S.C. Code Regs. § § 8-245

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

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

(A) The Council shall review and may grant local modifications to any of the 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.

(B) 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.

(C) 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.

(D) 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.

(E) In order to qualify for a local modification to any of the Codes, the local jurisdiction has the burden of establishing the following:

(1) The requested modification is either physical or climatological in nature.

(a) 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.

(b) 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.

(2) How the section(s) of the Codes at issue do not meet the local jurisdiction's needs as a result of the physical or climatological condition.

(3) The manner in which the requested modification will address the physical or climatological condition.

(4) The manner in which the requested modification will provide a reasonable standard of public health, safety, and welfare.

S.C. Code Regs. § 8-245

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.