H 3687 Session 111 (1995-1996)
H 3687 General Bill, By W.D. Keyserling, Bailey, Breeland, Cobb-Hunter,
Davenport, Inabinett, Jennings, Lloyd, J.H. Neal, Richardson and L.S. Whipper
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 these codes, and the manner in which counties and municipalities must
adopt and enforce such codes, revise the membership of the Building Codes
Council, revise penalties, provide for duties of the State Fire Marshal and
Deputy Fire Marshals in regard to these codes, and provide for limited
application of the Chapter; 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; and adding Section 38-7-35 so as to
provide the first two hundred fifty thousand dollars of the premium tax levied
on fire insurers must be used for the purpose of implementing the training,
certification, and continuing education program for building codes enforcement
officers.
02/23/95 House Introduced and read first time HJ-29
02/23/95 House Referred to Committee on Labor, Commerce and
Industry HJ-29
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 THESE CODES, AND THE MANNER IN WHICH
COUNTIES AND MUNICIPALITIES MUST ADOPT AND
ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF
THE BUILDING CODES COUNCIL, REVISE PENALTIES,
PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND
DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES,
AND PROVIDE FOR LIMITED APPLICATION OF THE
CHAPTER; 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; AND ADDING
SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO
HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM
TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE
PURPOSE OF IMPLEMENTING THE TRAINING,
CERTIFICATION, AND CONTINUING EDUCATION
PROGRAM 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 is 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, energy,
housing, electrical, plumbing, and
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
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 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.
Section 6-9-20. County and municipal bodies are authorized
to establish regional agreements with other political subdivisions of
the State to issue building permits and enforce building, electrical,
plumbing, gas, housing, and other codes in order to more
effectively carry out the provisions of this chapter.
Municipalities and counties may establish regional agreements
with other political subdivisions 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 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. 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, 1996;
(2) municipalities and counties with a population of
25,000 to 50,000: July 1, 1997;
(3) municipalities and counties with a population
under 25,000: July 1, 1998.
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, the Model
Energy Code as published by the Council of American Building
Officials, 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 Building 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. If a county or municipality adopts the One and
Two Family Dwelling Code, the One and Two Dwelling Code shall
take precedence over the Standard Building Code for dwellings as
defined in the Standard Building Code. 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 fourteen
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 qualifies. The council shall
consist of include an architect registered in
South Carolina, representatives a representative
from the Municipal Association of South Carolina, a
representative from the South Carolina Association of Counties,
the Building Officials' Association of South Carolina, South
Carolina Building Trade Council, 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 licensed in South Carolina, 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, a master plumber, or a representative
designated by the Director of the State Energy Office of the Budget
and Control Board, a representative designated by the State
Engineer of the Budget and Control Board, a structural engineer
registered in South Carolina, a certified building official employed
by a municipality or county, 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 ensure
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 council shall elect from its appointive
members a chairman, vice-chairman, and secretary. The
council shall adopt regulations not inconsistent
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 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,
Inc. 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. 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 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 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. Buildings must be inspected
according to the codes in effect for the locality at the time of
construction."
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.
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
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
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 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 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."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-7-35. The first two hundred and fifty 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."
SECTION 5. 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 6. This act takes effect upon approval by the
Governor.
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