H 3502 Session 110 (1993-1994)
H 3502 General Bill, By Davenport
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 8
to Title 6 so as to provide for the registration of municipal and county
building codes enforcement officers by setting forth definitions, duties of
the Building Codes Council, requirements of registration, practice, and
renewal, and remedies and penalties for violations; and to amend Chapter 9,
Title 6, as amended, relating to building codes, so as to revise the
authorization for and scope of municipal and county building codes,
regulations, and regional agreements, provide exceptions, provide for the
appointment of a municipal and county building official and establishment of a
building inspection program, revise the procedures for the adoption of codes
and standards, revise the membership and officers of the Council, revise
penalties, delete the reference to the adoption of codes before May, 1, 1982,
and provide for the effect of the provisions on the authority of local
building officials, the State Fire Marshal, and the Commissioner of Labor.
02/16/93 House Introduced and read first time HJ-13
02/16/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-14
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR
THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING
CODES ENFORCEMENT OFFICERS BY SETTING FORTH
DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL,
REQUIREMENTS OF REGISTRATION, PRACTICE, AND
RENEWAL, AND REMEDIES AND PENALTIES FOR
VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS
AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE
THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND
COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL
AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE
APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING
OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION
PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF
CODES AND STANDARDS, REVISE THE MEMBERSHIP AND
OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE
REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1,
1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON
THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE
FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 a person performing fire codes enforcement must be
certified by the Division of the State Fire Marshal. This act is necessary
to provide for certification.
SECTION 2. Title 6 of the 1976 Code is amended by adding:
"CHAPTER 8
Building and Fire 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.
When used in this chapter `fire codes enforcement officer' means a
person employed by a public entity responsible in whole or part for the
inspection or enforcement of applicable fire codes and State Fire
Marshal's regulation 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,
and the State Fire Marshal is responsible for the registration of fire codes
enforcement officers, pursuant to this chapter.
(B) 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 provide for the administrative organization and may
promulgate regulations necessary for the administration of registration
of building codes enforcement officers. The council may prescribe fees
or charges necessary to implement the provisions of this chapter
applicable to building codes enforcement officers.
(C) 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 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.
(D) The Division of the State Fire Marshal of the Budget and Control
Board shall administer certification and registration procedures for fire
codes enforcement officers in accordance with the established resident
state fire marshal program authorized in Sections 23-9-30, 23-9-40, and
23-9-50 and the provisions of this chapter. The Division of the State
Fire Marshal shall provide for the administrative organization and may
promulgate regulations necessary for the administration of the
registration of fire codes enforcement officers. The State Fire Marshal
may prescribe fees or charges applicable to fire codes enforcement
officers.
Section 6-8-30. Certificates of registration may be issued without
examination to building codes enforcement officers and fire codes
enforcement officers employed 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 building or fire 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 or the State Fire Marshal has reason
to believe that a person is violating or intends to violate a provision of
this chapter, in addition to other remedies, either the Council or the State
Fire Marshal may order the person immediately to refrain from the
conduct. The council or the State Fire Marshal 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 any other
order in the matter it considers proper. No bond is required of the
council or the State Fire Marshal 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 or a fire codes enforcement officer as required
by this chapter shall apply upon a form prescribed by the council or the
State Fire Marshal.
(B) An applicant shall furnish satisfactory proof to the council or the
State Fire Marshal 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 specialty only. General
certificates of registration are not restricted. A current Certified Fire
Marshal or Certified Resident State Fire Marshal registration card
constitutes proof of valid certification for registration pursuant to the
requirements of this chapter. The council or its designated
representatives for the building codes enforcement officer or the State
Fire Marshal or his designated representative for the fire codes
enforcement officer shall review the guidelines employed by the
organization or agency in order to determine their continued
compatibility with the requirements considered by the council or the
State Fire Marshal to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon a
person employed or appointed as a building codes enforcement officer
or a fire codes enforcement officer in its jurisdiction.
Section 6-8-70. A certificate of registration is valid for two years
and expires on July first 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. Chapter 9, Title 6 of the 1976 Code, as 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 and Fire 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,
relating to the construction, livability, safety, 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 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 and
fire codes in order to provide the services required in this
chapter and more effectively carry out the its
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
municipalities and counties shall appoint a building official and a fire
official. Based on the needs established by each municipality or county,
the 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 a fire official and the
establishment of a building inspection program and a fire codes
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
fifty thousand: July 1, 1992;
(2) municipalities and counties with a population of
twenty-five thousand to fifty thousand: July 1, 1993;
(3) municipalities and counties with a population under
twenty-five thousand: 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
and fire codes and standards referenced provided in Section 6-9-50 must
be adopted within six months after the establishment of a building
inspection and fire inspection department. State agency adoption of a
building or fire 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 Swimming Pool
Code, 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 and until their
successors are appointed and qualified. The council shall 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 county
certified fire official, a municipal certified fire 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 and 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 and fire 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 6-9-63. Within its boundaries a municipality or county
may pass and enforce local ordinances pertaining to the installation of
residential fire protection systems as defined by the National Fire
Protection Association without prior approval of the South Carolina
Building Codes Council. The systems required by local ordinances must
be installed in accordance with the applicable National Fire Protection
Association standard. It is the responsibility of owners to notify
contractors performing construction services of all National Fire
Protection Association standards required by local ordinances before the
acceptance of bids or the negotiation of contracts.
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
or fire 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 or fire codes or
regulations adopted pursuant to this chapter, the South Carolina Building
Code Codes Council, the local building
inspectors officials, local fire 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 building standard be construed to apply entity may
not charge permit or license fees to any a state
department, institution, or agency, including school district,
permanent improvement project, construction project, renovation
project, or property. Nothing in this section prohibits local building
or fire code enforcement officials from making inspections and
enforcing locally adopted codes on state-owned buildings or school
districts. Nothing in this chapter limits or modifies the powers of the
State Fire Marshal or Commissioner of Labor."
SECTION 4. This act takes effect upon approval by the Governor.
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