H*4438 Session 112 (1997-1998)
H*4438(Rat #0514, Act #0381 of 1998) General Bill, By Davenport, Knotts and
Limehouse
A BILL TO AMEND SECTION 6-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO LOCAL GOVERNMENT, BUILDING CODES, AND MANDATORY ADOPTION OF
CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO SUBSTITUTE "ENERGY
CODE" FOR "MODEL ENERGY CODE", AND PROVIDE THAT A RESIDENTIAL BUILDING IS
CONSIDERED IN COMPLIANCE WITH THE BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY
CODE IF 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 ENERGY CODE INCLUDING, BUT NOT
LIMITED TO, OPTIONS DEVELOPED BY PACIFIC NORTHWEST NATIONAL LABORATORIES, OR
OTHER NATIONALLY RECOGNIZED LABORATORIES WHICH USE THE STANDARDS DEVELOPED BY
PACIFIC NORTHWEST NATIONAL LABORATORIES, FOR SOUTH CAROLINA'S CLIMATIC ZONES;
AND TO AMEND SECTION 6-9-60, AS AMENDED, RELATING TO LOCAL GOVERNMENT,
BUILDING CODES, ADOPTION AND MODIFICATION OF CERTAIN NATIONALLY KNOWN CODES
AND STANDARDS, AND THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD THE
INTERNATIONAL RESIDENTIAL CODE AND THE INTERNATIONAL BUILDING CODE, BOTH AS
PUBLISHED BY THE INTERNATIONAL CODE CONGRESS, TO THE LIST OF CODES WHICH
MUNICIPALITIES AND COUNTIES MAY ADOPT FOR REGULATION OF CONSTRUCTION, IN THEIR
JURISDICTIONS, AUTHORIZE THE BUILDING CODES COUNCIL TO REVIEW, APPROVE, AND
ADOPT ANY NEW ADDITIONS OR AMENDMENTS OF REFERENCED CODES FOR USE, REJECT THE
CODES IN WHOLE OR IN PART, OR APPROVE CONTINUED USE OF SECTIONS OF EARLIER
VERSIONS OF THE CODES WHICH HAD BEEN PREVIOUSLY APPROVED AND ADOPTED, AND
PROVIDE THAT LOCAL JURISDICTIONS MAY ONLY ADOPT THE VERSION OF THE CODE
APPROVED BY THE BUILDING CODES COUNCIL, EXCEPT AS PROVIDED IN THIS
SECTION.-AMENDED TITLE
01/20/98 House Introduced and read first time HJ-12
01/20/98 House Referred to Committee on Labor, Commerce and
Industry HJ-12
02/25/98 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-9
03/02/98 House Amended HJ-8
03/02/98 House Read second time HJ-10
03/10/98 House Read third time and sent to Senate HJ-12
03/11/98 Senate Introduced and read first time SJ-7
03/11/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-7
05/14/98 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-14
06/02/98 Senate Amended SJ-77
06/02/98 Senate Read second time SJ-77
06/03/98 Senate Read third time and returned to House with amendments
06/04/98 House Senate amendment amended HJ-17
06/04/98 House Returned to Senate with amendments HJ-17
06/04/98 Senate Concurred in House amendment and enrolled SJ-44
06/10/98 Ratified R 514
06/15/98 Signed By Governor
06/15/98 Effective date 06/15/98
06/23/98 Copies available
06/30/98 Act No. 381
(A381, R514, H4438)
AN ACT TO AMEND SECTION 6-9-50, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL
GOVERNMENT, BUILDING CODES, AND MANDATORY
ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND
STANDARDS, SO AS TO SUBSTITUTE ENERGY CODE FOR
"MODEL ENERGY CODE", AND PROVIDE THAT A RESIDENTIAL
BUILDING IS CONSIDERED IN COMPLIANCE WITH THE
BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE
IF 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
ENERGY CODE INCLUDING, BUT NOT LIMITED TO, OPTIONS
DEVELOPED BY PACIFIC NORTHWEST NATIONAL
LABORATORIES, OR OTHER NATIONALLY RECOGNIZED
LABORATORIES WHICH USE THE STANDARDS DEVELOPED BY
PACIFIC NORTHWEST NATIONAL LABORATORIES, FOR SOUTH
CAROLINA'S CLIMATIC ZONES; AND TO AMEND SECTION
6-9-60, AS AMENDED, RELATING TO LOCAL GOVERNMENT,
BUILDING CODES, ADOPTION AND MODIFICATION OF
CERTAIN NATIONALLY KNOWN CODES AND STANDARDS,
AND THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO
AS TO ADD THE INTERNATIONAL RESIDENTIAL CODE AND
THE INTERNATIONAL BUILDING CODE, BOTH AS PUBLISHED
BY THE INTERNATIONAL CODE CONGRESS, TO THE LIST OF
CODES WHICH MUNICIPALITIES AND COUNTIES MAY ADOPT
FOR REGULATION OF CONSTRUCTION, IN THEIR
JURISDICTIONS, AUTHORIZE THE BUILDING CODES COUNCIL
TO REVIEW, APPROVE, AND ADOPT ANY NEW ADDITIONS OR
AMENDMENTS OF REFERENCED CODES FOR USE, REJECT THE
CODES IN WHOLE OR IN PART, OR APPROVE CONTINUED USE
OF SECTIONS OF EARLIER VERSIONS OF THE CODES WHICH
HAD BEEN PREVIOUSLY APPROVED AND ADOPTED, AND
PROVIDE THAT LOCAL JURISDICTIONS MAY ONLY ADOPT THE
VERSION OF THE CODE APPROVED BY THE BUILDING CODES
COUNCIL, EXCEPT AS PROVIDED IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Other nationally recognized laboratories authorized
SECTION 1. Section 6-9-50 of the 1976 Code, as last amended by Act
123 of 1997, is further amended to read:
"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 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 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 Energy Code
including, but not limited to, options developed by Pacific Northwest
National Laboratories, or other nationally recognized laboratories which
use the standards 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."
New codes added to authorized list; Building Codes Council; etc.
SECTION 2. Section 6-9-60 of the 1976 Code, as last amended by Act
123 of 1997, is further amended to read:
"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.; the One and Two Family
Dwelling Code, as published by the Council of American Building
Officials; and the International Residential Code and the International
Building Code, both as published by the International Code Congress.
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 the
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) 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 the meeting at least seven
days in advance of the meeting. Eight 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.
(C) The Building Codes Council is authorized to review, approve, and
adopt any new additions or amendments of the codes referenced in this
chapter for use, reject those codes in whole or in part, or approve
continued use of sections of earlier versions of the codes which had been
previously approved and adopted. Except as may be provided in this
section, local jurisdictions may only adopt the version of the code
approved by the Building Codes Council."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1998. |