIMITED APPLICATION OF THE CHAPTER; AND TO AMEND
THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO
PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 6 of the 1976 Code, amended by Act
24 of 1987, which added Section 6-9-65, is further amended to read:
"CHAPTER 9
Building, Housing, Electrical, Plumbing
and Gas Codes
Section 6-9-10. The governing body of any incorporated
municipality or county All municipalities, as defined by Section
5-1-20, and counties in this State is authorized to
shall adopt building, housing, electrical, plumbing,
and mechanical, gas, and fire codes,
referred to as building codes in this chapter, relating to the
construction, livability, sanitation, erection, installation of
equipment, alteration, repair, occupancy, or removal of buildings
and structures located within its jurisdiction their
jurisdictions and promulgate regulations to implement the
codes their enforcement. The municipality or county
may adopt only the national, regional, or model codes provided in
Section 6-9-50.
The codes and the implementing regulations may embrace matters
such as the preparation and submission of plans and specifications; the
issuance of permits; standards governing the kind, quality, and
performance of materials, equipment, and workmanship; the
establishment of fire zones; fireproofing; means of egress and ingress;
floor-area-per-occupant requirements; sanitary facilities and proceedings
for the correction of unsafe, unsanitary, or inadequate structures.
The codes and regulations may only be adopted by reference to
national, regional, or model codes listed in Section 6-9-60 and to certain
special provisions approved by the South Carolina Building Code
Council. Nothing in these codes or regulations may extend to or be
construed as being applicable to the regulation of the design,
construction, location, installation, or operation of equipment or
facilities used in the generation, transmission, distribution, or
communication of a public or private utility or electric or telephone
membership cooperatives, other than buildings used primarily for offices
or residential housing nor to equipment or facilities already subject to
regulation by the Liquefied Petroleum Gas Board.
With the exception of structures used primarily for offices,
storage, warehouses, shop areas, or residential housing, nothing in the
building codes or regulations applies to a public utility corporation
subject to regulation by the authorities of the South Carolina Public
Service Commission or the Liquefied Petroleum Gas Board.
Section 6-9-20. County Municipalities and
municipal bodies are authorized to counties may
establish regional agreements with other political subdivisions of the
State to issue building construction permits and enforce
building, electrical, plumbing, gas, housing, and other
codes in order to provide the services required in this chapter
and more effectively carry out the provisions of this chapter.
Section 6-9-30. The county and municipal governing bodies may
appoint building, electrical, plumbing, gas, and housing inspectors and
employ other assistants as they may consider necessary and may
prescribe fees or charges for permits and inspections. All
counties shall appoint a building official or contract with other political
subdivisions as authorized in Section 6-9-20 so that the total county area
is under the jurisdiction of a building official. Municipalities may
appoint a building official or contract with the county building official
within the municipal limits. Based on the needs established by each
municipality or county, the building official or appointing authority may
appoint and employ other personnel and assistants necessary to perform
the required inspections and duties and may prescribe fees for
construction permits and inspections. The appointment of a building
official and the establishment of a building inspection program for all
municipalities and counties must be accomplished according to the
following dates and populations based on the population figures of the
latest official United States Census:
(1) municipalities and counties with a population above
50,000: July 1, 1992;
(2) municipalities and counties with a population of
25,000 to 50,000: July 1, 1993;
(3) municipalities and counties with a population under
25,000: July 1, 1994.
Section 6-9-40. Prior to adoption of any of the codes or
regulations permitted in this chapter, the governing body shall hold
public hearings on the codes or regulations. Not less than fifteen days'
notice of the time and place of the hearings must be published in a
newspaper of general circulation in the county. The building
codes and standards referenced in Section 6-9-50 must be adopted
within six months after the establishment of a building inspection
department. State agency adoption of a building code or regulation
permitted by this chapter must be accomplished in accordance with the
Administrative Procedures Act.
Section 6-9-50. County governing bodies have the authority to
establish codes and promulgate regulations under this chapter for the
entire unincorporated area of the county or for any specified portion of
the unincorporated area. Municipalities and counties shall adopt
by reference only the latest editions of the following nationally known
codes and the standards referenced in the codes for regulation of
construction within their respective jurisdictions: Standard Building
Code, Standard Gas Code, Standard Plumbing Code, Standard
Mechanical Code, and the Standard Fire Prevention Code, as published
by the Southern Building Code Congress International, Inc., and the
National Electrical Code, as published by the National Fire Protection
Association. The appendixes of the codes provided in this section may
be adopted as needed by a municipality or county, but this fact must be
referenced by name or letter designation in the adoption ordinance.
Section 6-9-60. Municipalities or and counties
are authorized to may adopt by reference only the latest
editions of the following nationally known codes and the standards
referenced in the codes for regulation of construction within their
respective jurisdictions: Standard Building Code, Standard
Housing Code, Standard Gas Code, Standard Plumbing Code,
Standard One and Two Family Dwelling Code, Standard Mechanical
Code, Standard Fire Prevention Code, Standard Existing
Buildings Code, Standard Swimming Pool Code, the
Standard Excavation and Grading Code, National Electrical Code,
and National Fire Protection Association Gas Codes as
published by the Southern Building Code Congress International, Inc.,
and the One and Two Family Dwelling Code, as published by the
Council of American Building Officials. The appendixes of the
codes provided in this section may be adopted as needed by a
municipality or county, but this fact must be referenced by name or letter
designation in the adopting ordinance.
Should any city, town, If a municipality or county
contend contends that the codes authorized by this
chapter do not meet its needs due to local physical or climatological
conditions, the variations and modifications must be submitted for
approval to a the South Carolina Building Code
Codes Council of thirteen members which is established
in this section. Members of this the council must be
appointed by the Governor for terms of four years each and until a
successor is appointed and qualified. The council shall
must include an architect registered in South Carolina,
representatives from the Municipal Association of South Carolina,
the South Carolina Association of Counties, the Building Officials'
Association of South Carolina, South Carolina Building Trade
Council, a municipal certified building official, a county
certified building official, a representative from of
the electric utility electrical industry who is either
an engineer or master electrician registered in South Carolina, a
representative of the Carolinas Branch of the Associated General
Contractors of America, Inc., representatives from the gas, electric, and
plumbing industries, a representative of the Home Builders Association
of South Carolina, a general contractor, a residential home
builder licensed in South Carolina, a handicapped person, and
the Chief Engineer of the State Budget and Control Board a
representative of the mechanical and gas industries who is either an
engineer registered in South Carolina or a master mechanic, a
representative of the plumbing industry who is either an engineer
registered in South Carolina or a master plumber, a representative
designated by the Chief Engineer of the State Budget and Control Board,
a structural engineer registered in South Carolina, a certified building
inspector, and a representative designated by the State Fire Marshal.
At least one member of the council must be a member of each of the
congressional districts, to be appointed, if positions become vacant, in
the order provided below or as resignations occur. A vacancy
must be filled in the manner of the original appointment for the
unexpired portion of the term. The primary function of the council
is to decide to what extent any a jurisdiction may vary
from the series of codes listed in this section chapter in
the establishment of construction standards. The council shall
monitor the adoption of building codes by cities
municipalities and counties to insure compliance with this
chapter.
Of the members initially appointed by the Governor, four shall
serve for terms of two years, four shall serve for four years, and five
shall serve for terms of six years. After the initial appointment, all
appointments are for terms of six years.
Members of the council shall receive mileage, subsistence, and per
diem as provided for other state boards, committees, or commissions for
attendance at board meetings called by the chairman. The Division of
General Services of the State Budget and Control Board shall provide
personnel for enforcement of the laws and regulations of the South
Carolina Building Code Codes Council and shall
employ and supervise personnel necessary to carry out the
its duties of the council
Within thirty days after its appointment the council shall meet on
call by the Chief Engineer of the State Budget and Control Board.
The council shall elect from its appointive members a
chairman, vice-chairman, and secretary. The council shall
adopt regulations not inconsistent with this chapter. Meetings may be
called by the chairman on his own initiative and must be called by him
at the request of three or more members of the council. All members
must be notified by the chairman in writing of the time and place of
meeting at least seven days in advance of the meeting. Seven members
constitute a quorum. All meetings are open to the public. At least
two-thirds vote of those members in attendance at the meeting
constitutes an official decision of the council.
Section 6-9-65. (A) For purposes of this section, 'farm structure'
means a structure which is constructed on a farm, other than a residence
or a structure attached to it, for use on the farm,
including, but not limited to, barns, sheds, and poultry houses,
but not public livestock areas. For purposes of this section, 'farm
structure' does not include a structure originally qualifying as a 'farm
structure' but later converted to another use.
(B) The governing body of a county or municipality may not
enforce that portion of any a nationally recognized
building code it has adopted which regulates the construction or
improvement of a farm structure. Standards for flood plain management
by the Southern Building Code Congress International apply.
(C) The provisions of this section do not apply unless prior
to before constructing a farm structure the person owning
the property on which the structure is to be constructed files an affidavit
with the county or municipal official responsible for enforcing the
building code stating that the structure is being constructed as a farm
structure. The affidavit must include a statement of purpose or intended
use of the proposed structure or addition.
(D) This section does not affect the authority of the governing body
of a county or municipality to issue building permits prior to
before the construction or improvement of a farm structure.
Section 6-9-70. The violation of any of the codes or regulations
adopted pursuant to the provisions of this chapter is declared to be a
misdemeanor, and any A person violating the
building codes or regulations adopted pursuant to the
provisions of this chapter is guilty of a misdemeanor and, upon
conviction, must be punished by a fine fined not to
exceed one more than two hundred dollars or
imprisonment of imprisoned for not more than thirty
days, or both. Each day the violation continues is a separate
offense.
Section 6-9-80. In case of any For a violation of
or proposed violation of the building codes or
regulations adopted pursuant to this chapter, the South Carolina Building
Code Codes Council, the local building
inspectors officials, municipal or county attorneys, or
other appropriate authority authorities of the
a political subdivision, or any an adjacent or
neighboring property owner who would be damaged by the violation
may, in addition to other remedies, may apply for
injunctive relief, mandamus, or other appropriate proceeding to
prevent, correct, or abate the violation or threatened violation.
Section 6-9-90. County or municipal governing bodies are
authorized to may appropriate and expend funds to
implement the provisions of this chapter.
Section 6-9-100. The provisions of this chapter are cumulative to
other authority of counties and municipalities local
ordinances and do not limit the authority of counties and
or municipalities.
A city or county that has adopted any of the national, regional, or
model codes or any other code prior to May 1, 1982, may continue its
use.
Section 6-9-110. In no event may any A county,
municipal, or other local ordinance or regulation which requires the
purchase or acquisition of a permit, license, or other device utilized to
enforce any a building standard be construed to
does not apply to any a state department,
institution, or agency permanent improvement project, construction
project, renovation project, or property. After successful completion
of all requirements, the State Fire Marshal shall certify personnel of the
Chief Engineer's Office of the State Budget and Control Board
designated by the Chief Engineer. The certified personnel and deputy
state fire marshals have exclusive jurisdiction over state buildings,
excluding schools, in the exercise of the powers and jurisdictional
authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and
23-9-50.
Section 6-9-120. Nothing in this chapter affects water or
sewer systems in this State.
Section 6-9-130. Nothing in this chapter limits or
modifies the powers and jurisdictional authority of the Commissioner of
Labor."
SECTION 2. Title 6 of the 1976 Code is amended by adding:
"CHAPTER 8
Building Codes Enforcement Officers
Section 6-8-10. When used in this chapter 'building codes
enforcement officer' means a person employed by a public entity
responsible in whole or part for the inspection or enforcement of
applicable building code requirements within the jurisdiction of the
employer.
Section 6-8-20. (A) The South Carolina Building Codes Council
is responsible for the registration of building codes enforcement officers
pursuant to this chapter. The council or its designated representatives
may conduct hearings and proceedings required by law or considered
necessary by the council. The Division of General Services of the State
Budget and Control Board shall employ and supervise personnel
necessary for the administration of this chapter. The council may
promulgate regulations for the proper enforcement of this chapter and
may prescribe fees or charges necessary to implement its provisions.
(B) The council shall keep a record of its hearings and proceedings
and a register of applications for the certificates of registration showing
the date of application, name, qualifications, and addresses of the
business and residence of the applicant and whether the certificate is
approved or denied. The council shall publish biannually during
odd-numbered years the applications in the register which are approved.
Applicants and registrants shall notify the council of changes in required
information within ten days of a change.
Section 6-8-30. Certificates of registration may be issued without
examination to building codes enforcement officers employed in codes
enforcement on the effective date of this chapter only for the position
and locality held at the time of registration pursuant to this section. This
registration is valid for two years and may be renewed.
Section 6-8-40. No person may practice as a codes enforcement
officer in this State unless registered as provided in this chapter. A
person violating the provisions of this chapter is guilty of a misdemeanor
and, upon conviction, must be punished in the discretion of the court.
Each violation is a separate offense.
Section 6-8-50. If the council has reason to believe that a person is
violating or intends to violate a provision of this chapter, in addition to
other remedies, it may order the person immediately to refrain from the
conduct. The council may apply to the court of common pleas for an
injunction restraining the person from the conduct. The court may issue
a temporary injunction ex parte not to exceed ten days and upon notice
and full hearing may issue other orders in the matter it considers proper.
No bond is required of the council by the court as a condition to the
issuance of an injunction or order pursuant to this section.
Section 6-8-60. (A) A person desiring to be registered as a
building codes enforcement officer as required by this chapter shall
apply upon a form prescribed by the council.
(B) An applicant shall furnish satisfactory proof to the council of
valid certification by a recognized code organization or testing agency
in the general or special capacity in which he desires to be registered.
Special certificates of registration authorize the registrant to practice in
the named speciality only. General certificates of registration are not
restricted. The council or its designated representatives shall review the
guidelines employed by the organization or agency in order to determine
their continued compatibility with the requirements considered by the
council to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon
a person employed as a building codes enforcement officer in its
jurisdiction.
Section 6-8-70. A certificate of registration is valid for two years and
expires on July 1 of each odd-numbered year unless renewed before that
date. A person failing to make timely renewal of his certificate is not
registered unless qualified in the manner provided for new registrants
and may not practice until registered in accordance with this
chapter."
SECTION 3. The public policy of South Carolina is to maintain
reasonable standards of construction in buildings and other structures in
the State consistent with the public health, safety, and welfare of its
citizens. To secure these purposes a person performing building codes
enforcement must be certified by the South Carolina Building Codes
Council, and this act is necessary to provide for certification."
SECTION 4. This act takes effect upon approval by the Governor.
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