Building Codes Council

8-230. Council Officers. (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 …

8-235. Council Meetings. (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)…

8-236. Building Codes Adopted. (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 …

8-240. Building Codes Modification Procedure. (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 …

8-245. Qualifications for Local Modifications to Building Codes. (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 r…

8-246. Study Committee. (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…

8-247. Repealed. HISTORY: Former Regulation, titled Public Notice, had the following history: Added by State Register Volume 29, Issue No. 2, eff February 25, 2005. Repealed by SCSR 48-5 Doc. No. 5248, eff May 24, 2024.

8-248. Study Committee Meetings. (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 Stud…

8-250. Energy Standards Variation Procedure. (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…

8-255. Repealed. HISTORY: Former Regulation, titled Energy Standards Appeal Procedure, had the following history: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 29, Issue No. 2, eff February 25, 2005; State Register Vol…

8-260. Repealed. HISTORY: Former Regulation, titled Administration of Modular Act, had the following history: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 29, Issue No. 2, eff February 25, 2005. Repealed by SCSR 48-5 …

8-261. Repealed. HISTORY: Former Regulation, titled Administration of Accessibility Act, had the following history: Added by State Register Volume 29, Issue No. 2, eff February 25, 2005. Repealed by SCSR 48-5 Doc. No. 5248, eff May 24, 2024.

8-270. Repealed. HISTORY: Former Regulation, titled Injunctive Relief, had the following history: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 29, Issue No. 2, eff February 25, 2005. Repealed by SCSR 48-5 Doc. No. 524…

8-275. Repealed. HISTORY: Former Regulation, titled Penalties, had the following history: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 29, Issue No. 2, eff February 25, 2005. Repealed by SCSR 48-5 Doc. No. 5248, eff M…

8-600. The South Carolina Modular Buildings Construction Act. HISTORY: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Amended by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note This regulation replaces R. 19-460 through 19-460.27.

8-601. Purpose. (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 mo…

8-602. Definitions. For the purpose of these regulations, the following words shall have the meanings indicated: (1) ‘‘Act’’ means the South Carolina Modular Buildings Construction Act of 1984, Chapter 43 of Title 23 of the South Carolina Code of Laws, 1976 as amended. (2) ‘‘Appr…

8-603. Council Duties and Responsibilities. (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 submitta…

8-604. Adoption of Model Codes. (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 therm…

8-605. Enforcement Authority. (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 subdiv…

8-606. Delegation of Inspection Authority: Approved Inspection Agency’s Qualifications, Acceptance Requirements. (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…

8-607. Approved Inspection Agency Authority. (1) An approved inspection agency shall conduct inspections at the manufacturing plant to deter- mine compliance with the approved plans, the Act and these regulations. Violations of any of the provisions of these regulations or variat…

8-608. Quality Control Procedures. (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 s…

8-609. Change in Status, Alterations. (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…

8-610. Alternate Methods and Materials. (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 ha…

8-611. Approved Inspection Agency: Inspection. (1) Inplant inspections. The approved inspection agency shall conduct announced and unan- nounced inspections at the manufacturing site to review any or all aspects of manufacturer’s production and quality control procedures. The app…

8-612. Reciprocity. (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 appr…

8-613. Multiple Site Manufacturing. (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) o…

8-614. Council Certification Label. (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 a…

8-615. Certification Label Application and Issuance. (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…

8-616. Repealed. HISTORY: Former Regulation, titled Certification Label Denial, had the following history: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Amended by State Register Volume 37, Issue No. 5, eff May 24, 2013. Repealed by SCSR 48-5 Doc. No. 5248, e…

8-617. Removal of Certification Labels. (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 manufa…

8-618. Schedule of Fees. 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. HISTORY: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008…

8-619. Appeal Procedures. (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…

8-620. License Application Requirements. (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…

8-621. Sale of Modular Buildings. (1) Only South Carolina licensed manufacturer’s representatives or South Carolina licensed home- builders or South Carolina licensed general contractors in the building classification within the group limitations of the license are permitted to s…

8-622. License Issued. (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 C…

8-623. Security Requirement. 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 …

8-624. Duties and Responsibilities of Council. (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 ow…

8-625. Denial, Revocation or Suspension of License. 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 in…

8-626. Erection. (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 manufactur- er’s recommended erection procedures and the building cod…

8-627. Exemption. (1) Factory built structures meeting all of the following criteria will be exempt from these regula- tions. 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;…

8-628. Recertifying. (1) Modular buildings, originally constructed, certified and labeled in accordance with the act and these regulations, may be recertified and relabeled if all of the following conditions are met. (a) the original manufacturer must hold a current license issue…

8-629. License Renewal. (1) Licenses must be renewed biennially and shall be lapsed if not renewed prior to expiration of the preceding licensure period. (2) License renewal notices shall be sent to all individuals and entities licensed with the Council at the last known address …

8-630. Damaged Units or Components. The Council shall require that any modular building unit or component damaged between the point of manufacture and the site of initial installation shall be brought into compliance with the Act, these regulations and the accepted model codes, i…

8-700. South Carolina Barrier Free Building Design. HISTORY: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008, replaced the former 19-400. Editor’s Note This regulation replaces R. 19-400 through 19-400.3.

8-701. Authority. (A) With the exception of one and two family detached dwellings and other residential buildings to be offered for sale as individual dwelling units, every building or structure shall have all levels and areas made accessible to disabled persons in accordance wit…