South Carolina General Assembly
112th Session, 1997-1998

Bill 468


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       468
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970304
Primary Sponsor:                   Lander
All Sponsors:                      Lander and Giese 
Drafted Document Number:           psd\7072ac.97
Residing Body:                     House
Current Committee:                 Labor, Commerce and Industry
                                   Committee 26 HLCI
Date of Last Amendment:            19970529
Subject:                           Barrier Free Design Board,
                                   Handicapped, Construction of
                                   buildings for access by disabled
                                   persons



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970603  Introduced, read first time,             26 HLCI
                  referred to Committee
Senate  19970603  Read third time, sent to House
Senate  19970529  Read second time
Senate  19970529  Committee amendment adopted
Senate  19970528  Committee report: Favorable with         12 SLCI
                  amendment
Senate  19970402  Committed to Committee                   12 SLCI
Senate  19970402  Recalled from Committee                  06 SF
Senate  19970304  Introduced, read first time,             06 SF
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

May 29, 1997

S. 468

Introduced by Senators Lander and Giese

S. Printed 5/29/97--S.

Read the first time March 4, 1997.

A BILL

TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD FOR BARRIER FREE DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO INCREASE THE BOARD MEMBERS FROM SIX TO NINE AND REVISE MEMBERSHIP, TO REVISE DEFINITIONS, TO CLARIFY DUTIES OF THE BOARD, TO ADOPT THE LATEST NATIONAL TECHNICAL STANDARDS, TO ESTABLISH CRITERIA FOR ADMINISTRATION OF THE CHAPTER AND TO CLARIFY ENFORCEMENT RESPONSIBILITIES.

Amend Title To Conform

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

SECTION 1. Chapter 5, Title 10 of the 1976 Code is amended to read:

"CHAPTER 5

Construction of Public Buildings for Access by Persons with Disabilities.

Section 10-5-210. The General Assembly hereby declares that it shall henceforth be the policy of this State to encourage and enable persons who are physically handicapped to achieve maximum personal independence; to become gainfully employed; to use and enjoy all governmental buildings and facilities and all public buildings and facilities; and to otherwise participate fully in all aspects of society. The General Assembly resolves to enact legislation necessary to implement this policy and the purpose of this article is to begin this implementation.

Section 10-5-220. As used in this article:

(1) "Governmental buildings" shall include all buildings, structures, streets and sidewalks and access thereto used by the public or in which physically handicapped persons may be employed that are constructed, purchased, leased or rented in whole or in part by use of State, county or municipal funds or the funds of any political subdivision of the State; and, to the extent not required otherwise by Federal law or regulations or not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed, purchased, leased or rented in whole or in part by use of Federal funds.

(2) "Public buildings" shall include all buildings, structures, streets and sidewalks and access thereto used by the public or in which physically handicapped persons may be employed that are constructed, purchased, leased or rented by the use of private funds, including rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more, except that the provisions of this article shall apply to only five percent of those units or a minimum of one unit, whichever is the greater, and provided, further, that the provisions of this article shall not apply to a private residence.

(3) "Facilities" shall include, but are not limited to sidewalks, curbings and entrances giving access to governmental buildings and public buildings and accommodations in those buildings available for use by the public or employees, including bathroom facilities, toilet stalls, dining areas, drinking fountains, phone booths and lodging rooms or quarters.

(4) "Architectural barriers" shall include physical design features that restrict access or full use of government buildings, public buildings and their facilities by the aged, disabled or physically handicapped.

(5) "Renovation" means a construction project where at least thirty-five percent of the building or facility is changed.

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 Chairman of the Building Code Council;

(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.

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.

Section 10-5-250. The board shall:

(1) Establish, publish and enforce minimum standards and specifications necessary to eliminate architectural barriers to entry to and use of governmental buildings, public buildings, and their facilities by the aged, disabled or physically handicapped. In this connection the board shall adopt the latest revisions of the Standard Building Code and the American National Standards Institute specifications A117.1 with such modifications as the board shall deem appropriate.

(2) Promulgate rules and regulations to enforce the provisions of this act and the aforesaid standards.

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.

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;

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 member at large from the public. Should the Board for Barrier-Free Design determine 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 or modification application may be appealed to an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.

Section 10-5-271. The board may make exceptions to the provisions of this article for certain classes of buildings and facilities if the board determines that such action is necessary and proper and is based on one or more of the bases for granting waivers set forth in Section 10-5-270.

Section 10-5-272. Notwithstanding any other provision of law, if the incremental construction cost to conform a building to the standards established pursuant to this article exceeds seven percent of the total estimated construction or renovation costs, as certified in writing by the architect or person in charge of construction, the provisions of this article shall not apply to the construction or renovation of that building on the floors above grade and shall not apply so as to require the expenditure of more than seven percent of the total construction or renovation cost on floors of grade level.

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 five thousand square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service.

Section 10-5-280. The international symbol of access to the physically handicapped shall be permanently displayed at the entrance of buildings and facilities that are in compliance with the standards established pursuant to this article.

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.

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 Chairman of the Building Code Council shall enforce the provisions of this article in that county or municipality.

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.

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 before an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1 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.

Section 10-5-330. A. Agencies of this State shall encourage, by example, an environment that is barrier free to the handicapped.

B. After January 1, 1984, all meetings and conferences, in which participation by the public is invited or desirable, of any agency of this State must be held in a place and manner that is accessible to handicapped citizens, including those who are handicapped in vision, hearing, or mobility, unless there are compelling reasons otherwise such as the lack of any such available meeting place.

C. The South Carolina Board for Barrier Free Design must establish and distribute minimum guidelines for determining the accessibility of meeting places and must provide assistance to agencies for the purpose of complying with this article.

Section 10-5-5. Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to the regulation of the Board for Barrier Free Design; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

Section 10-5-10. The General Assembly declares that the policy of this State is to encourage and enable persons with disabilities to achieve maximum personal independence; to become gainfully employed; to use and enjoy governmental and public buildings and facilities; and to participate fully in all aspects of society.

Section 10-5-20. As used in this chapter:

(1) 'Architectural barriers' includes physical design features that restrict access or full use of governmental buildings, public buildings, and their facilities by the aged or disabled.

(2) 'Board' means the South Carolina Board for Barrier Free Design as established by this chapter.

(3) 'Common area' means all interior building space and exterior building site space utilized by the general public. Common areas include, but are not limited to, parking areas, sidewalks, recreational areas, lobbies, restaurants, lounges, public restrooms, shops, meeting rooms, and banquet facilities.

(4) 'Facilities' includes, but is not limited to, sidewalks, curbing, and entrances giving access to governmental buildings and public buildings and accommodations in those buildings available for use by the public or employees, including bathroom facilities, toilet stalls, dining areas, drinking fountains, phone booths, and lodging rooms or quarters.

(5) 'Governmental buildings' includes all buildings, structures, streets, and sidewalks and access to them used by the public or in which persons with disabilities may be employed that are constructed, purchased, leased, or rented in whole or in part by use of state, county, or municipal funds or the funds of a political subdivision of the State; and, to the extent not required by federal law or regulation or not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed, purchased, leased, or rented in whole or in part by use of federal funds.

(6) 'Public buildings' includes all buildings, structures, streets, and sidewalks and access to them used by the public or in which persons with disabilities may be employed that are constructed, purchased, leased, or rented by the use of private funds, including rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more, except that this chapter applies to only five percent of other units, whichever is the greater, and this chapter does not apply to a private residence.

(7) 'Renovation' means a construction project where at least thirty-five percent of the building or facility is changed.

Section 10-5-30. There is created the South Carolina Board for Barrier Free Design which is composed of nine members, six to be appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify. No fewer than two appointed members of the board must have mobility impairments and one appointed member must be a licensed architect. Vacancies on the board must be filled in the same manner as the original appointment for the remainder of the unexpired term. In addition to the appointed members, these members shall serve ex officio on the board:

(1) the Director of the Department of Labor, Licensing and Regulation;

(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 and their proxies have all the powers, privileges, and duties of the appointed members.

Section 10-5-40. The board shall elect a chairman and vice-chairman to serve for terms of two years and until their successors are appointed and qualify. The board may 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. 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.

Section 10-5-50. The requirements for accessibility for people with disabilities contained within the adopted edition of the Standard Building Code, and as it may be amended, as published by the Southern Building Code Congress International, Incorporated, or any successor organization and the American National Standards Institute (ANSI) document A117.1, are adopted as the minimum standards for compliance with this chapter. The adopted editions of the Standard Building Code and ANSI A117.1 mean those editions adopted by the board and published in the State Register in accordance with Article 1, Chapter 23 of the Administrative Procedures Act.

Section 10-5-60. 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 or facility is designed in compliance with the standards and regulations adopted pursuant to this chapter.

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 chapter.

The owner or the occupant of any property which contains structural or building elements or components shall comply with this chapter to continuously maintain these elements and components in a condition that is safe and usable by persons with disabilities at all times.

Section 10-5-70. The board must be administered by the Department of Labor, Licensing and Regulation which shall provide administrative support services including, but not limited to, office space, clerical assistance, and other facilities as may be required by the board to perform its prescribed functions.

Section 10-5-80. The board may promulgate regulations as it considers necessary to carry out the provisions of this chapter.

Section 10-5-90. (A) The enforcement of the provisions of this chapter, including investigations, must be by the building officials of counties and municipalities which have adopted and enforce 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. In jurisdictions where the board has not delegated its authority, the Department of Labor, Licensing and Regulation shall enforce the provisions of this chapter in that county or municipality.

(B) The board or the person empowered by the board pursuant to Section 10-5-300 to enforce the provisions of this chapter shall notify an owner of property in violation of this chapter 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 chapter shall bring an action before an administrative law judge as provided under Article 5, Chapter 23, Title 1 to enjoin further construction or use of the building or facility until it is in compliance with this chapter.

Section 10-5-100. (A) No person may construct or alter or permit the construction of a governmental building or a public building or any facility of either unless the construction or areas being altered are designed in compliance with the standards and requirements adopted pursuant to this chapter.

(B) If the occupancy, as defined in the Standard Building Code, of an existing building is changed, that building must be made to conform to the requirements of this chapter for the new occupancy. If the occupancy of a portion of an existing building is changed, only the portion that is changed must be required to comply.

(C) Residential rental units shall include, but are not limited to, apartments, hotels, motels, dormitories, and time shares intended to be operated and used as hotels or motels. Buildings containing residential rental units shall provide accessibility to all common areas and living units as follows:

number of living

units in project required accessible living units

1 - 5 0

6 - 19 1

20 or more 5%

Fractions of one-half or more must be counted as a whole unit.

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

Section 10-5-110. (A) All plans for facilities to be constructed or altered must be reviewed and approved for compliance with this chapter by one of the following officials:

(1) local building officials, appointed by a municipal or county jurisdiction; or

(2) Assistant Deputy Director for Building Codes and Related Services, Department of Labor, Licensing and Regulation.

(B) The board may designate state and local officials as special review agents to review facilities and their plans for compliance with this chapter. All facility plans listed in the following categories must be submitted to the designated special review agent for approval.

(1) State owned or leased facilities: State Engineer, Office of General Services, State Budget and Control Board;

(2) Elementary and secondary public schools: Director, Office of School Planning and Building, State Department of Education;

(3) Health care facilities: Director, Bureau of Health Facilities Construction, Licensing and Certification, State Department of Health and Environmental Control;

(4) All buildings not covered by subsections (A), (B), or (C) in all areas of the State where local building officials are not employed: Assistant Deputy Director, Building Codes and Related Services, Department of Labor, Licensing and Regulation.

(C) Plans for all construction or alterations affected by this chapter must be submitted to the appropriate official by the project owner, architect, or contractor for preconstruction review and approval. Each submittal shall consist of one set of project drawings and specifications, project name or description, street address or location, and the owner's name and address.

(D) If conflicts exist between this chapter and the Standard Building Code, ANSI A117.1, or local ordinances, this chapter controls.

Section 10-5-120. All meetings and conferences of an agency in this State, in which participation by the public is invited or desirable, must be held in a place and manner that is accessible to persons with disabilities.

Section 10-5-130. The international symbol of access for persons with disabilities must be permanently displayed at the entrance of buildings and facilities that are in compliance with the standards established pursuant to this chapter.

Section 10-5-140. (A) The board may waive or modify any part of the standards and the specifications established pursuant to this chapter upon request, on a case by case basis, if the board determines that:

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

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

(3) usage or size of structures would have minimal impact in facilitating persons with disabilities; or

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

(B) In jurisdictions of the State where building codes have been adopted and building boards of adjustments and appeals have been established to review construction related issues, those boards may carry out their normal functions concerning code requirements for facilities for the disabled. 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 member at large from the public. If the Board for Barrier Free Design determines 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 requests to be referred to the Board for Barrier Free Design.

(C) In jurisdictions of the State where there are no building boards 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 may be made to the Board for Barrier Free Design.

(D) 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 or modification application may be appealed to an administrative law judge as provided under Article 5, Chapter 23, Title 1.

Section 10-5-150. The board may make exceptions to the provisions of this chapter for certain classes of buildings and facilities if the board determines that the action is necessary and proper and is based on one or more of the bases for granting waivers set forth in Section 10-5-140.

Section 10-5-160. A person who is injured, deprived of employment, denied access to public buildings or facilities, or otherwise deprived of his rights as a citizen, as declared in the statement of state policy set forth in Section 10-5-10, may enforce his rights by injunction and recover damages in a proper case in the court of common pleas when the action is based on a violation of this chapter or regulations promulgated by the board.

Section 10-5-180. A person charged with constructing, renovating, erecting, remodeling, or maintaining the structural or building elements or components of a governmental or public building who fails to comply with the provisions of this chapter after being notified to do so by the appropriate inspector as enumerated in Section 10-5-110 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.

Section 10-5-185. The standards established pursuant to this chapter do not apply to the floors above grade of any building if the building does not exceed five thousand square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service.

Section 10-5-190. This chapter does not apply to one- and two- family dwellings or to condominiums, townhouses, and other residential buildings or units to be offered for sale.

Section 10-5-195. Notwithstanding any other provision of law, if the incremental construction cost to conform a building to the standards established pursuant to this chapter exceeds seven percent of the total estimated construction or renovation costs, as certified in writing by the architect or person in charge of construction, the provisions of this chapter do not apply to the construction or renovation of that building on the floors above grade and do not apply so as to require the expenditure of more than seven percent of the total construction or renovation costs on floors of grade level.

Section 10-5-200. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

SECTION 2. This act takes effect upon approval by the Governor.

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