By the latter part of the 19th Century widespread loss of life and property by fire led to the first set of building regulations in the United States.

In 1905 the first modern code laid the basis for testing methodology, specifications and the various formats today's codes use.  Its specific purpose was to reduce fire hazards, but it had a more general and humanitarian purpose:  To protect the public health, safety and welfare.

Recent fire deaths have led to substantial changes in the building and fire codes. For more on the history of fire related incidents includeing the Station Nightclub fire go to the link to the right.

SECTION 2

The International Code Council (ICC)

The International Code Council (ICC) was established in 1994 as a nonprofit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes. The founders of the ICC are Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Officials (ICBO), and Southern Building Code Congress International, Inc. (SBCCI). Since the early part of the last century, these nonprofit organizations developed the three separate sets of model codes used throughout the United States. Although regional code development has been effective and responsive to our country’s needs, the time came for a single set of codes. The nation’s three model code groups responded by creating the International Code Council and by developing codes without regional limitations .

SECTION 3

The Building Codes Council was originally created to oversee adoption of building codes by cities and counties in South Carolina and to assist in their use and interpretation when requested. The Council was charged with the responsibility to authorize amendments to building codes proposed by cities and counties throughout the state, before they could be adopted or enforced.

Through subsequent statutory amendments, the Council was granted additional duties and responsibilities to: 1) Hear appeals or requests for variances associated with the South Carolina Energy Efficiency Standards; 2) Administer and enforce the Modular Buildings Construction Act and its related program;3) Review and approve all editions of building codes before they can be adopted at the local level;4) Monitor the code adoption process at the local level; 5) Assist in arranging contracts for building inspection services between two or more local jurisdictions or between private entities and local jurisdictions; 6) Administer the Codes Enforcement Registration Program; 7) Hear all appeals or requests for variances associated with the Modular Building Program; and 8) Administer the provisions of the Barrier Free Design Act.

In July of 2003, Act 83, which constituted a complete rewrite of the Building Codes Council's Practice Act, was signed into law by Governor Sanford. The new statutory language shifted the responsibility of adoption and implementation of the mandatory building codes, from the local jurisdictions, to the Council. In addition, a mandatory, structured building code adoption and modification procedure was established

      In South Carolina , the  Building Codes  Council established the implementation date of the 2003 code series for local jurisdictions as January 1, 2005 for all codes, with the exception of the International Residential Code and the International Fuel Gas Code. The implementation date established for the International Residential and Fuel Gas Codes was July 1, 2005. All local jurisdictions must enforce the mandatory codes and may adopt and enforce the permissive codes at any time after the implementation of the mandatory codes.

      The 2006 ICC code series is scheduled for implementation in 2008. All of the mandatory codes are scheduled for implementation on July 1, 2008, and all the state modifications to those codes are scheduled for implementation on January 1, 2009.

       The 2002 National Electrical Code (NEC) published by NFPA is currently in effect . The  2005 NEC is scheduled for implementation on July 1, 2007 (and the single modification to the 2005 NEC scheduled for implementation on January 1, 2009).  Note; this modification will allow the smoke detectors in the bedrooms to not be placed on arc fault circuits.

      All construction projects, for which a completed electrical / building permit application is filed with the Building Inspection Department by the close of business on the last business day before the implementation date, may be constructed under the 2002 National Electrical Code.

    The 1998 ICC/ANSI A117.1, Accessible and Useable Buildings and Facilities, is adopted by the Accessibility Act and mandatory for use in all jurisdictions within the state

    The Building Energy Efficiency Standards Act is adopted by statute and mandatory for use in all jurisdictions within the state. This acts states , in part :

SECTION 6-10-30.

(d) Notwithstanding the provisions of subsection (a), in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) must be:

(1) R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;

(2) R-13 for exterior walls;

(3) R-19 for floors with crawl space;

(4) R-6, or the installed equivalent, for heating and air conditioning duct-work not located in conditioned space .

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The codes are to be used in conjunction with the latest code modifications authorized by the Council. Only the modifications listed on this website are valid for use in the state. Building code modifications that have not received prior approved by the Council are invalid and cannot be adopted, employed or enforced by local jurisdictions.

As permitted by Section 6-9-60 of the South Carolina Code of Laws, 1976 as amended, “permissive codes” may be used as needed by a local jurisdiction, but the codes must first be adopted by ordinance before enforcement can begin.

The adoption of the mandatory and permissive codes does not include the chapters, sections or provisions addressing administrative policies or procedures.

Appendixes to the mandatory and permissive codes may be used as needed by a local jurisdiction, but must first be adopted by ordinance before enforcement can begin.

NOTE - Although other standards for building accessibility exist, the 1998 Edition of the ICC/ANSI A117.1, Accessible and Useable Buildings and Facilities, is the only accessibility document required by state law to be enforced by the local building officials.

Additional accessibility laws that must be considered and the enforcement entities include the:

Americans With Disabilities Act (ADA), published and enforced by the US Department of Justice (DOJ).
Fair Housing Act Amendments of 1988, published and enforced by the US Department of Housing and Urban Development (HUD).
South Carolina Fair Housing Law, published and enforced by the SC Human Affairs Commission.

Jurisdictions that have legally opted out of the code enforcement program at this time include the:
Town of Richburg;
Town of Ehrhardt;
Town of Pamplico; and,
County of Union.

Local jurisdictions presently are required to establish their own administrative provisions for the enforcement of building codes and the operation of their building inspection departments. Local jurisdictions also have the statutory authority to adopt the appendixes for the mandatory codes and the permissive codes as desired.

SECTION 4 :

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

CHAPTER 9.

BUILDING CODES

SECTION 6-9-10. Enforcement of building codes by municipalities and counties; applicability to electric cooperatives, Public Service Authority and certain public utility corporations; conflicts with federal manufactured housing construction and installation regulations.

(A) All municipalities, as defined by Section 5-1-20, and counties in this State shall enforce building, energy, electrical, plumbing, mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, energy efficiency, installation of equipment, alteration, repair, occupancy, classification, or removal of structures located within their jurisdictions and promulgate regulations to implement their enforcement. The municipality or county shall enforce only the national building and safety codes provided in this chapter.

SECTION 6-9-60. Adoption by reference of certain nationally recognized codes and standards.

Municipalities and counties may adopt by reference only the latest editions of the following nationally recognized codes and the standards referenced in those codes for regulation of construction within their respective jurisdictions: property maintenance, performance codes for buildings and facilities, existing building, and swimming pool codes as promulgated, published, or made available by the International Code Council, Inc. The appendices of the codes provided in this section may be adopted as needed by a municipality or county, but the specific appendix or appendices must be referenced by name or letter designation in the adopting ordinance.

  ***  By adoption of the International Code Series there is established the Department of Building Safety. By adoption only chapter one of the code may be altered. Each  appendix of the code must be adopted by the local jurisdiction in reference in the adopting ordinance .

SECTION 5:

                  The following section of the program requires use of the current edition of the  ICC International Building or ICC Residential Code  Chapter One “Administration” is reviewed.  Specific application and language may vary in accordance with an amended or revised administrative chapter.

                  Adoption of the Administrative Chapter should be carefully considered by the local jurisdiction. There are three considerations:

1. A jurisdiction could adopt, by local ordinance, Chapter One of the International Building Code as written.  If Chapter One is adopted, it cannot be modified at the local level.  Any proposed modification must be submitted to the BCC and must be based on local "physical or climatological" conditions.

2. A jurisdiction could develop its own administrative ordinance to use in lieu of Chapter One.  The ordinance must be adopted by the governing council, and could be modified by ordinance at the local level without the BCC approval.

3. A jurisdiction could adopt, by local ordinance, Chapter One of the International Building Code as written and develop a local supplement to address issues that Chapter One does not cover.  If Chapter One is adopted, it cannot be modified at the local level.  Any proposed modification must be submitted to the BCC and must be based on local "physical or climatological" conditions.  The local provisions, however, could be modified by ordinance at the local level without the BCC approval

                   Topics discussed in this section will include:

SECTION 6.

 
PERMITS

       Issue of the building permit is the single most important first step in a successful building codes program. While this class is not  to be considered a bases for legal opinions ; certain discussion will be helpful in realizing the importance of the permitting process.

       With the recent wave in litigation claims ; it has become more prevalent than ever before for  individuals to attempt to hold the building official (The Department of Building Safety) to a degree of liability. Language has been incorporated in permitting applications and adopting ordinances which provide for most building officials and their jurisdiction to fear no personal liability. However, lawsuits can be costly to the jurisdiction; even if not winnable.

      Once the Building Permit is issued it can be very difficult for revocation .  A permit holder  may feel that the issuance of the permit affords vested rights to proceed.  In some courts it has been upheld that the rights become vested only when a substantial amount of work has been accomplished. In G.J.Z. Enterprises v. City of Troy  the courts found that after the building permit was issued by mistake  an apartment complex was 70% complete ; even though the project was in violation of the cities zoning ordinances. The court found for the plaintiff.

       In the Minnesota case of Snyder v. City of Minneapolis, the plaintiff brought suit against the city for damages caused when the city issued him a building permit to build a new building and a permit to demolish another. The permit to build the new building was revoked after the old building was demolished. The court found for the plaintiff.

      These are only two case ; there are many. Read “Legal Aspects of Code Administration” for more examples.

ACTIVE and PASSIVE Negligence:  The difference between active and passive negligence can best be summarized as: one is only passively negligent if he merely fails to act in fulfillment of duty of care which law imposes upon him, while one is actively negligent if he participates in some manner in conduct or omission .

Malfeasance and Nonfeasance: Malfeasance is the doing of an act which a person ought not do at all. Nonfeasance is the nonperformance of some act which the person is obligated or has the responsibility to perform.

An Appeal can be defined as a disagreement with the interpretation of a law or regulation.

A Variance simply can mean that the individual agrees with the interpretation but because of a particular circumstance feels the application should be  waived.

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Inspection Results:

Every effort should be made to keep accurate records of each action taken during the course of the inspection process. Even phone calls, if the software will allow, should be documented. A complete , yet concise, report with specific code reference should be made by the inspector. Comments should be limited. An inspector should enter results with the mindset that another will read these results. Ask “ Will this document explain the situation?”.

             There are several permit software apllications available for use. These include information available from the International Code Council, Kelly Software, and numerous others. Research for the system b

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SECTION 7.

LICENSING:

                     South Carolina licensing laws and regulations are varied and sometimes complicated. However, in the Department of Building Safety the prevalent licensing issues dealt with are Residential Builders, Specialty Contractors, General Contractors , Mechanical Contractors, Engineers, Architects and  Manufactured and Modular Home applications.

                     Complete copies of the licensing regulations and statutes, as well as current license status,  can be obtained from the SC Department of Labor, Licensing and Regulation or at its web site www.llr.state.sc.us.

                    The licensing status of an applicant should be verified prior to issue of the building permit. The licensee should have in his/her possession a current LLR license pocket card. Actions (suspensions, revocations, etc..) can be taken on a license during the course of the licensing period .  These actions may or may not be forwarded to the local jurisdiction. It is therefore prudent to check current status of the applicant.

Residential Builders and Specialty Contractors:

RESIDENTIAL LICENSE

If an individual wishes to engage in residential building from the ground up, the individual is required first to obtain a residential builders’ license if the total cost of the construction exceeds $5,000. The applicant must pass a residential builder’s examination administered by the commission’s examination service, Psychological Services, Inc. (PSI). The commission also requires a licensed residential builder to provide a surety bond in the amount of $15,000 with the commission being the bondholder. There is no monetary limitation for residential work performed by the licensee.

RESIDENTIAL SPECIALITY REGISTRATION

Anyone engaging in residential specialty work over $200 must complete a specialty registration form. The commission will allow an individual to choose up to three specialty registration classifications from a list of 12 specialty classifications. If the individual is engaging in more than three classifications, the commission requires the individual to apply for a residential builder license. The residential specialty registration also limits the individual to $5,000 per residential project unless he/she secures a surety bond in the amount of $5,000. The commission is the bondholder. There is no dollar limitation for the residential specialty work performed. The residential specialty registration is issued to an individual, not a business entity. A specialty contractor cannot build a residential structure or make an addition to a residential structure from the ground up.

CHAPTER 59.

 RESIDENTIAL HOME BUILDERS  

ARTICLE 1.

 RESIDENTIAL HOME BUILDERS GENERALLY

SECTION 40-59-280. Proof of licensure as condition of issuance of local building permit; reports of violations.

The building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county shall refuse to issue a permit for an undertaking which requires licensure or registration under this chapter unless the applicant has furnished evidence that he is either licensed or registered in accordance with this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, also shall report to the commission the name and address of an person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work requiring licensure or registration under this chapter when the person has not produced evidence of licensure or registration or exemption from this chapter.

(6) “Residential builder” means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or re-improvement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. Anyone who engages or offers to engage in such undertaking in this State is considered to have engaged in the business of residential building.

(7) “Residential specialty contractor” means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or re-improvement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:

(a) plumbers;                                                                         Requires Exam

(b) electricians;                                                                     Requires Exam

(c) heating and air conditioning installers and repairers;     Requires Exam

(d) vinyl and aluminum siding installers;

(e) insulation installers;

(f) roofers;

(g) floor covering installers;

(h) masons;

(i) dry wall installers;

(j) carpenters;

(k) stucco installers;

(l) painters/wall paperers.

(8) As used in this chapter, the terms defined in Section 40-1-20 have the same meaning as stated in that section.

40-59-240 :

(C) Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. A county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality;  however, if a residential specialty contractor has passed an examination in his area of contracting and approved by the commission, no additional examination may be required by a county or municipality.

(D) When the total cost of materials and labor for an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor shall obtain an executed bond with a surety in an amount approved by the commission and shall furnish a signed original to the commission. “

 SECTION 40-59-260. Exception for projects by property owner for personal use; exemption disclosure statement; notice filed with register of deeds.

(C) To qualify for exemption under this section, an owner must personally appear and sign the building permit application. The local permitting agency shall provide the person with a disclosure statement, provided by the department, in substantially the following form:

“Disclosure Statement

State law requires residential construction to be done by licensed residential builders and specialty contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own builder even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence. The building must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent a building you have built yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is a violation of this exemption. You may not hire an unlicensed person as your residential builder or specialty contractor. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.”

(D) At the time an owner personally appears and signs the building permit application as required by subsection (C) of this section, the local permitting agency shall provide the owner with all forms necessary to comply with subsection (E) of this section.

(E) If a residential building or structure has been constructed by an owner under the exemption provided for in this section, the owner of the residential building or structure must promptly file as a matter of public record a notice with the register of deeds, indexed under the owner’s name in the grantor’s index, stating that the residential building or structure was constructed by the owner as an unlicensed builder. Failure to do so revokes the statutory exemption.

(F) Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter.

GENERAL and MECHANICAL CONTRACTOR   

Required license for work on  projects not regulated by the International Residential Code.

GENERAL AND MECHANICAL CONTRACTOR LICENSE REQUIREMENTS

If an entity or individual in this state is engaging in regulated general or mechanical commercial construction work in an amount exceeding $5,000 which includes the total cost of construction for the project, a general or mechanical contractor license issued by the South Carolina Contractors’ Licensing board is required. The total cost of construction is defined by the total cost of labor, profit and materials, regardless of who pays for the materials. A licensed general or mechanical contractor may engage in commercial and residential construction. If a contractor is solely engaging in residential construction, he must be licensed or registered by the South Carolina Residential Builders Commission and cannot perform regulated general or mechanical construction work in excess of $5,000. A general or mechanical contractor performing residential work must comply with the Contractors’ Licensing Board licensing law, not the Residential Builders Commission statutes. The statutes regulating general and mechanical contractors are

found in General and Mechanical contracting statutes, Sections 40-11-5 through 40-11-430 of the 1976 South Carolina Code of Laws, as amended. The regulations are found in Sections 29-1 through 29-10. Definitions for the different types of work regulated are found in 40-11-410. Section 40-11-430 relates to issuing building permits. Section 40-11-360 relates to situations not requiring licensure. Building Official duties are found in section 40-11-350. Disciplinary actions are found in Section 40-11-110. Section 40-11-340 states an entity licensed under Section 40-11- 410(1)(2) &(3) may act as the sole prime general contractor on a project if forty percent or more of the total cost of construction falls under one or more of the licensee’s license or sub classifications. A properly licensed mechanical contracting entity must have fifty one percent of its license sub classification in a construction project to be listed as the sole prime contractor.

BURGLAR AND FIRE ALARM AND FIRE SPRINKLER LICENSE REQUIREMENTS

The Contractors’ Licensing Board also regulates burglar alarm, fire alarm, and fire sprinkler contractors. A state license issued by the board is required for any work being performed on these types of systems, regardless of the cost. The statutes regulating burglar and fire alarm systems are found in Sections 40-79-5 through 40-79-320. The statutes regulating fire sprinkler systems are found in Sections 23-45-10 through 23-45-160. Fire sprinkler regulations are found in 29-70 through 29-110.

Issuing a permit to an improperly licensed person may result in problems for the owner,

contractor and the issuing authority. If an improperly licensed contractor is found on a project, the contractor may be issued a fine and required to leave the project and not return. This can cause problems for the contractor and the owner and can be very costly to both. The owner may be issued a fine for hiring an unlicensed contractor and may have to find another contractor to finish the remaining construction. In addition, the department has the authority to issue a fine to the permitting jurisdictions that issue permits to improperly licensed individuals. The LLR  is starting to enforce this provision after an initial letter of warning and notice. See Section 40- 11-420 for further clarification of issuing building permits.

Group Limitation Requirements

GENERAL CONTRACTOR                                                      MECHANICAL CONTRACTOR

Group # 1 $5,000 - $30,000 per contract                            Group # 1 $5,000- $17,500 per contract

Group # 2 No one contract to exceed $100,000.00            Group # 2 No one contract to exceed $30,000.00

Group # 3 No one contract to exceed $350,000.00            Group # 3 No one contract to exceed $50,000.00

Group # 4 No one contract to exceed $750,000.00            Group # 4 No one contract to exceed $125,000.00

Group # 5 Unlimited Group # 5 Unlimited

SECTION 40-11-300. Total cost of construction used to determine license group for project; work on project without required license.

(A) It is unlawful for an owner, a construction manager, a prime contractor, or another entity with contracting or hiring authority on a construction project to divide work into portions so as to avoid the financial or other requirements of this chapter as it relates to license classifications or sub-classifications or license groups, or both. The total cost of construction must be used to determine the appropriate license group for a project.

(B) An entity or individual engaging in general or mechanical construction on a project without the required license or certificate must immediately withdraw from the construction project and may not act as a subcontractor on that construction project.

*** SECTION 40-11-350. Evidence of license as prerequisite to issuance of building permit; reporting violations.

A building official, or other authority charged with issuing building or other similar permits, of a county, municipality, or subdivision of a county or municipality shall refuse to issue a permit for an undertaking which would classify the applicant as a contractor under this chapter unless the applicant has furnished evidence that the applicant is either licensed as required by this chapter or exempt from the requirements of this chapter. A building official, or other authority charged with issuing building or other similar permits, shall report to the department the name and address of an entity believed to have violated this chapter by bidding or contracting for work which is regulated under this chapter

SECTION 40-11-360. Exemptions from application of chapter; content of posters to be distributed to building permit offices.

(A) This chapter does not apply to:

(1) an entity which installs fire sprinkler systems if the entity is licensed under Chapter 45 of Title 23, or burglar and fire alarm systems if the entity is licensed under Chapter 79 of Title 40;

(2) The installation of finished products, materials, or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. Work requiring licensure must be installed by a licensed contractor;

(3) Construction, alteration, improvement, or repair carried on within the limits of a site, the title to which is in the name United States of America or with respect to which federal law supersedes this chapter;

(4) Contractors performing construction work for the South Carolina Department of Transportation pursuant to that department's prequalification requirements with the exception of public/private partnerships performing work pursuant to Section 57-3-200;

(5) An owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if he does the work himself, with his own employees, or with licensed contractors; provided that the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent, and provided further, that the general public does not have access to this structure. In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate of occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent and is subject to the penalties provided in this chapter. As used in this item, "sale" or "rent" includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property;

(6) An owner of nonowner-occupied property who improves the property or who builds or improves structures of less than five thousand square feet or other appurtenances on the property, either by himself or with the owner's employees, if all structural and mechanical work is performed by licensed contractors regardless of the cost of construction and if the property is not sold for two years after completion of the improvements. For purposes of this item, "structural" means foundation, pier, load-bearing partition, perimeter wall, internal wall exceeding ten feet in height, roof, floor, and any other work deemed by the board to be structural. "Mechanical" means work described in Section 40-11-410(5);

(7) An owner constructing a wood-framed farm structure with less than five thousand square feet of floor space and not used for human habitation or office facilities;

(8) Public owners performing all or a portion of any work on a project themselves as long as the work performed falls within the limitations of a License Group 3 General Contractor or a License Group 4 Mechanical Contractor, as adjusted by an inflation factor reflecting the Department of Labor's Consumer Price Index.

(9) Renovations and maintenance projects of the South Carolina Department of Corrections whereby all labor is supplied from that department's own labor forces.

(10) The South Carolina Public Service Authority when performing maintenance and renovations to existing facilities and when performing work in accordance with Section 40-11-410(4)(n). 

SECTION 40-11-370.

A)     It is unlawful to use the term "licensed contractor" or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.

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SECTION 8.

ARCHITECHS AND ENGINEERS

Section 40-3-320. Building Officials required to have sealed plans. (Architectural Registration Law) The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.

Section 40-22-270 (8). Duty of Building Official. (Engineering Registration Law) The Building Official, or other designated authority charged with the responsibility of issuing building or similar permits, shall refuse to issue a permit for any undertaking, the plans and specifications for which would require the seal of a Professional Engineer, unless the permit applicant has furnished satisfactory evidence the documents are exempt from the requirements of this Chapter. The Building Official, or designated authority charged with the responsibility of issuing building or similar permits, shall report to the Board the name and address of a person who has or is suspected to have violated provisions of this Chapter relating to the unlicensed practice of engineering.

Commentary: There are building projects for which plans and specifications prepared by an architect alone may suffice. There are building projects for which plans and specifications prepared by an engineer alone may suffice. And there are building projects where plans and specifications prepared jointly by both engineers and architects are needed.

Registration laws for the professions of engineering and architecture recognize there are elements of both professions that might be embodied within the practice of either profession. In an effort to help practitioners of the two professions, and also those who work with these practitioners, the two licensing boards have jointly approved a policy on the “incidental” practice of engineering and architecture. That policy is published in Section 300 of this manual.

            ? All buildings of assembly, regardless of size, require the services of an architect. Assembly uses include, but are not limited to, movie theaters, banquet halls, nightclubs, restaurants, art galleries, churches, courtrooms, funeral parlors, libraries, museums, and stadiums.

            • All institutional buildings, regardless of size, require the services of an architect. Institutional buildings include, but are not limited to, residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, hospitals, nursing homes, mental hospitals, jails, adult care facilities, and day care facilities for more than five children younger than 2 1/2 years of age.

            • All educational facilities, regardless of size, require the services of an architect. Educational facilities include day care facilities for more than five children older than 2 1/2 years of age.

            • All hazardous use facilities, regardless of size, require the services of an architect.

            • Residential buildings that house more than two families require the services of an architect. Residential buildings include boarding houses, hotels, apartment houses, townhouses, convents, dormitories, fraternity/sorority houses, and monasteries.

Any building official who suspects a misuse by design professionals of the incidental practice provisions may contact enforcement offices at the two licensing boards for assistance.

Architectural related complaints may be filed on the complaint form found at http://www.llr.state.sc.us/pol/architects/index.asp?file=disciplininfo.htm

Engineering related complaints may be filed on the complaint form found at http://www.llr.state.sc.us/POL/Engineers/index.asp?file=complaint.htm

SECTION 9.

Manufactured Homes

Overview of the S.C. Manufactured Housing Program

Manufactured housing, formerly referred to as "mobile homes and trailers," is the most unique concept for single-family residential construction that a local jurisdiction will address from a construction standpoint. The concept is unique because it is the only form of constriction that, from plan preparation to occupancy, is affected by federal, state and local laws and ordinances.

The key word for local code enforcement officers, consumers and industry related persons to remember when going through the permitting and installation inspection process for a manufactured home is "Pre-emptive." Manufactured homes are designed, constructed and inspected under the Housing and Urban Development (HUD) Standards, which are adopted by federal law. Local jurisdictions are pre-empted by that same law from promulgating ordinances, codes or regulations, either more or less restrictive, that would dictate or modify construction standards for manufactured housing in any manner. In the same respect, the state law pre-empts local jurisdictions from promulgating ordinances or regulations, either more or less restrictive, that would dictate or modify the method of installation of manufactured housing. The pre-emptive provisions of the federal and state laws are non-negotiable. Provisions of the International Building and Residential Codes, the Standard Building Code and the CABO One and Two Family Dwelling Code do not apply to HUD labeled manufactured homes used as single-family detached residences.

In all cases, the manufacturer's installation manual is the document to be used for the first placement of new manufactured homes. Subsequent installations should also be in accordance with manufacturer's installation manual if it is available. In the absence of the manufacturer's installation manual, the state installation regulations must be utilized and may not be amended or usurped at the local level (Sections 40-29-50 of the SC Code and 19-425.39 of the Board's Regulations). Local jurisdictions may, however, require a minimum floor elevation based on an established base flood elevation for the area, in conjunction with the Federal Flood Control Program.

Local jurisdictions have the authority to issue permits for the placement of manufactured homes, and may enforce zoning requirements or inspect for compliance with the manufacturer's installation manual or the state regulations (both which include tie down specifications), electric, gas, water and sewer connections, heating and air conditioning equipment and duct work if installed or connected at the home site. Since design and construction of manufactured housing is governed by federal law, local inspectors cannot require compliance with any other locally adopted codes.

South Carolina is divided into two wind zones. Wind zone 1 is designated as a moderate wind speed area and wind zone 2 is designated as a high wind speed area. Federal law defines the wind zone 2 as all areas within the counties of Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, Jasper and Williamsburg. All other counties fall within wind zone 1. All manufactured homes must be labelled to meet the minimum wind speed for the zone in which they are to be placed. Consequently, only homes built to wind zone 2 specifications, and labelled as wind zone 2 units may be placed in the nine counties listed above. Homes labelled as wind zone 1 or wind zone 2 may be placed in the remaining counties. The wind zone requirements are provisions of federal law and no exceptions or variances are permitted.

The federal law also provides that manufactured housing cannot be excluded, or prohibited from placement within any jurisdiction by use of zoning, proclamation or any other instrument. Areas and/or zones must be provided for the placement of manufactured housing as a specific use or with other compatible uses within all jurisdictions.

For further information or questions concerning zoning for manufactured housing, you may contact the Manufactured Housing Institute of South Carolina at 803 771 9046.

HUD labelled manufactured homes are constru