S.C. Code Regs. § § 8-240

Current through Register Vol. 48, No. 11, November 22, 2024

Section 8-240 - Building Codes Modification Procedure

(A) At least every four (4) years, the Council must adopt the latest edition of the nationally recognized codes as identified in S.C. Code Ann. § 6-9-50(A) with any modifications approved by the Council in accordance with statute and these regulations.

(B) At the outset of every Building Code Cycle, the Council shall appoint a Study Committee to review the latest editions of the nationally recognized codes as identified in S.C. Code Ann. § 6-9-50(A) and identify any code changes and their potential impact on South Carolina if adopted by the Council.

(C) During each Building Code Cycle, the Council must file and publish in the State Register a notice of intention to review the latest edition of the nationally recognized codes and provide a 180-day comment period for local jurisdictions and professional associations to submit proposed modifications to the codes.

(D) All proposed modifications must be submitted during the 180-day comment period in order to be considered. The only exceptions are emergency or local modifications to the Codes which may be considered by the Council at any time.

(E) During the 180-day comment period, the Study Committee shall meet as needed to review any proposed modifications to the codes and hear testimony from interested persons on the proposed modifications.

(F) A request for a proposed statewide modification:

(1) May be accepted from (a) an official representative of the local jurisdiction proposing the modification: or, (b) an official representative of the professional association proposing the modification.

(2) Must include:

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

(b) 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,

(c) A completed Code Modification Form (provided by the Council); and,

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

(e) 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.

(G) Each request for modification 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.

(I) After the 180-day comment period, the Council shall meet to adopt the latest edition of the nationally recognized codes and vote to approve or disapprove all modification requests.

(J) 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.

(K) 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.

S.C. Code Regs. § 8-240

Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 29, Issue No. 2, eff February 25, 2005; State Register Volume 48, Issue No. 05, eff. 5/24/2024.