reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-930. Buildings outside of fire limits of incombustible material.

Outside the fire limits, when any building is to be erected of brick, stone, hollow block or concrete that could under this chapter be constructed of wood, the inspector or other designated official shall allow reasonable modifications of this chapter relating to brick buildings, in consideration of the use of incombustible material instead of wood. Such modifications, however, shall not permit variations from the requirements of Sections 5-25-650, 5-25-830, 5-25-840, 5-25-880, and 5-25-890.
HISTORY: 1962 Code Section 47-1260; 1952 Code Section 47-1260; 1942 Code Section 7523; 1932 Code Section 7523; Civ. C. '22 Section 4638; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-940. Construction not provided for in this chapter.

The construction of any or all buildings not provided for in this chapter shall be in accord with the construction required by some recognized authority approved by the State Fire Marshal.
HISTORY: 1962 Code Section 47-1261; 1952 Code Section 47-1261; 1942 Code Section 7526; 1932 Code Section 7526; Civ. C. '22 Section 4641; 1917 (30) 77; 1960 (51) 1646.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1110. Municipalities shall pass fire limit ordinances.

The city council or governing body of every incorporated city or town shall pass an ordinance establishing and defining fire limits, which shall include the principle business portion of the city or town.
HISTORY: 1962 Code Section 47-1211; 1952 Code Section 47-1211; 1942 Code Section 7491; 1932 Code Section 7491; Civ C '22 Section 4606; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1120. Manner in which buildings in fire limits shall be constructed.

Every building hereafter erected or enlarged within the fire limits shall be enclosed on all sides with walls constructed wholly of stone, well-burned brick, terra cotta, concrete or other equivalent incombustible materials and shall have the roof and the roof top and sides of all roof structures, including dormer windows, covered with incombustible material. All cornices shall be of incombustible material.
HISTORY: 1962 Code Section 47-1212; 1952 Code Section 47-1212; 1942 Code Section 7492; 1932 Code Section 7492; Civ C '22 Section 4607; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1130. No frame structures shall be built or moved within fire limits; exceptions.

No frame or wood structure shall be built within such fire limits except the following, and all roofs placed upon such buildings or structures shall have an incombustible covering, (a) temporary one-story frame buildings for the use of builders and (b) wooden fences not over eight feet high. No frame building shall be moved from without to within the fire limits.
HISTORY: 1962 Code Section 47-1213; 1952 Code Section 47-1213; 1942 Code Section 7493; 1932 Code Section 7493; Civ C '22 Section 4608; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1140. Construction of certain buildings in fire limits.

No building shall hereafter be built for a public garage, coffee roaster, bakery, dry cleaning establishment or steam laundry within the fire limits, unless it be of slow-burning construction with exterior walls and roof of incombustible material.
HISTORY: 1962 Code Section 47-1214; 1952 Code Section 47-1214; 1942 Code Section 7495; 1932 Code Section 7495; Civ C '22 Section 4610; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1150. Repairs to roofs within fire limits.

All repairs to roofs within the fire limits shall be by the use of incombustible materials.
HISTORY: 1962 Code Section 47-1215; 1952 Code Section 47-1215; 1942 Code Section 7494; 1932 Code Section 7494; Civ C '22 Section 4609; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1160. Removal of damaged frame buildings.

An existing frame building within the fire limits which may hereafter be damaged by fire, decay or otherwise to an amount greater than one half of its value on February 20 1917, exclusive of the foundation, shall not be repaired or rebuilt but shall be removed.
HISTORY: 1962 Code Section 47-1216; 1952 Code Section 47-1216; 1942 Code Section 7494; 1932 Code Section 7494; Civ C '22 Section 4609; 1917 (30) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1310. Smoke detectors required for one-family and two-family dwellings, including manufactured housing.

(A) One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition; provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing.
(B) A newly constructed dwelling or a dwelling remodeled in excess of fifty percent of its assessed value after December 31, 1994, must be equipped with electrically powered smoke detectors. Electrical power to the smoke detectors must be a dependable, commercial electrical source. Detectors must be installed according to manufacturer's instructions.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1320. Battery-operated detectors permitted in certain existing dwellings.

A battery-operated detector meeting the requirements of NFPA 74, 1989 Edition, is permitted in an existing dwelling that has not undergone remodeling exceeding fifty percent of its assessed value. Detectors must be installed according to manufacturer's instructions.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1330. Responsibility of owner of dwelling to supply and install smoke detectors in rental dwellings and housing; instructions for operation of detectors; notice of deficiencies in detectors; repair or replacement of detector.

(A) The owner of a dwelling is responsible for supplying and installing the smoke detectors in rental dwellings and housing and shall provide the tenant at the time the tenant takes possession of the dwelling written or verbal instructions, or both, for testing the detectors and replacing batteries in battery-powered detectors.
(B) The tenant of a rental dwelling shall notify the owner in writing of any deficiencies in the performance of the smoke detectors. The owner must be considered notified upon delivery of the written notice at the place of business of the owner through which the rental agreement was made or at any place held out by him as the place of receipt for the payment of rent or other communications.
(C) Upon written notification by the tenant that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days. No obligation is created hereby for the owner to replace or repair a detector that he determines upon visual inspection or testing has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized to reside in the residence by the tenant and notifies the tenant in writing of these findings. The owner may repair or replace a detector that he determines has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized by the tenant to reside in the residence and may assess against the tenant the actual cost of the repair or replacement of the detector.
(D) No obligation is created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1340. Conveyance or transfer of real estate prohibited unless smoke detectors have been installed and are functioning.

No person may convey a title to real estate which includes a dwelling to which the article applies pursuant to Section 5-25-1310(A) or transfer possession of a building to which this article applies pursuant to Section 5-25-1310(A) unless smoke detectors have been installed and are functioning in accordance with this article. The purchaser may inspect the detectors at any reasonable time prior to closing to verify that they have been properly installed and are functioning in accordance with this article. The seller shall provide to the purchaser at closing an affidavit stating that the smoke detectors have been installed and are functioning in accordance with this article. Compliance with this section relieves the seller of any further liability after closing with respect to the performance of the smoke detectors. Violation of the provisions of this section does not affect the validity of the conveyance.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1360. Enforcement of article by State Fire Marshal or local fire official.

Upon entry into a dwelling on official business by invitation of the owner or occupant or in response to an emergency, the State Fire Marshal or a local fire official, or both, shall enforce this article.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1370. Penalties for violations of article.

A person who violates this article on first offense has fifteen days to install a smoke detector or to repair or replace the detector. On second offense, a person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 25 - Building Codes And Fire Prevention › Section 5-25-1380. Failure to comply with article does not create cause of action or basis for insurance company to deny coverage.

Failure to comply with the provisions of this article does not create a cause of action for a per se statutory violation for liability, or for negligence-based liability, for death, injury, or damages. Nor shall failure to comply with the provisions of this article be used by any insurance company to deny coverage, void a policy, or deny a claim.
HISTORY: 1994 Act No. 524, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-10. Purchase of land for purpose of establishing or improving streets, alleys, roads, courts or lanes.

Whenever the mayor and aldermen of any city or the intendant and wardens of any town in this State shall think it expedient to widen, open, lay out, extend or establish any street, alley, road, court or lane, they may purchase the lot, lots or parts of lots of land necessary for such street, alley, road, court or lane, and the fee simple of such land shall be vested in such city or town for the use of the public from the day of delivery of the deed of sale.
HISTORY: 1962 Code Section 47-1301; 1952 Code Section 47-1301; 1942 Code Section 7367; 1932 Code Section 7367; Civ. C. '22 Section 4499; Civ. C. '12 Section 3065; Civ. C. '02 Section 1396; R. S. 1181; 1884 (18) 781; 1905 (24) 964.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-110. Maintenance and repair of streets and ways in towns of less than 1,000.

Every town council of a town of less than one thousand inhabitants shall keep all streets and ways which may be necessary for public use within the limits of the town open and in good repair and for that purpose they are hereby invested with the powers, rights and privileges granted by law to the governing body of the county without the limits of the town. For neglect of duty they shall be liable to the pains and penalties imposed by Section 57-17-80 upon governing bodies of counties for like neglect.
HISTORY: 1962 Code Section 47-1321; 1952 Code Section 47-1321; 1942 Code Section 7411; 1932 Code Section 7411; Civ. C. '22 Section 4523; Civ. C. '12 Section 2902; Civ. C. '02 Section 1944; 1896 (22) 78.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-120. Repair of streets, ways and bridges in municipalities of over 1,000.

The city or town council of any city or town of over one thousand inhabitants shall keep in good repair all the streets, ways and bridges within the limits of the city or town and for such purpose it is invested with all the powers, rights and privileges within the limits of such city or town that are given to the governing bodies of the several counties of this State as to the public roads.
HISTORY: 1962 Code Section 47-1323; 1952 Code Section 47-1323; 1942 Code Section 7438; 1932 Code Section 7438; Civ. C. '22 Section 4550; Civ. C. '12 Section 2951; Civ. C. '02 Section 1985; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1023.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-130. Prisoners may be required to work on roads in municipalities of over 1,000.

Every person sentenced to imprisonment in any such city or town, either directly or in consequence of a failure to pay a fine imposed, shall be subject to work upon the public roads of such city or town of over one thousand inhabitants or of the county in which such city or town is situate during the term of such imprisonment.
HISTORY: 1962 Code Section 47-1325; 1952 Code Section 47-1325; 1942 Code Section 7432; 1932 Code Section 7432; Civ. C. '22 Section 4544; Civ. C. '12 Section 2946; Civ. C. '02 Section 1982; 1896 (22) 67; 1901 (23) 649.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-140. Erection of poles, posts and the like on streets in towns under 5,000.

In towns of less than five thousand inhabitants, incorporated under the provisions of Chapter 1 of Title 5 of the 1976 Code of Laws of South Carolina, the town council may, in its discretion, authorize the erection of poles, posts and any other obstruction which, without legislative sanction, either mediately or immediately given, would constitute nuisances in, upon or under the highways, streets and roads of said town.
HISTORY: 1962 Code Section 47-1326; 1952 Code Section 47-1326; 1942 Code Section 7438; 1932 Code Section 7438; Civ. C. '22 Section 4550; Civ. C. '12 Section 2951; Civ. C. '02 Section 1985; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1023.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-150. Opening, closing or otherwise altering streets in cities over 5,000.

The city council of any city containing more than five thousand inhabitants may open new streets, close, widen, or alter streets in the city when, in its judgment, it may be necessary for the improvement of the city. It shall first pay damages, should any be claimed, to any landowner through whose premises the streets may run, according to the Eminent Domain Procedure Act (Chapter 2 of Title 28).
HISTORY: 1962 Code Section 47-1327; 1952 Code Section 47-1327; 1942 Code Section 7455; 1932 Code Section 7455; Civ. C. '22 Section 4570; Civ. C. '12 Section 2926; Civ. C. '02 Section 1967; 1901 (23) 648; 1953 (48) 272; 1987 Act No. 173, Section 7.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-160. Approval of subdivisions in cities of 35,000 or more.

It shall be unlawful to sell and convey lots or parcels of real estate subdivided into lots and streets, situated within five miles of a city having a population of thirty-five thousand or more, unless and until a map or plat has been approved by the city engineer of the city constituting the county seat in the county in which such lot or parcel is located and until such map, with the approval of such city engineer, has been duly recorded in the office of the clerk of the court of common pleas or of the register of deeds for such county in which it is located. If the city engineer shall disapprove the plans submitted to him or if his rulings shall be unsatisfactory to those persons submitting such plans an appeal may be had to the city council or other governing body of the city.
HISTORY: 1962 Code Section 47-1329; 1952 Code Section 47-1329; 1942 Code Section 7549; 1932 Code Section 7389; 1925 (34) 14; 1940 (41) 1849; 1997 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-170. Change of street names near cities of 50,000 or more.

In any county and beyond the borders of any incorporated city or town and within a radius of five miles of any city having a population of fifty thousand or more, the city engineer of such city and the county engineer of such county may change the name of any street or road. Any such change of name when made shall be certified to the office of the clerk of court of common pleas and general sessions or of the register of deeds for such county, there to be recorded. In any county having no county engineer the executive officer of the county department or agency having jurisdiction of the construction and maintenance of county roads and highways shall act in his stead. But the city engineer of a city that had a population of more than sixty thousand and less than seventy thousand according to the 1940 United States census shall not have the right to change the names of streets that lie outside the county in which the city hall of such city is located.
HISTORY: 1962 Code Section 47-1330; 1952 Code Section 47-1330; 1942 Code Section 7549; 1932 Code Section 7389; 1925 (34) 14; 1940 (41) 1849; 1944 (43) 1294; 1997 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-180. Names of streets and numbers of lots in counties with cities between 85,000 and 100,000.

In any county containing a city having a population of more than eighty-five thousand and less than one hundred thousand, according to the latest official United States census, the city engineer of such city and the county engineer of such county may name any street or road beyond the borders of such incorporated city or town and may change and give a number to designate each lot of land facing and fronting on such street or road for a distance of every twenty-six feet. A copy of the plat, and any revisions thereof, showing the street or road to be named and lots to be numbered shall be filed with the county engineer before he or the city engineer may name any street or road or give a number to any lot thereon. The street or road shown on such plat shall be located and referenced with an existing named street or road or a fixed or natural marker. Any such name or any number designating such a lot facing on a street or road, when made, shall be certified to the office of the clerk of court of such county for recording.
HISTORY: 1962 Code Section 47-1331; 1952 Code Section 47-1331; 1944 (43) 1294; 1957 (50) 168; 1961 (52) 97.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-310. Authorization for assessment.

Any incorporated city or town of this State may provide by ordinance for the payment of the cost of the permanent improvements of its streets and sidewalks by levying upon the owners of property immediately abutting on the streets and sidewalks or parts of either so improved an assessment in proportion to the frontage only of such property on such streets or sidewalks or parts of either so improved of not exceeding in the aggregate one half of the cost of such improvements.
HISTORY: 1962 Code Section 47-1341; 1952 Code Section 47-1341; 1942 Code Section 7374; 1932 Code Section 7374; Civ. C. '22 Section 4506; 1915 (29) 250; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-320. Prerequisites to assessment.

No such assessment shall be so laid upon the abutting property owners until such improvements have been ordered pursuant to such ordinance upon the written consent, signed and filed with the city or town clerk, of not less than two thirds in number of the owners of the property abutting upon the street, sidewalk or part of either proposed to be improved and provision made for the payment by the corporate authorities of such city or town of not less than one half of the cost of such improvement. The times and terms of payment and rates of interest on deferred payments of assessments by such property owners shall be such as may be prescribed by ordinance.
HISTORY: 1962 Code Section 47-1342; 1952 Code Section 47-1342; 1942 Code Section 7374; 1932 Code Section 7374; Civ. C. '22 Section 4506; 1915 (29) 250; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-330. Use of funds.

The amounts of money raised by such assessments, together with the amounts added thereto by the city or town authorities from the city or town treasury, shall constitute and be kept as a separate fund, to be used only for the purpose for which it was raised and appropriated.
HISTORY: 1962 Code Section 47-1349; 1952 Code Section 47-1349; 1942 Code Section 7375; 1932 Code Section 7375; Civ. C. '22 Section 4507; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-340. Assessment as lien; enforcement.

Such assessments shall be entered in a book kept by the city or town clerk, to be entitled "assessment liens," stating the names of the owners, the location of the property and the amount of the assessment and the time or times of payment. When so entered such assessments shall constitute and be a lien upon the property so assessed and payment thereof may be enforced as the payment of city or town taxes is enforced. Such lien shall continue from the date of entry on such book until the expiration of five years from the date when final payment is due and payable, unless sooner paid. Upon default in the payment of any installment or deferred portion of any assessment, at the time and in accordance with the terms and conditions fixed by ordinance, the total amount of any such assessment then unpaid, including deferred installments or payments and interest, shall immediately become due and collectible as city or town taxes are collected and with such penalties and costs as are now provided for the payment of such taxes.
HISTORY: 1962 Code Section 47-1350; 1952 Code Section 47-1350; 1942 Code Section 7376; 1932 Code Section 7376; Civ. C. '22 Section 4508; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-350. Entry of satisfaction upon payment.

The city or town clerk shall be required by ordinance of the city or town to make entry of satisfaction on such "assessment liens" book as soon as full payment is made, and the lien shall be thereby extinguished.
HISTORY: 1962 Code Section 47-1352; 1952 Code Section 47-1352; 1942 Code Section 7377; 1932 Code Section 7377; Civ. C. '22 Section 4509; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-360. Notice of transfer of property before extinguishment of assessment lien.

Such cities or towns may, by ordinance, require the grantor and grantee of any property or part thereof sold or transferred after such assessment has been laid thereon and before such assessment lien has been extinguished, as provided herein, to file in writing with the city or town clerk, within ten days after every such sale or transfer, the name of such grantor and grantee, an accurate description of the property sold or transferred and the date of such sale or transfer.
HISTORY: 1962 Code Section 47-1356; 1952 Code Section 47-1356; 1942 Code Section 7379; 1932 Code Section 7379; Civ. C. '22 Section 4511; 1919 (31) 140.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-370. Provisions not effective locally until approved by local elections.

The provisions of Sections 5-27-310, 5-27-320, 5-27-330, 5-27-340, 5-27-350 and 5-27-360 shall not apply or become operative in any city or town until upon being submitted to the qualified electors thereof by the city or town council for approval, a majority of the qualified electors voting on the question of such approval vote in favor thereof at any general municipal election or at any special municipal election, whether called and held for that purpose or not, when the question of such approval of said sections is submitted and voted on separately and the ballots thereon deposited in a separate box properly labeled and provided for that purpose.
HISTORY: 1962 Code Section 47-1357; 1952 Code Section 47-1357; 1942 Code Section 7381; 1932 Code Sections 7380, 7381; Civ. C. '22 Section 4512; 1919 (31) 140; 1922 (32) 974; 1925 (34) 281; 1926 (34) 1028; 1929 (36) 624; 1930 (36) 1324; 1932 (37) 1149; 1936 (39) 1288; 1937 (40) 304, 457; 1938 (40) 1802.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-510. Municipalities empowered to construct or authorize construction of buildings projecting over sidewalks.

A municipality may construct or authorize the construction of any building which encroaches upon or projects over a public sidewalk. Any encroachment on a street which is included in the state highway system shall be subject to the approval of the South Carolina Department of Transportation.
HISTORY: 1962 Code Section 47-1334; 1968 (55) 2660; 1993 Act No. 181, Section 63.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-520. Municipalities empowered to construct or authorize parking facilities which project over sidewalks.

A municipality may construct or authorize the construction of motor vehicle parking facilities which encroach upon or project over a public sidewalk in the shopping districts of such municipality. Any such encroachment or projection shall be, in the opinion of the municipality's governing body, of a sufficient height above the sidewalk so as not to impede or interfere with normal pedestrian or vehicular movement. No such parking facility shall be allowed to encroach upon or project over any street within the State highway system or which has been constructed or improved with Federal aid funds, but this provision shall not apply to any such parking facility constructed or in the process of construction on May 23, 1961. The encroachment or projection of any such parking facility shall be removable and shall be removed, without compensation, upon reasonable notice given by the governing body of the municipality that the area subject to encroachment or projection is needed for street-widening purposes or that the encroachment or projection interferes with normal pedestrian or vehicular movement.
HISTORY: 1962 Code Section 47-1335; 1961 (52) 553.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 27 - Streets And Sidewalks › Section 5-27-910. Issuance to certain organizations of permits to solicit funds from motorists.

Any rescue squad, volunteer fire department, or charitable or eleemosynary organization in this State may solicit funds from motorists on highways and streets located within a municipality with a permit issued by the governing body of the municipality or within the unincorporated areas of a county with a permit issued by the governing body of the county. The governing body may grant or deny a permit. Permits may be issued for more than one day but no organization may be issued more than two permits in any one calendar year. Permits may impose limits upon solicitation as the governing body of the municipality or county determines are necessary to protect the health and safety of motorists, pedestrians, and those soliciting for an organization and to ensure that solicitation does not unreasonably impede the flow of traffic. The governing body issuing the permit shall have responsibility for supervising the solicitation and enforcing the terms of the permit; provided, that the municipality or county is immune from liability as provided in the Tort Claims Act for any loss or injury occurring as a result of these solicitations.
HISTORY: 1986 Act No. 392, Section 1; 1988 Act No. 373, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 29 - Off-street Parking Facilities › Section 5-29-20. Definitions.

As used in this chapter:
(1) The term "municipality" shall mean any incorporated city or town in this State.
(2) The term "Revenue Bond Act" shall mean Sections 6-21-10 through 6-21-570, as the same are now constituted, or as the same shall hereafter be amended.
(3) The term "Refunding Revenue Bond Act" shall mean Sections 6-17-10 through 6-17-320, as the same are now constituted, or as the same shall hereafter be amended.
(4) The term "off-street parking facilities" shall mean motor vehicular parking facilities of all sorts, including parking lots, buildings or ramps.
(5) The term "on-street parking facilities" shall mean any system of parking meters, curb line or other, regulating the parking of motor vehicles on any street within the corporate limits of any municipality, requiring the payment of a charge for the right to make use of any portion of any street set apart for motor vehicular parking.
HISTORY: 1962 Code Section 59-566.1; 1954 (48) 1771.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 29 - Off-street Parking Facilities › Section 5-29-30. Right of municipalities to establish on-street parking facilities reaffirmed.

The right of any municipality to establish on-street parking facilities is reaffirmed, and such facilities may be established and operated wherever traffic conditions in such municipality require.
HISTORY: 1962 Code Section 59-566.2; 1954 (48) 1771.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 29 - Off-street Parking Facilities › Section 5-29-40. Right of municipalities to establish, construct, maintain, and improve off-street parking facilities.

Any municipality shall be permitted to make provision for the construction, establishment, maintenance and improvement of off-street parking facilities, and to finance or refinance the cost of such construction, establishment, maintenance and improvement through the issuance of bonds pursuant to the Revenue Bond Act or the Refunding Revenue Bond Act.
HISTORY: 1962 Code Section 59-566.3; 1954 (48) 1771.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 29 - Off-street Parking Facilities › Section 5-29-50. Authority of municipalities under Revenue Bond Act and Refunding Revenue Bond Act.

Any municipality shall be fully empowered to avail itself of all powers granted by either or both of the Revenue Bond Act or the Refunding Revenue Bond Act. In exercising the powers conferred by such acts, the municipality may make all pledges and covenants authorized by any provision thereof, and may confer upon the holders of bonds issued pursuant to either of such acts all rights and liens authorized thereby. But in making any pledge pursuant to the Revenue Bond Act or the Refunding Revenue Bond Act, the municipality shall reserve the right to make appropriate changes in the location of any parking meters or other part of any on-street parking facilities, made necessary by street widening or street closing, and shall also reserve the right to substitute and make changes in the location of parking meters or other part of any on-street parking facilities, to provide essential and necessary traffic regulation and control. It shall also reserve the right to discontinue the use of on-street parking facilities wherever traffic requirements make such action necessary.
HISTORY: 1962 Code Section 59-566.4; 1954 (48) 1771; 1969 (56) 788.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-10. Laying water pipes under streams or highways.

Any municipal corporation of this State having power to construct and operate a plant for water supply or any person contemplating the laying of pipes for supplying water to a municipal corporation or to a community of citizens may lay water pipes for the purpose of carrying water on or under the bed of any nontidal navigable stream of this State and, with the approval of the county authorities in any county, on or under any highway of such county. Such pipes shall be so laid as not to interfere with the free use of such highway or the navigation of such streams by boats to the same extent that they would be navigable if such pipes were not laid.
Every such municipality or person, having laid such pipes, shall keep them in repair.
HISTORY: 1962 Code Section 59-151; 1952 Code Section 59-151; 1942 Code Section 7346; 1932 Code Section 7346; Civ. C. '22 Section 4479; Civ. C. '12 Section 3054; 1903 (24) 77.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-20. Interference with sewers, waterworks and the like prohibited.

No person shall turn, remove, raise or in any manner tamper with any cover of any manhole, filter, bed or other appurtenance of any public sewer without a written permit from the proper authorities of such works and no person except those engaged by the proper authorities shall enter any public sewer without a special written permit.
And no person shall, either within or without any city or town, obstruct, damage or injure any pipe, ditch, drain, filter, beds or appurtenance of any waterworks, sewerage or drainage of any such city or town.
Every person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, be subject to a fine not to exceed one hundred dollars or imprisonment for thirty days.
HISTORY: 1962 Code Section 59-152; 1952 Code Section 59-152; 1942 Code Section 1204; 1932 Code Section 1204; Cr. C. '22 Section 92; Cr. C. '12 Section 253; Cr. C. '02 Section 194; 1900 (23) 446.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-30. Investment of proceeds of sale of public utilities; sinking funds for outstanding bonds.

Whenever any city or town in this State had prior to February 7 1927 issued bonds for the acquisition, by construction, purchase or otherwise, of any waterworks, lighting plant or other public utility and sells such utility prior to the maturity of such bonds, the governing body of such city or town may invest an amount of the proceeds of sale of such utility equal to the amount of outstanding bonds in duly secured notes of the purchaser of such utility or otherwise, as the governing body may determine. Upon any such investment being made, such governing body may, by resolution, set apart such investment as a sinking fund for the retirement of such outstanding bonds and when such investment is so made and set apart any other sinking funds on hand for the retirement of such bonds shall become freed of their character as sinking funds and may be lawfully diverted to any other legal municipal purpose; and no further annual tax levy for the repayment of such bonds shall be necessary.
HISTORY: 1962 Code Section 59-153; 1952 Code Section 59-153; 1942 Code Section 7279; 1932 Code Section 7279; 1927 (35) 42.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-40. Powers under certain sections cumulative.

The powers conferred by Sections 5-31-210 to 5-31-270, 5-31-430, 5-31-610 to 5-31-640, and 5-31-660 upon the cities and towns of the State are, and shall be taken, deemed and construed to be, in addition to the powers now enjoyed by such cities and towns.
HISTORY: 1962 Code Section 59-158; 1952 Code Section 59-158; 1942 Code Section 7294; 1932 Code Section 7294; Civ. C. '22 Section 4443; Civ. C. '12 Section 3020; Civ. C. '02 Section 2013; 1897 (22) 507.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-50. Exclusive municipal franchises for furnishing water or waste disposal service.

All cities and towns of this State may grant to persons the exclusive franchise of furnishing water or waste disposal service to such cities and towns and the inhabitants thereof for a period not exceeding forty years. No such franchise shall be valid unless it shall first receive the vote of two thirds of the governing body of the city or town granting it and be subsequently confirmed by a vote of a majority of the qualified electors of such city or town, voting at an election to be called specially for the purpose. Any ordinance or resolution granting such a franchise shall prescribe a method for determining rates for furnishing water, both for public and private consumption, and for waste disposal service, and make provision for periodic renewal of such franchises. No such franchise shall exceed a period of forty years from the initial delivery of water or the commencement of waste disposal services or affect any existing contractual rights.
HISTORY: 1962 Code Section 58-151; 1952 Code Section 58-151; 1942 Code Section 7269; 1932 Code Section 7269; Civ. C. '22 Section 4424; Civ. C. '12 Section 3014; 1902 (23) 1039; 1968 (55) 2593.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-215. Ex officio commissioners of public works in certain cities.

In a city with a population of more than thirty thousand persons and fewer than fifty thousand persons, according to the most recent official United States Census, in addition to the commissioners of public works to be elected as provided in Section 5-31-210, the mayor and the chairman of the committee on water supply, if there be such a committee, shall be ex officio commissioners of public works, if requested by a resolution approved by seventy-five percent or more of the commissioners of public works and authorized by an ordinance approved by seventy-five percent or more of the members of the municipal council of the municipality. The board of commissioners of public works in any such city shall fill any vacancy occurring in the commission by appointment for the unexpired term, appointment to be made by the remaining commissioners, except in the case of an ex officio member of the commission.
HISTORY: 1995 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-220. Special provisions for cities over 50,000.

In cities of fifty thousand inhabitants or more, in addition to the three commissioners of public works to be elected as provided in Section 5-31-210, the mayor and the chairman of the committee on water supply, if there be such a committee, shall be ex officio commissioners of public works. In such cities such commissioners of public works shall serve without compensation. The board of commissioners of public works in any such city shall fill any vacancy occurring in the commission by appointment for the unexpired term, appointment to be made by the remaining commissioners, except in the case of an ex officio member of the commission.
HISTORY: 1962 Code Section 59-172; 1952 Code Section 59-172; 1942 Code Section 7281; 1932 Code Section 7281; Civ. C. '22 Section 4431; Civ. C. '12 Section 3016; Civ. C. '02 Section 2009; 1896 (22) 83; 1899 (23) 50; 1900 (23) 383; 1904 (24) 403; 1907 (25) 625; 1913 (28) 48; 1915 (29) 61; 1916 (29) 826, 946; 1917 (30) 60; 1918 (30) 715, 770; 1920 (31) 716, 986; 1921 (32) 39, 196, 248; 1922 (32) 781, 789, 794, 834, 986; 1923 (33) 158, 162; 1924 (33) 1062; 1925 (34) 7, 246, 265; 1926 (34) 918, 977; 1927 (35) 119, 171, 210; 1928 (35) 1143; 1929 (36) 40, 45, 49; 1930 (36) 1248, 1403; 1931 (37) 126, 196, 302; 1932 (37) 1408; 1933 (38) 466; 1934 (38) 1473; 1936 (39) 1480; 1940 (41) 1815.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-235. Abolition of commissions of public works.

(A) If the commissioners of public works unanimously, by resolution, petition the municipal council to abolish the commission, the municipal council may, after a public hearing, adopt an ordinance abolishing the commission of public works.
(B) The municipal council of any municipality shall, upon receiving a petition signed by thirty percent of the registered voters of the qualified voters of the municipality, call for a binding referendum to determine whether or not the Commission of Public Works must be abolished. The referendum must be held in accordance with the general election laws of this State. The question on the ballot must be as follows: "Shall the Commission of Public Works of the municipality of (name of the appropriate municipality) be abolished?"
Yes []
No []
(C) If a majority of the voters who vote in that referendum determines that the Commission of Public Works be abolished, then the municipal council shall adopt an ordinance abolishing the Commission of Public Works and the municipality shall assume all the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works. The Commission of Public Works shall cease to exist as of the date of the final passage of the ordinance abolishing it, and the municipality shall assume the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works at the same instant. The referendum provided for in subsection (B), whether successful or unsuccessful, may not be conducted more often than every thirty-six months.
(D) As an alternative to the procedure provided in subsections (B) and (C), a commission of public works may be abolished by an affirmative vote of a majority of the members of the commission transferring the rights, duties, responsibilities, assets, and liabilities of the former commission to a municipality. The transfer is effective when the municipality adopts an ordinance accepting the transfer.
(E) The provisions of subsections (B), (C), and (D) of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities.
HISTORY: 1984 Act No. 376; 1993 Act No. 145, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-240. Qualification; organization; officers; vacancies.

The mayor of the city or the mayor or intendant of the town shall notify the persons so elected as members of the commissioners of public works of their election, within ten days after the results of such election are declared. The persons elected or appointed to such office shall qualify by taking the same oath as the elected officers of the municipality take. At the first meeting of the commissioners after the election, and after any election for a full term, they shall organize by the election of one of their number as chairman. The clerk or recorder of the municipality shall act as secretary of the commissioners. The mayor and aldermen or council of the city or the mayor or intendant and the council or wardens of a town shall fill any vacancy occurring in the commission by appointment for the unexpired term.
HISTORY: 1962 Code Section 59-175; 1952 Code Section 59-175; 1942 Code Section 7281; 1932 Code Section 7281; Civ. C. '22 Section 4431; Civ. C. '12 Section 3016; Civ. C. '02 Section 2009; 1896 (22) 83; 1899 (23) 50; 1900 (23) 383; 1904 (24) 403; 1907 (25) 625; 1913 (28) 48; 1915 (29) 61; 1916 (29) 826, 946; 1917 (30) 60; 1918 (30) 715, 770; 1920 (31) 716, 986; 1921 (32) 39, 196, 248; 1922 (32) 781, 789, 794, 834, 986; 1923 (33) 158, 162; 1924 (33) 1062; 1925 (34) 7, 246, 265; 1926 (34) 918, 977; 1927 (35) 119, 171, 210; 1928 (35) 1143; 1929 (36) 40, 45, 49; 1930 (36) 1248, 1403; 1931 (37) 126, 196, 302; 1932 (37) 1408; 1933 (38) 466; 1934 (38) 1473; 1936 (39) 1480; 1940 (41) 1815.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-250. Powers.

The board of commissioners of public works of any city or town may purchase, build or contract for building any waterworks or electric light plant authorized under Article 7 of this chapter and may operate them and shall have full control and management of them. It may supply and furnish water to citizens of the city or town and also electric, gas or other light and may require payment of such rates, tolls and charges as it may establish for the use of water and light.
HISTORY: 1962 Code Section 59-179; 1952 Code Section 59-179; 1942 Code Section 7283; 1932 Code Section 7283; Civ. C. '22 Section 4432; Civ. C. '12 Section 3017; Civ. C. '02 Section 2010; 1896 (22) 85; 1901 (23) 725; 1915 (29) 53; 1924 (33) 1161; 1929 (36) 84; 1932 (37) 1409; 1933 (38) 277; 1955 (49) 311; 1957 (50) 218; 1960 (51) 1987.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-260. Incurring indebtedness.

No board of commissioners of public works may incur any indebtedness without the concurrence of the city or town council.
HISTORY: 1962 Code Section 59-181; 1952 Code Section 59-181; 1942 Code Section 7283; 1932 Code Section 7283; Civ. C. '22 Section 4432; Civ. C. '12 Section 3017; Civ. C. '02 Section 2010; 1896 (22) 85; 1901 (23) 725; 1915 (29) 53; 1924 (33) 1161; 1929 (36) 84; 1932 (37) 1409; 1933 (38) 277.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-270. Monthly financial report.

Each board of commissioners of public works shall make a full statement to the city or town council at the end of each month of its receipts and disbursements of all kinds during the preceding month.
HISTORY: 1962 Code Section 59-185; 1952 Code Section 59-185; 1942 Code Section 7283; 1932 Code Section 7283; Civ. C. '22 Section 4432; Civ. C. '12 Section 3017; Civ. C. '02 Section 2010; 1896 (22) 85; 1901 (23) 725; 1915 (29) 53; 1924 (33) 1161; 1929 (36) 84; 1932 (37) 1409; 1933 (38) 277.