Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-195 SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION TO GRANT A WAIVER TO A SCHOOL DISTRICT WHICH APPLIES TO APPLICABLE SCHOOL BUILDING CODES RELATING TO MINIMUM LOT SIZE REQUIREMENTS OR BUILDING SQUARE FOOT REQUIREMENTS FOR CONSTRUCTION OF A NEW PUBLIC SCHOOL BUILDING OR FOR THE CONVERSION OF AN EXISTING COMMERCIAL BUILDING INTO A PUBLIC SCHOOL FACILITY, AND TO PROVIDE THAT THIS AUTHORITY GRANTED THE STATE SUPERINTENDENT OF EDUCATION IS SUPERIOR TO AND SUPERSEDES APPLICABLE BUILDING CODES AND THE AUTHORITY OF A LOCAL BUILDING OFFICIAL OR ENTITY TO DISAPPROVE THE VARIANCES GRANTED BY THE WAIVER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 2, Chapter 23, Title 59 of the 1976 Code is amended by adding:
"Section 59-23-195. (A) Notwithstanding any other provision of law, the State Superintendent of Education is authorized to grant a waiver to a school district which applies to applicable school building codes relating to minimum lot size requirements or building square foot requirements for construction of a new public school building or for the conversion of an existing commercial building into a public school facility; provided, that no waiver as to required exits, corridors, stairways, and doors may be granted.
(B) The authority granted the State Superintendent of Education under this section is superior to and supersedes provisions of applicable building codes and the authority of a local building official or entity to disapprove the variances granted by the waiver."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:35 A.M.