S.C. Code Regs. 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 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.

(D) Variations 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 variation to the Energy Standards that may be granted to a local jurisdiction. All properly labeled modular buildings shall be accepted by the local enforcement agency as being in full compliance with the Energy Standards.

Notes

S.C. Code Regs. 8-250

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 Volume 48, Issue No. 05, eff. 5/24/2024.