Act 83, signed into law by Governor Sanford on July 2, 2003 shifted responsibility of adoption and implementation of the mandatory building codes to the South Carolina Building Codes Council. (See 6-9-50 of the Code of Laws).

(`95 Code, § 5-3-11) (Am. Ord. 21-96, passed 12-3-96; Am. Ord. 05-05, passed 2-8-05; Am. Ord. 52-05, passed 9-27-05; Am. Ord. 44-06, passed 12-12-06; Am. Ord. 11-10, passed 6-22-10)

   (A)   The latest edition of the mandatory building codes as adopted by the SC Building Codes Council and shall be enforced at all times within the corporate limits of the City of Folly Beach as follows:

      (1)   International Building Code with S.C. modifications and including Chapter 1;

      (2)   International Fire Code with S.C. modifications and including Chapter 1;

      (3)   International Plumbing Code with S.C. modifications and including Chapter 1;

      (4)   International Mechanical Code with S.C. modifications and including Chapter 1;

      (5)   International Fuel Gas Code with S.C. modifications and including Chapter 1;

      (6)   International Energy Conservation Code with SC Modifications;

      (7)   National Electrical Code;

      (8)   International Residential Code with S.C. modifications, including Chapter 1; and

      (9)   Any other modifications or updated Codes, which have received approval from the South Carolina Building Codes Council.

   (B)   Also, mandatory and shall be enforced are the following:

      (1)   The latest edition of ICC/ANSI A117.1, Accessibility and Useable Buildings Facilities, which is adopted by the Accessibility Act. All plan reviews and inspections conducted by the Building Official shall be based on ICC/ANSI A117.1; however, there are other accessibility documents which are law and must be considered.

      (2)   The Building Efficiency Standards Act.

(Ord. 11-10, passed 6-22-10; Am. Ord. 20-13, passed 8-13-13; Am. Ord. 20-16, passed 7-12-16)

   The latest edition of the following permissive codes as approved by the SC Building Codes Council may be used as needed by the city pursuant to S.C. § 6-9-50. The permissive codes are as follows:

   (A)   International Property Maintenance Code to include Chapter 1;

   (B)   Existing Building Code, including Chapter 1:

   (C)   International Performance Code for Buildings and Facilities, including Chapter 1; and

   (D)   International Swimming Pool and Spa Code, including Chapter 1.

(Ord. 11-10, passed 6-22-10; Am. Ord. 20-13, passed 8-13-13; Am. Ord. 20-16, passed 7-12-16)

      (1)   Changes to the exterior of a property may require a sign off from the Zoning Administrator. Changes to the exterior of commercial properties may need approval from the Design Review Board at the discretion of the Zoning Administrator.

      (2)   Permits for the construction of new docks in the Conservation Zoning District shall require a letter of coordination with Charleston County.

      (3)   All building permits located on islands less than ten acres shall require a letter of coordination from SCDHEC confirming that the proposed developments meet all applicable state regulations for marsh island development.

      (4)   All permit cards will be displayed onsite and must be visible from the public right-of-way at the access to the property.

      (5)   Toilet and refuse disposal containers shall be provided and maintained by the permit holder on all project sites.

   (C)   Prior to starting any excavation work the applicant shall contact 811 to request locate tickets. The applicant shall include the locate tickets with the permit application.

(Ord. 13-19, passed 2-11-19; Am. Ord. 13-20, passed 9-8-20)

   Section 201.1, “Definitions,” is amended by adding the following after “Wall, Bearing” and before “Wall, Cavity:”

   “New Construction.” A project in which an entirely new facility is built from the ground up, including all appurtenances.

   “Remodeling.” As any changes or improvements to structures and building components and systems such as partitions, floors, ceilings, ventilation, heating, colling and lighting. It could include such work on utilities and grounds.

   “Wall, Break-Away Screening. A non-bearing wall with 50 percent of the area void and evenly distributed throughout, and located between piles or columns, and shall meet the requirements of Section 2905.3.”

(`95 Code, § 5-3-15)

      (1)   Senior citizen is 65 years or older;

      (2)   Senior citizen is the owner or co-owner of the premises for which a permit is issued or a fee is paid; and

      (3)   Senior citizen is a permanent resident, living full-time at the premises or the premises is a second home for the senior citizen for which the permit is issued or a fee is paid.

 

 

      (1)   The permit fee for electrical installation shall be: 100 AMP: $30; 200 AMP: $50. Permit fees for electrical installations over 200 AMP shall be $25 per 100 AMP. Repairs shall be based on cost of the work and the permit fee shall be on the regular valuation fee schedule as shown above.

      (2)   The permit fee for plumbing work or repair shall be $4.50 per fixture.

      (3)   The permit fee for natural gas work or repairs shall be: gas piping at one location - total fees

unless additional or replacement work, one to four outlets inclusive $15, additional outlets at $3.

         (a)   Permits for the partial or complete demolition of any structure within the city shall be issued only after the age of the structure or portion of the structure proposed to be demolished is established by the following evidence:

            1.   A certificate of occupancy.

            2.   A building permit clearly describing the address of the building or addition and, where applicable, the nature of any addition authorized by the permits.

            3.   A property tax bill or property record card from Charleston County describing the address and nature of improvements to the site.

            4.   A report from an architect or engineer licensed in the State of South Carolina with an estimated construction date based on materials, styles, building methods or any other relevant criteria.

         (b)   For the partial or complete demolition of any residential or commercial structure in sound condition constructed less than 50 years prior to the date of application for demolition, the fee shall be $100.

         (c)   For the demolition of any residential or commercial structure in sound condition and constructed more than 50 years prior to the date of application for demolition:

            1.   The fee shall be $100 for partial demolition of additions made less than 50 years prior to the date of application for demolition provided that the applicant provides documentation of the construction dates of the areas to be demolished.

            2.   The fee shall be $5,000 for complete demolition.

         (d)   The fee for demolition of any of the following structures shall be $100:

            1.   Any residential or commercial structure that has been inspected by the Building Official and deemed to be a threat to the safety, health, and welfare of the public.

            2.   Any residential or commercial structure which has been certified by an architect or engineer licensed in the State of South Carolina to be structurally unsound, non-compliant with current building and fire codes in effect for development within the city, or by virtue of an elevation certificate, has been shown to be non compliant with the required flood elevation and for which the cost of compliance whether individually or cumulatively exceeds 50% of the appraised value of the structure.

            3.   Any accessory structure.

      (5)   For the moving of any building or structure, the fee shall be $100.

      (1)   There shall be an application fee for each building permit as follows:

         Under $1,000      $10 unless owner of the property

         $1,000 to $5,000      $50

         Over $5,000         $100

(`95 Code, § 5-3-16) (Ord. 07-97, passed - - 97; Am. Ord. 11-04, passed 6-22-04; Am. Ord. 01-05, passed 1-25-05; Am. Ord. 06-05, passed 3-8-05; Am. Ord. 28-06, passed 7-25-06; Am. Ord. 04-08, passed 3-11-08; Am. Ord. 19-09, passed 11-10-09; Am. Ord. 06-11, passed 3-22-11; Am. Ord. 18-13, passed 7-23-13; Am. Ord. 14-18, passed 2-11-19; Am. Ord. 13-19, passed 2-11-19)

   (A)   The owner of any partially built structure that has been standing for two years will be required by this subchapter to demolish or complete the structure.

   (B)   (1)   The owner of the property will be notified by the city to obtain a permit within 45 days of receipt of the notice.

      (2)   Construction or demolition of the structure must be completed within six months after issuance of permit.

(`95 Code, § 5-3-17)

   No one shall place any non-authorized building, tree, sign, bush, fence, seawall or obstruction on any highway right-of-way, beach accesses, fire lanes or any other public dedicated property.

(`95 Code, § 5-3-18) (Ord. 80-4, passed 4-15-80) Penalty, see § 10.99

   In the event that the Municipal Emergency Operations Center has been activated and declared at least an Emergency Operation Condition Level 3:

   (A)   No delivery of construction material shall be allowed to active construction sites on the island.

   (B)   Permit holders or owners of active construction sites within the city shall remove, store, or secure under or inside the structure, all loose materials and potential windborne debris from any building site. Loose materials inside and under the structure shall be tied down mechanically to the grade below the structure or framing of the structure with strapping, structural frames, or other methods approved by the building official, or any employee of the Department of Public Safety designated by the building official.

   (C)   Construction dumpsters shall be dumped or removed from any building site. Questions regarding or requests for verification of satisfactory site conditions shall be directed through to the Incident Command Center.

(Ord. 03-18, passed 4-24-18)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 14-07, passed 6-26-07)

   This subchapter shall require that all electrical devices, materials or appliances designed for attachment or installation on any electrical circuit or system for light, heat or power shall not be sold, offered for sale, installed or used unless they shall be approved by the Underwriter's Laboratory, Inc., or unless they shall have been submitted to and approved by the Electrical Inspector as safe to life and property.

(`95 Code, § 5-3-32)

   (A)   Before any person shall engage in the business of installing electrical wiring or appliances in any building or structure in the city, he or she shall first have applied for and obtained a license as an electrical contractor. This applicant shall have a minimum of five years experience.

   (B)   (1)   This subchapter shall not require a license for performance of any kind of electrical wiring installation upon any property by the owner, or by or for public utility corporations subject to regulation by the duly constituted authorities of the Commission, and where the property is required as a part of the plant of any corporation and is so utilized in rendering its services to the public or by or for mechanical contractors installing equipment with automatic controls and requiring interwiring.

      (2)   Permits shall be secured, however, and all the work shall be inspected as provided hereinafter.

      (3)   The word “owner,” as used in this section, shall not be construed to include any contractor employed by the owner; nor shall the wording in this section be interpreted so as to abrogate or in any way modify the permit, inspection or any other sections and provisions of this subchapter; nor shall the relief from licensing provided by this section apply to a builder, developer or contractor engaged in the construction of buildings for resale.

(`95 Code, § 5-3-33)

   (A)   The city may revoke the license of any electrical contractor who is found guilty of fraud or deceit in obtaining a license, or gross negligence, incompetence or misconduct in conducting his or her business as an electrical contractor.

   (B)   Any person who prefers charges of gross negligence, incompetence or misconduct against any electrical contractor licensed hereunder shall submit the charges in affidavit form and file same with the City Clerk-Treasurer.

(`95 Code, § 5-3-34)

   (A)   No electrical wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises, nor shall any alteration or addition be made in the existing wiring, devices, appliances or equipment without first securing a permit therefor from the Electrical Inspector or his or her assistants authorized to issue the permits.

   (B)   (1)   Applications for permits shall be made on forms provided for the purpose by the Electrical Inspector, who is authorized to issue in lieu of individual permits an annual permit upon application therefor to any person regularly employing one or more maintenance electricians for the maintenance of electric wiring, devices, appliances and equipment relating to operation and maintenance and to process related construction, alteration or modification on the premises occupied by the applicant.

      (2)   A person to whom an annual permit is issued shall be entitled to a periodic inspection or special inspection upon request. Annual permits shall expire on December 31 of the year in which issued.

(`95 Code, § 5-3-35)

   The Electrical Inspector shall not require permits for:

   (A)   The replacement of lamps;

   (B)   The connection of portable devices to suitable receptacles which have been permanently installed;

   (C)   The installation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence; or

   (D)   Public service corporations for the installation of equipment necessary in the generation, transmission and distribution of electric energy.

(`95 Code, § 5-3-36)

   (A)   Any person making application for a permit for the installation or alteration or maintenance of electrical wiring, devices, appliances and equipment shall pay to the city a fee in the amount, as established from time to time by the City Council.

   (B)   When extra inspections are made necessary for reasons of defective work or otherwise through fault or error on the part of the permit holder, or on the part of his or her employees after the notice has been given in writing by the Electrical Inspector setting forth the violation, only one extra inspection shall be made under the regular permit fees, and for each and every visit or inspection for which the permit holder or his or her employee is entirely responsible, additional fees shall be charged in accordance with the fee schedule adopted by the City Council.

(`95 Code, § 5-3-37)

   (A)   After each required inspection, a notice shall be given to the permit holder as to approval or disapproval, with a listing of required corrections if there be any required. Electrical wiring shall not be covered or concealed until after the work has been approved. Inspection shall be made by the Electrical Inspector within 48 hours of the request for inspection by the contractor. If the notice indicates that corrections are needed, the corrections shall be made forthwith and the Electrical Inspector notified and a reinspection requested.

   (B)   Upon final inspection of the electrical wiring and in compliance with this code, a certificate of approval, if required, shall be issued to the permit holder notifying them of the approval. It shall be unlawful for any person to connect or reconnect any installation of electrical wiring, devices, appliances or equipment to a source of supply until a certificate of approval authorizing the connection has been issued by the Electrical Inspector or unless a temporary release has been issued.

   (C)   When, in a building, the construction necessitates that connection of the permanent service or source of supply be made prior to the final inspection, a temporary release may be requested by the permit holder and be issued by the Electrical Inspector, with notification given of a temporary release to the utility. The release is of a temporary nature and shall be superseded by a final inspection and a certificate of approval.

(`95 Code, § 5-3-38)

   The Electrical Inspector may revoke a permit or approval issued under the provisions of this subchapter in cases where there has been any false statement or misrepresentation as to a material fact in the application or plan on which the permit or approval was based.

(`95 Code, § 5-3-39)

   Hotels, theaters, hospitals, institutional homes, schools, churches, public buildings, fishing piers and commercial docks shall be wired with rigid raceways.

(`95 Code, § 5-3-40)

   All temporary services shall be installed in rain tight switch or breakers. All receptacles shall be three-wire grounded by type in weatherproof enclosures. Service shall be grounded by means of an eight-foot driven ground rod, with Underwriter's Laboratory approved ground clamp and number four copper wire. Service installed on the public utility company's pole shall be in rigid conduit. Any other poles used shall be four feet of length below ground and at least 12 feet of length above ground, and shall have two braces.

(`95 Code, § 5-3-41)

   (A)   Disconnect switches and breaker panels shall be installed in readily accessible locations. In no case shall disconnect switches or breaker panels be located in bathrooms, closets, under stairs, in cabinets or over basins, sinks or stoves. Residential panel main disconnects shall be no more than five feet, six inches above floor surface.

   (B)   A meter socket shall have only one feed to serve main disconnect switches or panels.

   (C)   (1)   Neither aluminum nor Type T.W.R. or RH wire shall be used for service entrance conductors. If a meter requires three or four wires, the minimum size of conductors shall be number two; provided that the minimum size for private residences shall be number four.

      (2)   Whenever existing meters or panel boards are changed or relocated, conductors shall be increased to meet the minimum requirements. Service conduits shall be fastened by straps and screws. Use of nails for such purpose is prohibited. Straps and screws shall be galvanized or cadium plated where exposed to weather.

   (D)   The minimum size of grounding conductor from meter socket to earth shall be number four stranded. Insulated aluminum conduit may be used only if all fittings are aluminum and all conductors installed in conduit are insulated.

   (E)   PVC-Duit-Allowed for service entrance, provided conduit is strapped with a two-hole device every three feet.

   (F)   Any device installed on the exterior of the structure or vertically over conductive flooring shall be protected by ground fault interrupter (GFI).

   (G)   All coin operated machines using electricity for power source shall be grounded in an approved manner.

   (H)   (1)   Electric tubing shall be permitted for meter service only where not exposed to weather.

      (2)   All grounding shall be accomplished through an Underwriter's Laboratory approved driven ground rod and clamp.

(`95 Code, § 5-3-42) Penalty, see § 10.99

   (A)   (1)   If an existing meter service is changed, enlarged or relocated, a minimum of four receptacles shall be installed in each room of the structure excluding bathrooms.

      (2)   Kitchen receptacles shall be on two separate circuits.

   (B)   Whenever a service change involving the installation of an additional meter is made in a structure, wiring and feeders on all meters and panels shall be brought up to the minimum standards for service equipment.

(`95 Code, § 5-3-43)

   All branch circuits panels containing more than six disconnects shall have a main disconnect.

(`95 Code, § 5-3-45)

   All receptacles used shall be a grounded type.

(`95 Code, § 5-3-47)

   The following regulations shall apply to the installation of appliances:

   (A)   Dryers. A minimum AWG ten with ground, three wire receptacle.

   (B)   Ranges. A minimum AWG six with ground, three wire receptacle.

   (C)   Water heaters. A minimum AWG ten with ground.

(`95 Code, § 5-3-48)

   The following regulations shall apply to conduit entrances;

   (A)   One-inch conduit, three No. 4 THW copper- 100-A, residences only.

   (B)   Commercial one and one-quarter inch conduit, three No. 2 THW copper-100-A.

(`95 Code, § 5-3-49)

   (A)   No Electrical Inspector or city official charged with the enforcement of this subchapter, acting for the city in the discharge of his or her duties, shall thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or permitted in the discharge of his or her duties.

   (B)   Any suit brought against the Inspector or other city official because of any act performed by them in the enforcement of any provision of this subchapter shall be defended by the City Attorney at city expense until the final termination of the proceedings.

(`95 Code, § 5-3-50)

   The Electrical Inspector shall enforce the provisions of this subchapter, and he or she, or his or her duly authorized representative, may enter any building, structure or premises in the city to perform any duty imposed upon him or her by this subchapter.

(`95 Code, § 5-3-51)

   Any requirement necessary for a safe, adequate, mechanical-like electrical installation not specifically covered by this code, shall be determined by the Electrical Inspector and enforced.

(`95 Code, § 5-3-52)

   Properties in all zoning districts shall have a minimum of 5,250 square feet for septic systems.

(Ord. 02-99, passed 2-6-99)

   All exposed heating and air conditioning ducts will be constructed of sheet metal or galvanized steel.

(`95 Code, § 5-3-72) (Ord. 85-28, passed 10-15-85)

   (A)   A lockable valve must be installed on the gas line on the house side of all gas meters.

   (B)   Contractors properly licensed through SCLLR only are allowed to do gas and gas piping work. Unlicensed contractors and property owners are not allowed to do gas work.

(`95 Code, § 5-3-82) (Ord. 85-3, passed 2-19-85; Am. Ord. 13-20, passed 9-8-20)

   Any party that strikes or damages a gas, electric, or water line in such a way that results in a response and/or repair by the city, city contractors, or utility provider shall be liable for all direct and indirect damages caused by the party’s negligence or violation of this chapter, including any costs and fees incurred by the city, city contractors, or utility providers. This does not exclude other penalties as provided in this code of ordinances, including penalties under the general penalty section (§ 10.99)

(Ord. 13-20, passed 9-8-20)

   (B)   In the event of a release or spill of any hazardous materials by the actions of any party, that party will be strictly liable for any damages arising from such release or spill, including any costs and fees incurred by the city or the city’s contractors or supporting agencies in their efforts to remediate the release or spill or otherwise mitigate any risks to life, property, and/or the environment caused by such a spill or release, and also including any attorney’s fees and litigation costs incurred by the city. The Direct of Public Safety or his or her designee or an authorized fire official shall have the sole authority to commit Folly Beach’s hazardous materials resources.

(Ord. 13-20, passed 9-8-20)

   (A)   Whenever a petition is filed with the city or Building Official by a public authority or by at least five residents of the city charging that a dwelling, or any portion thereof, is unfit for human habitation or whenever it appears to the Building Official on his or her own motion that a dwelling, or any portion thereof, is unfit for human habitation, the Building Official shall make a preliminary investigation.

   (B)   If the Building Official’s preliminary investigation discloses a basis for such charges, the Building Official shall issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Building Official or his or her designated agent at a place therein fixed not less than ten days nor more than 30 days after the serving of such complaint.

   (C)   The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.

   (D)   If, after such notice and hearing, the Building Official determines that the dwelling under consideration, or any portion thereof, is unfit for human habitation, he or she shall state in writing his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, and posted at the dwelling, an order to vacate and close the dwelling, or any portion thereof determined to be unfit for human habitation and informing the owner and occupants that utility services to the dwelling may be terminated. In addition:

      (1)   If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, the order shall require the owner, within the time specified in the order, to repair, alter or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or

      (2)   If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, the order shall require the owner, within the time specified in the order, to remove or demolish such dwelling.

   (E)   If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Building Official may cause such dwelling to be repaired, altered or improved or to be vacated and closed at the owner’s costs and expense. The Building Official may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” The order may apply to the entire dwelling or any portion thereof.

   (F)   If the owner fails to comply with an order to remove or demolish the dwelling, the Building Official may cause such dwelling to be removed or demolished.

   (G)   The amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the Building Official shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as municipal taxes.

   (H)   If the city in demolishing unfit dwellings as permitted by this subchapter contracts with a third party not employed by the city to do the work, it must bid the work in conformity with the purchasing procedures set forth in §§ 36.15 et seq.

(S.C. Code § 31-15-30) (Ord. 35-19, passed 1-14-20)

   The Building Official may determine that a dwelling, or any portion thereof, is unfit for human habitation if he or she finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, the occupants of neighboring dwellings, or other residents of the city. Such conditions include but are not limited to the following:

   (A)   Defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation or light;

   (B)   Unsafe electrical, water, or sewer facilities;

   (C)   Lack of fresh water from a South Carolina Department of Health and Environmental Control approved well or from a public water system supplied to the individual building through an on-site water meter;

   (D)   Lack of on-site sanitary waste disposal provided by a South Carolina Department of Health and Environmental Control approved septic system or from an approved private or public sewer system;

   (E)   Dilapidation, disrepair, or uncleanliness;

   (F)   Structural defects, including a failure to comply with applicable building codes, including Section 108.1.5 of the most current adopted International Property Maintenance Code, or local, state, or national law; and

   (G)   The property on which the dwelling is built is unstable because of erosion, subsidence, inundation, or other natural forces.

(S.C. Code § 31-15-50) (Ord. 35-19, passed 1-14-20)

   Complaints or orders issued by the Building Official shall be served upon persons either personally or by registered mail. If the whereabouts of such persons is unknown and cannot be ascertained by the Building Official in the exercise of reasonable diligence, and the Building Official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in Charleston County and circulated in the city. In addition, a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the Charleston County Clerk of Court in which the dwelling is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. It shall be unlawful for any person to remove, deface or otherwise tamper with any posted complaint or order.

(S.C. Code § 31-15-60) (Ord. 35-19, passed 1-14-20)

   (A)   Any person affected by an order issued by the Building Official pursuant to this subchapter may, within 30 days after the posting and serving of the order by the Building Official, appeal the decision to the Construction and Fire Board of Adjustments and Appeals.

   (B)   A hearing shall be had by the Construction and Fire Board of Adjustments and Appeals within 30 days. The person requesting the hearing shall be the moving party and shall have the burden of proof by the greater weight of the evidence. The Construction and Fire Board of Adjustments and Appeals will apply the standards set forth herein and shall have the right to uphold, modify or reverse the decision of the Building Official in accordance with those standards.

   (C)   The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Construction and Fire Board of Adjustments and Appeals.

(Ord. 35-19, passed 1-14-20)

   Any person affected by an order issued by the Building Official may within sixty days after the posting and service of the order petition the circuit court for an injunction restraining the Building Official from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the Building Official pending the final disposition of the cause. Hearings shall be had by the court on such petitions within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court’s calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the Building Official shall be entitled to recover any damages for action taken pursuant to any order of the Building Official or because of compliance by such person with any order of the Building Official.

(S.C. Code § 31-15-70) (Ord. 35-19, passed 1-14-20)

   The Building Official is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including the following powers in addition to others granted in this subchapter and Code of Ordinances:

   (A)   To investigate the dwelling conditions in order to determine which dwellings therein are unfit for human habitation;

   (B)   To administer oaths and affirmations, examine witnesses and receive evidence;

   (C)   To enter upon premises in accordance with Chapter 40: Duties and Powers of Code Officials for the purpose of making examinations, provided such entries be made in such manner as to cause the least possible inconvenience to the persons in possession;

   (D)   To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this subchapter;

   (E)   To delegate any of his or her functions and powers under this subchapter to such officers and agents as he or she may designate;

   (F)   To issue building permits for repairs to the dwelling;

   (G)   To revoke a certificate of occupancy;

   (H)   To secure the dwelling to prevent entry;

   (I)   To authorize temporary repairs or safeguards to make the dwelling more safe or temporarily fit for human habitation while permanent repairs are made; and

   (J)   To rescind or dismiss orders in whole or in part after the dwelling is rendered fit for human habitation following repairs.

(S.C. Code § 31-15-80) (Ord. 35-19, passed 1-14-20)

   If a dwelling is removed or demolished by order of the Building Official, he or she shall attempt to sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition. Any balance remaining shall be deposited in the circuit court by the Building Official, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court.

(S.C. Code § 31-15-90) (Ord. 35-19, passed 1-14-20)

   (A)   After an order to vacate a dwelling, or any portion thereof, has been issued by the Building Official and posted on the dwelling in accordance with this subchapter, it shall be unlawful to:

      (1)   Reside in such dwelling or the portion ordered vacated;

      (2)   Enter the dwelling or the portion ordered vacated except with the prior written authorization of the Building Official to perform repairs or demolish the structure. No such person shall reside in the dwelling or the portion ordered vacated; and

      (3)   Rent or lease the dwelling or portion ordered vacated or otherwise allow any other person to use the dwelling or portion ordered vacated;

      (4)   To remove, deface, or tamper with any complaint, order or other notice posted by the Building Official pursuant to this subchapter;

      (5)   To re-connect or attempt to re-connect any utility services terminated by the Building Official; or

      (6)   To otherwise interfere with the enforcement of this subchapter by the Building Official, public safety, or any agent of the city.

   (B)   These provisions remain in effect during the appeal of the Building Official’s order to the Construction and Fire Board of Adjustments and Appeals.

(Ord. 35-19, passed 1-14-20)

   If the owner or any person occupying the dwelling fails to comply with an order to vacate and close the dwelling, or any portion thereof, the Building Official may contact any utility company serving the premises and direct the utility company to discontinue service to the dwelling, or any portion thereof, until further notice from the city. The Building Official shall notify the occupants of the dwelling of the intent to terminate utility services by posting a notice of same at the dwelling and, if possible, by providing the occupants in-person notice.

(Ord. 35-19, passed 1-14-20)

   (A)   If the Building Official determines that a dwelling, or any portion thereof, presents an imminent danger to the life or health of the occupants, or is in imminent danger of failure or collapse, or when any dwelling or part of any dwelling has collapsed, failed, or fallen, or any other grounds referenced in Section 109 of the most current adopted International Property Maintenance Code, the Building Official is hereby authorized and empowered to immediately order and require the occupants to vacate the dwelling, or any portion thereof. Upon a finding of imminent danger, the Building Official will cause to be posted at each entrance to such dwelling, a notice reading: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”

   (B)   Upon a finding of imminent danger, and after posting the notice required by this section, as well as a notice of intent to terminate utility services, and, if possible, notifying the occupants in person, the Building Official may also contact any utility company serving the premises and direct the utility company to discontinue service to the dwelling, or any portion thereof, until further notice from the city.

   (C)   Following an emergency order under this section, the Building Official shall undertake to notify the owner and occupants of the dwelling of the emergency order in writing as soon as practical thereafter and shall schedule the hearing required under this subchapter at the earliest convenience of the owner.

(Ord. 35-19, passed 1-14-20)

   Nothing in this subchapter shall be construed to abrogate or impair the powers of the Building Official or the city to enforce any provisions of the city’s ordinances, or to prevent or punish violations thereof, and the powers conferred by this subchapter shall be in addition and supplemental to the powers conferred by any other law.

(S.C. Code § 31-15-120) (Ord. 35-19, passed 1-14-20)

   (A)   Established. There is hereby established the Office of Building Official. The Building Official shall be appointed by and shall serve at the pleasure of the Mayor. He or she shall be responsible for enforcement of the technical codes adopted in this chapter, except the electrical code which shall be enforced by the Electrical Inspector.

   (B)   Duties.

      (1)   The Building Official is hereby appointed to administer and implement the provisions of this chapter.

(`95 Code, § 5-4-14)

      (2)   Duties of the Building Official shall include, but not be limited to:

         (a)   Review all development permits to assure that the permit requirements of this chapter have been satisfied;

         (b)   Advise the permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of the permits be provided and maintained on file with the development permit;

         (c)   Notify adjacent communities and the State Coastal Council prior to any alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Emergency Management Agency;

         (d)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;

         (e)   Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved buildings, in accordance with § 152.41; and

         (f)   Verify that the height; lot coverage; heated square footage; setbacks from property lines and setbacks from the SCDES critical line, and SCDES baseline are met. The Building Official shall require as- built certification in the form of a site plan from a registered professional surveyor, engineer, or architect that any new or substantially improved structure meets the applicable zoning requirements prior to the issuance of a certificate of occupancy (C.O.).

         (g)   Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been flood-proofed, in accordance with § 152.41.

            1.   In coastal hazard areas, certification shall be obtained from a registered professional engineer or architect that the buildings is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.

            2.   In coastal high hazard areas, the Building Official shall review plans for adequacy of breakaway walls in accordance with § 151.26.

            3.   When floodproofing is utilized for a particular building, the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with § 151.26.

            4.   Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Building Official shall make the necessary interpretation as provided in this chapter. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.

            5.   When base flood elevation data or floodway data have not been provided in accordance with § 151.07, then the Building Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of § 151.25.

            6.   Before a certificate of occupancy is issued for the structure, the Building Official shall inspect the premises to assure that the requirements of this chapter have been met.

            7.   All records pertaining to the provisions of this chapter shall be maintained in the Office of the Building Official and shall be open for public inspection.

(`95 Code, § 5-4-16) (Am. Ord. 37-16, passed 1-10-17; Am. Ord. 12-19, passed 2-11-19; Am. Ord. 001-25, passed 2-11-25)

   Any person aggrieved by a decision of the Building Official may appeal the decision to the Construction and Fire Board of Adjustments and Appeals.

(`95 Code, § 5-3-2) (Am. Ord. 85-24, passed 12-3-85; Am. Ord. 34-16, passed 11-8-16)

   If the city determines that the project is not being carried out in accordance with the approved plan, or that any project subject to this chapter is being carried out without approval, the Building Official, after notifying the City Council in writing, is authorized to:

   (A)   Issue a stop-work order directing the applicant or owner to cease and desist all or any portion of the work which violates the provisions of this chapter;

   (B)   Issue written notice to the owner specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within a reasonable specified time; and/or

   (C)   Should the applicant or owner not bring the project into compliance with the written notice and stop-work order, he or she shall then be subject to immediate revocation of his or her building permit and to the penalties described in § 10.99.

(`95 Code, § 5-8-27) (Am. Ord. 35-19, passed 1-14-20)