South Carolina General Assembly
117th Session, 2007-2008

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A54, R92, S504

STATUS INFORMATION

General Bill
Sponsors: Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes
Document Path: l:\s-res\hkl\005buil.dag.doc

Introduced in the Senate on February 28, 2007
Introduced in the House on May 1, 2007
Passed by the General Assembly on May 25, 2007
Governor's Action: June 6, 2007, Signed

Summary: Building codes

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/28/2007  Senate  Introduced and read first time SJ-15
   2/28/2007  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-15
   4/25/2007  Senate  Polled out of committee Labor, Commerce and Industry 
                        SJ-31
   4/25/2007  Senate  Committee report: Favorable Labor, Commerce and Industry 
                        SJ-31
   4/26/2007  Senate  Read second time SJ-18
   4/26/2007  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-18
   4/27/2007  Senate  Read third time and sent to House SJ-1
    5/1/2007  House   Introduced and read first time HJ-7
    5/1/2007  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-8
   5/23/2007  House   Committee report: Favorable Labor, Commerce and Industry 
                        HJ-8
   5/24/2007  House   Read second time HJ-28
   5/24/2007  House   Unanimous consent for third reading on next legislative 
                        day HJ-30
   5/25/2007  House   Read third time and enrolled
   5/31/2007          Ratified R 92
    6/6/2007          Signed By Governor
   6/13/2007          Copies available
   6/13/2007          Effective date 06/06/07
   6/15/2007          Act No. 54

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/28/2007
4/25/2007
5/23/2007


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A54, R92, S504)

AN ACT TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, SO AS TO PROVIDE THAT THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE PROCEDURE FOR AN EMERGENCY BUILDING CODE MODIFICATION.

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

Modification of building codes; emergency building code modification

SECTION    1.    Section 6-9-40 of the 1976 Code, as last amended by Act 28 of 2005, 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, adopt a new edition of a code, or modify an existing code must be published in the State Register as a Notice of General Interest, on websites 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; and

(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.

Any amended or modified code shall be codified as provided for in Section 1-23-90. The council shall determine whether the amended or modified code becomes effective on the first day of January or July.

(B)(1)    If it is discovered at any time between building code cycles that an existing building code requirement constitutes a new threat to the life or safety of building occupants that was unknown when the building code was last approved, an emergency building code modification may be made by the council. An emergency building code modification shall take effect on a date established by the council.

(2)    The council must provide notice of a request for an emergency building code modification in the same manner as required for a regular council meeting.

(3)    The council must conduct a hearing to consider an emergency building code modification at an open council meeting, and all proponents and opponents must be given ample time to state their positions.

(C)    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.

Ratified the 31st day of May, 2007.

Approved the 6th day of June, 2007.

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