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Pawleys Island City Zoning Code

ARTICLE 9

- BUILDINGS AND BUILDING REGULATIONS2


Footnotes:
--- (2) ---

State Law reference— Enforcement of building codes by local governments, S.C. Code 1976, § 6-9-2010; codes applicable to building inspections, S.C. Code 1976, § 6-9-130; building codes amendment procedure, S.C. Code Reg. 8-240; qualifications for building codes amendments, S.C. Code Reg. 8-245; local adoption of building codes, S.C. Code Reg. 8-265; dwellings unfit for human habitation, S.C. Code 1976, § 31-15-10 et seq.; municipality may not enforce national building code provisions regulating farm structures, S.C. Code 1976, § 6-9-1965(B); municipal responsibility to enforce barrier-free building design standards, S.C. Code Reg. 19-400.3(B).


9-1.- Contractor hours of operation.

9-1.1

The erection, excavation, demolition, alteration or repair of any building in a residential or business district, other than between the hours of 7:00 a.m. and 6:00 p.m., seven days per week, other than in cases of urgent necessity in the interest of public safety, and then only with a permit from the chief of police, shall be prohibited. This section is established for all subcontractors, general contractors and residential homebuilders, and any and all persons working on their behalf.

9-1.2

Any person willfully failing, refusing or neglecting to comply with this section, shall, in addition to any other remedy prescribed in the ordinances of the town, be issued a citation in which a possible penalty of a maximum of $200.00 may be assessed for each offense, with each and every day of violation being a separate and distinct offense. Upon failure to pay said penalty, a civil action may be initiated to enforce collection of the same.

(Ord. No. 2005-02, 2-14-2005)

9-2. - Building codes board of appeals.

9-2.1

Created. The building codes board of appeals is hereby established.

9-2.2

Duties of the building code board of appeals.

(A)

Review responsibility for code update. The building code board of appeals shall review and propose amendments to all codes for construction adopted by the town, including, but not limited to, the International Building Codes and International Residential Codes, and shall, within 60 days of receipt of proposed amendments, if they are not adopted by ordinance, recommend in part or total, such amendments to the town council for final determination.

(B)

Appeals. The board shall hear appeals to the decisions of the building official in the manner specified by the building code and the board's by-laws on the building codes. Decisions of the board may be appealed to the circuit court.

9-2.3

Requirements of a member of the building code board of appeals.

(A)

Knowledge of technical codes, design professionals, building industry (3), members representing the public.

(B)

The board shall meet as deemed necessary.

(C)

No officer or employee or member of the building code board of appeals, charged with the enforcement of this code, acting for the town in the discharge of his duties, shall thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may occur to person or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee, because of any act performed by him in the enforcement of any provision of this code, shall be defended by the town until the final termination of the proceedings.

(Ord. No. 2004-04, 8-9-2004; Ord. of 11-00-2009)

9-3. - Contractor registration.

9-3.1

Purpose of article.

(A)

The town council finds it necessary to adopt an ordinance stating that there be mandatory town contractor registrations for all contractors conducting business within the town. Contractors required to be registered will include all subcontractors, general contractors and residential homebuilders that are required to be licensed or registered by the South Carolina Labor, Licensing and Regulation Board. An application fee, registration fee and contractor decal fee as set forth in section 9-3.2 shall be paid prior to the commencement of any construction work in the town. Contractor registrations are not required for jobs less that $200.00.

(B)

All town contractor registrations shall be renewed prior to July 1 of each year. Registration shall be made with the county and such registration shall be acceptable to the town.

9-3.2

Fees. Fees shall be as established from time to time.

9-3.3

Enforcement. The building official shall enforce all regulations set forth in the section.

9-3.4

Penalties.

(A)

Any contractor who fails to comply with the registration requirements of this article shall be charged double for the contractor registration fee as set forth in this article. A person who knowingly violates the provisions of this section shall be guilty of a misdemeanor and upon conviction, be fined $200.00 per day.

(B)

A late renewal fee of $25.00 shall be charged for renewals received after the expiration date.

(C)

Any state licensed contractor or homeowner who hires an unregistered contractor shall be fined $100.00 and a stop work order issued until the contractor is registered or a legal county contractor is employed.

(D)

Fines shall be enforced through a town ordinance summons or such other ordinance summons as the town may deem appropriate from time to time.

(Ord. No. 2004-05, §§ 1.0—4.0, 8-9-2004)

9-4. - Moving of housing structures.

9-4.1

Permit required to move house.

(A)

It shall be unlawful for any person to move a house or modular home without first obtaining a permit to do so from the town's police department. The application fee for said permit is $100.00 and the application must specify the date of the move of said house.

(B)

If the party fails to move said structure on the date specified on the permit, the $100.00 is forfeited. If the party wishes to move the house on a different day, he must reapply for the permit and pay an additional $100.00.

(C)

It shall be the applicant's responsibility to coordinate the move with any utility company whose overhead lines may be affected and to so advise the town police department.

(D)

In addition, a bond must be secured in the amount of $5,000.00, payable to the town, to cover potential damages associated with the move. Evidence of this bond must be presented with the permit application.

(E)

No house moves will be permitted during the months of April through September of each and every year. This subsection does not pertain to modular homes.

(F)

Due to the narrow roadways in the town, and to ensure emergency vehicle access to all parts of the island, no load may exceed 14 feet in width.

9-4.2

Penalty. Whoever violates the terms of this article shall be deemed guilty of a misdemeanor and subject to a maximum fine of $500.00 and/or imprisonment for a term not to exceed 30 days.

(Ord. No. 2007-10, 9-10-2007)