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COMMITTEE REPORT
February 6, 2002
S. 45
Introduced by Senators Land, Ford, Mescher, Giese, Reese, Rankin and Branton
S. Printed 2/6/02--H.
Read the first time May 10, 2001.
To whom was referred a Bill (S. 45) to amend Section 6-9-60, as amended, Code of Laws of South Carolina, 1976, relating to the South Carolina Building Codes Council, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
HARRY F. CATO for Committee.
TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-9-60 of the 1976 Code, as last amended by Act 44 of 1999, is further amended to read:
"Section 6-9-60. (A) Municipalities and counties may adopt by reference only the latest editions of the following nationally recognized codes and the standards referenced in those codes for regulation of construction within their respective jurisdictions: property maintenance, existing building and swimming pool codes as promulgated, published, or made available by the Southern Building Code Congress International, Inc. The appendices of the codes provided in this section may be adopted as needed by a municipality or county, but the specific appendix or appendices must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and the administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body. If a municipality or county contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to the South Carolina Building Codes Council of fifteen sixteen members which is established in this section.
(B) Members of the council must be appointed by the Governor, for terms of four years each and until a successor is appointed and qualifies. The council shall consist of:
(1) an architect registered in South Carolina,;
(2) municipal administrator, manager, or elected official,;
(3) a county administrator, manager, or elected official,;
(4) a representative of the electrical industry who is either an engineer or master electrician registered in South Carolina,;
(5) a general contractor licensed in South Carolina,;
(6) a residential home builder licensed in South Carolina, from a list of qualified candidates submitted to the Governor by the Home Builders Association of South Carolina;
(7) a disabled person,;
(8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic,;
(9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber,;
(10) a representative designated by the State Engineer of the Budget and Control Board,;
(11) a structural engineer registered in South Carolina,;
(12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building who does not have any financial interest in these professions, and who does not have any immediate family member in these professions,;
(13) a representative designated by the State Fire Marshal,;
(14) a representative of the modular building industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member,; and
(15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member.; and
(16) a code enforcement officer registered in South Carolina.
A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent a jurisdiction may vary from the series of codes listed in this chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by municipalities and counties to ensure compliance with this chapter. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its members a chairman, vice-chairman, and secretary. The council shall adopt regulations consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. The council shall meet at least two times a year and at other times upon the call of the chairman or a majority of the council. All members must be notified by the chairman in writing of the time and place of the meeting at least seven days in advance of the meeting. Eight members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council.
(C) The Building Codes Council is authorized to review, approve, and adopt any new additions or amendments of the codes referenced in this chapter for use, reject those codes in whole or in part, or approve continued use of sections of earlier versions of the codes which had been previously approved and adopted. Except as may be provided in this section, local jurisdictions may only adopt the version of the code approved by the Building Codes Council."
SECTION 2. This act takes effect upon approval by the Governor.
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