Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3889
STATUS INFORMATION
General Bill
Sponsors: Reps. Pinson and Rice
Document Path: l:\council\bills\nbd\11470ab07.doc
Introduced in the House on April 17, 2007
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Building Codes Enforcement Officer
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/17/2007 House Introduced and read first time HJ-11
4/17/2007 House Referred to Committee on Labor, Commerce and Industry
HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 6-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A BUILDING CODES ENFORCEMENT OFFICER, SO AS TO PROVIDE ADDITIONAL DEFINITIONS OF RELATED TERMS; TO AMEND SECTION 6-8-20, RELATING TO RESPONSIBILITIES OF THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REQUIRE THE COUNCIL TO PUBLISH A LIST OF REGISTRANTS AND TO DELETE OTHER REPORTING REQUIREMENTS; TO AMEND SECTION 6-8-30, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION, SO AS TO PROVIDE THAT AN UNCERTIFIED PERSON EMPLOYED AS A BUILDING CODES ENFORCEMENT OFFICER MUST BE GRANTED PROVISIONAL REGISTRATION WITHOUT EXAMINATION AND SUBJECT TO ADDITIONAL REQUIREMENTS; TO AMEND SECTION 6-8-40, RELATING TO THE REQUIREMENT OF REGISTRATION TO PRACTICE AS A BUILDING CODES ENFORCEMENT OFFICER AND PENALTIES FOR A VIOLATION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS AND EXCEPTIONS FOR AN ARCHITECT OR ENGINEER; TO AMEND SECTION 6-8-50, RELATING TO THE AVAILABILITY OF INJUNCTIVE RELIEF AGAINST A VIOLATOR, SO AS TO PROVIDE THAT RELIEF MAY BE SOUGHT FROM THE ADMINISTRATIVE LAW COURT, AMONG OTHER THINGS; TO AMEND SECTION 6-8-60, RELATING TO APPLICATIONS FOR REGISTRATION, SO AS TO MAKE CONFORMING CHANGES AND TO PROVIDE THAT REGISTRATION AUTHORIZES A REGISTRANT TO PRACTICE IN A SPECIFIC CONSTRUCTION TRADE DISCIPLINE; AND TO AMEND SECTION 6-8-70, RELATING TO THE DURATION OF A CERTIFICATE AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-8-10 of the 1976 Code is amended to read:
"Section 6-8-10. When used in this chapter 'building codes enforcement officer' means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer. (1) 'Building codes enforcement officer' means a person employed by a local jurisdiction and responsible for:
(a) administering a building inspecting department for the local jurisdiction; or
(b) reviewing compliance with a building, residential, gas, electrical, plumbing, mechanical, fire, or energy code adopted pursuant to Section 6-9-50.
(2) 'Contract inspection agency' means an entity that provides an inspection service to a local jurisdiction on a contract basis.
(3) 'Construction trade discipline' means a discipline related to the construction of a building including, but not limited to, building, electrical, gas, plumbing, mechanical, fire, or energy services.
(4) 'Contract inspector' means a person certified to perform a building inspection, other than a special inspection, in a construction trade discipline within a local jurisdiction on a contract basis.
(5) 'Entity' means a sole proprietorship partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or another legal entity organized pursuant to the law of this State.
(6) 'Local jurisdiction' means a municipality or county of this State.
(7) 'Special inspection agency' means an entity that provides a special inspection.
(8) 'Special inspector' means a person certified to perform a special inspection in a construction trade discipline pursuant to the International Building Code.
(9) 'Special registration' means a current authorization issued by the South Carolina Building Codes Council for a person who holds a certification by a recognized code organization, approved by the council, in no more than one construction trade discipline.
(10) 'General registration' means a current authorization issued by the council for a person certified in multiple construction trade disciplines by a code organization recognized and approved by the council."
SECTION 2. Section 6-8-20 of the 1976 Code is amended to read:
"Section 6-8-20. (A) The South Carolina Building Codes Council is responsible for the registration of a building codes enforcement officers officer, contract inspector, contract inspection agency, special inspector, and special inspection agency pursuant to this chapter. The council or its designated representatives representative may conduct hearings and proceedings required by law or considered necessary by the council. The Department of Labor, Licensing and Regulation shall employ and supervise personnel necessary for the administration of needed to administer this chapter. The council may promulgate regulations for the proper enforcement of this chapter.
(B) The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish biannually during odd-numbered years the applications in the register which are approved. Applicants and registrants publish a roster of its registrants. A registrant shall notify the council of changes a change in required information within ten days of a the change."
SECTION 3. Section 6-8-30 of the 1976 Code is amended to read:
"Section 6-8-30. (A) A certificates certificate of registration may be issued without examination to a building codes enforcement officers officer employed in codes enforcement on the effective date of this chapter but only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
(B) Upon initial employment by a political subdivision as a building codes enforcement officer by a local jurisdiction, an uncertified individual must be granted a provisional certificate of registration without examination which and that is valid from the date of employment for the time period stipulated stated by regulation for each a registration classification from the date of issuance pending certification. The provisional certificate of registration may not be renewed."
SECTION 4. Section 6-8-40 of the 1976 Code is amended to read:
"Section 6-8-40. No person may practice as a codes enforcement officer in this State unless registered as provided in this chapter. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense. (A) Unless registered pursuant to the requirements of this chapter:
(1) a person may not practice as a code enforcement officer, contract inspector, or special inspector in this State unless registered pursuant to this chapter, except an architect licensed by the Board of Architectural Examiners of this State or an engineer registered by the Board of Professional Engineers and Land Surveyors of this State may practice as a special inspector without additional registration required by this chapter; and
(2) a person or entity may not practice as a contract inspection agency or special inspection agency in this State unless registered pursuant to this chapter.
(B) A violation of this chapter:
(1) makes a person guilty of a misdemeanor and subject to a fine of no more than two hundred dollars or imprisonment for no more than thirty days; and
(2) subjects an entity to a fine of no more than two hundred dollars and injunction from engaging in the practice that constituted a violation.
(C) A separate violation occurs on each day of a violation."
SECTION 5. Section 6-8-50 of the 1976 Code is amended to read:
"Section 6-8-50. If the council has reason to believe that a person or entity is violating or intends to violate a provision of this chapter, in addition to other remedies, it may order the person immediately or entity to immediately refrain from the conduct. The council may apply to the court of common pleas Administrative Law Court for an injunction restraining the person or entity from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or order pursuant to this section."
SECTION 6. Section 6-8-60 of the 1976 Code is amended to read:
"Section 6-8-60. (A) A person desiring to be registered seeking registration as a building codes enforcement officer as required by this chapter shall must apply upon on a form prescribed by the council.
(B) An applicant shall must furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency in the general or special capacity in which he desires to be registered construction trade discipline for which he is employed to perform an inspection. A special certificates of registration authorize authorizes the registrant to practice in the named specialty construction discipline only. A general certificates of registration are not restricted authorizes a registrant to practice in a construction trade discipline for which certification has been obtained. The council or its designated representatives shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon a person employed as a building codes enforcement officer, contract inspector, or contract inspection agency in its jurisdiction."
SECTION 7. Section 6-8-70 of the 1976 Code is amended to read:
"Section 6-8-70. (A) A certificate of registration is valid for two years and expires on July first of each an odd-numbered year unless renewed before that date. A renewal of all registrations a registration must be based upon a determination by council of the applicant's participation in approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building codes enforcement officers a registrant. A person or entity failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants and may not practice until registered in accordance with this chapter.
(B) Funding for the certification, training, and continuing education of building code enforcement officers must be appropriated to the Department of Labor, Licensing and Regulation in the manner provided in Section 38-7-35."
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 10. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:36 P.M.