South Carolina General Assembly
114th Session, 2001-2002

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Bill 3840


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3840
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010329
Primary Sponsor:                  Edge
All Sponsors:                     Edge
Drafted Document Number:          l:\council\bills\nbd\11439ac01.doc
Residing Body:                    Senate
Date of Last Amendment:           20020515
Subject:                          Nationally recognized building codes, 
                                  state agencies to adopt latest edition of; 
                                  Buildings, Building Codes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020515  Amended, read second time,
                  notice of general amendments
Senate  20020514  Committee report: Favorable with       12 SLCI
                  amendment
Senate  20020219  Introduced, read first time,           12 SLCI
                  referred to Committee
House   20020214  Read third time, sent to Senate
House   20020213  Amended, read second time
House   20020212  Debate adjourned until
                  Wednesday, 20020213
------  20020207  Scrivener's error corrected
House   20020206  Committee report: Favorable with       26 HLCI
                  amendment
House   20010329  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill
Revised on February 6, 2002 - Word format
Revised on February 7, 2002 - Word format
Revised on February 13, 2002 - Word format
Revised on May 14, 2002 - Word format
Revised on May 15, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE AMENDMENT ADOPTED

May 15, 2002

    H. 3840

Introduced by Rep. Edge

S. Printed 5/15/02--S.

Read the first time February 19, 2002.

            

A BILL

TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.

    Amend Title To Conform

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

SECTION    1.    Title 1 of the 1976 Code is amended by adding:

"CHAPTER 34

National Building Codes

    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 when the code is referenced in the statutes or regulations administered by that agency.

    (2)    'Building Code' means building, electrical, plumbing, mechanical, gas, or fire codes which are part of the International Building Code series or Standard Building Code series, as published, promulgated or made available by the Southern Building Code Congress International, Inc., the energy code as published by the Council of American Building Officials, and the National Electrical Code and Fire and Life Safety Code, as made available by the National Fire Protection Association, when the code is referenced by any other statute or regulation.

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

    (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. '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)    '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.

    (6)    'Standard' means building, energy, electrical, plumbing, mechanical, gas, or fire standards published by organizations including the American National Standards Institute, the American Society of Mechanical Engineers, the American Standard Testing Materials Institute, and the National Fire Protection Association where the standard is referenced by any other statute or regulation.

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

        (1)    a reference to the agency's original adoption of the nationally recognized code;

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

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

        (4)    an invitation to comment to the agency concerning particular sections of the proposed edition.

    (B)    If no comments are received within sixty days of publication provided pursuant to subsection (A), the agency may file a notice with the Legislative Council to be published in the State Register that the nationally recognized code is promulgated without amendment. Publication of the notice creates a rebuttable presumption that the edition to which it refers was promulgated under this section, is available for public inspection at the agency, and was promulgated without amendment.

    (C)    If negative comments are received concerning sections of the latest edition or if the agency proposes amendments to the latest edition, the notice provided for in subsection (A) shall serve as the notice of drafting required pursuant to Section 1-23-110 and all affected sections must be proposed as regulations pursuant to Section 1-23-120 and are subject to the Administrative Procedures Act. All other sections of the latest edition may be promulgated by notice pursuant to subsection (B).

    (D)    An agency shall accept full and complete compliance with the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing, unless it has promulgated amendments to that code pursuant to this section.

    Section 1-34-40.    (A)    Notwithstanding any other provision of law, an agency shall accept as full and complete compliance with a provision of a statute or regulation which refers to a particular edition of a nationally recognized code compliance with the latest edition of a nationally recognized code unless the agency has published a notice under Section 1-34-30(C) stating that the edition has not been adopted.

    (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.    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."

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

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