Current Status Introducing Body:Senate Bill Number:1154 Primary Sponsor:Lander Type of Legislation:GB Subject:Barrier-Free Design Residing Body:House Companion Bill Number:4708 Computer Document Number:CYY/15690AC.94 Introduced Date:19940209 Date of Last Amendment:19940428 Last History Body:House Last History Date:19940524 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Lander Matthews Setzler Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1154 House 19940524 Objection by Representative Vaughn
Sharpe
Witherspoon
Harrison
R. Young
Fulmer
1154 House 19940519 Debate adjourned until
Tuesday, 19940524
1154 House 19940519 Objection by Representative Wells
Allison
Davenport
Cato
1154 House 19940503 Introduced, read first time,
placed on Calendar without
reference
1154 Senate 19940428 Amended, read third time,
sent to House
1154 Senate 19940331 Reconsidered vote whereby
read third time
1154 Senate 19940331 Read third time, sent to House
1154 Senate 19940330 Read second time
1154 Senate 19940324 Committee Report: Favorable 12
1154 Senate 19940209 Introduced, read first time, 12
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
May 3, 1994
S. 1154
S. Printed 5/3/94--H.
Read the first time May 3, 1994.
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
Senate Bill 1154 would amend Chapter 5, Title 10 of the South Carolina Code of Laws, 1976, relating to construction of public buildings for access by handicapped persons. Section 10-5-230 revises the board members for the South Carolina Board for Barrier-Free Design from six to nine, Section 10-5-240 states that the board is to be administered by the Department of Labor, Licensing, and Regulation, and Section 1-20-50 is amended to delete the Board of Barrier-Free Design from being reviewed for termination by the Reorganization Commission.
The Department of Labor, Licensing, and Regulation - Professional and Occupational Licensing Division, has indicated there will be no fiscal impact to the General Fund of the State upon implementation of this bill. The department will absorb any additional funding necessary to implement.
House Bill 4708 is a companion bill to Senate Bill 1154.
Prepared By: Approved By:
Frances H. Barr George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Buildings and other Projects
Section 10-5-210. The General Assembly hereby declares that it shall henceforth be the policy of this State is to encourage and enable persons who are physically handicapped with disabilities to achieve maximum personal independence; to become gainfully employed; to use and enjoy all governmental buildings and facilities and all public buildings and facilities; and to otherwise participate fully in all aspects of society. The General Assembly resolves to enact legislation necessary to implement this policy and the purpose of this article is to begin this implementation.
Section 10-5-220. (A) Unless defined in this section, the definitions in the Standard Building Code apply.
(B) As used in this article chapter:
(1) `Governmental buildings' shall include means all buildings, structures, streets, and sidewalks and access thereto to them used by the public or in which physically handicapped persons with disabilities may be employed that are constructed, purchased, leased, or rented in whole or in part by use of state, county, or municipal funds or the funds of any a political subdivision of the State; and, to the extent not required otherwise by federal law or regulations or not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed, purchased, leased, or rented in whole or in part by use of federal funds.
(2) `Public buildings' shall include means all buildings, structures, streets, and sidewalks and access thereto to them used by the public or in which physically handicapped persons with disabilities may be employed that are constructed, purchased, leased, or rented by the use of private funds, including rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more, except that the provisions of this article shall apply to chapter only applies to five percent of those units or a minimum of one unit, whichever is the greater, and provided, further, that the provisions of this article shall chapter does not apply to a private residence.
(3) `Facilities' shall include means, but are is not limited to, sidewalks, curbings, and entrances giving access to governmental buildings and or public buildings and accommodations in those buildings available for use by the public or employees, including bathroom facilities, toilet stalls, dining areas, drinking fountains, phone booths, and lodging rooms or quarters.
(4) "Architectural barriers" shall include physical design features that restrict access or full use of government buildings, public buildings and their facilities by the aged, disabled or physically handicapped. `Board' means the South Carolina Board for Barrier-Free Design as established in this chapter.
(5) "Renovation" means a construction project where at least thirty-five percent of the building or facility is changed.
`Private residence' means all single-family detached dwellings and a single-family dwelling unit within a condominium, townhouse, or other similar building, project, or complex that is sold to and intended for use by a person as a residence.
(6) `alteration' means a change to a governmental or public building that affects the usability of the building or any part of the building.
Section 10-5-230. (A) There is created the South Carolina Board for Barrier-Free Design which must be composed of six nine members, six to be appointed by the Governor for terms of four years and until their successors are appointed and qualify. Not less No fewer than two appointed members of the board must be physically handicapped who ambulate by use of wheelchairs have mobility impairments and one appointed member must be a licensed architect. Vacancies on the board must be filled by appointment in the same manner as provided for the original appointment for the remainder of the unexpired term. The board shall also have In addition to the appointed members the following three ex officio members shall serve on the board:
(1) the Chairman of the Building Code Council Director of the Department of Labor, Licensing and Regulation;
(2) the Director of the State Department of Vocational Rehabilitation; and
(3) the State Engineer employed by the Budget and Control Board. The ex officio members may appoint proxies for their respective offices. The ex officio members have all the powers, privileges, and duties of the appointed members.
(B) The Board for Barrier-Free Design is exempt from review under Chapter 20, Title 1.
Section 10-5-240. The board shall elect a chairman and vice-chairman to serve for terms of two years each and until their successors are elected and qualify. The board shall adopt rules for the purpose of governing its internal proceedings. The board shall meet at least once annually and at those other times as may be designated by the chairman but in no event more than twice a month. Five members of the board constitute a quorum at all meetings. All members of the board must be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions for days on which they are on official business of the board, to be paid from the general fund of the State. The board is administered by the Department of Labor, Licensing and Regulation which shall provide administrative services, office space, and other facilities as may be required by the board to perform its functions.
Section 10-5-250. The board shall:
(1) Establish, publish and enforce minimum standards and specifications necessary to eliminate architectural barriers to entry to and use of governmental buildings, public buildings, and their facilities by the aged, disabled or physically handicapped. In this connection the board shall adopt the latest revisions of the Standard Building Code and the American National Standards Institute specifications A117.1 with such modifications as the board shall deem appropriate. administer this chapter;
(2) enforce the requirements for accessibility for people with disabilities, contained within the current edition of the Standard Building Code, and as it may be amended, as published by the Southern Building Code Congress International, Incorporated, or any successor organization;
(3) promulgate rules and regulations to enforce the provisions of this act and the aforesaid standards chapter.
Section 10-5-253. The requirements for accessibility for people with physical disabilities contained in the Standard Building Code are adopted as the minimum standards for compliance with this chapter. In addition, all provisions of Titles II and III of the Americans with Disabilities Act are adopted. In the event of conflict between the provisions of the Americans with Disabilities Act and this chapter, the more stringent requirement shall govern.
Section 10-5-257. No person may construct or alter or permit the construction or alteration of a governmental building or a public building or any facility of either unless the construction or areas being altered are designed in compliance with the standards and regulations adopted pursuant to this chapter.
Section 10-5-260. After January 1, 1975, no person may construct or permit the construction of a governmental building or a public building or any facility of either unless the building and facility is designed in compliance with the standards and regulations adopted pursuant to this article.
After January 1, 1975, no person may renovate or permit the renovation of a governmental building or a public building or any facility of either unless the portions or areas being renovated are designed in compliance with the standards and specifications established pursuant to this article.
It is the responsibility of the owner or the occupant of any property which contains structural or building elements or components required to be in compliance with this article, chapter to continuously maintain these elements and components in a condition that is safe and usable by handicapped persons with disabilities at all times.
Section 10-5-270. The board may waive or modify any part of the standards and the specifications established pursuant to this article upon request, on a case by case basis, if the board determines:
(a) the purpose of this article can be fulfilled by an acceptable alternative to the particular standard;
(b) the incremental construction cost to conform to the standards exceeds seven percent of the total construction or renovation cost;
(c) occupancy and employment practices would generally exclude the use of a structure by handicapped persons due to hazards and employment requirements;
(d) usage or size of structures would have minimal impact in facilitating the handicapped; or
(e) the building involved is identified or classified by national or state jurisdictions as an `historic building' in which case no more than one accessible entrance may be required except that no accessible entrance may be required for so-called museum houses.
In areas of the State where building codes have been adopted and Building Boards of Adjustments and Appeals established to review construction related cases, these boards may carry out their normal function concerning code requirements for facilities for the handicapped. These Building Boards of Adjustments and Appeals shall consist of at least five members, including one architect, one engineer, one member at large from the building industry, one building contractor, and one member at large from the public. Should the Board for Barrier-Free Design determine that barrier-free design regulations are not being adequately enforced in any jurisdiction the board may withdraw the authority of that jurisdiction to make waivers or modifications and require that requests for these exceptions must thereafter be referred to the Board for Barrier-Free Design.
In areas of the State where there is no Building Board of Adjustments and Appeals, constituted as required by this section, all requests for waiver or modification must be submitted to the Board for Barrier-Free Design. However, the board may delegate authority to grant waiver of standards and specifications to local authorities, state officials, and municipal or county boards as it considers necessary and proper. Appeals from the decisions of the authorities listed above may be made to the Board for Barrier-Free Design.
If the Board for Barrier-Free Design denies a request for waiver or modification of the standards and specifications it shall notify the person or governmental entity requesting the waiver. Board action which denies a waiver or modification application may be appealed to an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.
(A) The construction or alteration of a governmental building must be made in compliance with the standards and regulations adopted pursuant to this chapter unless undertaking compliance would result in an undue burden to the entity or individual who is responsible for the affected structure. As used in this section, `undue burden' means significant difficulty or expense.
(B) The construction or alteration of a public building must be made in compliance with the standards and regulations adopted pursuant to this chapter unless undertaking compliance is not readily achievable for the entity or individual who is responsible for the affected structure. As used in this section, `readily achievable' means easily accomplishable and able to be carried out without much difficulty or expense.
(C) In determining whether compliance would result in an undue burden or whether compliance is not readily achievable, additional factors to be considered include:
(1) the nature and cost of the compliance required under this chapter;
(2) the overall financial resources of the site or sites involved in the required compliance; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the compliance upon the operation of the site;
(3) the geographic separateness and the administrative or fiscal relationship of the site or sites in question to a parent corporation or entity;
(4) if applicable, the overall financial resources of a parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(5) if applicable, the type of operation or operations of a parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
Section 10-5-271. The board may make exceptions to the provisions of this article for certain classes of buildings and facilities if the board determines that such action is necessary and proper and is based on one or more of the bases for granting waivers set forth in Section 10-5-270.
Section 10-5-272. Notwithstanding any other provision of law, if the incremental construction cost to conform a building to the standards established pursuant to this article exceeds seven percent of the total estimated construction or renovation costs, as certified in writing by the architect or person in charge of construction, the provisions of this article shall not apply to the construction or renovation of that building on the floors above grade and shall not apply so as to require the expenditure of more than seven percent of the total construction or renovation cost on floors of grade level.
Section 10-5-273. The standards established pursuant to this article do not apply to the floors above grade of any building where such building does not exceed five thousand square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service.
Section 10-5-280. The international symbol of access to the physically handicapped shall for people with physical disabilities must be permanently displayed at the entrance of buildings and facilities that are in compliance with the standards established pursuant to this article chapter.
Section 10-5-290. Any person who is injured, deprived of employment, denied access to public buildings or facilities, or is otherwise deprived of his rights as a citizen as declared in the statement of state policy set forth in Section 10-5-210 may enforce his rights by injunction and recover damages in a proper case in the court of common pleas when his action is based on a violation of regulations promulgated by the board.
Section 10-5-300. The enforcement of the provisions of this article, including investigations, must be by the building official of In areas of the State where counties and municipalities which have properly adopted and enforce building codes in accordance with Chapter 9, Title 6., the board may delegate its enforcement authority of this chapter to the building official to whom the board shall provide oversight and assistance. Counties and municipalities may establish regional agreements with other political subdivisions of the State to provide the services required of the building official and to enforce the provisions of this chapter. If a county or municipality does not have properly adopted building codes, then the Chairman of the Building Code Council In jurisdictions where the board has not delegated its authority, the Department of Labor, Licensing and Regulation shall enforce the provisions of this article chapter in that county or municipality.
Section 10-5-310. AnyA person charged with construction, renovation, erecting, remodeling alteration, or maintenance of the structural or building elements or components of any a governmental building or public building who fails to comply with the provisions of this article chapter after being notified to do so by the appropriate inspector as enumerated in Section 10-5-300 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each day the violation exists constitutes a separate offense.
Section 10-5-320. (A) A person may seek injunctive relief to correct a construction deficiency which is in violation of this chapter, or a person who is injured, denied access to public buildings or facilities, or is otherwise deprived of rights in violation of this chapter may bring suit in the court of common pleas.
(B) The board or the persons empowered by the board pursuant to Section 10-5-300 to enforce the provisions of this article chapter shall notify any an owner of property in violation of this article chapter to comply with its provisions and make the necessary changes or corrections within a reasonable time. In the event of noncompliance after a reasonable time, the board or the persons empowered by Section 10-5-300 to enforce the provisions of this article chapter shall bring suit the matter before an Administrative Law Judge as provided under Article 5 of, Chapter 23 of, Title 1 to enjoin further construction of the building or facility or to enjoin the use of the building or facility until it is in compliance with the standards and specifications established pursuant to this article chapter.
Section 10-5-330. A. Agencies of this State shall encourage, by example, an environment that is barrier free to the handicapped.
B. After January 1, 1984, all All meetings and conferences, in which particpation by the public is invited or desirable, of any an agency of this State must be held in a place and manner that is accessible to handicapped citizens, including those who are handicapped in vision, hearing, or mobility, unless there are compelling reasons otherwise such as the lack of any such available meeting place persons with disabilities.
C. The South Carolina Board for Barrier Free Design must establish and distribute minimum guidelines for determining the accessibility of meeting places and must provide assistance to agencies for the purpose of complying with this article."
SECTION 2. Section 1-20-50(A) of the 1976 Code, as last amended by Act 611 of 1990, is further amended to read:
"(A) June 30, 1990, is the termination date for:
(1) Board of Funeral Services
(2) State Board of Examiners for Registered Environmental Sanitarians [Not reauthorized]
(3) State Board of Social Work Examiners
(4) State Cemetery Board [Not reauthorized]
(5) Board for Barrier-Free Design (Reserved)
(6) Board of Landscape Architectural Examiners
(7) Board of Architectural Examiners
(8) Athletic Trainers' Advisory Committee".
SECTION 3. This act takes effect July 1, 1994.