A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-10-30, RELATING TO THE ADOPTION OF THE 2009 EDITION OF THE ENERGY CONSERVATION CODE, SO AS TO LIMIT ITS APPLICATION TO CONSTRUCTION FALLING WITHIN THE SCOPE OF THE INTERNATIONAL RESIDENTIAL CODE; AND BY AMENDING SECTION 6-10-40, RELATING TO APPEAL BY LOCAL JURISDICTION FOR VARIANCE TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REQUIRE THAT STATEWIDE MODIFICATIONS NOT FALLING WITHIN THE SCOPE OF THE INTERNATIONAL RESIDENTIAL CODE MAY BE MADE IN THE SAME MANNER AS OTHER BUILDING CODES.

 

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

 

SECTION 1.  Section 6-10-30 of the S.C. Code is amended to read:

 

    Section 6-10-30. The 2009 edition of the International Energy Conservation Code is adopted as the Energy Standard for construction that falls within the scope of the International Residential Code. For all other types of construction, the edition of the International Energy Conservation Code is subject to adoption by the South Carolina Codes Council in accordance with Section 6-9-50 as the Energy Standard. All new and renovated buildings and additions constructed within the State must comply with this standard.

 

SECTION 2.  Section 6-10-40 of the S.C. Code is amended to read:

 

    Section 6-10-40. (A)A local jurisdiction may appeal to the South Carolina Building Codes Council for a variance from the Energy Standard for application within its jurisdiction based on special local conditions. The council may approve variations if it is established to the council's satisfaction that the proposed variance:

        (1) is consistent with this chapter, so that its application will not reduce statewide uniformity of effective energy conservation;

        (2) does not discriminate against particular technologies, techniques, or materials;

        (3) does not unnecessarily increase the cost of construction and operation of the building in the jurisdiction; or

        (4) is necessary to protect the public health, safety, and welfare within the jurisdiction.

    (B) Copies of an approved variance must be provided upon the request by the State Energy Office.

    (C) Statewide modifications to the Energy Standard for construction not falling within the scope of the International Residential Code, including emergency modifications, may be made in the same manner as other building codes adopted by the South Carolina Building Codes Council pursuant to Chapter 9, Title 6.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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