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COMMITTEE REPORT
May 13, 1999
H. 3716
S. Printed 5/13/99--S.
Read the first time April 22, 1999.
To whom was referred a Bill (H. 3716), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
J. VERNE SMITH, for Committee.
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:
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 Standard Building Code and nationally recognized codes as defined by Section 6-9-60 codes enumerated in Section 6-9-50."
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 Modular Buildings Board of Appeals consisting of seven members is established. Members of the board must be appointed by the Governor for terms of four years and until their successors are appointed and qualify. The board shall include a registered architect, a registered mechanical engineer, a registered structural engineer, one building official, one fire prevention employee of a fire department, one licensed modular building manufacturer, and one member of the general public. The board's primary responsibility is to 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.
The members shall receive that mileage, subsistence, and per diem as provided by law for members of boards, committees, and commissions for attendance at board meetings called by the chairman."
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 Modular Buildings Board of Appeals 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."
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 Modular Buildings Board of Appeals 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."
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. In localities with no building official, the State Fire Marshal, the Building Codes Council, or the South Carolina Residential Homebuilders Commission, within their authority, shall enforce."
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.
Fees charged must be established by the council.
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 representative's licenses must be sent to the resident address of the licensee. 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.
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