2005 South Carolina Code of Regulations § 8-401. — Modifications.

BUILDING CODES COUNCIL

ARTICLE 1.

REGISTRATION, FEES AND DISCIPLINARY PROCEDURE

(Statutory Authority: 1976 Code Section 6-8-20)

8-100. Authority.

8-105. Definitions.

When used in these regulations, the following words and terms shall have the meanings so designated.

1. "Act" means Chapter 8 of Title 6 of The Code of Laws of South Carolina, 1976, as Amended.

2. "Approved" means approved by the Council.

3. "Building Official" means the officer designated by a local jurisdiction, who is charged with the administration and enforcement of Building Codes and their related programs.

4. "Certificate of Registration" means the document issued by the Council, authorizing the person named thereon, to practice as a Code Enforcement Officer.

5. "Certified" means a person employed as a Code Enforcement Officer for a minimum of one year and who has been certified upon examination administered by a recognized code organization.

6. "Codes" means the most recent editions of the building codes referenced in Sections 6-9-50 and 6-9-60, Chapter 9 of Title 6 of The Code of Laws of South Carolina, 1976, as Amended.

7. "Code Enforcement" means any phase in the process of examination and approval of construction plans, specifications and technical data and the inspection of new construction or renovation for compliance with recognized codes, workmanship, materials and components.

8. "Code Enforcement Officer" means any person employed by a public entity and being responsible in whole or in part for building plan review, building inspection or enforcement of applicable codes within the jurisdiction of the employer.

9. "Combination Inspector" means

(a) Residential - any person who performs onsite inspections in two or more construction disciplines on one and two family dwellings; multifamily dwellings of type IV, V or VI construction; or other buildings or structures of type IV, V or VI construction and not exceeding 5,000 sq. feet in total area.

(b) General - any person who performs onsite inspections in two or more construction disciplines for all types of construction in all occupancy groups.

10. "Council" means The South Carolina Building Codes Council.

11. "Department" means The Department of Labor, Licensing and Regulation for The State of South Carolina.

12. "Limited Registration" means a renewable registration issued to a non-examined code enforcement officer, employed by a municipality or county on the effective date of the act.

13. "Practice of Code Enforcement" means the process of administering or enforcing codes and all related standards. The term shall also apply to the process of reviewing plans, specifications and other technical data, as well as inspection of buildings and structures.

14. "Provisional Registration" means a one year, nonrenewable registration issued to a noncertified code enforcement officer, who is training for certification required for employment.

15. "Recognized code organization" means any state or national organization approved by the Council which administers an approved testing and certification program specifically for code enforcement officers.

16. "Registered" means approved by Council to practice as a code enforcement officer and listed in a register of South Carolina Code Enforcement Officers.

17. "Registered Code Enforcement Officer" means a code enforcement officer as defined by this section, holding a certification and registered in accordance with these regulations.

18. "Registration " means registered by the Council in one of the following classifications:

A. General - which designates unrestricted practice;

B. Speciality - which designates practice within a named discipline only;

C. Limited - which restricts practice to a single jurisdiction, issued to code enforcement officers not otherwise qualified by certification; and,

D. Provisional - which designates practice for a one year period while in preparation for certification.

19. "Specialty Inspector" means any person who performs onsite inspections of buildings or structures in one construction discipline.

8-110. Registration Required.

On and after July 1, 1998, it shall be unlawful for any person to engage in the practice of code enforcement as defined in these regulations, without first being registered as provided herein.

As evidence of registration, a certificate of registration must be issued by the Council, to each code enforcement officer so qualifying. The certificate of registration must set forth the classification for which the code enforcement officer is qualified to practice.

8-115. Classifications Requiring Registration.

Any person performing as a code enforcement officer, as listed in this section, must be certified and registered in accordance with the act and these regulations, in one or more of the classifications listed below.

A. General I classification

Building Official

B. General II classification

General Combination Inspector

C. General III classification

Residential Combination Inspector

D. Specialty classifications

1. Building/Swimming pool Inspector

2. Electrical Inspector

3. Plumbing Inspector

4. Mechanical/Gas Inspector

5. Housing Inspector

6. Plans Examiner

E. Provisional classification

Newly hired noncertified Code Enforcement Officer

F. Limited classification

Existing noncertified Code Enforcement Officer

8-120. Maximum Time for Registration.

The maximum length of time allowed after employment for any person to qualify as a registered code enforcement officer, must be as stated below for each classification.

A. General Classifications

1. Building official - 24 months

2. General Combination Inspector - 12 months for each certification

3. Residential Combination Inspector - 18 months

B. Specialty Classifications

1. 12 months for the discipline for which employed

2. additional certifications not required for employment, no limit

8-125. Application Required.

Application for all classifications of registration must be made upon a form furnished by the Council.

All applications for registration must contain a statement of employment and must be verified by signature of the Building Official or administrative head of the jurisdiction for which the applicant is employed.

All applications for registration must be accompanied by the prescribed fee and copies of certificates and/or examination records from a recognized code organization.

The application and supporting documentation must be evaluated by the Department within 30 working days after receipt. The applicant will be notified of the approval or disapproval of the application within 10 working days after the decision. In the event of disapproval, the applicant may request a hearing before the Council to present additional information or demonstrate evidence of qualification.

8-130. Qualifications for Certification.

Each applicant meeting the requirements for certification as established in this section, must be considered as having provided satisfactory proof of qualification for code enforcement officer registration, in the specific classification.

A. General I - A certificate or examination record from a recognized code organization, indicating that the applicant has been certified as a building official.

B. General II - Certificates or examination records from one or more recognized code organizations, indicating that the applicant has been certified in two or more inspector disciplines.

C. General III - A certificate or examination record from a recognized code organization, indicating that the applicant has been certified as a residential combination inspector.

D. Specialty - A certificate or examination record from a recognized code organization, indicating that the applicant has been certified in the discipline for which employed.

E. Provisional - Proof that the code enforcement officer is presently employed by a municipality or county in South Carolina and is actively in training for a specific certification.

F. Limited - Proof that the code enforcement officer is presently, and has been, employed by a municipality or county in South Carolina on the effective date of the act.

8-135. Exemptions.

An existing, non-certified code enforcement officer employed by a municipality or county on the effective date of the act, is not required to possess prior certification in any discipline. Such code enforcement officer, upon meeting all other requirements for registration, may be registered in the limited classification. A limited registration must not jeopardize either the existing position or employment of the code enforcement officer.

A limited registration will be valid only as an authorization for the code enforcement officer to continue in the position held, and for the jurisdiction by which employed, on the effective date of the act. All requirements for maintenance and renewal of registration will apply to the limited classification.

8-140. Registration Renewal.

All code enforcement officer registrations will expire at the close of business on June 30 of each odd numbered year. Renewal of a code enforcement officer certification may, however, be effected at any time during the month of July without penalty or examination.

Registration of any code enforcement officer failing to renew by July 31, following expiration, shall be rendered invalid and, at the discretion of Council, the officer may be subject to examination before registration is renewed.

Registration renewal notices and forms must be mailed by Council, to all code enforcement officers registered during the preceding licensing period in a timely manner.

All applications for registration renewal must be accompanied by the prescribed fee and proof that the applicant has obtained the required continuing education.

8-145. Fees.

The fee for registration of a code enforcement officer is fifty dollars and is not prorated.

8-150. Continuing Education.

In order to maintain registration, all code enforcement officers, must accumulate a minimum of twelve (12) hours per year, of continuing education. One hour of continuing education shall be awarded for each hour of active participation by a code enforcement officer, in any course, seminar, workshop, session or other training medium approved by Council.

If the first period of registration for a code enforcement officer is less than 24 months, continuing education required for the first registration renewal must be based on the following:

A. For registrations issued one to four months before expiration, no hours.

B. For registrations issued four to eight months before expiration, four hours.

C. For registrations issued eight to 12 months before expiration, eight hours.

D. For registrations issued 12 to 16 months before expiration, 12 hours.

E. For registrations issued 16 to 20 months before expiration, 16 hours.

F. For registrations issued 20 to 24 months before expiration, 20 hours.

G. For each subsequent registration, a minimum of 24 hours will be required.

Proof of accrued continuing education hours must be submitted by every code enforcement officer at the time of application for registration renewal.

8-160. Comity.

The Council may grant registration without examination, in any classification, to a code enforcement officer, who at the time of application, is registered or licensed by a similar Board or Council of another state, district or territory, where standards are acceptable to the Council and not lower than required by the act and these regulations.

8-165. Conflict of Interest.

No registered code enforcement officer may be subject to personal gain by means of a fee, wage, commission, barter or any other form of compensation in currency, goods or services, in exchange for the furnishing of labor, material, appliances, equipment, plans, specifications, consultation or any services related to the construction, alteration, demolition or maintenance of any building or structure within the jurisdiction for which employed.

No registered code enforcement officer may engage in any work that conflicts or is perceived to conflict with his/her prescribed duties or the interest of the jurisdiction for which employed.

8-170. Denial, Suspension and Revocation.

The Council has the power to deny, suspend or revoke the registration of any Code Enforcement Officer when it has been determined by Council that the person has:

A. been convicted of a felony or a crime of moral turpitude in any court of competent jurisdiction;

B. obtained certification or registration through fraud, deceit or perjury;

C. defrauded the public or attempted to do so;

D. displayed incompetence, negligence or misconduct in the practice of code enforcement;

E. refused, failed or displayed the inability to enforce any building code, local ordinance or state or federal law within his/her responsibility;

F. violated or aided or abetted any person in violation of any provision of the act or these regulations.

8-175. Preferring of Charges and Hearing.

Any person may prefer charges for one or more reasons listed in Section 8-170, against a registered Code Enforcement Officer. Such charges must be in writing and must be sworn to by the person alleging them. All charges must be filed with the Department.

All charges, unless dismissed by the Council as unfounded or trivial, must be heard by Council within three months after the date received. The time and place for such hearings will be fixed by the Council and a copy of the charges, together with notice of the time and place, must be personally served on, or sent by certified mail to, the last known address of the accused Code Enforcement Officer, at least thirty days before the date fixed for the hearing.

The accused code enforcement officer may appeal personally or by Counsel, cross-examine witnesses appearing against him/her and produce evidence and witnesses in his/her own defense.

If after such hearing, a majority of the Council members present vote in favor of finding the accused Code Enforcement Officer guilty, Council may place the officer on probation, suspend or revoke his/her registration.

8-180. Appeal From Action of Council.

Any person aggrieved by an action of Council in denying, suspending or revoking a registration, may appeal to an Administrative Law Judge.

8-185. Registration Reinstatement and Replacement.

For reasons it deems sufficient, Council may reinstate the registration of a Code Enforcement Officer that has been revoked, upon a vote in favor of reinstatement by nine or more members.

A replacement for a revoked, lost or destroyed registration may be reissued by the Council subject to the Act and these regulations.

ARTICLE 2.

ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS

(Statutory Authority: 1976 Code Section 6-9-63(E))

8-205. South Carolina Building Codes Council.

8-210.1. Purpose.

These regulations are intended to establish procedures for the operation of the South Carolina Building Codes Council and the application and administration of its authority under the Building Codes Act, the Modular Act and the Accessibility Act. It is further intended that these regulations establish a formal standard policy and specific criteria on which the Council will base its approval or disapproval of proposed modifications to building codes. It is also intended that these regulations establish a formal standard policy and specific criteria on which the Council will base its approval or disapproval of proposed modifications to or variations from the required state energy standards.

8-215. Definitions.

As used in these Regulations:

(1) "Accessibility Act" means the Construction of Public Buildings for Access by Persons With Disabilities Act, Chapter 5 of Title 10 of the Code of Laws of South Carolina, 1976, as amended.

(2) "Accessibility Committee" means the standing committee for the Council, as created by Chapter 5 of Title 10 of the Code of Laws of South Carolina, 1976, as amended.

(3) "Agency" means any division, department or section of state or federal government.

(4) "Building Codes" means the nationally recognized codes and standards referenced in Chapter 9 of Title 6 of the Code of Laws of South Carolina, 1976, as amended.

(5) "Building Codes Act" means the Building Codes Act, Chapter 9 of Title 6 of the Code of Laws of South Carolina, 1976, as amended.

(6) "Building Code Cycle" means the time period between the dates that codified editions of the building codes are adopted by the Council.

(7) "Building Official" means the officer or other designated authority, or duly authorized representative, charged with the administration and enforcement of building codes and standards.

(8) "Climatological" means the susceptibility of specific unusual reoccurring weather or atmospheric conditions for a local jurisdiction, including hurricanes, tornadoes, damaging wind, lightning, or floods due to rainfall.

(9) "Council" means the South Carolina Building Codes Council as established by Chapter 9 of Title 6 of the Code of Laws of South Carolina, 1976, as amended.

(10) "Department" means the Department of Labor, Licensing and Regulation for the State of South Carolina.

(11) "Energy Standards" means the Building Energy Efficiency Standard Act, Chapter 10 of Title 6 of the Code of Laws of South Carolina, 1976, as amended.

(12) "Flood(ing)" means temporary inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff or surface waters by excessive rainfall, snow melt, wind storms or any combination of such conditions.

(13) "Geographical" means the geographic or topographic characteristics of a specific area or region.

(14) "Geological" means the structure of a specific area or region of the earth's surface.

(15) "Implementation Date" means the date, as established by Council, that one or more adopted building codes must be placed into effect for administration and enforcement by local jurisdictions.

(16) "Local Enforcement Agency" means an agency of a local jurisdiction with authority to make inspections of buildings and to enforce the laws and regulations enacted by the State, which establish standards and requirements applicable to the construction, alteration, repair and occupancy of buildings.

(17) "Local Jurisdiction" means any county, city, town, village or other political subdivision of the State of South Carolina.

(18) "Modification(s)" means the changing of any word, number, date, section or reference in either the text or appendix (if adopted) of any building code, regardless of whether the effect is more or less restrictive.

(19) "Modular Act" means the Modular Buildings Construction Act, Chapter 43 of Title 23 of the Code of Laws of South Carolina, 1976, as amended.

(20) "Physical" means the natural stable and unstable characteristics and conditions of the land area within a local jurisdiction, including topography, geography, geology, water table and seismic activity.

(21) "Professional Association" means an entity with membership consisting of individuals directly involved in the use, application or enforcement of building codes, or entities that manufacture, test or provide technical representation for materials, components or methods used in the construction industry.

(22) "Study Committee" means the standing committee for the Council as created by Chapter 9 of Title 6 of the Code of Laws of South Carolina, 1976, as amended.

(23) "Variation(s)" means the changing of the Energy Standards or any building code in either the text or appendix (if adopted), the nature of which, would accept an alternate building material or alternate method of compliance.

8-220. Powers Duties, and Responsibilities of Council.

(A) The Council shall clarify the various aspects and provision of the Building Codes Act, the Modular Act, the Accessibility Act and their corresponding regulations, as may be necessary to carry out their intended purposes.

(B) The Council shall review requests by local jurisdictions and professional associations, for modifications to the adopted building codes, as authorized by the Building Codes Act.

(C) The Council shall review requests by local enforcement agencies, for variations from the Energy Standards.

(D) The Council shall permanently maintain an Accessibility Committee to provide research and to advise Council on any and all statutory, regulatory, construction or building code issues relating to access and use of buildings and structures by disabled persons, as provided by the Accessibility Act.

(E) The Council shall produce records of all its transactions and minutes of all its meetings, hearings and proceedings.

8-225. Duties and Responsibilities of Department.

(A) The Department shall provide the personnel to serve as staff for the Council. Such staff shall have the duty and responsibility to:

(1) Maintain an accurate and complete record of all meetings, hearings, proceedings, correspondence and technical work performed by and for Council;

(2) Make all records and documents of Council available for public inspection any time during normal working hours:

(3) Prepare and provide all information, documents and exhibits necessary for the Council agendas and meetings: and,

(4) Perform such other related tasks as may, from time to time, arise.

(B) The Department shall interpret the Building Codes Act, the Modular Act, the Accessibility Act, and their respective regulations, as may be necessary to carry out their intended purposes.

(C) The Department shall provide legal counsel for the Council.

(D) The Department shall enforce the provisions of the Building Codes Act.

8-230. Council Officers.

(A) The Council shall elect from its appointed members, a chairman and a vice-chairman.

(B) Election of officers shall occur during the first meeting of each calendar year. Elected officers shall assume office upon adjournment of the meeting at which the election occurs.

(C) The duties of each officer shall be as follows:

(1) Chairman - Preside over all meetings of the Council, call special meetings as the need may arise, authenticate by signature all licenses, resolutions, documents and other instruments of Council and perform such other duties as may fall within the jurisdiction of the office.

(2) Vice-chairman - Function as chairman in the absence of the chairman and perform such other duties as may fall within the jurisdiction of the office.

(D) Officers shall serve for a period of one year or until their successors are elected.

(E) Vacancies occurring in an officer's position shall be filled in the following manner.

(1) If, during the course of any unexpired term, the office of chairman is vacated, the vice-chairman shall, immediately and without any further action of Council, be named chairman and continue in that capacity until the next regular election.

(2) If, during the course of an unexpired term, the office of vice-chairman is vacated, the Council shall fill the vacancy by election during its next official meeting. The elected member shall assume office immediately and continue in that capacity until the next regular election.

8-235. Council Meetings.

(A) The Council must meet at least one time per year or at the call of the chairman. In addition, the Council must meet not less than one time per building code cycle for the purpose of reviewing modifications requested for the adopted building codes.

(B) All agenda items and supporting documentation shall be submitted to the Council staff not later than 14 calendar days prior to the meeting date. The agenda and meeting notice shall be delivered to each Council member not later than seven calendar days prior to the meeting date. The meeting notice shall contain the date, time and place the meeting will be held.

(C) All meetings shall be open to the public. Notices designating the date, time and place of the meeting shall be posted at the offices of the Council, not later than 24 hours before the meeting starting time.

(D) Minutes of every meeting of Council shall be produced and distributed to each Council member. The minutes shall reflect the names of all persons in attendance, each item and action taken and all motions, seconds and votes made during the course of the meeting. All minutes shall be approved by motion, second and vote at a meeting of Council before they will be considered official. Only official minutes shall be made available to the general public. A copy of all official minutes of Council meetings shall be maintained in the offices of the Council and made available for public inspection during all normal working hours.

8-236. Building Codes Adopted.

(A) All building codes used within the state shall be adopted by the Council and enforced by local jurisdictions. The adoption process must follow the procedure established in the Building Codes Act.

(B) Administration and enforcement of the latest adopted edition of any building code must occur in all local jurisdictions on the implementation date established by the Council. All new construction, additions, renovations, repair or work of any kind, to any system, in a building or structure, for which a completed building permit application has been approved prior to the implementation date, will be allowed to be completed and must be inspected under the building codes in effect at the time the original building permit was issued.

(C) Local jurisdictions are prohibited from writing or publishing any other building codes in part or in whole.

(D) The appendices included with all building codes are not intended to be enforced unless specifically referenced in the texts of the codes or specifically included by name and letter designation at the time of adoption by Council.

(E) The provisions of the administration chapters for all building codes that 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 are not adopted by the Council. Council may adopt general provisions of the administration chapters, as necessary, to provide uniform application of the building codes throughout the state. Any general administrative provisions adopted by Council must apply to all local jurisdictions. In the absence of Council adoption, local jurisdictions may adopt any or all sections of the administration chapters for all building codes, or may establish administrative procedures for the operation of the local enforcement agency by ordinance. In either instance, however, general administrative provisions adopted by Council, if any, must apply.

8-240. Building Codes Modification Procedure.

(A) Modifications to building codes may be submitted to the Council by local jurisdictions or professional associations. Council may grant modifications on a local or statewide basis as provided below.

(B) Local modifications.

(1) The Council shall review and may grant local modifications to any of the building codes by the request of a local jurisdiction, for application strictly within that jurisdiction, when it determines that the changes are required to meet local needs due to physical or climatological conditions. For the purpose of this section, the words "Physical" and "Climatological" shall have only the meanings as defined in these regulations.

(2) A request for a local building code modification must be previously approved by the governing body of the local jurisdiction making the request before it may be considered by the Council.

(3) Modifications granted to a local jurisdiction shall apply only to site constructed buildings and structures. Buildings and structures approved and constructed in compliance with the Modular Act shall not be affected by local building codes modifications. All properly labeled modular buildings shall be accepted by the local enforcement agency as being in full compliance with all of its adopted building codes.

(4) Proposed local modifications of building codes shall not take effect in any local jurisdiction until after they have first been reviewed and approved by the Council.

(5) Requests for local modifications may be considered by Council or may be referred by Council to the Study Committee for review and recommendation before action by the Council.

(C) Statewide modifications.

(1) The Council shall review and may grant statewide modifications to any of the building codes by the request of a local jurisdiction or a professional association, when it determines that the section in question is either unusually restrictive or impractical.

(2) For the purposes of these regulations, a moratorium on enforcement of any section of any building code ordered by the Council, shall be considered a statewide modification.

(3) Requests for statewide modifications proposed by a local jurisdiction or professional association, must be referred to the Study Committee for review and recommendation before action by the Council.

(4) All statewide modifications made to any of the building codes for the building code cycle, must be approved by Council prior to the established implementation date. All such modifications shall be mandatory for all jurisdictions in the state and shall be in effect for as long as the specific edition of the code is in effect.

(D) Requests for local and statewide modifications will be considered when submitted:

(1) By an official representative of the local jurisdiction proposing the modification: or,

(2) By an official representative of the professional association proposing the modification.

(E) A request for a local or statewide modification must include:

(1) A cover letter from the local jurisdiction or professional association stating that the individual is authorized to present the proposed amendment: and,

(2) Verification that the proposed amendment has the support of at least a majority of the members of the board or council governing the local jurisdiction or professional association proposing the modification: and,

(3) A completed Code Modification Form (provided by the Council): and,

(4) Sufficient test information, studies, data or other documentation that would be necessary to fully explain and justify the proposed amendment: and,

(5) A list of the persons with their titles and affiliations, known at the time of submittal, who will provide testimony in favor of the amendment.

(F) A request for a local modification must include, in addition to subsection (E), (1) through (5), the physical or climatological basis for the request and the reason that the suggested change would correct the condition.

(G) Each request for amendment must be submitted separately.

(H) A local jurisdiction or professional association shall not propose a modification which will amend, suspend, eliminate or supersede an existing statute, policy, rule or regulation of any state or federal agency.

8-245. Qualifications for Local Modifications to Building Codes.

(A) A local jurisdiction may qualify for a local modification to any of the building codes, by establishing that the basis for the requested modification is either physical or climatological in nature.

(B) To qualify by physical basis, a jurisdiction must demonstrate that it possesses unique physical qualities, such as unusual characteristics or composition of soils, unusual geological conditions (including earthquakes), unusual geographical conditions, unusually varying or extreme ranges in the topography of the land or any other natural condition.

(C) To qualify by climatological basis, a jurisdiction must demonstrate that it experiences weather conditions which are unusual to, confined to, occurring on a regular or seasonal cycle or determined through research or past experiences to have a high probability of reoccurrence within its area. Climatological conditions may include the known occurrence of hurricanes, tornadoes, damaging wind, snow, flooding caused by rainfall, lightning or any other form of natural climate related phenomenon.

8-246. Study Committee.

(A) The Study Committee is to perform a technical analysis of proposed statewide modifications to the building codes and report its findings and recommendation to the Council.

(B) The Committee will consist of five core members and five alternates, appointed by the Council for a period of three years. Appointments of the core members and alternates must occur during the first Council meeting of the year coinciding with a new building code cycle. Core members and alternates must be active within the specific segment of the industry that they are representing on the Study Committee for the length of their tenure. The core membership of the Study Committee must consist of:

(1) A registered code enforcement officer;

(2) A state licensed home builder;

(3) A state licensed general contractor;

(4) A state licensed architect, and,

(5) A state licensed structural engineer.

An alternate acts in the place and on behalf of, the core member in the instance of an absence or recusal.

(C) In addition to the core members, other persons who will be known as "specialty members" may be selected to serve from time to time, on an as needed basis. Specialty members will be selected to represent a segment of the construction industry that may be affected by a specific building code modification or to provide specialized knowledge to the Study Committee within his or her area of expertise. Specialty members will have full rights to participate and vote on any issue within their areas of expertise. Specialty members will be selected by the Council chair, vice chair and staff from a pool of volunteers and may consist of representatives of any segment of the construction industry, including specialized code enforcement officers and fire officials.

(D) The core members shall elect a chair and vice chair as the first order of business at the first Study Committee meeting of each new building code cycle. The Study Committee chair and vice chair shall serve for the length of the building code cycle. The chair shall preside over all Study Committee meetings and be available at public meetings of the Council, to clarify or augment the Study Committees recommendations. In the absence or recusal of the chair, the vice chair shall assume all duties of and act on behalf of the chair. If for any reason the chair leaves the Study Committee before expiration of his or her term, the vice chair shall serve as the chair for the duration of the original appointment. The Study Committee shall then elect a new vice chair.

(E) If a core member leaves the Study Committee before expiration of his or her term, the alternate member shall serve for the duration of the original appointment. The Council shall then appoint a new alternate member from the appropriate segment of the construction industry.

(F) At no time may a specific segment of the construction industry be represented on the Study Committee by more than one core or specialty member.

8-247. Public Notice.

A notice of intention to review proposed building code modifications must be published in the State Register as a Notice of General Interest, on web sites published by the Department of Labor, Licensing and Regulation, and must be provided to each local building department with instructions for its prominent display. The notice must include:

(1) The address to which interested persons may submit written comments: and,

(2) A period of not less than one hundred eighty days during which comments may be received.

8-248. Study Committee Meetings.

(A) The Study Committee must hold at least one public meeting per building code cycle. All Study Committee meetings shall be at the call of the chairman of the Council and must be open to the public. All deliberations and actions taken by the Study Committee must be done in public session. For the purpose of conducting meetings and rendering recommendations, three core members or their alternates will constitute a quorum.

(B) The date, time and place for all Study Committee meetings must be made public in the same manner as required for the Council meetings. Notice of Study Committee meetings must be published a minimum of ten working days prior to the meeting date.

(C) Proposed amendments with all supporting documentation must be submitted to the Council's staff a minimum of ten working days prior to the meeting date. A meeting agenda must be_published a minimum of five working days prior to the meeting date, after which time additions shall not be made to the agenda.

(D) The Study Committee must review all proposed modifications and the pertinent supporting documentation and testimony as necessary to reach a decision. If the Study Committee cannot reach a decision based on the documentation and testimony provided, the proposed modification may be carried over to a future meeting until a decision is reached.

(E) A report of the Study Committee, including a list of pros and cons for the proposed amendments, must be submitted in writing to the Council with a recommendation for:

(1) Approval: or,

(2) Disapproval: or,

(3) Approval as revised.

(F) In the event that the Study Committee is unable to reach a decision on a recommendation, the matter will be presented to the Council.

8-250. Energy Standards Variation Procedure.

(A) The Council shall review and grant variations to the Energy Standards, when it determines that conditions requiring special or different building standards exist within any local jurisdiction.

(B) Requests for variations to the Energy Standards may only be considered when submitted to Council by the local enforcement agency proposing the changes and, if approved, are valid only within the requesting jurisdiction.

(C) All requests for variations must be accompanied by sufficient test information, studies, data or other documentation to fully explain and justify the issues to be considered. The submittal should include a list of the persons wishing to testify and their titles and affiliations. Each variation shall be submitted separately. Information submitted shall be legible and contain the following:

(1) Name, address, phone number and title of the person making the request:

(2) Name of jurisdiction for which the variation is being submitted:

(3) The full wording and nature for the proposed variation:

(4) The basis or reason for the request.

(D) Variations granted to any local jurisdiction shall apply only to site constructed buildings. Structures approved and constructed in compliance with the Modular Act shall not be affected by any variation to the Energy Standards that may be granted to a local jurisdiction. All properly labeled modular buildings shall be accepted by the local enforcement agency as being in full compliance with the Energy Standards.

8-255. Energy Standards Appeal Procedure.

(A) The Council shall review and decide appeals to the requirements of the energy standards when certain occupancy or construction conditions are proven to exist in areas of the state where local appeals boards have not been appointed.

(B) Appeals may be brought before Council by any person, persons or parties who may be affected by any provision of or decision made pursuant to the administration or enforcement of the Energy Standards.

(C) All appeals must fully explain and justify the issues to be considered. The submittal should include a list of the persons wishing to testify. Each appeal shall be submitted separately. Information submitted shall be legible and must contain the following:

(1) Name, address and phone number of the person making the request:

(2) Name of jurisdiction in which the structure involved is located:

(3) The nature of the appeal:

(4) The basis or reason for the appeal.

(D) Any decision of Council may be appealed by an aggrieved party to the Administrative Law Judge Division in accordance with the South Carolina Administrative Procedures Act. An appeal shall not act as a stay or supersedeas of the Council's decision.

8-260. Administration of Modular Act.

The Council shall implement the provisions of the Modular Act and its accompanying regulations.

8-261. Administration of Accessibility Act.

The Council shall implement and administer the provisions of the Accessibility Act and its accompanying regulations. Subsequent amendments to the regulations may be promulgated by the Council upon recommendation of the Accessibility Committee.

8-265. Omitted by State Register Volume 29, Issue No. 2, eff February 25, 2005.

8-270. Injunctive Relief.

(A) In the event of a proposed or actual violation of the prescribed building codes or these regulations, injunctive relief shall be as provided by the Building Codes Act.

(B) In the event of a proposed or actual violation of the Modular Act or its regulations, injunctive relief shall be provided by the Modular Act.

(C) Private suits for damages resulting from violations of the Modular Act or its regulations, shall be as provided by the Modular Act.

(D) In the event of a proposed or actual violation of the Energy Standards, injunctive relief shall be as provided by the Energy Standards.

(E) In the event of a proposed or actual violation of the Accessibility Act or its regulations, injunctive relief shall be as provided by the Accessibility Act.

8-275. Penalties.

(A) Any person violating the codes listed in the Building Codes Act or the regulations adopted pursuant to the provisions of the Building Codes Act, shall be subject to the penalties provided therein.

(B) Any person violating any of the provisions of the Modular Act or its regulations, shall be subject to the penalties provided therein.

(C) Any person violating any of the provisions of the Energy Standards, shall be subject to the penalties provided therein.

(D) Any person violating any of the provisions of the Accessibility Act or its regulations, shall be subject to the penalties provided in the Accessibility Act.

ARTICLE 3.

INTERNATIONAL FUEL GAS CODE

(Statutory Authority: 1976 Code Section 6-9-40)

8-300. International Fuel Gas Code.

NOTE-This article is identical to the International Fuel Gas Code, 2003 Edition, in accordance with the statutory amendments to acts governing the Building Codes Council, except for the modifications referenced below.

8-301. Modifications.

Section G505.1.1

Where commercial cooking appliances are vented by means of the Type I or Type II kitchen exhaust hood system that serves such appliances, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. Dampers shall not be installed in the exhaust system. Exception: An interlock between the cooking appliance and the exhaust hood system shall not be required for appliances that are of the manually operated type and are factory equipped with standing pilot burner ignition systems.

ARTICLE 4.

INTERNATIONAL RESIDENTIAL CODE

(Statutory Authority: 1976 Code Section 6-9-40)

8-400. International Residential Code.

NOTE--This article is identical to the International Residential Code, 2003 Edition, in accordance with the statutory amendments to acts governing the Building Codes Council, except for the modifications referenced below.

8-401. Modifications.

Section R202

Story - That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. For the purpose of determining the appropriate code to be used, when the first story is built in the flood plain, a 'Story' must be 'Habitable Space.'

Section R301.2(2)

The most recent seismic design map includes a new seismic zone designated as D₀ (D sub zero) that is not included in the 2003 edition of the International Residential Code, but will be included in the 2006 edition. The D₀ zone reduces the area of the existing D₁ zone in South Carolina and provides for less restrictive, and thus less costly construction requirements. The Building Codes Council determined that since the latest map is conclusive and available now, it should be used.

Section R301.2.2

Sections R301 design criteria, R403 footings, R404 foundation walls, R602 wood wall framing, R606 general masonry construction, R611 insulating concrete form wall construction, R703 exterior covering section and R1003 masonry fireplaces were revised to incorporate the design provisions for the new Seismic Design Category D₀ (D sub zero). The D₀ design category is not included in the 2003 edition of the International Residential Code, but will be included in the 2006 edition. This modification establishes the design criteria for the new D₀ seismic zone created by the modification to Section R301.2(2).

A moratorium was placed on enforcement of the D₀ (D sub zero) seismic design requirements for those areas in South Carolina designated as D₀, until adoption of the 2006 International Residential Code. The design requirements for the seismic zone C will be in effect for those areas in South Carolina designated as D₀.

Section R311.4.3

The floor or landing at the interior side of the exit door required by Section R311.4.1 shall not be more than 1.5 inches (38 mm) lower than the top of the threshold. The floor or landing at exterior doors other than the exit door required by Section R311.4.12 shall not be required to comply with this requirement but shall have a rise no greater than that permitted in Section R311.5.3.

Exception: The landing at an exterior/exit doorway shall not be more than 7 3/4 inches (196 mm) below the top of the threshold, provided the door, other than an exterior storm or screen door does not swing over the landing.

Section R311.5.3

When risers are closed, all treads may have a uniform projection not to exceed 1 1/2 inches. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch. The greatest tread run within any flight of stairs shall not exceed the smallest by more than 3/8 inch. Stairways shall not be less than 3 feet in clear width, and the headroom, rise and run shall conform to Figure R-213.1. Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width.

Section R311.5.6.1

Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finished surface of ramp slope, shall be not less than 30 inches and not more than 38 inches (965 mm).

Table R402.2

MINIMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE

Porches, carport slabs and steps exposed to the weather 2,500 (PSI).

Section R403.1.4.2

In seismic design categories D₁ and D₂, interior footings supporting bearing or bracing walls and cast monolithically with a slab on grade shall extend to a depth of not less than 12 inches (305 mm) below the top of slab.

Section R403.1.6

When braced wall panels are supported directly on continuous foundations, the wall wood sill plate or cold-formed steel bottom track shall be anchored to the foundation in accordance with this section. The wood sole plate at exterior walls on monolithic slabs and wood sill plate shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. In Seismic Design Categories D₁ and D₂, anchor bolts shall also be spaced at 6 feet (1829 mm) on center and located within 12 inches (305 mm) from the ends of each plate section at interior braced wall lines when required by Section R602.10.9 to be supported on a continuous foundation. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into masonry or concrete. Interior bearing wall sole plates on monolithic slab foundations shall be positively anchored with approved fasteners. A nut and washer shall be tightened on each bolt to the plate. Sills and sole plates shall be protected against decay and termites where required by Sections R318 and R319. Cold-formed steel framing systems shall be fastened to the wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.1.1.

Exception: Foundation anchor straps, spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts.

Exception 2. Walls 24"' total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels per Figure R602.10.5 at corners.

Exception 3. Walls 12"' total length or shorter connecting offset braced wall panels shall be permitted to be connected to the foundation without anchor bolts. The wall shall be attached to adjacent braced wall panels per Figure R602.10.5 at corners.

Section R403.1.7

Sections R403.1.7 (Footings on or Adjacent to Slopes); R402.1.7.1 (Building Clearances from Ascending Slopes); R403.1.7.2 (Footing Setback from Descending Slope Surfaces); R403.1.7.3 (Foundation Elevation); R403.1.7.4 (Alternate Setback and Clearances); figure R403.1.7.1 (Foundation Clearance from Slopes) were deleted. The sections referenced establish limitations for sites with varying topography that may be more appropriate in local zoning ordinances.

Table R502.5(1)

An additional table (identified as Table R502.5(1)A) was included with the existing table, which will allow for the use of standard lumber as an alternative to engineered wood for the fabrication of headers over 6 feet in length.

Section R502.11.4

Truss design drawings, prepared in compliance with Section R502.11.1, shall be provided to the building official at the time of inspection. Truss design drawings shall be provided with the shipment of trusses delivered to the job site. Truss design drawings shall include at a minimum the information specified below:

Section R602.10.5

When continuous wood structural panel sheathing is provided in accordance with Method 3 of R602.10.3 on all sheathable areas of all exterior walls, and interior braced wall lines, where required, including areas above and below openings, braced wall panel lengths shall be in accordance with Table R602.10.5. Wood structural panel sheathing shall be installed at corners in accordance with Figure R602.10.5. The bracing amounts in Table R602.10.1 for Method 3 shall be permitted to be multiplied by a factor of 0.9 for walls with a maximum opening height that does not exceed 85 percent of the wall height or a factor of 0.8 for walls with a maximum opening height that does not exceed 67 percent of the wall height.

Exception: Vertical wall segments in the first of one or first of two story buildings next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches (406 mm) and a height of not more tan 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch minimum-thickness (9.5 mm) wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure R602.10.5(2). The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure R602.10.5(2). The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and flat washers shall be a minimum of 2 inches by 2 inches by 3/1 inch (51 mm by 51 mm by 4.8 mm) thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C.

Section R802.10.1

Truss design drawings, prepared in compliance with Section R802.10.1, shall be provided to the building official at the time of inspection. Truss design drawings shall be provided with the shipment of trusses delivered to the job site. Truss design drawings shall include at a minimum the information specified below:

Chapter 11

The State of South Carolina has specific energy standards in statutory form (Re: Title 6, Chapter 9, Building Codes and Title 6, Chapter 10, Building Energy Efficiency Standard Act.). To eliminate any possible conflicts concerning the insulation requirements for single and two family residential buildings between the International Residential Code and state law, Chapter 11 was deleted.

Section M1411.4

M1411.4 Insulation of refrigerant piping. Piping and fittings for refrigerant vapor (suction) lines shall be insulated with insulation have a thermal resistivity of at least R-2.5 hr. ft 2 F/Btu and having external surface permeance not exceeding 0.05 perms [2.87 ng/(s m2 Pa)] when tested in accordance with ASTM E 96.

Figure R307.2

The minimum fixture clearance for a water closet had been 12 inches from the center of the bowl to the sidewall or bathtub for many years. The dimension was changed to 15 inches in the 2000 International Residential Code without a convincing reason for doing so. The minimum clearance, therefore, was changed back to 12 inches. Figure R.307.2 is a graphic. The modification changes the dimension on the graphic from 15 inches to 12 inches.

NOTE--This article is identical to the International Residential Code, 2003 Edition, in accordance with the statutory amendments to acts governing the Building Codes Council, except for modifications.