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Bill 1214

                    Current Status

Bill Number:                      1214
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000307
Primary Sponsor:                  J. Verne Smith
All Sponsors:                     J. Verne Smith
Drafted Document Number:          l:\council\bills\nbd\11825ac00.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Nationally recognized building codes, 
                                  adoption and enforcement of; Agencies, State, 
                                  Government, Buildings


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000307  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH THE REGULATION OF BUILDINGS OR OTHER STRUCTURES BY ENFORCING A NATIONALLY RECOGNIZED CODE TO ADOPT THE LATEST EDITION OF THE APPLICABLE CODE, TO PROVIDE PROCEDURES FOR THE ADOPTION OF SUCH CODES AND APPENDICES, AND TO PROHIBIT AN AGENCY FROM ENFORCING A NATIONAL CODE TO THE EXTENT IT IS INCONSISTENT WITH STATE LAW.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 1 of the1976 Code is amended by adding:

Section 1-34-10. The public policy of South Carolina is to maintain reasonable and consistent standards of construction in buildings and other structures in the State in order to protect the public health, safety, and welfare of its citizens. Accordingly, all agencies should enforce the same editions of nationally recognized codes and standards for the construction, manufacture, renovation, improvement, and maintenance of structures. To effect this policy, it is intended that all state regulatory agencies enforce the same editions of nationally recognized codes.

Section 1-34-20. As used in this chapter:

(1) 'Agency' or 'state agency' means each state board, commission, department, executive department, or office, other than the General Assembly or the courts, charged with the regulation of buildings or other structures by enforcing a nationally recognized code. An agency is charged with the regulation of buildings or other structures by enforcing a nationally recognized code if the code is referenced in the statutes or regulations administered by that agency.

(2) 'Building Code' means any building, energy, electrical, plumbing, mechanical, gas, or fire code including, but not limited to, the International Building Code Series or Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, Standard Fire Prevention Code, as made available by the Southern Building Code Congress International, Inc., the Energy Code, as made available by the Council of American Building Officials, and the National Electrical Code, as made available by the National Fire Protection Association, if the code is referenced by any other statute or regulation.

(3) 'Standard' means all building, energy, electrical, plumbing, mechanical, gas, or fire standards published by organizations including, but not limited to, the American National Standards Institute, the American Society of Mechanical Engineers, the American Standard Testing Materials Institute, and the National Fire Protection Association, if the standard is referenced by any other statute or regulation.

(4) 'Nationally Recognized Code' means all building codes or standards. Unless expressly adopted as stated in this chapter or otherwise required by law, a 'nationally recognized code' does not include its appendices or revisions. 'Nationally recognized code', for the purposes of this chapter, does not include any provision of a building code or standard which concerns the qualification, removal, dismissal, duties, responsibilities of, or administrative procedures for all building officials, fire officials, deputy officials, chief inspectors, or other inspectors, assistants, or administrators.

(5) 'Latest edition' means latest complete edition officially published, adopted, or approved by the organization which issued the nationally recognized code.

(6) 'Revision' means a change to a nationally recognized code if that change was officially published, adopted, or approved other than at the time a complete edition was officially published, adopted, or approved.

Section 1-34-30. (A) Every agency must adopt the latest edition of every nationally recognized code which it is charged by statute or regulation with enforcing. An agency may adopt a later edition of a nationally recognized code by publishing a notice in the State Register. The notice shall contain:

(1) a statement of the agency's authority to adopt the nationally recognized code;

(2) the complete name of the nationally recognized code and the edition being adopted; and

(3) the name and address of the organization which issued the nationally recognized code.

(B) A nationally recognized code is considered adopted six months after the notice is first published in the State Register. If an agency has not adopted the latest edition of a nationally recognized code within one year of the date it was made available to the public, the latest edition is automatically adopted.

(C) Whether adopted by notice or automatically, a nationally recognized code adopted pursuant to this section may be adopted only as officially published, adopted, or approved without modification.

Section 1-34-40. (A) Notwithstanding any other provision of law, a provision of a statute or regulation which refers to a particular edition of a nationally recognized code must be construed to refer to the edition adopted under Section 1-34-30.

(B) This section does not affect when, or the circumstances under which, a nationally recognized code is applicable.

Section 1-34-50. If an agency is authorized or required by law to enforce the provisions contained in a nationally recognized code appendix, the agency may adopt the appendix, in accordance with Section 1-34-30, in conjunction with, or in addition to, the adoption of the nationally recognized code.

Section 1-34-60. An agency authorized to modify a nationally recognized code by promulgating regulations shall promulgate these regulations in accordance with the Administrative Procedures Act.

Section 1-34-70. (A) Unless otherwise required by law, an agency may not enforce a provision of a nationally recognized code to the extent it is inconsistent with any state statute or regulation that does not rely on a nationally recognized code.

(B) This chapter does not apply to Section 10-1-180."

SECTION. 2. This act takes effect upon approval by the Governor.

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