South Carolina General Assembly
113th Session, 1999-2000

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Bill 3716


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3716
Ratification Number:              86
Act Number:                       45
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990310
Primary Sponsor:                  Bailey
All Sponsors:                     Bailey
Drafted Document Number:          l:\council\bills\psd\7246ac99.doc
Date Bill Passed both Bodies:     19990519
Governor's Action:                S
Date of Governor's Action:        19990601
Subject:                          Building Codes Council, Modular Board of 
                                  Appeals eliminated; regulations, standards; 
                                  Buildings, Mobile Homes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990618  Act No. A45
------  19990601  Signed by Governor
------  19990526  Ratified R86
Senate  19990519  Read third time, enrolled for
                  ratification
Senate  19990518  Read second time, notice of
                  general amendments
Senate  19990513  Committee report: Favorable            12 SLCI
Senate  19990422  Introduced, read first time,           12 SLCI
                  referred to Committee
House   19990421  Read third time, sent to Senate
House   19990420  Read second time
House   19990414  Committee report: Favorable            26 HLCI
House   19990310  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill
Revised on April 14, 1999 - Word format
Revised on May 13, 1999 - Word format

View additional legislative information at the LPITS web site.


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

(A45, R86, H3716)

AN ACT TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.

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

Promulgation of regulations

SECTION 1. Section 23-43-40 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-40. The council may promulgate regulations for the proper enforcement and implementation of this chapter. Promulgated regulations must incorporate the codes enumerated in Section 6-9-50."

Building Codes Council to hear appeals and approve variances

SECTION 2. Section 23-43-60 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-60. The council shall hear appeals and approve or disapprove requested variances from this chapter's provisions. Variances are limited to those instances which are ruled to be equivalent or meet the intent of this chapter. The basis of the decision must be published with the variance order."

Suspension or revocation of certification

SECTION 3. Section 23-43-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-43-110. The council shall suspend or revoke, or cause to be suspended or revoked, the certification of any modular building unit which the council finds not to comply with this chapter or regulations promulgated by authority of this chapter, or which has been manufactured pursuant to a building system or compliance assurance program as to which approval has been suspended or revoked, or which has been altered after certification. If the manufacturer fails to comply with a corrective order, labels of certification must be removed from any modular building unit and no new labels issued until it is brought into compliance with this chapter and applicable regulations. Notice of suspension or revocation of certification must be in writing with the reasons for suspension or revocation set forth. Suspensions or revocations may be appealed to the council. Any decision by the board to suspend, revoke, or otherwise restrict the certification of any modular building unit shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."

Building Codes Council to authorize variances

SECTION 4. Section 23-43-120 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-120. The council may upon appeal in specific cases authorize variance from regulations to permit certain specified alternatives where the objectives of this chapter may be fulfilled by other means. The basis of its decision must be incorporated into its variance orders."

Enforcement limited to local building officials

SECTION 5. Section 23-43-130 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-130. Modular building units bearing evidence of approval must be acceptable in all localities as meeting the requirements of this chapter and must be considered and accepted equivalent to a site-built structure as meeting the requirements of safety to life, health, and property imposed by any ordinance of any local government if the units are erected or installed in accordance with all conditions of the approval. Local land use and zoning requirements, fire zones, building setback requirements, site development requirements, subdivision control, and on-site installation requirements, as well as the review and regulation of aesthetic requirements, are specifically and entirely reserved to local authorities. Those local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a modular or constructed on site in a conventional manner. All local building officials shall enforce the provisions of this chapter and applicable regulations."

Licensing sellers of modular building units; biennial licensure

SECTION 6. Section 23-43-150 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-150. No person may engage in the business of selling wholesale or retail as a manufacturer or manufacturer's representative of modular building units without being licensed by the council. All license applications must be accompanied by the required fee and a surety bond or other security approved by the council and in an amount set by the council. A separate license and bond or security is required for each manufacturing facility.

All licenses must be granted or refused within forty days after proper application. All licenses expire June thirtieth of each odd-numbered year, unless sooner revoked or suspended.

Each manufacturer's license must be issued in the business name of the manufacturer. Each manufacturer's representative's license must be issued in the name of the representative.

The council shall prescribe the form of license. All manufacturer's licenses must be sent to the address of that place of business.

Pursuant to its regulations, the council may deny the issuance of or revoke or suspend any license."

Repeal

SECTION 7. Section 23-43-140 of the 1976 Code is repealed.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 1999.

Approved the 1st day of June, 1999.

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