Current Status Bill Number:
4438Ratification Number: 514Act Number: 381Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980120Primary Sponsor: DavenportAll Sponsors: Davenport, Knotts and LimehouseDrafted Document Number: bbm\9574jm.98Date Bill Passed both Bodies: 19980604Date of Last Amendment: 19980604Governor's Action: SDate of Governor's Action: 19980615Subject: Building Codes Council, International Residential; codes political subdivisions may adopt for construction regulation
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980624 Act No. A381 ------ 19980615 Signed by Governor ------ 19980610 Ratified R514 Senate 19980604 Concurred in House amendment, enrolled for ratification House 19980604 Senate amendments amended, returned to Senate with amendment Senate 19980603 Read third time, returned to House with amendment Senate 19980602 Read second time, unanimous consent for third reading on Wednesday, 19980603 Senate 19980602 Committee amendment adopted Senate 19980514 Committee report: Favorable with 12 SLCI amendment Senate 19980311 Introduced, read first time, 12 SLCI referred to Committee House 19980310 Read third time, sent to Senate House 19980302 Amended, read second time House 19980225 Committee report: Favorable with 26 HLCI amendment House 19980120 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A381, R514, H4438)
AN ACT TO AMEND SECTION 6-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BUILDING CODES, AND MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO SUBSTITUTE ENERGY CODE FOR "MODEL ENERGY CODE", AND PROVIDE THAT A RESIDENTIAL BUILDING IS CONSIDERED IN COMPLIANCE WITH THE BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE IF IT IS BUILT IN COMPLIANCE WITH PRESCRIPTIVE STANDARDS ISSUED BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, IN CONSULTATION WITH THE STATE ENERGY OFFICE, BASED ON COMPUTER MODELS OF THE ENERGY CODE INCLUDING, BUT NOT LIMITED TO, OPTIONS DEVELOPED BY PACIFIC NORTHWEST NATIONAL LABORATORIES, OR OTHER NATIONALLY RECOGNIZED LABORATORIES WHICH USE THE STANDARDS DEVELOPED BY PACIFIC NORTHWEST NATIONAL LABORATORIES, FOR SOUTH CAROLINA'S CLIMATIC ZONES; AND TO AMEND SECTION 6-9-60, AS AMENDED, RELATING TO LOCAL GOVERNMENT, BUILDING CODES, ADOPTION AND MODIFICATION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, AND THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD THE INTERNATIONAL RESIDENTIAL CODE AND THE INTERNATIONAL BUILDING CODE, BOTH AS PUBLISHED BY THE INTERNATIONAL CODE CONGRESS, TO THE LIST OF CODES WHICH MUNICIPALITIES AND COUNTIES MAY ADOPT FOR REGULATION OF CONSTRUCTION, IN THEIR JURISDICTIONS, AUTHORIZE THE BUILDING CODES COUNCIL TO REVIEW, APPROVE, AND ADOPT ANY NEW ADDITIONS OR AMENDMENTS OF REFERENCED CODES FOR USE, REJECT THE CODES IN WHOLE OR IN PART, OR APPROVE CONTINUED USE OF SECTIONS OF EARLIER VERSIONS OF THE CODES WHICH HAD BEEN PREVIOUSLY APPROVED AND ADOPTED, AND PROVIDE THAT LOCAL JURISDICTIONS MAY ONLY ADOPT THE VERSION OF THE CODE APPROVED BY THE BUILDING CODES COUNCIL, EXCEPT AS PROVIDED IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Other nationally recognized laboratories authorized
SECTION 1. Section 6-9-50 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:
"Section 6-9-50. (A) Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code; Standard Gas Code; Standard Plumbing Code; Standard Mechanical Code; the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc.; the Energy Code, as published by the Council of American Building Officials; and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body.
(B) The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.
(C) A residential building is considered in compliance with the Building Envelope Requirements of the Energy Code if:
(1) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Energy Code including, but not limited to, options developed by Pacific Northwest National Laboratories, or other nationally recognized laboratories which use the standards developed by Pacific Northwest National Laboratories, for South Carolina's climatic zones, or
(2) if double pane or single pane with storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(a) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."
New codes added to authorized list; Building Codes Council; etc.
SECTION 2. Section 6-9-60 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:
"Section 6-9-60. (A) Municipalities and counties may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Housing Code; Standard Existing Building Code; Standard Swimming Pool Code; the Standard Excavation and Grading Code, as published by the Southern Building Code Congress International, Inc.; the One and Two Family Dwelling Code, as published by the Council of American Building Officials; and the International Residential Code and the International Building Code, both as published by the International Code Congress. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and the administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. If a municipality or county contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to the South Carolina Building Codes Council of fifteen members which is established in this section.
(B) Members of the council must be appointed by the Governor, for terms of four years each and until a successor is appointed and qualifies. The council shall consist of (1) an architect registered in South Carolina, (2) municipal administrator, manager, or elected official, (3) a county administrator, manager, or elected official, (4) a representative of the electrical industry who is either an engineer or master electrician registered in South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a disabled person, (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent a jurisdiction may vary from the series of codes listed in this chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by municipalities and counties to ensure compliance with this chapter. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its members a chairman, vice-chairman, and secretary. The council shall adopt regulations consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of the meeting at least seven days in advance of the meeting. Eight members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council.
(C) The Building Codes Council is authorized to review, approve, and adopt any new additions or amendments of the codes referenced in this chapter for use, reject those codes in whole or in part, or approve continued use of sections of earlier versions of the codes which had been previously approved and adopted. Except as may be provided in this section, local jurisdictions may only adopt the version of the code approved by the Building Codes Council."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1998.