Bill 2463

                    Current Status

Bill Number:               2463
Ratification Number:       176
Act Number                 125
Introducing Body:          House
Subject:                   Relating to the SC Building Energy
                           Efficiency Standard Act

(A125, R176, H2463)

AN ACT TO AMEND ACT 156 OF 1979, RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT, SO AS TO CLARIFY MINIMUM INSULATION STANDARDS FOR ONE AND TWO-FAMILY DWELLINGS AND TO AUTHORIZE THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION TO ASSIST LOCAL GOVERNMENTS WHO HAVE NOT ADOPTED BUILDING CODES IN THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT.

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

Definitions

SECTION 1. Section 3 of Act 156 of 1979 is amended by adding:

"(8) 'One or two-family dwelling' means any building which contains one or two single units, each providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, cooling, and sanitation and rented to be occupied or which is occupied for living purposes."

Determinations of R-values

SECTION 2. Section 4 of Act 156 of 1979 is amended by adding:

"(d) Notwithstanding the provisions of subsection (a) of this section, in the case of ceilings, exterior walls and floors with crawl space in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall be:

(1) Ceilings shall be R-19;

(2) Exterior walls shall be R-11;

(3) Floors with crawl space shall be R-11.

Nothing in this subsection shall be construed to inhibit utilization of higher minimum thermal ratings."

Local governments may designate engineer, etc.

SECTION 3. Subsection (b) of Section 6 of Act 156 of 1979 is amended to read:

"(b) In areas of the State where local governments have not adopted building codes, they may designate their engineer or director of public works, or their chief fire inspector as the enforcement agency, or they may call upon the South Carolina Residential Home Builders Commission to assist in enforcement for structures under their jurisdiction. In the absence or unavailability of the above, they shall advise the permittee of the provisions of the Energy Efficiency Standard Act, and the penalties for violation.

Upon request, the Division of Energy of the Office of the Governor shall provide to counties and municipalities a brief synopsis of the Energy Efficiency Standard Act and penalties."

Provisions not to apply

SECTION 4. The provisions of Section 2 of this act shall not apply to the construction of one or two-family dwellings on which building permits have been issued on the effective date of this act.

Legislative intentions

SECTION 5. Section 8 of Act 156 of 1979 is amended by striking subsection (a) and inserting: "The General Assembly intends by the enactment of this section to provide an appeals process for the routine granting of variations for residential recreational dwellings not intended for use as permanent residences and for buildings such as log buildings which, if insulation were required on the walls, would change the character of such buildings.

(a) In areas of the State where building codes have been adopted and Boards of Adjustment and Appeals established in accordance with the Standard Building Code, such Boards of Adjustment and Appeals may carry out their normal functions concerning variations, appeals and the requirements of the South Carolina Building Energy Efficiency Standard."

Time effective

SECTION 6. This act shall take effect thirty days after approval by the Governor.