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3716Ratification Number: 86Act Number: 45Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990310Primary Sponsor: BaileyAll Sponsors: BaileyDrafted Document Number: l:\council\bills\psd\7246ac99.docDate Bill Passed both Bodies: 19990519Governor's Action: SDate of Governor's Action: 19990601Subject: Building Codes Council, Modular Board of Appeals eliminated; regulations, standards; Buildings, Mobile HomesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990618 Act No. A45 ------ 19990601 Signed by Governor ------ 19990526 Ratified R86 Senate 19990519 Read third time, enrolled for ratification Senate 19990518 Read second time, notice of general amendments Senate 19990513 Committee report: Favorable 12 SLCI Senate 19990422 Introduced, read first time, 12 SLCI referred to Committee House 19990421 Read third time, sent to Senate House 19990420 Read second time House 19990414 Committee report: Favorable 26 HLCI House 19990310 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on April 14, 1999 - Word format Revised on May 13, 1999 - Word format
(A45, R86, H3716)
AN ACT TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Promulgation of regulations
SECTION 1. Section 23-43-40 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:
"Section 23-43-40. The council may promulgate regulations for the proper enforcement and implementation of this chapter. Promulgated regulations must incorporate the codes enumerated in Section 6-9-50."
Building Codes Council to hear appeals and approve variances
SECTION 2. Section 23-43-60 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:
"Section 23-43-60. The council shall hear appeals and approve or disapprove requested variances from this chapter's provisions. Variances are limited to those instances which are ruled to be equivalent or meet the intent of this chapter. The basis of the decision must be published with the variance order."
Suspension or revocation of certification
SECTION 3. Section 23-43-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-43-110. The council shall suspend or revoke, or cause to be suspended or revoked, the certification of any modular building unit which the council finds not to comply with this chapter or regulations promulgated by authority of this chapter, or which has been manufactured pursuant to a building system or compliance assurance program as to which approval has been suspended or revoked, or which has been altered after certification. If the manufacturer fails to comply with a corrective order, labels of certification must be removed from any modular building unit and no new labels issued until it is brought into compliance with this chapter and applicable regulations. Notice of suspension or revocation of certification must be in writing with the reasons for suspension or revocation set forth. Suspensions or revocations may be appealed to the council. Any decision by the board to suspend, revoke, or otherwise restrict the certification of any modular building unit shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."
Building Codes Council to authorize variances
SECTION 4. Section 23-43-120 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:
"Section 23-43-120. The council may upon appeal in specific cases authorize variance from regulations to permit certain specified alternatives where the objectives of this chapter may be fulfilled by other means. The basis of its decision must be incorporated into its variance orders."
Enforcement limited to local building officials
SECTION 5. Section 23-43-130 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:
"Section 23-43-130. Modular building units bearing evidence of approval must be acceptable in all localities as meeting the requirements of this chapter and must be considered and accepted equivalent to a site-built structure as meeting the requirements of safety to life, health, and property imposed by any ordinance of any local government if the units are erected or installed in accordance with all conditions of the approval. Local land use and zoning requirements, fire zones, building setback requirements, site development requirements, subdivision control, and on-site installation requirements, as well as the review and regulation of aesthetic requirements, are specifically and entirely reserved to local authorities. Those local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a modular or constructed on site in a conventional manner. All local building officials shall enforce the provisions of this chapter and applicable regulations."
Licensing sellers of modular building units; biennial licensure
SECTION 6. Section 23-43-150 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:
"Section 23-43-150. No person may engage in the business of selling wholesale or retail as a manufacturer or manufacturer's representative of modular building units without being licensed by the council. All license applications must be accompanied by the required fee and a surety bond or other security approved by the council and in an amount set by the council. A separate license and bond or security is required for each manufacturing facility.
All licenses must be granted or refused within forty days after proper application. All licenses expire June thirtieth of each odd-numbered year, unless sooner revoked or suspended.
Each manufacturer's license must be issued in the business name of the manufacturer. Each manufacturer's representative's license must be issued in the name of the representative.
The council shall prescribe the form of license. All manufacturer's licenses must be sent to the address of that place of business.
Pursuant to its regulations, the council may deny the issuance of or revoke or suspend any license."
SECTION 7. Section 23-43-140 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 1999.
Approved the 1st day of June, 1999.
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