reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 1 - REGISTRATION, FEES AND DISCIPLINARY PROCEDURE › Section 8-175 - Investigations and Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
Investigation of a complaint alleging a violation of Section
				40-1-110 or S.C. Code Reg. 8-170
				shall be conducted in accordance with Section
				40-1-80.
Any hearing that is conducted as a result of an investigation
				must be conducted in accordance with Section
				40-1-90.
After a hearing and a determination by the Council that one or
				more of the grounds for discipline exist, the Council may impose sanctions in
				accordance with Section
				40-1-120.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 1 - REGISTRATION, FEES AND DISCIPLINARY PROCEDURE › Section 8-180 - Appeal From Action of Council

Current through Register Vol. 48, No. 6, June 28, 2024
Any person aggrieved by a final action of Council may appeal to
				the Administrative Law Court in accordance with Section
				40-1-160.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-210.1 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
These regulations are intended to establish procedures for the
				operation of the South Carolina Building Codes Council and the application and
				administration of its authority under the Building Codes Act, the Modular Act
				and the Accessibility Act. It is further intended that these regulations
				establish a formal standard policy and specific criteria on which the Council
				will base its approval or disapproval of proposed modifications to building
				codes. It is also intended that these regulations establish a formal standard
				policy and specific criteria on which the Council will base its approval or
				disapproval of proposed modifications to or variations from the required state
				energy standards.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-220 - Powers, Duties, and Responsibilities of Council

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Council shall clarify the various
			 aspects and provision of the Building Codes Act, the Modular Act, the
			 Accessibility Act and their corresponding regulations, as may be necessary to
			 carry out their intended purposes.
(B) The Council shall review requests by
			 local jurisdictions and professional associations, for modifications to the
			 adopted building codes, as authorized by the Building Codes Act.
(C) The Council shall review requests by
			 local enforcement agencies, for variations from the Energy Standards.
(D) The Council shall produce records of all
			 its transactions and minutes of all its meetings, hearings and
			 proceedings.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-225 - Duties and Responsibilities of Department

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Department shall provide the
			 personnel to serve as staff for the Council. Such staff shall have the duty and
			 responsibility to:
(1) Maintain an accurate
			 and complete record of all meetings, hearings, proceedings, correspondence and
			 technical work performed by and for Council;
(2) Make all records and documents of Council
			 available for public inspection any time during normal working hours;
(3) Prepare and provide all information,
			 documents and exhibits necessary for the Council agendas and meetings;
			 and,
(4) Perform such other related
			 tasks as may, from time to time, arise.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-230 - Council Officers

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Council
			 shall elect from its appointed members, a chairman and a
			 vice-chairman.
(B) Election of
			 officers shall occur during the first meeting of each calendar year. Elected
			 officers shall assume office upon adjournment of the meeting at which the
			 election occurs.
(C) The duties of
			 each officer shall be as follows:
(1) Chairman
			 - Preside over all meetings of the Council, call special meetings as the need
			 may arise, authenticate by signature all licenses, resolutions, documents and
			 other instruments of Council and perform such other duties as may fall within
			 the jurisdiction of the office.
(2)
			 Vice-chairman - Function as chairman in the absence of the chairman and perform
			 such other duties as may fall within the jurisdiction of the office.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-235 - Council Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Council
			 must meet at least one time per year or at the call of the chairman. In
			 addition, the Council must meet not less than one time per building code cycle
			 for the purpose of reviewing modifications requested for the adopted building
			 codes.
(B) All agenda items and
			 supporting documentation shall be submitted to the Council staff not later than
			 14 calendar days prior to the meeting date. The agenda and meeting notice shall
			 be delivered to each Council member not later than seven calendar days prior to
			 the meeting date. The meeting notice shall contain the date, time and place the
			 meeting will be held.
(C) All
			 meetings shall be open to the public. Notices designating the date, time and
			 place of the meeting shall be posted at the offices of the Council, not later
			 than 24 hours before the meeting starting time.
(D) Minutes of every meeting of Council shall
			 be produced and distributed to each Council member. The minutes shall reflect
			 the names of all persons in attendance, each item and action taken and all
			 motions, seconds and votes made during the course of the meeting. All minutes
			 shall be approved by motion, second and vote at a meeting of Council before
			 they will be considered official. Only official minutes shall be made available
			 to the general public. A copy of all official minutes of Council meetings shall
			 be maintained in the offices of the Council and made available for public
			 inspection during all normal working hours.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-236 - Building Codes Adopted

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All
			 building codes used within the state shall be adopted by the Council and
			 enforced by local jurisdictions. The adoption process must follow the procedure
			 established in the Building Codes Act.
(B) Administration and enforcement of the
			 latest adopted edition of any building code must occur in all local
			 jurisdictions on the implementation date established by the Council. All new
			 construction, additions, renovations, repair or work of any kind, to any
			 system, in a building or structure, for which a completed building permit
			 application has been approved prior to the implementation date, will be allowed
			 to be completed and must be inspected under the building codes in effect at the
			 time the original building permit was issued.
(C) Local jurisdictions are prohibited from
			 writing or publishing any other building codes in part or in whole.
(D) The appendices included with all building
			 codes are not intended to be enforced unless specifically referenced in the
			 texts of the codes or specifically included by name and letter designation at
			 the time of adoption by Council.
(E) The provisions of the administration
			 chapters for all building codes that concern the qualification, removal,
			 dismissal, duties, responsibilities of, and the administrative procedures for
			 all building officials, deputy building officials, chief inspectors, other
			 inspectors, and assistants are not adopted by the Council. Council may adopt
			 general provisions of the administration chapters, as necessary, to provide
			 uniform application of the building codes throughout the state. Any general
			 administrative provisions adopted by Council must apply to all local
			 jurisdictions. In the absence of Council adoption, local jurisdictions may
			 adopt any or all sections of the administration chapters for all building
			 codes, or may establish administrative procedures for the operation of the
			 local enforcement agency by ordinance. In either instance, however, general
			 administrative provisions adopted by Council, if any, must apply.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-240 - Building Codes Modification Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
(A) At least every four (4) years, the
			 Council must adopt the latest edition of the nationally recognized codes as
			 identified in S.C. Code Ann. §
								6-9-50(A) with any
			 modifications approved by the Council in accordance with statute and these
			 regulations.
(B) At the outset of
			 every Building Code Cycle, the Council shall appoint a Study Committee to
			 review the latest editions of the nationally recognized codes as identified in
			 S.C. Code Ann. §
								6-9-50(A) and
			 identify any code changes and their potential impact on South Carolina if
			 adopted by the Council.
(C) During
			 each Building Code Cycle, the Council must file and publish in the State
			 Register a notice of intention to review the latest edition of the nationally
			 recognized codes and provide a 180-day comment period for local jurisdictions
			 and professional associations to submit proposed modifications to the
			 codes.
(D) All proposed
			 modifications must be submitted during the 180-day comment period in order to
			 be considered. The only exceptions are emergency or local modifications to the
			 Codes which may be considered by the Council at any time.
(E) During the 180-day comment period, the
			 Study Committee shall meet as needed to review any proposed modifications to
			 the codes and hear testimony from interested persons on the proposed
			 modifications.
(F) A request for a
			 proposed statewide modification:
(1) May be
			 accepted from (a) an official representative of the local jurisdiction
			 proposing the modification: or, (b) an official representative of the
			 professional association proposing the modification.
(2) Must include:
(a) A cover letter from the local
			 jurisdiction or professional association stating that the individual is
			 authorized to present the proposed amendment; and,
(b) Verification that the proposed amendment
			 has the support of at least a majority of the members of the board or council
			 governing the local jurisdiction or professional association proposing the
			 modification; and,
(c) A completed
			 Code Modification Form (provided by the Council); and,
(d) Sufficient test information, studies,
			 data or other documentation that would be necessary to fully explain and
			 justify the proposed amendment; and,
(e) A list of the persons with their titles
			 and affiliations, known at the time of submittal, who will provide testimony in
			 favor of the amendment.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-245 - Qualifications for Local Modifications to Building Codes

Current through Register Vol. 48, No. 6, June 28, 2024
(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.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-246 - Study Committee

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Upon
			 publication of the latest editions of the nationally-recognized codes as
			 identified in S.C. Code Ann. §
								6-9-50(A), the
			 Study Committee may take up to a year to perform a technical analysis of
			 changes to the building codes, including taking classes, at the expense of
			 Council, which address the new code changes.
(B) During the Building Code Cycle, the Study
			 Committee will also consider any proposed statewide modifications to the latest
			 addition of the nationally-recognized codes and report its findings and
			 recommendations to the Council.
(C)
			 The Committee will consist of seven core members and seven alternates,
			 appointed by the Council for the duration of the code cycle. Appointments of
			 the core members and alternates must occur during the first Council meeting of
			 the year coinciding with a new building code cycle. Core members and alternates
			 must be active within the specific segment of the industry that they are
			 representing on the Study Committee for the length of their tenure and must be
			 South Carolina residents. The core membership of the Study Committee must
			 consist of:
(1) A registered code enforcement
			 officer, building official, or multi-trades inspector;
(2) A state licensed home builder;
(3) A state licensed general
			 contractor;
(4) A state licensed
			 architect;
(5) A state licensed
			 engineer;
(6) A fire code official;
			 and
(7) A state licensed contractor
			 representing the mechanical trades.
An alternate acts in the place and on behalf of, the core
				member in the instance of an absence or recusal.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-248 - Study Committee Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Study
			 Committee must hold at least one public meeting per Building Code Cycle. All
			 Study Committee meetings shall be at the call of the chairman of the Council
			 and must be open to the public. All deliberations and actions taken by the
			 Study Committee must be done in public session. For the purpose of conducting
			 meetings and rendering recommendations, a quorum must be present.
(B) The date, time and place for all Study
			 Committee meetings must be made public in the same manner as required for the
			 Council meetings.
(C) Proposed
			 amendments with all supporting documentation must be submitted to the Council's
			 staff a minimum of ten working days prior to the meeting date. A meeting agenda
			 must be published a minimum of five working days prior to the meeting date,
			 after which time additions shall not be made to the agenda.
(D) The Study Committee must review all
			 proposed modifications and the pertinent supporting documentation and testimony
			 as necessary to reach a decision. If the Study Committee cannot reach a
			 decision based on the documentation and testimony provided, the proposed
			 modification may be carried over to a future meeting until a decision is
			 reached.
(E) A report of the Study
			 Committee, including a list of pros and cons for the proposed amendments, must
			 be submitted in writing to the Council with a recommendation for:
(1) Approval: or,
(2) Disapproval: or,
(3) Approval as revised.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 2 - ADMINISTRATION, PROPOSED MODIFICATIONS AND VARIATIONS, STATE ENERGY STANDARDS › Section 8-250 - Energy Standards Variation Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
			 The Council shall review and grant variations to the Energy Standard in
			 accordance with S.C. Code Section
			 6-10-40 for special local
			 conditions existing within a local jurisdiction.
(B) Requests for variations to the Energy
			 Standard may only be considered when submitted to Council by the local
			 enforcement agency proposing the changes and, if approved, are valid only
			 within the requesting jurisdiction.
(C) All requests for variations must be
			 accompanied by sufficient test information, studies, data or other
			 documentation to fully explain and justify the requested variance. The
			 submittal should include a list of the persons wishing to testify and their
			 titles and affiliations. Each variation shall be submitted separately.
			 Information submitted shall be legible and contain the following:
(1) Name, address, phone number and title of
			 the person making the request;
(2)
			 Name of jurisdiction for which the variation is being submitted;
(3) The full wording for the proposed
			 variation;
(4) The basis or reason
			 for the request;
(5) The effect of
			 the proposed variation on energy conservation and the use of any particular
			 technologies, techniques or materials;
(6) Whether the proposed variation will
			 increase the cost of construction or operation of buildings in the
			 jurisdiction; and
(7) Why the
			 proposed variation is necessary to protect the public health, safety and
			 welfare with the jurisdiction.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-601 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The provisions
			 of these regulations are adopted in implementation of the South Carolina
			 Modular Buildings Construction Act of 1984, Chapter 43 of Title 23 of the South
			 Carolina Code of Laws, 1976 as amended, and are intended to provide uniform
			 standards for modular construction, while preserving and recognizing local
			 governmental responsibility in regard to utilization of modular buildings
			 within a community.
(2) Regulations
			 provided herein are applicable to all modular buildings which are manufactured
			 for and subsequently erected within the State of South Carolina, and all
			 modular buildings manufactured in South Carolina erected in other states under
			 reciprocal agreements. These regulations apply to all buildings erected in the
			 State of South Carolina.
(3) The
			 definition of modular building does not include mobile or manufactured homes,
			 as defined by the U.S. Department of Housing and Urban Development, which is
			 any residential unit constructed to the Federal Mobile Home Construction and
			 Safety Standards, 42 USC
			 Sections 5401 and 24 CFR 3282 and
			 3283.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-603 - Council Duties and Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
			 The Council shall require filing and final approval of all quality control
			 manuals, system, and model design plans changes as they occur.
(2) Plans, manuals, and related documents
			 will be accepted only after approval of and submittal by an approved inspection
			 agency, but are subject to review as deemed necessary by the Council.
(3) Any person may request field technical
			 services provided such requests are submitted to the Council in writing and are
			 subject to the fee schedule in these regulations.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-604 - Adoption of Model Codes

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The
			 design and fabrication of modular buildings shall comply with the requirements
			 of the building codes as listed in Chapter 9, Title 6, of the South Carolina
			 Code of Laws, 1976 as amended.
(2)
			 Energy code. The design and installation of thermal performance standards for
			 all modular buildings shall comply with the requirements of the most recent
			 edition of the International Energy Conservation Code as adopted under Title 6
			 Chapter 10 of the South Carolina Code of Laws, 1976 as amended.
(3) Building official. Where reference is
			 made, in any building code, to the building, plumbing, gas or mechanical
			 official, administrative authority, enforcement official or any such
			 authoritative person, it shall mean the Council Administrator.
(4) All service connections and foundations
			 installed at the building site shall be regulated by the local building
			 official.
(5) Barrier Free Design.
			 The design and erection of modular buildings for the purpose of public use must
			 be in compliance with the Barrier Free Design Standard, Code of Laws of South
			 Carolina, 1976 as amended, Sections
			 10-5-210 through
			 10-5-250, and adopted
			 regulations.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-605 - Enforcement Authority

Current through Register Vol. 48, No. 6, June 28, 2024
(1) It is
			 the intent of the Act and these regulations, that those areas of authority
			 rightfully belonging to the local government are specifically and entirely
			 reserved thereto. Such areas are land use, zoning, fire zones, site development
			 and subdivision control, as well as the review and regulation of architectural
			 and aesthetic requirements. Such requirements and regulations not in conflict
			 with the provisions of the Act or these regulations, which currently exist or
			 may be enacted, must be reasonable and uniformly applied and enforced without
			 distinction as to whether such building is modular or constructed on site in a
			 conventional manner. Local zoning ordinances shall not restrict location of, or
			 otherwise discriminate against modular buildings certified in accordance with
			 the Act and these regulations.
(2)
			 The local government shall furthermore be reserved the authority to:
(a) require a complete set of plans and
			 specifications as certified by the Council for each modular building erected
			 within its jurisdiction; and
(b)
			 require that all permits be obtained before erection of any unit on a building
			 site; and
(c) approve and inspect
			 foundation systems and all connections thereto; and
(d) approve and inspect all electrical,
			 plumbing, gas, or mechanical systems from the source of service to the point at
			 which they connect to the building.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-606 - Delegation of Inspection Authority: Approved Inspection Agency's Qualifications, Acceptance Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The
			 Council shall consider an organization for acceptance as an approved inspection
			 agency upon receipt of an application accompanied by a prospectus detailing its
			 capabilities to perform in that capacity.
(2) Each organization applying for approval
			 shall indicate in its application:
(a) its
			 qualifications to inspect equipment and systems; and
(b) that the organization is not controlled
			 by any manufacturer or supplier subject to the Council's jurisdiction;
			 and
(c) that it will make available
			 specific information as required by the Council; and
(d) that it retains a building construction
			 oriented South Carolina registered professional engineer or architect who shall
			 be responsible for compliance with these regulations; and
(e) its organizational structure;
			 and
(f) the education and
			 qualification of the employees to be doing the actual inspection and plan
			 review; and
(g) its agreement to
			 perform inspections at the frequency specified in these regulations;
			 and
(h) proof that all personnel
			 performing inspections are certified by a testing agency recognized by the
			 Council.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-608 - Quality Control Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The
			 manufacturer shall establish a written agreement with an inspection agency
			 approved by the Council, clearly stating the quality control procedures which
			 it shall institute in its manufacturing facilities. The quality control
			 procedures shall be documented in manual form, which the manufacturer shall
			 submit to the approved inspection agency for approval. The quality control
			 program outlines must comply with these regulations and be approved by the
			 Council.
(2) The quality control
			 manual shall include quality control procedures for the modular building
			 manufacturing process such as, construction sequence; compliance of basic
			 materials with specifications; frequency of inspection; administrative
			 procedures and samples of quality control forms to be used; and, system
			 description for retention of quality control records.
(3) The manufacturer shall designate an
			 employee to be responsible for the quality control program in its plant and to
			 maintain records to substantiate that each modular unit has been inspected in
			 accordance with the approved plans and specifications.
(4) All modular buildings or components shall
			 be manufactured in accordance with the building codes adopted in these
			 regulations and the quality control procedures established by the manufacturer
			 and accepted by the approved inspection agency and the Council.
(5) The Council may perform a minimum of one
			 (1) annual audit, at the address of record, for a licensed manufacturing
			 facility and approved inspection agency, with or without notice.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-609 - Change in Status, Alterations

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
			 Changes to approved plans.
(a) If the
			 manufacturer proposes to change any portion of its system or model designs, or
			 if the Council regulations are amended to necessitate such change, it shall be
			 required to submit to the Council, through its approved inspection agency; one
			 electronic copy of detailed, supplemental plans. Plans shall be accompanied by
			 a transmittal of supplementary plan application form, obtainable from the
			 Council and the appropriate plan filing fee.
(b) A model name or designation may be
			 changed or added prior to the expiration date by filing an amended
			 application.
(c) If the
			 manufacturer proposes changes in the quality control manual or procedures, one
			 electronic copy of the changes shall be submitted to the Council through the
			 approved inspection agency.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-610 - Alternate Methods and Materials

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The provision of these regulations are
			 not intended to prevent the use of any material, appliance, device, system
			 arrangement, or method of construction not specifically prescribed in accepted
			 model codes, provided any such alternate has been approved by the
			 Council.
(2) The Council may
			 approve alternates if it finds that the proposed design is satisfactory and
			 that the material, appliance, device arrangement, method, system, or work
			 offered is at least the equivalent in performance, quality, strength,
			 effectiveness, fire resistance, durability, and safety.
(3) Listed or labeled equipment and systems
			 may be disapproved by the Council, if it determines that they are not adequate
			 to serve their intended purposes.
(4) All material submitted by the
			 manufacturer to the Council in the form of plans, engineering data, test
			 results quality control manual etc., will be considered as proprietary
			 information of the applicant.
(5)
			 Requests for alternate methods and materials may be made by a licensed
			 manufacturer and shall be submitted to the Council in writing. Requests by the
			 manufacturer must be reviewed and approved by its approved inspection agency
			 prior to submission, as evidenced by the approved inspection agency's seal
			 affixed to the request.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-611 - Approved Inspection Agency: Inspection

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Inplant inspections. The approved
			 inspection agency shall conduct announced and unannounced inspections at the
			 manufacturing site to review any or all aspects of manufacturer's production
			 and quality control procedures. The approved inspection agency shall make a
			 complete inspection of at least one (1) unit through all phases of manufacture
			 to assure that the manufacture has the capabilities to produce units in
			 compliance with their approved design and/or the appropriate codes. Thereafter,
			 inspection of every system of every building or component shall be made at
			 least at one (1) point during the manufacturing process.
(2) Individual unit inspections. The quality
			 control procedure set forth in these regulations may be waived by the Council
			 at the manufacturer's request. Waiver of the quality control procedure,
			 however, shall require the manufacturer to have all systems of each unit he it
			 produces individually inspected.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-612 - Reciprocity

Current through Register Vol. 48, No. 6, June 28, 2024
(1) A modular
			 building sold or erected in South Carolina, which has been inspected under a
			 reciprocal agreement with another state, shall bear the certification label of
			 South Carolina, and the certification label of the inspecting state or a common
			 label approved by Council.
(2) The
			 Council reserves the right to determine compliance of all units to be sold or
			 erected in South Carolina which have been inspected under reciprocal agreement
			 with another state.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-613 - Multiple Site Manufacturing

Current through Register Vol. 48, No. 6, June 28, 2024
(1) If a
			 manufacturer plans to produce at more than one (1) location, required plan
			 approval may be obtained for all locations subject to submission of the
			 following:
(a) one (1) set of plan review
			 application forms for each location; and
(b) one electronic set of plans and
			 specifications, plus one (1) additional set for each location specifying the
			 location of manufacture; and
(c)
			 filing fees as designated in these regulations; and
(d) one (1) electronic quality control manual
			 for each location of manufacture.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-614 - Council Certification Label

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
			 Each modular building, section, or component containing any portion of a closed
			 system shall bear a certification label prior to leaving the manufacturing
			 plant unless otherwise authorized by the Council. Each certification label
			 shall be assigned and affixed to a specific unit in a visible location as
			 approved by the Council and whenever possible on the electrical distribution
			 panel cover.
(2) Certification
			 labels are not transferable and void when not affixed to the building, room or
			 component for which they are assigned. All voided certification labels shall be
			 returned to, or may be confiscated by the Council.
(3) The control of certification labels shall
			 remain with the Council and may be revoked by the Council in the event of
			 violation of the conditions of approval.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-615 - Certification Label Application and Issuance

Current through Register Vol. 48, No. 6, June 28, 2024
(1) A certification label request
			 application, along with the appropriate fee, shall be submitted by the
			 manufacturer to the Council. The application shall include the manufacturer's
			 model serial number of each unit for which a certification label is required.
			 Additionally, the manufacturer shall file with the Council a certification
			 label disposition report on a form approved by the Council at least monthly,
			 which indicates the model serial number, certification label number, and final
			 location of each modular unit.
(2)
			 For single-family modular dwellings, the licensed residential home builder or
			 general contractor performing the installation shall attest to and take
			 responsibility for: obtaining all required building permits, the installation
			 of the foundation, the connection of the unit to the foundation, the connection
			 of all modular sections to each other, the installation of all components
			 provided by the factory (unless noted otherwise on the plans approved and
			 sealed by the SC Building Codes Council), and the completion of all finish work
			 for the modular unit. This attestation must be on a form approved by the
			 Council and submitted to the Council as part of the certification label request
			 application.
(3) For display models
			 meeting the conditions of Section
			 23-43-85(D), the
			 licensed residential home builder or general contractor performing the
			 installation shall attest to and take responsibility for obtaining all required
			 building permits, the installation of a temporary foundation, the connection of
			 the unit to the temporary foundation, the connection of all modular sections to
			 each other, the installation of all components provided by the factory (unless
			 noted otherwise on the plans approved and sealed by the SC Building Codes
			 Council), and the completion of all work necessary to install the modular unit
			 as a display model safe for entry by members of the public. This attestation
			 must be on a form approved by the Council and submitted to the Council as part
			 of the certification label request application.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-617 - Removal of Certification Labels

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
			 In the event that a modular building or component bearing a certification label
			 is found to be in violation of the approved plans, the approved inspection
			 agency or the Council shall remove the certification label and furnish the
			 manufacturer with a written statement of all violations.
(2) Following correction of all violations,
			 the manufacturer shall request an inspection to be made by the approved
			 inspection agency or Council, before a replacement certification label may be
			 issued.
(3) In the event that a
			 certification label is removed from an approved modular building or component
			 after leaving the manufacturing site but before a certificate of occupancy is
			 issued by the authority having jurisdiction, the approved inspection agency
			 shall be required to perform an inspection at the erection site and provide
			 written verification to the Council that no changes were made to the portions
			 of closed construction. Upon submission to the Council of written verification
			 from the approved inspection agency, the manufacturer may request in writing a
			 duplicate label that shall be affixed at the erection site under the
			 supervision of the approved inspection agency.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-618 - Schedule of Fees

Current through Register Vol. 48, No. 6, June 28, 2024
The Council may charge fees as shown in South Carolina Code of
				Regulations Chapter 10-7. All application and filing fees are payable at the
				time of submittal and are nonrefundable.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-619 - Appeal Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Any
			 person or organization aggrieved by the application of these regulations may
			 initiate an appeal by writing to the Council within thirty (30) days following
			 the date of action upon which the appeal is based. The request shall contain:
(a) the name and address of appellant;
			 and
(b) the names and addresses of
			 all other persons involved; and
(c)
			 a summary of the action from which the appeal is taken; and
(d) the grounds of disagreement with the
			 action from which the appeal is taken; and
(e) a statement that the appellant desires a
			 hearing or decision based on written arguments and documents submitted;
			 and
(f) the signature of the
			 appellant or responsible officer if the appellant is an organization;
			 and
(g) additional documents as the
			 appellant may consider pertinent.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-620 - License Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Every manufacturer that produces modular
			 buildings to be erected in South Carolina, must be licensed in accordance with
			 the Act and these regulations. The application for a modular building
			 manufacturer's license shall include, but not be limited to the following:
(a) the name of the business; and
(b) the address or location of the business;
			 and
(c) the state in which the
			 manufacturer is incorporated; and
(d) a statement of the business history of
			 each owner, partner, or officer of the manufacturing firm or corporation, for
			 the past seven (7) years.
(e) a
			 certificate of existence or certificate of good standing from the South
			 Carolina Secretary of State ("SCSOS") for South Carolina manufacturers or a
			 certificate of authority from the SCSOS for out-of-state
			 manufacturers.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-621 - Sale of Modular Buildings

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
			 Only South Carolina licensed manufacturer's representatives or South Carolina
			 licensed homebuilders or South Carolina licensed general contractors in the
			 building classification within the group limitations of the license are
			 permitted to sell modular buildings or components to consumers on a retail
			 basis, provided that;
(a) if the modular
			 building is purchased by a residential builder operating as a firm, the firm
			 must meet the requirements of Sections
			 40-59-400 and
			 40-59-410, including, when
			 applicable, the requirement to hold a residential business certificate of
			 authorization issued by the Residential Builders Commission, or
(b) if the modular building is purchased by a
			 company operating as a licensed general contractor, the company must meet the
			 definition of an entity in Section
			 40-11-20 (7) and
			 have a designated primary qualifying party, as required under Section
			 40-11-230. The primary qualifying
			 party shall serve as the principal individual responsible for directing or
			 reviewing work performed by the licensee in a particular license classification
			 or subclassification; and
(c) the
			 general contractor or residential builder must sell the modular building
			 directly to the consumer and perform, and take responsibility for, erection of
			 the structure and all its related systems and site work or must contract to
			 have this work performed by a properly licensed general contractor or
			 residential builder. A sales contract is required and must identify the seller
			 and buyer by name.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-622 - License Issued

Current through Register Vol. 48, No. 6, June 28, 2024
(1) A license
			 shall be issued by the Council when it is determined that the information
			 contained on the application is in compliance with these regulations.
(2) Any change in the information presented
			 on the original application shall be submitted to the Council within twenty
			 (20) days.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-623 - Security Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
Before any license may be issued, a corporate surety bond or
				other security approved by the Council must be provided. The bond must
				designate the licensee as principal and be issued for the biennial period of
				the license.
Bonds shall be in the amount of seventy-five thousand dollars
				($75,000.00) for manufacturers and ten thousand dollars ($10,000.00) for
				manufacturer's representatives. All bonds shall be to the Council and in favor
				of any person who suffers loss as a result of any violation of the Act or these
				regulations. A new bond or proper continuation certificate shall be delivered
				to the Council at the beginning of each biennial license period. The aggregate
				liability of the bond or security in any one (1) year shall not exceed its
				total annual amount. No applicant shall be required to have more than one (1)
				bond.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-624 - Duties and Responsibilities of Council

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The Council shall keep minutes and
			 records of all its transactions, proceedings and meetings, and duly certified
			 copies thereof shall be sufficient to comply with the rules of
			 evidence.
(2) The Council shall
			 investigate on its own initiative or upon written complaint, allegations of
			 wrongful acts involving a manufacturer, or manufacturer's representative in
			 accordance with the provisions of Sections
			 40-1-80 and
			 40-1-90.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-625 - Denial, Revocation or Suspension of License

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the grounds provided for in Section
				40-1-110, the Council, upon a
				majority vote, may cancel, suspend, refuse, deny, revoke or restrict any
				license issued for any of the following reasons:
(a) providing false or inaccurate information
			 on any license application; or
(b)
			 willfully or intentionally failing to comply with any provision of the Act or
			 these regulations; or
(c) failing
			 to have an established place of business; or
(d) employment of fraudulent methods or
			 practices; or
(e) using unfair
			 methods of competition or deceptive acts or advertising; or
(f) failing to obtain a license before doing
			 business in South Carolina; or
(g)
			 failing to appear before the Council upon due notice or follow directives of
			 the Council or Department; or
(h)
			 failing to comply with adopted codes or standards in the manufacture, sale, or
			 delivery of modular buildings; or
(i) offering for sale unlicensed
			 manufacturer's products, either wholesale or retail; or
(j) selling a modular building or component,
			 for the purpose of resale, to an individual or entity other than a general
			 contractor or residential builder.
After a hearing and a determination by the Council that one or
				more of the grounds for discipline exist, the Council may impose sanctions in
				accordance with Section
				40-1-120.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-626 - Erection

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Modular
			 buildings shall be erected by South Carolina licensed general contractors or
			 residential home builders within the limitations of their license
			 classifications in accordance with the manufacturer's recommended erection
			 procedures and the building codes adopted in these regulations. Upon completion
			 of erection, modular buildings shall be considered equal to structures
			 constructed on site in a conventional manner.
The general contractor or residential builder must assume the
				same responsibilities and liabilities for the work which they perform, as if
				the buildings were constructed on-site. All manufacturers, general contractors
				and residential builders to the extent of their work, shall be subject to the
				provisions of Section
				15-3-630.
(2) All warranty periods offered by the
			 manufacturers of modular buildings, building systems, building components and
			 appliances will begin at the time the consumer takes possession of the
			 building.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 6 - MODULAR BUILDING CONSTRUCTION › Section 8-627 - Exemption

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Factory built
			 structures meeting all of the following criteria will be exempt from these
			 regulations. To be exempt the unit must:
(a)
			 be designed for continuous over-the-road travel; and
(b) have a maximum width of eight (8) feet in
			 its transportable mode; and
(c)
			 have a maximum length of fifty (50) feet; and
(d) have permanently mounted running lights;
			 and
(e) have a current license
			 plate; and
(f) have permanent
			 axle(s) and under carriage system; and
(g) have stabilizers and permanent front jack
			 stands; and
(h) have a permanent
			 fifth (5th) wheel connection; and
(i) have a permanent suspension system;
			 and
(j) provide an electrical cord
			 for temporary electrical service.