§ 6-9-63 — South Carolina Building Codes Council; membership; function of council; per diem; meeting requirements.

(A) Each member of the council must be appointed by the Governor for a term of four years and until a successor is appointed and qualifies. Each member of the council must be a resident of this State. The council consists of sixteen members composed of: (1) an architect licensed in South Carolina from a list of qualified candidates submitted to the Governor by the South Carolina Chapter of the American Institute of Architects; (2) an engineer licensed in South Carolina from a list of qualified candidates submitted to the Governor by the South Carolina Council of Engineering and Surveying Societies; (3) a residential home builder licensed in South Carolina from a list of qualified candidates submitted to the Governor by the Home Builders Association of South Carolina; (4) a general contractor licensed in South Carolina from a list of qualified candidates submitted to the Governor by the Association of General Contractors; (5) a representative of the modular building industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina; (6) a code enforcement officer registered in South Carolina; (7) a fire marshal or fire chief designated by the State Fire Marshal; (8) a municipal administrator, manager, or elected official; (9) a county administrator, manager, or elected official; (10) a representative designated by the State Engineer of the Department of Administration; (11) a representative of the general public who is not in the practice of home or commercial safety inspection, construction, or building, and who does not have any financial interest in these professions, and who does not have any immediate family member in these professions; (12) a disabled person; (13) a representative of the property and casualty insurance industry; (14) a representative of the electrical industry who is either an engineer licensed in South Carolina or a master electrician from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina; (15) a representative of the mechanical or gas industry who is either an engineer licensed in South Carolina or a master mechanic from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina; and (16) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina. (B) A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. (C) The primary function of the council is to accept all requests for variation from the series of codes listed in this chapter and to determine which variations, if any, are justified by local conditions and can be enacted after a finding on the record that the modification provides a reasonable degree of public health, safety, and welfare. (D) Each member of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. (E) The council shall elect from its members a chairman and vice chairman. The council shall adopt regulations consistent with this chapter. A meeting may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. Each member must be notified by the chairman in writing of the time and place of the meeting at least seven days before the meeting. Nine members constitute a quorum. Each meeting is open to the public. An official decision of the council may be made only by a vote of at least two-thirds of those members in attendance at the meeting.

Legislative History

HISTORY: 2003 Act No. 83, SECTION 1, eff July 2, 2003; 2022 Act No. 205 (S.934), SECTION 1, eff May 18, 2022. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Effect of Amendment 2022 Act No. 205, SECTION 1, in (A), in the introductory paragraph, inserted the second sentence, in (1), inserted "from a list of qualified candidates submitted to the Governor by the South Carolina Chapter of the American Institute of Architects" following "South Carolina", and made a nonsubstantive change in (13).