Current Status Introducing Body:House Bill Number:3502 Primary Sponsor:Davenport Committee Number:27 Type of Legislation:GB Subject:Building Codes Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:CYY/15150DW.93 Introduced Date:19930216 Last History Body:House Last History Date:19930216 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3502 House 19930216 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and a person performing fire codes enforcement must be certified by the Division of the State Fire Marshal. This act is necessary to provide for certification.
SECTION 2. Title 6 of the 1976 Code is amended by adding:
Section 6-8-10. When used in this chapter `building codes enforcement officer' means a person employed by a public entity responsible in whole or part for the inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.
When used in this chapter `fire codes enforcement officer' means a person employed by a public entity responsible in whole or part for the inspection or enforcement of applicable fire codes and State Fire Marshal's regulation requirements within the jurisdiction of the employer.
Section 6-8-20. (A) The South Carolina Building Codes Council is responsible for the registration of building codes enforcement officers, and the State Fire Marshal is responsible for the registration of fire codes enforcement officers, pursuant to this chapter.
(B) The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The Division of General Services of the State Budget and Control Board shall provide for the administrative organization and may promulgate regulations necessary for the administration of registration of building codes enforcement officers. The council may prescribe fees or charges necessary to implement the provisions of this chapter applicable to building codes enforcement officers.
(C) The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses and whether the certificate is approved or denied. The council shall publish biannually during odd-numbered years the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.
(D) The Division of the State Fire Marshal of the Budget and Control Board shall administer certification and registration procedures for fire codes enforcement officers in accordance with the established resident state fire marshal program authorized in Sections 23-9-30, 23-9-40, and 23-9-50 and the provisions of this chapter. The Division of the State Fire Marshal shall provide for the administrative organization and may promulgate regulations necessary for the administration of the registration of fire codes enforcement officers. The State Fire Marshal may prescribe fees or charges applicable to fire codes enforcement officers.
Section 6-8-30. Certificates of registration may be issued without examination to building codes enforcement officers and fire codes enforcement officers employed on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
Section 6-8-40. No person may practice as a building or fire codes enforcement officer in this State unless registered as provided in this chapter. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of the court. Each violation is a separate offense.
Section 6-8-50. If the council or the State Fire Marshal has reason to believe that a person is violating or intends to violate a provision of this chapter, in addition to other remedies, either the Council or the State Fire Marshal may order the person immediately to refrain from the conduct. The council or the State Fire Marshal may apply to the court of common pleas for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue any other order in the matter it considers proper. No bond is required of the council or the State Fire Marshal by the court as a condition to the issuance of an injunction or order pursuant to this section.
Section 6-8-60. (A) A person desiring to be registered as a building codes enforcement officer or a fire codes enforcement officer as required by this chapter shall apply upon a form prescribed by the council or the State Fire Marshal.
(B) An applicant shall furnish satisfactory proof to the council or the State Fire Marshal of valid certification by a recognized code organization or testing agency in the general or special capacity in which he desires to be registered. Special certificates of registration authorize the registrant to practice in the named specialty only. General certificates of registration are not restricted. A current Certified Fire Marshal or Certified Resident State Fire Marshal registration card constitutes proof of valid certification for registration pursuant to the requirements of this chapter. The council or its designated representatives for the building codes enforcement officer or the State Fire Marshal or his designated representative for the fire codes enforcement officer shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council or the State Fire Marshal to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon a person employed or appointed as a building codes enforcement officer or a fire codes enforcement officer in its jurisdiction.
Section 6-8-70. A certificate of registration is valid for two years and expires on July first of each odd-numbered year unless renewed before that date. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants and may not practice until registered in accordance with this chapter."
SECTION 3. Chapter 9, Title 6 of the 1976 Code, as amended by Act 24 of 1987, which added Section 6-9-65, is further amended to read:
Section 6-9-10. The governing body of any incorporated municipality or county All municipalities, as defined by Section 5-1-20, and counties in this State is authorized to shall adopt building, housing, electrical, plumbing, and mechanical, gas, and fire codes, relating to the construction, livability, safety, sanitation, erection, installation of equipment, alteration, repair, occupancy, or removal of buildings and structures located within its jurisdiction their jurisdictions and promulgate regulations to implement the codes their enforcement. The municipality or county may adopt only the codes provided in Section 6-9-50.
The codes and the implementing regulations may embrace matters such as the preparation and submission of plans and specifications; the issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship; the establishment of fire zones; fireproofing; means of egress and ingress; floor-area-per-occupant requirements; sanitary facilities and proceedings for the correction of unsafe, unsanitary, or inadequate structures.
The codes and regulations may only be adopted by reference to national, regional, or model codes listed in Section 6-9-60 and to certain special provisions approved by the South Carolina Building Code Council. Nothing in these codes or regulations may extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of equipment or facilities used in the generation, transmission, distribution, or communication of a public or private utility or electric or telephone membership cooperatives, other than buildings used primarily for offices or residential housing nor to equipment or facilities already subject to regulation by the Liquefied Petroleum Gas Board.
With the exception of structures used primarily for offices, storage, warehouses, shop areas, or residential housing, nothing in the building codes or regulations applies to a public utility corporation subject to regulation by the authorities of the South Carolina Public Service Commission or the Liquefied Petroleum Gas Board.
Section 6-9-20. County Municipalities and municipal bodies are authorized to counties may establish regional agreements with other political subdivisions of the State to issue building construction permits and enforce building, electrical, plumbing, gas, housing, and other and fire codes in order to provide the services required in this chapter and more effectively carry out the its provisions of this chapter.
Section 6-9-30. The county and municipal governing bodies may appoint building, electrical, plumbing, gas, and housing inspectors and employ other assistants as they may consider necessary and may prescribe fees or charges for permits and inspections. All municipalities and counties shall appoint a building official and a fire official. Based on the needs established by each municipality or county, the appointing authority may appoint and employ other personnel and assistants necessary to perform the required inspections and duties and may prescribe fees for construction permits and inspections. The appointment of a building official and a fire official and the establishment of a building inspection program and a fire codes inspection program for all municipalities and counties must be accomplished according to the following dates and populations based on the population figures of the latest official United States Census:
(1) municipalities and counties with a population above fifty thousand: July 1, 1992;
(2) municipalities and counties with a population of twenty-five thousand to fifty thousand: July 1, 1993;
(3) municipalities and counties with a population under twenty-five thousand: July 1, 1994.
Section 6-9-40. Prior to adoption of any of the codes or regulations permitted in this chapter, the governing body shall hold public hearings on the codes or regulations. Not less than fifteen days' notice of the time and place of the hearings must be published in a newspaper of general circulation in the county. The building and fire codes and standards referenced provided in Section 6-9-50 must be adopted within six months after the establishment of a building inspection and fire inspection department. State agency adoption of a building or fire code or regulation permitted by this chapter must be accomplished in accordance with the Administrative Procedures Act.
Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, and the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.
Section 6-9-60. Municipalities or and counties are authorized to may adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code, Standard Swimming Pool Code, Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance.
Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen members which is established in this section. Members of this the council must be appointed by the Governor for terms of four years and until their successors are appointed and qualified. The council shall include an architect registered in South Carolina, representatives from the Municipal Association of South Carolina, the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, a municipal certified building official, a county certified building official, a county certified fire official, a municipal certified fire official, a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, a general contractor and residential home builder licensed in South Carolina, a handicapped person, and the Chief Engineer of the State Budget and Control Board a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, a representative designated by the Chief Engineer of the State Budget and Control Board, a structural engineer registered in South Carolina, a certified building inspector, and a representative designated by the State Fire Marshal. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building and fire codes by cities municipalities and counties to insure compliance with this chapter.
Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years.
Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The Division of General Services of the State Budget and Control Board shall provide personnel for enforcement of the laws and regulations of the South Carolina Building Code Codes Council and shall employ and supervise personnel necessary to carry out the its duties of the council.
Within thirty days after its appointment the council shall meet on call by the Chief Engineer of the State Budget and Control Board. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council.
Section 6-9-63. Within its boundaries a municipality or county may pass and enforce local ordinances pertaining to the installation of residential fire protection systems as defined by the National Fire Protection Association without prior approval of the South Carolina Building Codes Council. The systems required by local ordinances must be installed in accordance with the applicable National Fire Protection Association standard. It is the responsibility of owners to notify contractors performing construction services of all National Fire Protection Association standards required by local ordinances before the acceptance of bids or the negotiation of contracts.
Section 6-9-65. (A) For purposes of this section, `farm structure' means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, `farm structure' does not include a structure originally qualifying as a `farm structure' but later converted to another use.
(B) The governing body of a county or municipality may not enforce that portion of any a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International apply.
(C) The provisions of this section do not apply unless prior to before constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal
official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.
(D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to before the construction or improvement of a farm structure.
Section 6-9-70. The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating the building or fire codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed one more than two hundred dollars or imprisonment of imprisoned for not more than thirty days, or both. Each day the violation continues is a separate offense.
Section 6-9-80. In case of any For a violation of or proposed violation of the building or fire codes or regulations adopted pursuant to this chapter, the South Carolina Building Code Codes Council, the local building inspectors officials, local fire officials, municipal or county attorneys, or other appropriate authority authorities of the a political subdivision, or any an adjacent or neighboring property owner who would be damaged by the violation may, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding to prevent, correct, or abate the violation or threatened violation.
Section 6-9-90. County or municipal governing bodies are authorized to may appropriate and expend funds to implement the provisions of this chapter.
Section 6-9-100. The provisions of this chapter are cumulative to other authority of counties and municipalities local ordinances and do not limit the authority of counties and or municipalities.
A city or county that has adopted any of the national, regional, or model codes or any other code prior to May 1, 1982, may continue its use.
Section 6-9-110. In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard be construed to apply entity may not charge permit or license fees to any a state department, institution, or agency, including school district, permanent improvement project, construction project, renovation project, or property. Nothing in this section prohibits local building or fire code enforcement officials from making inspections and enforcing locally adopted codes on state-owned buildings or school districts. Nothing in this chapter limits or modifies the powers of the State Fire Marshal or Commissioner of Labor."
SECTION 4. This act takes effect upon approval by the Governor.