Bill 3793

                    Current Status

Bill Number:               3793
Ratification Number:       457
Act Number                 400
Introducing Body:          House
Subject:                   Relating to the South Carolina Board for
                           Barrier-Free Design

(A400, R457, H3793)

AN ACT TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OR OCCUPANT OF A PROPERTY REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO MAKE CERTAIN GRAMMATICAL CHANGES; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS AND TO PROVIDE THAT EACH DAY THE VIOLATION EXISTS CONSTITUTES A SEPARATE OFFENSE; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.

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

Membership revised

SECTION 1. Section 10-5-230 of the 1976 Code is amended to read:

"Section 10-5-230. There is created the South Carolina Board for Barrier-Free Design which must be composed of six members to be appointed by the Governor for terms of four years and until their successors are appointed and qualify. Not less than two appointed members of the board must be physically handicapped who ambulate by use of wheelchairs and one appointed member must be a licensed architect. Vacancies on the board must be filled by appointment in the same manner as provided for the original appointment for the remainder of the unexpired term. The board shall also have the following three ex officio members: (1) the Director of Building Codes and Regulatory Services of the Division of General Services of the State Budget and Control Board; (2) the Director of the State Department of Vocational Rehabilitation; and (3) the State Engineer employed by the Budget and Control Board. The ex officio members may appoint proxies for their respective offices. The ex officio members have all the powers, privileges, and duties of the appointed members."

Officers revised

SECTION 2. Section 10-5-240 of the 1976 Code is amended to read:

"Section 10-5-240. The board shall elect a chairman and vice-chairman to serve for terms of two years each and until their successors are elected and qualify. The board shall adopt rules for the purpose of governing its internal proceedings. The board shall meet at least once annually and at those other times as may be designated by the chairman but in no event more than twice a month. Five members of the board constitute a quorum at all meetings. All members of the board must be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions for days on which they are on official business of the board, to be paid from the general fund of the State. The board is an agency of the State Budget and Control Board and the Division of General Services shall provide administrative support services such as office space, clerical assistance, and other facilities as may be required by the board to perform its prescribed functions."

Responsibility for maintenance

SECTION 3. Section 10-5-260 of the 1976 Code is amended to read:

"Section 10-5-260. After January 1, 1975, no person may construct or permit the construction of a governmental building or a public building or any facility of either unless the building and facility is designed in compliance with the standards and regulations adopted pursuant to this article.

After January 1, 1975, no person may renovate or permit the renovation of a governmental building or a public building or any facility of either unless the portions or areas being renovated are designed in compliance with the standards and specifications established pursuant to this article.

It is the responsibility of the owner or the occupant of any property which contains structural or building elements or components required to be in compliance with this article, to continuously maintain these elements and components in a condition that is safe and usable by handicapped persons at all times."

Modification of standards and membership of local boards

SECTION 4. Section 10-5-270 of the 1976 Code is amended to read:

"Section 10-5-270. The board may waive or modify any part of the standards and the specifications established pursuant to this article upon request, on a case by case basis, if the board determines:

(a) the purpose of this article can be fulfilled by an acceptable alternative to the particular standard;

(b) the incremental construction cost to conform to the standards exceeds seven percent of the total construction or renovation cost;

(c) occupancy and employment practices would generally exclude the use of a structure by handicapped persons due to hazards and employment requirements;

(d) usage or size of structures would have minimal impact in facilitating the handicapped; or

(e) the building involved is identified or classified by national or state jurisdictions as an 'historic building' in which case no more than one accessible entrance may be required except that no accessible entrance may be required for so-called museum houses.

In areas of the State where building codes have been adopted and Building Boards of Adjustments and Appeals established to review construction related cases, these boards may carry out their normal function concerning code requirements for facilities for the handicapped. These Building Boards of Adjustments and Appeals shall consist of at least five members, including one architect, one engineer, one member at large from the building industry, one building contractor, and one d access to public buildings or facilities, or is otherwise deprived of his righine that barrier-free design regulations are not being adequately enforced in any jurisdiction the board may withdraw the authority of that jurisdiction to make waivers or modifications and require that requests for these exceptions must thereafter be referred to the Board for Barrier-Free Design.

In areas of the State where there is no Building Board of Adjustments and Appeals, constituted as required by this section, all requests for waiver or modification must be submitted to the Board for Barrier-Free Design. However, the board may delegate authority to grant waiver of standards and specifications to local authorities, state officials, and municipal or county boards as it considers necessary and proper. Appeals from the decisions of the authorities listed above may be made to the Board for Barrier-Free Design.

If the Board for Barrier-Free Design denies a request for waiver or modification of the standards and specifications it shall notify the person or governmental entity requesting the waiver. Board action which denies a waiver application may be appealed to the circuit court having jurisdiction where the building is located."

Grammatical changes

SECTION 5. Section 10-5-273 of the 1976 Code is amended to read:

"Section 10-5-273. The standards established pursuant to this article do not apply to the floors above grade of any building where such building does not exceed seven thousand five hundred square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service."

Regulation reference revised

SECTION 6. Section 10-5-290 of the 1976 Code is amended to read:

"Section 10-5-290. Any person who is injured, deprived of employment, denied access to public buildings or facilities, or is otherwise deprived of his rights as a citizen as declared in the statement of state policy set forth in Section 10-5-210 may enforce his rights by injunction and recover damages in a proper case in the court of common pleas when his action is based on a violation of regulations promulgated by the board."

Enforcement responsibilities revised

SECTION 7. Section 10-5-300 of the 1976 Code is amended to read:

"Section 10-5-300. The enforcement of the provisions of this article, including investigations, must be by the building official of counties and municipalities which have properly adopted building codes in accordance with Chapter 9, Title 6. Counties and municipalities may establish regional agreements with other political subdivisions of the State to provide the services required of the building official and to enforce the provisions of this chapter. If a county or municipality does not have properly adopted building codes, then the State Director of Building Codes and Regulatory Services of the State Budget and Control Board shall enforce the provisions of this article in that county or municipality."

Penalties revised

SECTION 8. Section 10-5-310 of the 1976 Code is amended to read:

"Section 10-5-310. Any person charged with construction, renovation, erecting, remodeling or maintenance of the structural or building elements or components of any governmental or public building who fails to comply with the provisions of this article after being notified to do so by the appropriate inspector as enumerated in Section 10-5-300 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each day the violation exists constitutes a separate offense."

Parties who may request injunctions

SECTION 9. Section 10-5-320 of the 1976 Code is amended to read:

"Section 10-5-320. The board or the persons empowered by Section 10-5-300 to enforce the provisions of this article shall notify any owner of property in violation of this article to comply with its provisions and make the necessary changes or corrections within a reasonable time. In the event of noncompliance after a reasonable time, the board or the persons empowered by Section 10-5-300 to enforce the provisions of this article shall bring suit in any court of competent jurisdiction to enjoin further construction of the building or facility or to enjoin the use of the building or facility until it is in compliance with the standards and specifications established pursuant to this article."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Approved the 3rd day of April, 1990.