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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 1, 2000
H. 4378
S. Printed 3/1/00--H.
Read the first time January 11, 2000.
TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 5, Title 10 of the 1976 Code is amended to read:
Section 10-5-210. The General Assembly hereby declares that it shall henceforth be the policy of this State is to encourage and enable persons who are physically handicapped with disabilities to achieve maximum personal independence; to become gainfully employed; to use and enjoy all governmental buildings and facilities and all public buildings and facilities; and to otherwise participate fully in all aspects of society. The General Assembly resolves to enact legislation necessary to implement this policy and the purpose of this article is to begin this implementation.
Section 10-5-220. As used in this article:
(1) 'Governmental buildings' shall include means all buildings, structures, and facilities streets and sidewalks and access thereto used by the public or in which physically handicapped persons may be employed that are constructed, purchased, leased, or rented in whole or in part by the federal, state, county, or municipal government or use of State, county or municipal funds or the funds of any political subdivision of the State; and, to the extent not required otherwise by Federal law or regulations or not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed, purchased, leased or rented in whole or in part by use of Federal funds.
(2) 'Public buildings' shall include means all buildings, structures, and facilities streets and sidewalks and access thereto used by the public or in which physically handicapped persons may be employed that are constructed, purchased, leased, or rented by the use of private funds, including rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more, except that the provisions of this article shall apply to only five percent of those units or a minimum of one unit, whichever is the greater, and provided, further, that the provisions of this article shall do not apply to a private residence.
(3) 'Facilities' shall include, but are not limited to sidewalks, curbings and entrances giving access to governmental buildings and public buildings and accommodations in those buildings available for use by the public or employees, including bathroom facilities, toilet stalls, dining areas, drinking fountains, phone booths and lodging rooms or quarters means all building elements defined or specified by ANSI A117.1.
(4) 'Architectural barriers' shall include physical design features that restrict access or full use of government buildings, public buildings and their facilities by the aged, disabled or physically handicapped 'ANSI' means the American National Standards Institute.
(5) 'Renovation' means a construction project where at least thirty-five percent of the building or facility is changed 'Building code' means the building code adopted by Section 6-9-50(A).
(6) 'Board' means the South Carolina Board for Barrier-Free Design as established in this chapter.
Section 10-5-230. There is created the South Carolina Board for Barrier-Free Design, which must be composed of six nine members, six to be appointed by the Governor for terms of four years and until their successors are appointed and qualify. Not less No fewer than two appointed members of the board must be physically handicapped who ambulate by use of wheelchairs have mobility impairments, one appointed member must be a building official, and one appointed member must be a licensed architect. Vacancies on the board must be filled by appointment in the same manner as provided for the original appointment for the remainder of the unexpired term. The board shall also have In addition to the appointed members, the following three ex officio members shall serve on the board:
(1) the Chairman of the Building Code Council Director of the Department of Labor, Licensing and Regulation;
(2) the Director of the State Department of Vocational Rehabilitation; and
(3) the State Engineer employed by the Budget and Control Board.
The ex officio members may appoint proxies for their respective offices. The ex officio members and their proxies have all the powers, privileges, and duties of the appointed members.
Section 10-5-235. (A) On June 30, 2002, the South Carolina Board for Barrier-Free Design is abolished and all functions, powers, and duties of the board are devolved upon the Accessibility Committee for the South Carolina Building Codes Council. All records, property, personnel, and any unexpended appropriations allocated to the board are transferred as of June 30, 2002 to the committee. The committee must be composed of the members of the South Carolina Building Codes Council serving on June 30, 2002, in the positions of the member with a disability, the architect, the municipal administrator, the public member, and the State Engineer. The Accessibility Committee shall advise the Building Codes Council on all matters concerning accessibility including, but not limited to, amendments to state and federal statutes, regulations, or standards, education of the general public, and local enforcement.
(B) As of June 30, 2002 all references to the Board for Barrier-Free Design must be construed to mean the Accessibility Committee for the South Carolina Building Codes Council, and where practical and efficient to do so, the Code Commissioner for the Legislative Council shall change statutory references to conform to the provisions of this section.
Section 10-5-240. The board shall elect a chairman and vice-chairman to serve for terms of two years each and until their successors are elected and qualify. The board shall may adopt rules for the purpose of governing its internal proceedings. The board shall meet at least once annually and at those other times as may be designated by the chairman but in no event more than twice a month. Five members of the board constitute a quorum at all meetings. All members of the board must be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions for days on which they are on official business of the board, to be paid from the general fund of the State. The board must be administered by the Department of Labor, Licensing and Regulation which shall provide administrative support services, such as office space, clerical assistance, and other facilities as may be required by the board to perform its prescribed functions.
Section 10-5-250. The board shall:
(1) Establish, publish and enforce minimum standards and specifications necessary to eliminate architectural barriers to entry to and use of governmental buildings, public buildings, and their facilities by the aged, disabled or physically handicapped. In this connection the board shall adopt the latest revisions of the Standard Building Code and the American National Standards Institute specifications A117.1 with such modifications as the board shall deem appropriate.
(2) Promulgate rules and regulations to enforce the provisions of this act and the aforesaid standards. (A) The requirements for accessibility for people with disabilities contained within the building code and ANSI A117.1, with such modifications as the board considers appropriate, are adopted as minimum standards for compliance with this chapter. Notwithstanding any other provision of law, rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more shall provide for not less than five percent of all units or a minimum of one unit, whichever is greater, to be accessible for use by people with disabilities.
(B) The board may promulgate regulations to enforce the provisions of this article and the standards provided for in subsection (A).
Section 10-5-260. After January 1, 1975, no person may construct or permit the construction of a governmental building or a public building or any facility of either unless the building and facility is designed in compliance with the standards and regulations adopted pursuant to this article.
After January 1, 1975, no person may renovate or permit the renovation of a governmental building or a public building or any facility of either unless the portions or areas being renovated are designed in compliance with the standards and specifications established pursuant to this article. No person may construct or alter a building, structure, or facility of any occupancy classification, with exception of detached one and two family dwellings, unless the construction or areas being altered are designed in compliance with the standards and requirements adopted pursuant to the chapter. If the occupancy, as defined by the building code, of an existing building is changed, that building must be made to conform to the requirements of this chapter for the new occupancy. If the occupancy of a portion of an existing building is changed, only the portion that is changed shall be required to comply.
It is the responsibility of the owner or the occupant of any property which contains structural or building elements or components required to be in compliance with this article, to continuously maintain these elements and components in a condition that is safe and usable by handicapped persons with disabilities at all times.
Nothing in this chapter affects in any way government buildings, public buildings, or facilities exempted by any federal law, including the Americans with disabilities Act of 1990, as amended.
Section 10-5-270. The board may waive or modify any part of the standards and the specifications established pursuant to this article upon request, on a case by case basis, if the board determines:
(a) the purpose of this article can be fulfilled by an acceptable alternative to the particular standard;
(b) the incremental construction cost to conform to the standards exceeds seven percent of the total construction or renovation cost;
(c) occupancy and employment practices would generally exclude the use of a structure by handicapped persons due to hazards and employment requirements;
(d) usage or size of structures would have minimal impact in facilitating the handicapped; or
(e) the building involved is identified or classified by national or state jurisdictions as an 'historic building' in which case no more than one accessible entrance may be required except that no accessible entrance may be required for so-called museum houses.
In areas of the State where building codes have been adopted and Building Boards of Adjustments and Appeals established to review construction related cases, these boards may carry out their normal function concerning code requirements for facilities for the handicapped. These Building Boards of Adjustments and Appeals shall consist of at least five members, including one architect, one engineer, one member at large from the building industry, one building contractor, and one member at large from the public. Should the Board for Barrier-Free Design determine that barrier-free design regulations are not being adequately enforced in any jurisdiction the board may withdraw the authority of that jurisdiction to make waivers or modifications and require that requests for these exceptions must thereafter be referred to the Board for Barrier-Free Design.
In areas of the State where there is no Building Board of Adjustments and Appeals, constituted as required by this section, all requests for waiver or modification must be submitted to the Board for Barrier-Free Design. However, the board may delegate authority to grant waiver of standards and specifications to local authorities, state officials, and municipal or county boards as it considers necessary and proper. Appeals from the decisions of the authorities listed above may be made to the Board for Barrier-Free Design.
If the Board for Barrier-Free Design denies a request for waiver or modification of the standards and specifications it shall notify the person or governmental entity requesting the waiver. Board action which denies a waiver or modification application may be appealed to an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1. (A) All plans for buildings, structures, and facilities to be constructed or altered must be reviewed and approved for compliance with this chapter and must be submitted to one of the following officials for approval:
(1) for state owned or leased facilities, to the State Engineer, Office of General Services, State Budget and Control Board;
(2) for elementary and secondary public schools, to the Director, Office of Facilities Management, State Department of Education;
(3) for health care facilities, to the Director, Bureau of Health Facilities Construction, Licensing and Certification, State Department of Health and Environmental Control;
(4) for buildings not covered by this subsection or subsections (B) or (C), to the local building officials appointed by a municipal or county government within their respective jurisdictions;
(5) in jurisdictions without building officials, to the Administrator, Building Codes Council.
(B) Plans for all construction or alterations affected by this chapter must be submitted to the appropriate official by the project owner, architect, or contractor for preconstruction review and approval. Each submittal shall consist of at least one set of project drawings and specifications, project name or description, street address or location, and the owner's name and address.
(C) Compliance with this article, including conducting compliance investigations, must be carried out by the officials, enumerated in this section, within their respective jurisdictions.
SECTION 10-5-271. The board may make exceptions to the provisions of this article for certain classes of buildings and facilities if the board determines that such action is necessary and proper and is based on one or more of the bases for granting waivers set forth in SECTION 10-5-270.
Section 10-5-272. Notwithstanding any other provision of law, if the incremental construction cost to conform a building to the standards established pursuant to this article exceeds seven percent of the total estimated construction or renovation costs, as certified in writing by the architect or person in charge of construction, the provisions of this article shall not apply to the construction or renovation of that building on the floors above grade and shall not apply so as to require the expenditure of more than seven percent of the total construction or renovation cost on floors of grade level.
SECTION 10-5-273. The standards established pursuant to this article do not apply to the floors above grade of any building where such building does not exceed five thousand square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service.
Section 10-5-280. The international symbol of access to the physically handicapped shall for people with disabilities must be permanently displayed at the entrance of buildings, structures, and facilities that are in compliance with the standards established pursuant to this article.
Section 10-5-290. Any A person who is injured, deprived of employment, denied access to public buildings, structures, or facilities, or is otherwise deprived of his rights as a citizen as declared in the statement of state policy set forth in Section 10-5-210 may enforce his these rights by injunction and recover damages in a proper case in the court of common pleas when his action is based on a violation of regulations promulgated by the board.
SECTION 10-5-300. The enforcement of the provisions of this article, including investigations, must be by the building official of counties and municipalities which have properly adopted building codes in accordance with Chapter 9, Title 6. Counties and municipalities may establish regional agreements with other political subdivisions of the State to provide the services required of the building official and to enforce the provisions of this chapter. If a county or municipality does not have properly adopted building codes, then the Chairman of the Building Code Council shall enforce the provisions of this article in that county or municipality.
SECTION 10-5-310. Any person charged with construction, renovation, erecting, remodeling or maintenance of the structural or building elements or components of any governmental or public building who fails to comply with the provisions of this article after being notified to do so by the appropriate inspector as enumerated in Section 10-5-300 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each day the violation exists constitutes a separate offense.
Section 10-5-320. The board or the persons empowered by The official having jurisdiction pursuant to Section 10-5-300 10-5-270 to enforce the provisions of this article shall notify any the owner of property in violation of this article to comply with its provisions and make the necessary changes or corrections within a reasonable time. In the event of noncompliance after a reasonable time, the board or the persons empowered by Section 10-5-300 to enforce the provisions of this article shall official may bring suit before an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1 to enjoin further construction of the building or facility or to enjoin the or use of the building, structure, or facility until it is in compliance with the standards and specifications established pursuant to this article.
SECTION 10-5-330. A. Agencies of this State shall encourage, by example, an environment that is barrier free to the handicapped.
B. After January 1, 1984, All meetings and conferences of an agency of this State, in which participation by the public is invited or desirable, of any agency of this State must be held in a place and manner that is accessible to handicapped citizens, including those who are handicapped in vision, hearing, or mobility, unless there are compelling reasons otherwise such as the lack of any such available meeting place persons with disabilities.
C. The South Carolina Board for Barrier Free Design must establish and distribute minimum guidelines for determining the accessibility of meeting places and must provide assistance to agencies for the purpose of complying with this article."
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