South Carolina Administrative Code

19-445.2143. Contract clauses and administration. A. Contracts formed pursuant to the Consolidated Procurement Code are deemed to incorporate all applicable provisions thereof and the ensuing regulations. B. Prohibited Terms. Unless otherwise specifically provided by or authorize…

19-445.2145. Construction, Architect Engineer, Construction Management, and Land Surveying Services. A. Definitions (1) Designer, as used in these regulations, means a person who has been awarded, through the qualifications-based process set forth in Section 11-35-3220, a contrac…

19-445.2150. Surplus Property Management. (Statutory Authority: 1976 Code § 11-35-3810) A. Definition, Authority and Mission. (1) Definition. Surplus property is all State-owned supplies and equipment, not in actual public use, with remaining useful life and available for disposa…

19-445.2152. Leases, Lease/Payment, Installment Purchase, and Rental of Personal Property. A. Justification. A governmental body proposing to enter into an agreement other than an outright purchase is responsible for the justification of such action. Lease, lease/purchase, instal…

19-445.2155. Intergovernmental Relations. A. Selective Mandatory Opting. As provided in the solicitation, local political subdivisions such as counties, municipalities, school districts, public service or special purpose districts and the Federal Government may purchase from or t…

19-445.2160. Assistance to Minority Businesses. A. Definitions (1) ‘‘Minority Person’’ means a United States citizen who is economically and socially disadvan- taged. (2) ‘‘Socially disadvantaged individuals’’ means those individuals who have been subject to racial or ethnic prej…

19-445.2165. Gifts. A. Policy It is the policy of the State that a governmental body should not accept or solicit a gift, directly or indirectly, from a donor if the governmental body has reason to believe the donor has or is seeking to obtain contractual or other business or fin…

19-445.2180. Assignment, Novation, and Change of Name. A. ‘‘Novation agreement’’ is a contractual amendment by which the State recognizes a successor in interest to a State contract as provided in this regulation. The successor in interest assumes all the obligations under the co…

19-445.2200. Administrative Review Protective Orders. A. At the request of any party or on its own initiative, the appropriate chief procurement officer or the Procurement Review Panel may issue a protective order controlling the treatment of protected information for purposes of…

19-445.3000. School District Procurement Codes; Model. A. Application. Under Section 11-35-5340, a school district is exempt from the South Carolina Consolidated Procurement Code (except for a procurement audit) if the district has its own procurement code which is, in the writte…

19-446. Representation in Proceedings. (Statutory Authority: 1976 Code § 11-35-540) Persons not licensed to practice law in South Carolina, including laypersons, Certified Public Accountants, attorneys licensed in other jurisdictions, persons possessing Limited Certificates of Ad…

19-447.1000. Leasing of Real Property. A. LEASE OF NON STATE-OWNED REAL PROPERTY No governmental body shall contract for the lease, rental, or use of non state-owned real property without approval of the Office of General Services, except as specified in subsection C. Requests sh…

19-450. PERMITS FOR CONSTRUCTION IN NAVIGABLE WATERS. (Statutory Authority: 1976 Code § 48-6-10 et seq., 49-1-10, and 2023 Act No. 60, effective July 1, 2024.)

19-450.1. Scope of Duties. A. Scope. Unless expressly exempted, a permit issued by the Department of Environmental Services is required for any dredging, filling or construction or alteration activity in, on, or over a navigable water, or in, or on the bed under navigable waters,…

19-450.10. Appeal of the Notice of Proposed Decision. A. Persons Who May Appeal. Any person with legal standing to contest the decision of the Notice of Decision to grant or deny a permit under this regulation may appeal that decision in accordance with S.C. Code of Laws Section …

19-450.11. Final Decision of the Department and Judicial Review. Department review and any subsequent judicial review of the order of the Administrative Law Judge shall be allowed according to law and applicable procedures, rules and regulations. HISTORY: Added by State Register …

19-450.12. Unpermitted Activity; Review of Previously Permitted Activity. A. Any activity undertaken after the commencement of the Construction in Navigable Waters permitting program under regulation 19-450 promulgated on December 31, 1976 for which a permit is required but was n…

19-450.13. Amendments to Permits or Applications for Permits. A person who has been issued a permit by the Department may petition for an amendment to the permit. If the amendment reduces the size of the permitted structure, or the permitted activity, and results in less intrusiv…

19-450.14. Minor Projects. The Department may expedite the processing of an application for permits for projects under this regulation, including reducing the time for public or agency comment, if the projects by their nature, size, location or use have a negligible impact on nav…

19-450.15. General or Block Permits. The Department, using the procedures under this regulation, may issue general or block permits to an agency, political subdivision or public service corporation for certain clearly described categories of work or substantially similar structur…

19-450.16. Saving Clause. If any provision of these regulations is adjudged invalid or unconstitutional, the remainder, and the application of their provisions to other persons shall not be affected thereby. HISTORY: Added by State Register Volume 10, Issue No. 6, eff June 27, 19…

19-450.2. Definitions. A. Department means the South Carolina Department of Environmental Services. B. Navigable waters means those waters which are now navigable, or have been navigable at any time, or are capable of being rendered navigable by the removal of accidental obstruct…

19-450.3. Exemptions. A. No permit is required by the Department for any activity or construction on private highlands above the mean high water line or ordinary high water mark which does not affect directly and significantly any navigable water or water or land subject to a pub…

19-450.4. Permit Conditions. A. Any permit issued pursuant to these regulations is subject to the following conditions as well as any specifically mentioned in the individual permit. 1. The authorization for activities or structures granted by the permit shall constitute a revoca…

19-450.5. Application Procedure to Obtain Permit. A. Preliminary Interagency Meeting. The Department may convene at any time a meeting of commenting agencies and the applicant to provide assistance to the applicant, to explain the statutory requirements and areas of agency concer…

19-450.6. Review of Permit Application and Comment by State Agencies. A. Review by Agencies 1. State agencies commenting on permit applications are collectively responsible for providing to the Department a total assessment of the impact of any proposed work affecting navigable w…

19-450.7. Procedure if Agency Objects to Activity Requiring State Permit. A. Conciliation of Agency Objections 1. Within thirty (30) days of notification of a permit application, or any extension thereof, an agency objecting to or intending to object to a projected activity shall…

19-450.8. Comments by Public on Permit Application. A. Comments From Interested Persons. Any person who may be affected by the grant or denial of the permit, or the conditions under which a permit may be granted, may submit, in writing, comments or objections to the proposed acti…

19-450.9. Review of Comments and Action by the Department. A. Review by the Department. The Department is responsible for assessing the total impact of the projected activity on the navigable waters and lands subject to the jurisdiction of this regulation, as well as the impact o…

19-470. SOUTH CAROLINA BUILDING CODES COUNCIL REGULATIONS.

19-470.1. Purpose. 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. It is further intended that these regulations establish a formal standard policy and s…

19-470.10. Energy Standards Appeal Procedure. (a) The Council shall review and decide appeals to the requirements of the energy standards when certain occupancy or construction conditions are proven to exist. (b) Appeals may be brought before Council by any person, persons or par…

19-470.11. Administration of Modular Act. The Council shall implement the provisions of the Modular Act and its accompanying regulations.

19-470.12. Building Codes Adopted. (a) A local government may adopt any combination of building codes, in accordance with the Building Codes Act, for use within its respective jurisdiction. If a local government does elect to adopt building codes however, they must be only those …

19-470.13. Injunctive Relief. (a) In the event of a proposed or actual violation of the prescribed building codes or these regulations, injunctive relief shall be as provided by the Building Codes Act. (b) In the event of a proposed or actual violation of the Modular Act or its r…

19-470.14. Penalties. (a) Any person violating the codes listed in the Building Codes Act or the regulations adopted pursuant to the provisions of the Building Codes Act, shall be subject to the penalties provided therein. (b) Any person violating any of the provisions of the Mod…

19-470.2. Definitions For the purpose of these regulations, the following words or terms are defined as meaning: (a) ‘‘Agency’’ means any division, department or section of state or federal government. (b) ‘‘Amendment(s)’’ means the changing of any word, number, date, section or …

19-470.3. Powers Duties, and Responsibilities of Council. (a) The Council shall clarify the various aspects and provision of the Building Codes Act, the Modular Act and their corresponding regulations, as may be necessary to carry out their intended purposes. (b) The Council shal…

19-470.4. Duties and Responsibilities of Division. (a) The Division 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, correspon-…

19-470.5. Council Officers. (a) The Council shall elect from its appointed members, a chairman, a vice-chairman and a secretary. (b) Election of officers shall occur during the first meeting of each calendar year. All elected officers shall assume office upon adjournment of the m…

19-470.6. Council Meetings. (a) The Council shall meet regularly on a monthly basis. Regularly scheduled meetings may be cancelled by the chairman by giving written notice to all remaining members. In addition to the regularly scheduled meetings, the chairman may call special mee…

19-470.7. Building Codes Amendment Procedure. (a) The Council shall review and grant variations or modifications to any of the building codes adopted by a local jurisdiction, when it determines that the changes are required to meet local needs due to physical or climatological co…

19-470.8. Qualifications for Building Codes Amendments. A local jurisdiction may qualify for a variation or modification to any of the building codes, by establishing that the basis for the requested amendment is either physical or climatological in nature. (a) To qualify by phys…

19-470.9. Energy Standards Variation Procedure. (a) The Council shall review and grant variations to the Energy Standards, when it determines that conditions requiring special or different building standards exist within any local jurisdiction. (b) Requests for variations to the …

19-501. Eligibility Requirements for Rural Improvement Funds. 1. Any project to be funded from Rural Improvement monies must be located in an area which has a population of less than 50,000 individuals. 2. The State, and political subdivision of the State, or any local entity as …

19-502. Method of Application. An application for Rural Improvement funds must be submitted in writing on forms prescribed by the Division of Local Government of the Budget and Control Board.

19-503. Monitoring Process. Successful applicants must agree to provide and/or make available to the Budget and Control Board or its agents such books, records or accounting information as may be necessary for the performance of an audit of any and all aspects of the project for …