South Carolina General Assembly
116th Session, 2005-2006

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Bill 131

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 15, 2005

S. 131

Introduced by Senators Leatherman, Elliott and Ford

S. Printed 2/15/05--S.

Read the first time January 11, 2005.

            

A BILL

TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES, STANDARDS, AND PROCEDURES, TO PROVIDE THAT MODIFICATIONS PROMULGATED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL DO NOT REQUIRE READOPTION OF SUBSEQUENT EDITIONS OF THE BUILDING CODES AND A PROCEDURE FOR RECONSIDERATION OF THOSE MODIFICATIONS.

Amend Title To Conform

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

SECTION    1.    Section 6-9-40 of the 1976 Code is amended by adding:

"Section 6-9-40.    (A)    The council is authorized to review, adopt, modify, and promulgate the building codes referenced in Section 6-9-50, provided that:

(1)    a notice of intention to adopt a code or a new edition of a code must be published in the State Register as a Notice of General Interest, on web sites published by the Department of Labor, Licensing and Regulation, and must be provided to each local building department with instructions for its prominent display.

(2)    the notice must include:

(a)    the address to which interested persons may submit written comments; and

(b)    a period of not less than one hundred eighty days during which comments may be received;

(3)    comments must be assigned to a study committee appointed by the council which shall publish Notice of General Interest in the same manner as provided in item (1) setting out the committee's scope of review. The notice must give instructions for filing an intention to appear before or provide evidence or comments to the committee, or both. The committee must be comprised of at least three people with different technical backgrounds;

(4)    the committee shall hold at least one public meeting, accept evidence and comments, and make a written recommendation to the council. Within one hundred eighty days from the end of the comment period, the council shall adopt, modify, or deny the recommendations from the committee. The council may modify or amend the code after a finding on the record that the modifications provide a reasonable degree of public health, safety, and welfare;

(5)    the council shall promulgate modifications to the building codes referenced in Section 6-9-50 using the provisions of Chapter 23, Title 1 (Administrative Procedures Act); and

(6)    the promulgated code becomes effective on the first day of January or July which is more than six months from the effective day of the regulation.

(B)    Modifications promulgated pursuant to this section do not require readoption by the council for subsequent editions of the building codes. Upon submission of a formal request, existing modifications shall be reconsidered each time a new edition of the building code is considered for adoption by the council."

SECTION    2.    This act takes effect upon approval by the Governor and affects modifications authorized from the 2000 code cycle forward.

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