S*236 Session 112 (1997-1998)
S*0236(Rat #0193, Act #0123 of 1997) General Bill, By McConnell, Giese and
Passailaigue
Similar(H 3175)
A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS AND METHODS OF
ADOPTION, THE APPLICATION, SCOPE AND EXCEPTIONS, AND FOR THE ENFORCEMENT OF
THESE CODES; TO PROVIDE FOR APPOINTMENT OF BUILDING OFFICIALS AND
ESTABLISHMENT OF BUILDING PROGRAMS; TO PROVIDE FOR ADOPTION OF BUILDING CODES
AND STANDARDS BY STATE AGENCIES, AND THE APPLICATION OF LOCAL ORDINANCES,
REGULATIONS, AND STANDARDS TO CERTAIN STATE AND SCHOOL DISTRICT CONSTRUCTION
PROJECTS, AND TO FARM STRUCTURES; TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF
THE SOUTH CAROLINA BUILDING CODES COUNCIL AND FOR THE DUTIES OF THE STATE FIRE
MARSHAL AND STATE ENGINEER IN CONNECTION WITH CERTAIN PROJECTS; TO AMEND THE
1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES
ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY
ADDING SECTION 38-7-35 SO AS TO PROVIDE THAT THE FIRST ONE HUNDRED FIFTY
THOUSAND DOLLARS OF REVENUE COLLECTED PURSUANT TO SECTION 38-7-30 MUST BE USED
FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING
EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND CHAPTER 75
OF TITLE 38 OF THE 1976 CODE BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE
ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES
COUNCIL AND LOSS MITIGATION GRANT PROGRAM; TO PROVIDE THAT CHAPTER 10 OF TITLE
6 IS NOT APPLICABLE IN COUNTIES OR MUNICIPALITIES THAT FULLY HAVE IMPLEMENTED
BUILDING CODES REQUIRED BY SECTION 6-9-10; AND TO DECLARE THE PUBLIC POLICY OF
SOUTH CAROLINA PERTAINING TO MAINTAINING REASONABLE STANDARDS OF CONSTRUCTION
IN THIS STATE.-AMENDED TITLE
01/22/97 Senate Introduced and read first time SJ-9
01/22/97 Senate Referred to Committee on Judiciary SJ-9
02/05/97 Senate Committee report: Favorable with amendment
Judiciary SJ-10
02/06/97 Senate Debate adjourned SJ-19
02/11/97 Senate Amended SJ-18
02/11/97 Senate Read second time SJ-18
02/12/97 Senate Read third time and sent to House SJ-13
02/12/97 House Introduced and read first time HJ-15
02/12/97 House Referred to Committee on Labor, Commerce and
Industry HJ-16
05/01/97 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3
05/07/97 House Amended HJ-59
05/07/97 House Read second time HJ-66
05/08/97 House Read third time and returned to Senate with
amendments HJ-16
05/29/97 Senate House amendment amended SJ-45
05/29/97 Senate Returned to House with amendments SJ-45
05/29/97 House Non-concurrence in Senate amendment HJ-79
06/03/97 Senate Senate insists upon amendment and conference
committee appointed Sens. McConnell, Bryan,
Lander SJ-81
06/03/97 House Conference committee appointed Bailey, Sandifer &
Tripp HJ-146
06/05/97 House Conference report received and adopted HJ-87
06/05/97 Senate Conference report received and adopted SJ-232
06/05/97 House Ordered enrolled for ratification HJ-103
06/09/97 Ratified R 193
06/13/97 Signed By Governor
06/13/97 Effective date 06/13/97
06/30/97 Copies available
06/30/97 Act No. 123
(A123, R193, S236)
AN ACT TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO
AS TO REVISE THE REQUIREMENTS AND METHODS OF
ADOPTION, THE APPLICATION, SCOPE, AND EXCEPTIONS, AND
FOR THE ENFORCEMENT OF THESE CODES; TO PROVIDE FOR
APPOINTMENT OF BUILDING OFFICIALS AND ESTABLISHMENT
OF BUILDING PROGRAMS; TO PROVIDE FOR ADOPTION OF
BUILDING CODES AND STANDARDS BY STATE AGENCIES, AND
THE APPLICATION OF LOCAL ORDINANCES, REGULATIONS,
AND STANDARDS TO CERTAIN STATE AND SCHOOL DISTRICT
CONSTRUCTION PROJECTS, AND TO FARM STRUCTURES; TO
PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE SOUTH
CAROLINA BUILDING CODES COUNCIL AND FOR THE DUTIES
OF THE STATE FIRE MARSHAL AND STATE ENGINEER IN
CONNECTION WITH CERTAIN PROJECTS; TO AMEND THE 1976
CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE
FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR
THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING
SECTION 38-7-35 SO AS TO PROVIDE THAT THE FIRST ONE
HUNDRED FIFTY THOUSAND DOLLARS OF REVENUE
COLLECTED PURSUANT TO SECTION 38-7-30 MUST BE USED
FOR THE PURPOSE OF IMPLEMENTING THE TRAINING,
CERTIFICATION, AND CONTINUING EDUCATION PROGRAM
FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND
CHAPTER 75 OF TITLE 38 BY ADDING ARTICLE 8 SO AS TO
PROVIDE FOR THE ADVISORY COMMITTEE TO THE DIRECTOR
AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND
LOSS MITIGATION GRANT PROGRAM; TO PROVIDE THAT
CHAPTER 10 OF TITLE 6 IS NOT APPLICABLE IN COUNTIES OR
MUNICIPALITIES THAT FULLY HAVE IMPLEMENTED
BUILDING CODES REQUIRED BY SECTION 6-9-10; AND TO
DECLARE THE PUBLIC POLICY OF SOUTH CAROLINA
PERTAINING TO MAINTAINING REASONABLE STANDARDS OF
CONSTRUCTION IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Building codes revised
SECTION 1. Chapter 9, Title 6 of the 1976 Code is amended to read:
"CHAPTER 9
Building Codes
Section 6-9-10. All municipalities, as defined by Section 5-1-20, and
counties in this State shall adopt building, energy, electrical, plumbing,
mechanical, gas, and fire codes, referred to as building codes in this
chapter, relating to the construction, livability, sanitation, erection, energy
efficiency, installation of equipment, alteration, repair, occupancy, or
removal of structures located within their jurisdictions and promulgate
regulations to implement their enforcement. The municipality or county
may adopt only the national, regional, or model codes provided in Section
6-9-50.
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 electric cooperatives, the Public Service
Authority, or to a public utility corporation subject to regulation by the
authorities of the South Carolina Public Service Commission or the
Liquefied Petroleum Gas Board.
To the extent that federal regulations preempt state and local laws,
nothing in this chapter shall conflict with the federal Department of
Housing and Urban Development regulations regarding manufactured
housing construction and installation.
Section 6-9-20. Municipalities and counties may establish agreements
with other governmental entities of the State to issue permits and enforce
building codes in order to provide the services required by this chapter.
The South Carolina Building Codes Council may assist in arranging for
municipalities, counties, or consultants to provide the services required by
this chapter to other municipalities or counties if a written request from
the governing body of the municipality or county is submitted to the
council. If a municipality or county determines that it is unable to arrange
for services for any annual period at costs totally within the schedule of
fees recommended in the appendixes to the building codes referred to in
Section 6-9-50, the municipality or county shall submit an affidavit to the
council to be exempt from the requirements of this chapter. If such an
affidavit is submitted, the municipality or county is exempt from the
requirements of this chapter, which exemption is effective until such time
as it becomes financially feasible for a county or municipality to provide
the services, or five years, whichever is less. A county or municipality
may renew its affidavit at the end of five years and at each five-year
interval thereafter if it makes another determination that it cannot arrange
for services at costs totally within the schedule of fees recommended in
the building codes referred to in Section 6-9-50.
Section 6-9-30. Each county shall appoint a building official or
contract with other political subdivisions as authorized in Section 6-9-20
so that the unincorporated area of the county is under the jurisdiction of
a building official. Each municipality shall appoint a building official or
contract for a 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 70,000: one
year after the effective date of this provision;
(2) municipalities and counties with a population of 35,000 to 70,000:
two years after the effective date of this provision;
(3) municipalities and counties with a population under 35,000: three
years after the effective date of this provision.
Section 6-9-40. 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. (A) Municipalities and counties shall adopt by
reference only those provisions of the latest editions of the following
nationally known codes and the standards referenced in the codes for
regulation of construction which directly relate to building and safety
standards within their respective jurisdictions: Standard Building Code,
Standard Gas Code, Standard Plumbing Code, Standard Mechanical
Code, the Standard Fire Prevention Code, as published by the Southern
Building Code Congress International, Inc., the Model Energy Code, as
published by the Council of American Building Officials, 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.
However, the provisions of the codes referenced in this section which
concern the qualification, removal, dismissal, duties, responsibilities of,
and administrative procedures for all building officials, deputy building
officials, chief inspectors, other inspectors, and assistants do not apply
unless they have been adopted by the municipal or county governing
body.
(B) The governing body of a county may not enforce that portion of
a nationally recognized fire prevention code it has adopted which may
regulate outdoor burning for forestry, wildlife, and agricultural purposes
as regulated by the South Carolina Forestry Commission.
(C) A residential building is considered in compliance with the
Building Envelope Requirements of the Model Energy Code if:
(1) it is built in compliance with prescriptive standards issued by
the South Carolina Residential Builders Commission, in consultation with
the State Energy Office, based on computer models of the Model Energy
Code including, but not limited to, options developed by Pacific
Northwest National Laboratories for South Carolina's climatic zones, or
(2) if double pane or single pane with storm windows are used for
window glass and in the case of ceilings, exterior walls, floors with crawl
space, and heating and air conditioning duct work, the determination of
the minimum thermal resistance ratings (R-value) is:
(a) R-30 for ceilings, except for ceiling/roof combinations, which
must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air
conditioning duct work not located in conditioned space.
Section 6-9-60. (A) Municipalities and counties may adopt by
reference only those provisions of the latest editions of the following
nationally known codes and the standards referenced in the codes for
regulation of construction which directly relate to building and safety
standards within their respective jurisdictions: Standard Housing Code,
Standard Existing Building Code, Standard Swimming Pool Code, the
Standard Excavation and Grading Code, 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.
However, the provisions of the codes referenced in this section which
concern the qualification, removal, dismissal, duties, responsibilities of,
and administrative procedures for all building officials, deputy building
officials, chief inspectors, other inspectors, and assistants do not apply
unless they have been adopted by the municipal or county governing
body. If a county or municipality adopts the One and Two Family
Dwelling Code, the One and Two Family Dwelling Code shall take
precedence over the Standard Building Code for dwellings as defined in
the Standard Building Code. If a municipality or county 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 the South Carolina Building Codes
Council of fifteen members which is established in this section.
(B) Members of the council must be appointed by the Governor for
terms of four years each and until a successor is appointed and qualifies.
The council shall consist of (1) an architect registered in South Carolina,
(2) a municipal administrator, manager, or elected official, (3) a county
administrator, manager, or elected official, (4) a representative of the
electrical industry who is either an engineer or master electrician
registered in South Carolina, (5) a general contractor licensed in South
Carolina, (6) a residential home builder licensed in South Carolina, (7) a
disabled person, (8) a representative of the mechanical and gas industries
who is either an engineer registered in South Carolina or a master
mechanic, (9) a representative of the plumbing industry who is either an
engineer registered in South Carolina or a master plumber, (10) a
representative designated by the State Engineer of the Budget and Control
Board, (11) a structural engineer registered in South Carolina, (12) a
representative of the general public who is not in the practice of home or
safety inspection, construction, or building, who does not have any
financial interest in these professions, and who does not have any
immediate family member in these professions, (13) a representative
designated by the State Fire Marshal, (14) a representative from the
Manufactured Housing Institute of South Carolina who shall serve as a
nonvoting member, and (15) a representative designated by the Director
of the State Energy Office of the Budget and Control Board who shall
serve as a nonvoting member. 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 a jurisdiction
may vary from the series of codes listed in this chapter in the
establishment of construction standards. The council shall monitor the
adoption of building codes by municipalities and counties to ensure
compliance with this chapter. 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 council shall elect from its members a chairman,
vice-chairman, and secretary. The council shall adopt regulations
consistent 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 a nationally recognized building code it has adopted which
regulates the construction or improvement of a farm structure. The
standards published by the Federal Emergency Management Agency for
the National Flood Insurance Program shall apply.
(C) The provisions of this section do not apply unless 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 before the construction
or improvement of a farm structure.
Section 6-9-70. (A) A person found to be in violation of the building
codes or regulations adopted pursuant to the provisions of this chapter
must be fined, by civil fine, in an amount not more than two hundred
dollars. Each day the violation continues is a separate offense. However,
this provision does not prevent a county or municipality from exercising
its authority to impose by ordinance criminal sanctions of a fine of not
more than two hundred dollars or imprisonment for not more than thirty
days in lieu of the civil penalties required by this provision.
(B) However, before being charged with a second violation, an
individual must be given seven calendar days to remedy the violation if
in the opinion of the inspector or official it does not place the public in
imminent danger or create an emergency situation. Each day a violation
continues is a separate offense if the inspector or official determines the
situation places the public in imminent danger or creates an emergency
situation. In a situation which does not place the public in imminent
danger or create an emergency situation, if in the opinion of the inspector
or official no substantial progress is made toward correcting the violation
by the end of the seventh calendar day, each day the violation continues
thereafter is considered a separate offense.
Section 6-9-80. For a violation of the building codes or regulations
adopted pursuant to this chapter, the local building officials, municipal or
county attorneys, or other appropriate authorities of a political
subdivision, or an adjacent or neighboring property owner who would be
damaged by the violation, in addition to other remedies, may apply for
injunctive relief, mandamus, or other appropriate proceeding.
Section 6-9-90. Notwithstanding any other provision of law, the
governing body of a county or municipality may impose fees necessary
to implement and continue the programs required by this chapter upon a
vote of a simple majority of the governing body unless (1) a super
majority vote is required by local ordinance, or (2) prior to December 1,
1998, the General Assembly specifically amends, repeals, or otherwise
affects this law by direct reference to this section, or (3) after November
30, 1998, the General Assembly provides otherwise by law.
Section 6-9-100. The provisions of this chapter are cumulative to
other local ordinances and do not limit the authority of counties or
municipalities.
Section 6-9-110. (A) 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 does not
apply to a:
(1) state department, institution, or agency permanent improvement
project, construction project, renovation project, or property; or
(2) school district facility, permanent improvement project,
construction project, renovation project, or property which is reviewed
and approved by the State Department of Education; except that the State
Department of Education or a local school district may direct that the
local ordinance or regulation apply to a particular facility, project, or
property.
(B) After successful completion of all requirements, the State Fire
Marshal shall certify personnel of the State Engineer's Office of the
Budget and Control Board designated by the State Engineer. The certified
personnel and deputy state fire marshals, including resident state fire
marshals, have exclusive jurisdiction over state buildings, including
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. Buildings must be inspected according to the codes
in effect for the locality on the date of the issuance of the building
permit."
Building Codes Council membership terms
SECTION 2. Members of the South Carolina Building Codes Council
serving in office on the effective date of this act whom the Governor
determines possess those qualifications required by Section 6-9-60 and,
if applicable, represent an entity required to be represented by Section
6-9-60 shall continue to serve until their current terms of office expire.
The terms of all other members shall expire on the effective date of this
act at which time, their successors shall be appointed by the Governor in
the manner provided by Section 6-9-60.
Building Codes Enforcement Officers
SECTION 3. 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 who is primarily
responsible for the overall 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 Department of Labor, Licensing and
Regulation shall employ and supervise personnel necessary for the
administration of this chapter. The council may promulgate regulations
for the proper enforcement of this chapter.
(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. (A) 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.
(B) Upon initial employment by a political subdivision, an individual
must be granted a provisional certificate of registration without
examination which is valid for one year from the date of issuance. The
provisional certificate of registration may not 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 fined not more than two hundred dollars or
imprisoned not more than thirty days. Each day the violation continues
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
specialty 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) A certificate of registration is valid for two years
and expires on July first of each odd-numbered year unless renewed
before that date. Renewal of all registrations must be based upon a
determination by council of the applicant's participation in approved
continuing education programs. The council must promulgate regulations
setting forth the continuing education requirements for building codes
enforcement officers. 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.
(B) Funding for the certification, training, and continuing education
of building code enforcement officers must be appropriated to the
Department of Labor, Licensing and Regulation in the manner provided
in Section 38-7-35."
Building Codes Enforcement Officers' training
SECTION 4. The 1976 Code is amended by adding:
"Section 38-7-35. (A) The first one hundred and seventy-five
thousand dollars of the revenue collected annually pursuant to Section
38-7-30 must be transferred to the Department of Labor, Licensing and
Regulation for the purpose of implementing the training, certification, and
continuing education program for building codes enforcement officers as
provided in Section 6-8-70 and by law.
(B) The Department of Labor, Licensing and Regulation shall report
annually to the Chairman of the Senate Finance Committee and the
Chairman of the House Ways and Means Committee detailing actual
program expenditures including, but not limited to, the number of
instructors employed, the number of training sessions conducted, and the
number of certifications issued. This report must be submitted to the
respective chairmen no later than January fifteenth of each year.
(C) One hundred thousand dollars of the revenue collected annually
pursuant to Section 38-7-30 must be transferred to the Department of
Insurance for the purpose of implementing the program as provided in
Section 38-75-480.
(D) Subsection (C) of this section ceases to be of any force or effect
after June 30, 2002."
Advisory committee to Building Codes Council
SECTION 5. Chapter 75 of Title 38 of the 1976 Code is amended by
adding:
"Article 8
Advisory Committee to the Director and the South Carolina
Building Codes Council and Loss Mitigation Grant
Program
Section 38-75-470. The Director of Insurance shall appoint an
advisory committee to the director and the South Carolina Building Codes
Council to study issues associated with the development of strategies for
reducing loss of life and mitigating property losses due to hurricane,
earthquake, and fire. The advisory committee also must consider the costs
associated with these strategies to individual property owners. The
advisory committee must include:
(1) one representative from Clemson University involved with wind
engineering;
(2) one representative from an academic institution involved with
the study of earthquakes;
(3) one representative from the Department of Insurance;
(4) one representative from an insurer writing property insurance
in South Carolina;
(5) one representative from the Department of Commerce;
(6) one representative from the Federal Emergency Management
Association;
(7) one representative from the Homebuilders Association;
(8) one representative from the Manufactured Housing Institute of
South Carolina;
(9) one representative from the State Fire Marshal's office;
(10) two at-large members appointed by the director; and
(11) two at-large members appointed by the Governor.
Members shall serve for terms of two years and shall receive no per
diem, mileage, or subsistence. Vacancies must be filled in the same
manner as the original appointment.
Within thirty days after its appointment, the advisory committee shall
meet at the call of the Director of Insurance. The advisory committee
shall elect from its members a chairman and a secretary and shall adopt
rules not inconsistent with this chapter. Meetings may be called by the
chairman on his own initiative and must be called at the request of three
or more members of the advisory committee. All members shall be
notified by the chairman of the time and place of the meeting at least
seven days in advance of the meeting. All meetings must be open to the
public. At least two-thirds vote of those members in attendance at the
meeting shall constitute an official decision of the advisory committee.
Section 38-75-480. (A) There is established within the Department
of Insurance a loss mitigation grant program. Funds may be appropriated
to the grant program, and any funds so appropriated shall be used for the
purpose of making grants to local governments or for the study and
development of strategies for reducing loss of life and mitigating property
losses due to hurricane, earthquake, and fire. Grants to local governments
shall be for the following purposes:
(1) implementation of building code enforcement programs
including preliminary training of inspectors; and
(2) conducting assessments to determine need for and desirability
of making agreements to provide enforcement services pursuant to
Section 6-9-60.
Funds may be appropriated for a particular grant only after a majority
affirmative vote on each grant by the advisory committee.
(B) The Department of Insurance may make application and enter into
contracts for and accept grants in aid from federal and state government
and private sources for the purposes of:
(1) implementation of building code enforcement programs
including preliminary training of inspectors;
(2) conducting assessments to determine need for and desirability
of making agreements to provide enforcement services pursuant to
Section 6-9-60; and
(3) study and development of strategies for reducing loss of life and
mitigating property losses due to hurricane, earthquake, and fire."
Exemptions to building codes requirements
SECTION 6. Chapter 10 of Title 6 of the 1976 Code is not applicable
in counties or municipalities which have fully implemented building
codes as required in Section 6-9-10, as amended by this act.
Public policy as to building codes
SECTION 7. 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.
To clarify the intent of the General Assembly and address questions
which might arise or have arisen with respect to provisions of the
nationally known codes which have been or are in place, only those
portions or provisions of the nationally known building and safety codes
which relate to building standards and safety are binding upon any state
or local governmental entity or agency which adopts the building and
safety codes authorized or required by Chapter 9 of Title 6 of the South
Carolina Code of Laws.
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997. |