Download This Bill in Microsoft Word format
A28, R24, H3026
STATUS INFORMATION
General Bill
Sponsors: Reps. Cato, G.M. Smith, Edge, Sandifer, Coates, Kirsh and Bales
Document Path: l:\council\bills\dka\3049dw05.doc
Companion/Similar bill(s): 131
Introduced in the House on January 11, 2005
Introduced in the Senate on January 27, 2005
Last Amended on March 10, 2005
Passed by the General Assembly on March 15, 2005
Governor's Action: March 22, 2005, Signed
Summary: Adoption and promulgation of building codes and standards
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/8/2004 House Prefiled
12/8/2004 House Referred to Committee on Labor, Commerce and Industry
1/11/2005 House Introduced and read first time HJ-56
1/11/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-56
1/19/2005 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-4
1/20/2005 Scrivener's error corrected
1/26/2005 House Amended HJ-26
1/26/2005 House Read second time HJ-27
1/27/2005 House Read third time and sent to Senate HJ-7
1/27/2005 Senate Introduced and read first time SJ-14
1/27/2005 Senate Referred to Committee on Labor, Commerce and Industry
SJ-14
3/10/2005 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-12
3/10/2005 Senate Amended SJ-12
3/10/2005 Senate Read second time SJ-12
3/10/2005 Senate Unanimous consent for third reading on next legislative
day SJ-12
3/11/2005 Senate Read third time and returned to House with amendments
SJ-1
3/11/2005 Scrivener's error corrected
3/15/2005 House Concurred in Senate amendment and enrolled HJ-112
3/17/2005 Ratified R 24
3/22/2005 Signed By Governor
3/28/2005 Copies available
3/28/2005 Effective date See Act for Effective Date
4/13/2005 Act No. 28
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/8/2004
1/19/2005
1/20/2005
1/26/2005
3/10/2005
3/11/2005
(A28, R24, H3026)
AN ACT TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Adoption and promulgation of modifications
SECTION 1. Section 6-9-40 of the 1976 Code, as last amended by Act 83 of 2003, is further amended to read:
"Section 6-9-40. (A) The council is authorized to review, adopt, modify, and promulgate the building codes referenced in Section 6-9-50, provided that:
(1) a notice of intention to adopt a code or a new edition of a code 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;
(2) the notice must include:
(a) the address to which interested persons may submit written comments; and
(b) a period of not less than one hundred eighty days during which comments may be received;
(3) comments must be assigned to a study committee appointed by the council which shall publish Notice of General Interest in the same manner as provided in item (1) setting out the committee's scope of review. The notice must give instructions for filing an intention to appear before or provide evidence or comments to the committee, or both. The committee must be comprised of at least three people with different technical backgrounds;
(4) the committee shall hold at least one public meeting, accept evidence and comments, and make a written recommendation to the council. Within one hundred eighty days from the end of the comment period, the council shall adopt, modify, or deny the recommendations from the committee. The council may modify or amend the code after a finding on the record that the modifications provide a reasonable degree of public health, safety, and welfare;
(5) the council shall promulgate modifications to the building codes referenced in Section 6-9-50 using the provisions of Chapter 23, Title 1 (Administrative Procedures Act); and
(6) the promulgated code becomes effective on the first day of January or July which is more than six months from the effective day of the regulation.
(B) Modifications promulgated pursuant to this section do not require readoption by the council for subsequent editions of the building codes. Upon submission of a formal request, existing modifications shall be reconsidered each time a new edition of the building code is considered for adoption by the council."
Time effective
SECTION 2. This act takes effect upon approval by the Governor and affects modifications authorized from the 2000 code cycle forward.
Ratified the 17th day of March, 2005.
Approved the 22nd day of March, 2005.
This web page was last updated on Friday, December 4, 2009 at 3:37 P.M.