A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-75-70 SO AS TO REQUIRE PERIODIC FULL STRUCTURAL INSPECTIONS OF CERTAIN COASTAL MULTI-STORY BUILDINGS BY CERTIFIED STRUCTURAL EXPERTS AS A CONDITION OF PROPERTY INSURANCE RENEWAL, TO PROVIDE INSURERS MAY CONSIDER THE FINDINGS AND CONCLUSIONS OF STRUCTURAL INSPECTION REPORTS WHEN DETERMINING WHETHER TO RENEW, NONRENEW, OR CONDITIONALLY RENEW A POLICY, AND TO PROVIDE A POLICY RENEWED FOLLOWING A QUALIFYING INSPECTION MUST PROVIDE COVERAGE FOR LOSS OR DAMAGE UP TO POLICY LIMITS AND COVERAGE FOR REASONABLE ALTERNATIVE LIVING EXPENSES WHEN EVACUATION IS NECESSARY DUE TO STRUCTURAL DEFICIENCIES.

 

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

 

SECTION 1.  Article 1, Chapter 75, Title 38 of the S.C. Code is amended by adding:

 

    Section 38-75-70.  (A) As used in this section:

       (1) "Building" means a residential or mixed-use structure intended for human occupancy.

       (2) "Certified structural expert" means a professional engineer licensed in this State with demonstrated experience in structural engineering, or another person approved by the Department of Insurance by regulation who possesses substantially equivalent credentials. The department shall create and maintain a publicly-accessible database of such certified structural experts on the internet website of the department.

       (3) "Coastal area" means any location within three miles of the Atlantic Ocean coastline of this State, measured horizontally from the mean high-water mark.

       (4) "Full structural inspection" means a comprehensive evaluation of the primary structural systems of a building, including the foundation, load-bearing elements, framing, columns, beams, slabs, balconies, and other components necessary to determine the overall structural integrity and safety of the building, performed by a certified structural expert in accordance with generally accepted engineering standards.

       (5) "Insurer" means an insurance company authorized to transact property insurance business in this State.

       (6) "Renewal" means the continuation of an insurance policy beyond its existing term, whether by issuance of a new policy or by extension of the existing policy.

    (B) This section applies to any building that:

       (1) is four stories or a mean of 49 feet;

       (2) is located within the coastal area; and

       (3) is at least fifteen years of age, as measured from the date of issuance of the original certificate of occupancy.

    (C) A building subject to this section must undergo a full structural inspection by a certified structural expert at least once every five years as a condition to renewing its property insurance. The certified structural expert shall prepare a written report of his findings and conclusions, and provide the report to the insured and insurer.

    (D)(1) An insurer may consider the findings and conclusions of a full structural inspection report prepared by a certified structural expert when determining whether to renew, nonrenew, or condition the renewal of a policy of property insurance covering a building subject to this section.

       (2) If an insurer renews a policy of property insurance covering a building subject to this section and the building has been inspected by a certified structural expert within the five-year period preceding the renewal, the insurer shall provide coverage that includes:

           (a) coverage for loss of or damage to the building up to the full limits of the policy; and

           (b) coverage for reasonable replacement costs for alternative living arrangements for occupants if the building must be wholly or partially evacuated due to structural deficiencies identified during the period between the inspection and the date on which the next inspection is required.

 

SECTION 2.  This act takes effect upon approval by the Governor and is applicable to policies issued or renewed after December 31, 2026.

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