S.C. Code § 23-43-10
Short title
This chapter may be cited as The South Carolina Modular Buildings Construction Act.
South Carolina Code Title 23, Chapter 43 — Modular Buildings Construction Act
South Carolina · statute · S.C. Code tit. 23, ch. 43 · 19 active provisions
S.C. Code § 23-43-20
Definitions
As used in this chapter: (1) "Council" means the South Carolina Building Codes Council as established by Section 6-9-60. (2) "Modular building unit" means any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site i…
S.C. Code § 23-43-30
Policy and purpose
It is the policy and purpose of this State to provide protection to the public against possible hazards and to promote sound building construction and for that purpose to forbid the sales, rental, and use of new modular building units which are not so constructed as to provide safety and protection to their owners and…
S.C. Code § 23-43-40
Promulgation of regulations
The council may promulgate regulations for the proper enforcement and implementation of this chapter. Promulgated regulations must incorporate the codes enumerated in Section 6-9-50.
S.C. Code § 23-43-60
Building Code Council to hear appeals; variances
The council shall hear appeals and approve or disapprove requested variances from this chapter's provisions. Variances are limited to those instances which are ruled to be equivalent or meet the intent of this chapter. The basis of the decision must be published with the variance order.
S.C. Code § 23-43-70
Publication of standards
The council shall have printed all regulations prescribing standards for modular building units, and they must be furnished upon request to the public.
S.C. Code § 23-43-80
Certification by South Carolina Building Codes Council
Modular buildings must be certified by the council, as complying with this chapter and the regulations promulgated by authority of this chapter, if they have been manufactured in accordance with approved building systems and passed inspection in accordance with an approved compliance assurance program in Section 23-43-…
S.C. Code § 23-43-85
Standards for placement of modular homes; display models
(A) A single-family modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State: (1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run; (2) Eave projections. The…
S.C. Code § 23-43-90
Family residential modular building; final plan review; commercial or multifamily modular buildings
(A) An approved inspection agency shall perform final plan review and approval, inspection, and certification of a single family residential modular building. Upon final plan review and approval by an approved inspection agency of a plan as meeting the requirements of this chapter and the regulations of the council, a…
S.C. Code § 23-43-100
Effect of certification; responsibilities of local enforcement agencies
Modular building units certified pursuant to this chapter are considered to comply with the requirements of all laws, ordinances, and regulations of this State or of local governments which govern the matters within the scope of the approval and certification applicable to modular building units, including those bearin…
S.C. Code § 23-43-110
Certification, suspension or revocation
The council shall suspend or revoke, or cause to be suspended or revoked, the certification of any modular building unit which the council finds not to comply with this chapter or regulations promulgated by authority of this chapter, or which has been manufactured pursuant to a building system or compliance assurance p…
S.C. Code § 23-43-120
Variance orders
The council may upon appeal in specific cases authorize variance from regulations to permit certain specified alternatives where the objectives of this chapter may be fulfilled by other means. The basis of its decision must be incorporated into its variance orders.
S.C. Code § 23-43-130
Reservation of local authority; enforcement by local officials
Modular building units bearing evidence of approval must be acceptable in all localities as meeting the requirements of this chapter and must be considered and accepted equivalent to a site-built structure as meeting the requirements of safety to life, health, and property imposed by any ordinance of any local governme…
S.C. Code § 23-43-150
Sellers of modular building units, licensing requirements
No person may engage in the business of selling wholesale or retail as a manufacturer or manufacturer's representative of modular building units without being licensed by the council. All license applications must be accompanied by the required fee and a surety bond or other security approved by the council and in an a…
S.C. Code § 23-43-160
Establishment of fees for enforcement and implementation of chapter
The council may establish various fees for the proper enforcement and implementation of this chapter. These fees must be established by regulations promulgated by the council in accordance with the Administrative Procedures Act. Fees may be charged to any person engaged in the manufacture, inspection, or installation o…
S.C. Code § 23-43-170
Certification by other states
(A) If the council finds that the standards for the manufacture and inspection of modular building units prescribed by statute or rules and regulations of another state, or other governmental agency, meet the objectives of this chapter and applicable regulations and are enforced satisfactorily by the other state, or ot…
S.C. Code § 23-43-180
Injunctive relief
The council may obtain injunctive relief from an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 to enjoin the sale, delivery, or installation of modular building units or of buildings utilizing such components, for which certification is required under this chapter, upon an affidavit of t…
S.C. Code § 23-43-190
Private suits
Any person in an individual capacity, or on behalf of a class of persons, damaged as a result of a violation of this chapter or applicable regulations has a cause of action in any court of competent jurisdiction against the person to whom the label evidencing certification has been issued with respect to the pertinent…
S.C. Code § 23-43-200
Violations; penalties
Any person violating any of the provisions of this chapter or regulations made by its authority is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars for each violation a day. All funds derived from fines must be deposited in the general fund of the State.