Current Status Bill Number:
3175Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970114Primary Sponsor: BaileyAll Sponsors: BaileyDrafted Document Number: pt\2798dw.97Residing Body: SenateCurrent Committee: Labor, Commerce and Industry Committee 12 SLCIDate of Last Amendment: 19970318Subject: Building Codes Enforcement Officers, fire marshals
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970320 Introduced, read first time, 12 SLCI referred to Committee House 19970319 Read third time, sent to Senate House 19970318 Amended, read second time House 19970312 Committee report: Favorable with 26 HLCI amendment House 19970114 Introduced, read first time, 26 HLCI referred to Committee House 19970108 Prefiled, referred to Committee 26 HLCIView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
March 18, 1997
S. Printed 3/18/97--H.
Read the first time January 14, 1997.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 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; TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, 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 THOSE 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; AND TO REPEAL CHAPTER 10 OF TITLE 6 RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 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."
SECTION 2. 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 chairman no later than January fifteenth of each year."
SECTION 3. Chapter 9, Title 6 of the 1976 Code is 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, 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 building 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.
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. 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 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 appendices 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. 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 unincorporated area of the county is under the jurisdiction of a building official. Municipalities 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. 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. (A) 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 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 provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable 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 deemed in compliance with the Building Envelope Requirements of the Model Energy Code if (a) 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 Laboratories for South Carolina's climactic zones, or (b) if double pane or 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:
(1) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19 ;
(2) R-13 for exterior walls;
(3) R-19 for floors with crawl space;
(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.
Section 6-9-60. (A) Municipalities or and counties are authorized to 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 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. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable 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. 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 fifteen members which is established in this section.
(B) 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 (1) architect registered in South Carolina, representatives (2) a municipal administrator, manager, or elected official from the Municipal Association of South Carolina, (3) a county administrator, manager, or elected official the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) 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, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (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. 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 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 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(A) of the Code of Laws is amended to read:
Section 6-9-70. (A) 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 found to be in violation of 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 not to exceed one hundred dollars or imprisonment of not more than thirty days 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 it does not place the public in imminent danger or create an emergency situation. If no substantial progress is made toward correcting the violation which does not place the public in imminent danger or create an emergency situation by the end of the seventh calendar day in the opinion of the inspector or official, every day of such violation thereafter is considered a separate offense. In addition, every day a violation continues is a separate offense in those situations that place the public in imminent danger or create emergency situations.
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 appropriate and expend funds to implement the provisions of this chapter. 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.
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 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 except in the case of unsafe buildings and changes in occupancy classification as defined in the Standard Building Fire Prevention and existing building codes."
SECTION 4. 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 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. 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.
SECTION 6. Chapter 10 of Title 6 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.