S.C. Code Regs. 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 conditions. For the purpose of this section, the words "Physical" and "Climatological" shall have only the meanings as defined in these regulations.

(b) Requests for building codes variations or modifications may only be considered when submitted to Council by an elected representative or authorized employee of the local jurisdiction proposing the changes.

(c) All requests for variations or modifications shall be submitted on a form approved by Council and must be accompanied with sufficient test information, studies, data or other documentation to fully explain and justify the issues to be considered. The submittal should include a list of the persons wishing to testify and their titles and affiliations. Each variation or modification shall be submitted on a separate form. Information submitted shall be legible and each form must contain the following:

(1) Name, address, phone number and title of the person making the request;

(2) Name of jurisdiction for which the variation or modification is being submitted;

(3) The full wording (either added or deleted) of the proposed variation or modification and the code(s) section(s) affected;

(4) The physical or climatological basis for the request and the reason that the suggested change would correct the condition.

(d) Variations and modifications granted to any specific edition of a building code shall not carry over into any later editions of the same document. If a local jurisdiction desires to apply variations or modifications of any edition of a building code to any later or subsequent edition of the same document, a new request before Council shall be submitted.

(e) Variations and modifications granted to any local jurisdiction shall apply only to site constructed buildings. Structures approved and constructed in compliance with the Modular Act shall not be affected by any local building codes variations and modifications. All properly labeled modular buildings shall be accepted by the local enforcement agency as being in full compliance with all of its adopted building codes.

(f) A local jurisdiction shall not propose a variation or modification which will amend, suspend, eliminate or supersede an existing statute, policy, rule or regulation of any state or federal agency.

(g) Proposed variations and modifications of building codes shall not take effect in any jurisdiction until after they have first been reviewed and approved by the Building Codes Council.

Notes

S.C. Code Regs. 19-470.7