An Ordinance

Transcription

NoAN ORDINANCEAN ORDINANCE TO COMPLY WITH THE REGULATIONS PROMULGATED BY THESOUTH CAROLINA BUILDING CODES COUNCIL BY REPEALING ORDINANCENUMBER 4801 AND ADOPTING THE ADMINISTRATIVE PROVISIONS (CHAPTER 1) OFTHE VARIOUS CODES PROMULGATED BY THE SOUTH CAROLINA BUILDING CODESCOUNCIL RELATING TO DESIGN REVIEW AND INSPECTION ACTIVITIES OF THECOUNTY OF GREENVILLE AND ENFORCEMENT OF BUILDING PROVISIONS ASPROVIDED IN SAID CODES; AND, AN ORDINANCE TO ADOPT THE INTERNATIONALPROPERTY MAINTENANCE CODE, THE INTERNATIONAL SWIMMING POOL AND SPACODE AND INTERNATIONAL EXISTING BUILDING CODE IN GREENVILLE COUNTYAS AUTHORIZED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL; AND TOADOPT CERTAIN APPENDICES OF THE ADOPTED CODES TO RECOGNIZE CERTAINVARIATIONS IN THE CODES BASED ON PHYSICAL CONDITIONS FOUND WITHINGREENVILLE COUNTY; (SC Code Ann. §6-9-80)BE IT ORDAINED BY THE GREENVILLE COUNTY COUNCIL:Section 1. Findings. Greenville County Council finds that in order to maintain current and validcodes that it is desirable to adopt Chapter 1, administrative provisions, of the various InternationalCodes relating to Building, Energy Conservation, Fire, Fuel Gas, Mechanical, Plumbing, andResidential Code for One and Two Family Dwellings; and further to adopt the administrativeprovisions for implementation of enforcement of the National Electrical Code 2017 Edition (NFPA 70NEC)Further, it is desirable to adopt, in all respects, the International Property Maintenance Code, theInternational Swimming Pool and Spa Code and the International Existing Building Code in theirentirety, and other pertinent Appendices, known as Appendix “F” Radon Control Methods, of theResidential Code for One and Two Family Dwellings. The Council further finds that the adoption ofthese Codes and provisions will facilitate proper design review and inspection activities by GreenvilleCounty relating to construction and maintenance of buildings within the County and will promotepublic safety, health and general welfare. This action is concurrent with the findings and directives ofthe South Carolina Building Codes Council and the South Carolina Legislature.Section 2. Code Adoption. The following Codes are hereby adopted by reference as though they werefully copied herein; and amended as shown; and pertinent Sections supplied with local information asrequired:(a)South Carolina Building Code - 2018 Edition, in its entirety together with the followingChapter 1 Section revisions:Section 101 General:Section 101.1: Title. These regulations shall be known as the Building Code of The County ofGreenville, SC, hereinafter referred to as ―this code.‖

Section 109 Fees:Section 109.2.2 Fee ScheduleThe fees for work shall be in accordance with the schedule as established by the applicable governingauthority.Section 109.4 Work Commencing Before Permit Issuance. Any person who commences any workon a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessarypermits shall be subject to an additional fee equal to the permit fee established by the jurisdiction thatshall be in addition to the required permit fees.Section 113 Board of Appeals:Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations madeby the building official relative to the application and interpretation of this code, there shall be and ishereby created a board of appeals. The board of appeals shall be appointed by the governing body andshall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.The application of appeal shall be filed on a form obtained from the code official within 20 days afterthe notice was served. (GC Ord. 4475)Section 114 Violations:Section 114.4: Violation Penalties. Any person who violates a provision of this code or fails tocomply with any of the requirements thereof or who erects, constructs, alters or repairs a building orstructure in violation of the approved construction documents or directive of the building official, or ofa permit or certificate issued under the provisions of this code, shall be subject to penalties as listedbelow.(1) Any person found to be in violation of the Building Code or failing to comply with any of therequirements thereof may be cited and fined, by civil fine, an amount not more than two hundreddollars. Before being charged with a second violation, the person must be given seven calendar days toremedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and fined, by civil fine, an amount not to exceed two thousand dollars. Each day aviolation continues is a separate offense.(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. A personmay pay the fine or request a hearing before the Magistrate within 10 days of receipt of the citation.The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civil penaltyafter hearing evidence presented at the hearing.

(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.Section 115 Stop Work Order:Section 115.3 Unlawful Continuance. Any person who shall continue any work after having beenserved with a stop work order except such work as that person is directed to perform to remove aviolation or unsafe condition, shall be subject to those penalties as provided for in Section 114.4.Section 1612.3: Establishment of Flood Hazard Areas. To establish flood hazard areas, theapplicable governing body authority shall adopt a flood hazard map and supporting data. The floodhazard map shall include, at a minimum, areas of special flood hazard as identified by the FederalEmergency Management Agency in an engineering report entitled ―The Flood Insurance Study for theunincorporated areas of Greenville County, South Carolina, dated August 18, 2014‖ and further to anyareas of special flood hazard established and accepted by the County that utilize the Department ofHomeland Security – Federal Emergency Management Agency, National Flood Insurance Program(DHS-FEMA NFIP) detailed flood study standards or better, as amended or revised with theaccompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM)and related supporting data along with any revisions thereto. The adopted flood hazard map andsupporting data are hereby adopted by reference and declared to be part of this section. (GC Ord. No.4631)Chapter 35 Referenced StandardsICC A117.1 – 17 edition in its entirety(b) International Energy Conservation Code – 2009 Edition, together with the following Chapter1 Section revisions:Section 101 Scope and General Requirements:Section 101.1: Title. These regulations shall be known as the Energy Conservation Code of theCounty Of Greenville, SC, and shall be cited as such. It is referred to herein as ―this code.‖108.4 Violation Penalties. Any person who violates a provision of this code or fails to comply withany of the requirements thereof shall be subject to penalties as listed below.(1) Any person found to be in violation of the Energy Conservation Code or failing to comply with anyof the requirements thereof may be cited and fined, by civil fine, an amount not more than two hundreddollars. Before being charged with a second violation, the person must be given seven calendar days toremedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and fined, by civil fine, an amount not to exceed two thousand dollars. Each day a

violation continues is a separate offense.(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. A personmay pay the fine or request a hearing before the Magistrate within 10 days of receipt of the citation.The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civil penaltyafter hearing evidence presented at the hearing.(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.Section 109 Board of Appeals:109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by thecode official relative to the application and interpretation of this code, there shall be and is herebycreated a board of appeals. The code official shall be an ex officio member of said board but shall haveno vote on any matter before the board. The board of appeals shall be appointed by the governing bodyand shall hold office at its pleasure. The board shall adopt rules of procedure for conducting itsbusiness, and shall render all decisions and findings in writing to the appellant with a duplicate copy tothe code official. The application of appeal shall be filed on a form obtained from the code officialwithin 20 days after the notice was served. (GC Ord. 4475)(c) International Existing Building Code – 2018 Edition in its entirety with the following Chapter1 Section revisions:Section 101 General:Section 101.1. Title: These regulations shall be known as the Existing Building Code of the CountyOf Greenville, SC, and shall be cited as such and will be referred to here in as ―this code.‖Section 108 Fees:108.1 Fee Schedule:The fees for work shall be in accordance with the schedule as established by the applicable governingauthority.Section 108.4 Work Commencing Before Permit Issuance. Any person who commences any workon a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessarypermits shall be subject to an additional fee equal to the permit fee established by the jurisdiction thatshall be in addition to the required permit fees.Section 112 Board of Appeals:

112.1 General.In order to hear and decide appeals of orders, decisions or determinations made by the code officialrelative to the application and interpretation of this code, there shall be and is hereby created a board ofappeals. The code official shall be an ex officio member of said board but shall have no vote on anymatter before the board. The board of appeals shall be appointed by the governing body and shall holdoffice at its pleasure. The board shall adopt rules of procedure for conducting its business, and shallrender all decisions and findings in writing to the appellant with a duplicate copy to the code official.The application of appeal shall be filed on a form obtained from the code official within 20 days afterthe notice was served. (GC Ord. 4475)Section 113 Violations:Section 113.4: Violation Penalties.113.4 Violation Penalties. Any person who violates a provision of this code or fails to comply withany of the requirements thereof or who repairs or alters or changes the occupancy of a building orstructure in violation of the approved construction documents or directive of the code official or of apermit or certificate issued under the provisions of this code shall be subject to the penalties as listedbelow:(1) Any person found to be in violation of the Existing Building Code or failing to comply with any ofthe requirements thereof may be cited and assessed, by civil penalty, an amount not more than twohundred dollars. Before being charged with a second violation, the person must be given sevencalendar days to remedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and assessed, by civil penalty, an amount not to exceed two thousand dollars. Eachday a violation continues is a separate offense.(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. Aperson, may pay the fine or request a hearing before the Magistrate within 10 days of receipt of thecitation. The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civilpenalty after hearing evidence presented at the hearing.(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.

Section 114.3: Stop Work Orders - Unlawful Continuance. Any person who shall continue anywork after having been served with a stop work order except such work as that person is directed toperform to remove a violation or unsafe condition, shall be subject to those penalties as provided for inSection 113.4.Section 117 Demolition:Section 117.3 Failure to Comply. If the owner of a premises fails to comply with a demolition orderwithin the time prescribed, the code official shall cause the structure to be demolished and removed,either through an available public agency or by contract or arrangement with private persons, and thecost be charged against the real estate upon which the structure is located and shall be a lien upon suchreal estate and shall be collected in the same manner as County taxes are collected.Section 1301.2: Applicability. Structures existing prior to 1 November 1972 in which there is workinvolving additions, alterations or changes of occupancy shall be made to conform to the requirementsof this chapter or the provisions of Chapters 5 through 13. The provisions of Chapters 5 through 13.The provisions of Sections 1402.1 through 1401.2.5 shall apply to existing occupancies that willcontinue to be, or are proposed to be, in Groups A, B, E, F, I2, M, R and S. These provisions shall notapply to buildings with occupancies in Group H or I-1, I-3, or I-4.(d) South Carolina Fire Code – 2018 Edition in its entirety together with the following Chapter 1Section revisions:Section 101 Scope and General Requirements:Section 101.1. These regulations shall be known as the Fire Code of the County of Greenville, SC,hereinafter referred to as ―this code.‖Section 105.6 Operational PermitsDeletes Section 105.6.1 through 105.6.50 in their entiretySection 106 Fees:106.1 Fee Schedule: The fees for work shall be in accordance with the schedule as establishedby the applicable governing authority.Section 108 Board of Appeals:108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions ordeterminations made by the fire code official relative to the application and interpretation of this code,there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by thegoverning body and shall hold office at its pleasure. The fire code official shall be an ex officio memberof said board but shall have no vote on any matter before the board. The board shall adopt rules ofprocedure for conducting its business, and shall render all decisions and findings in writing to theappellant with a duplicate copy to the fire code official. The application shall be filed on a formobtained from the code official within 20 days after the notice was served. . (GC Ord. 4475)

Section 109 Violations:109.4 Violation Penalties. Any person who violates a provision of this code or fails to comply withany of the requirements thereof or who shall erect, install, alter, repair or do work in violation of theapproved construction documents or directive of the fire code official or of a permit or certificateissued under the provisions of this code shall be subject to the penalties as listed below:(1) Any person found to be in violation of the Fire Code or failing to comply with any of therequirements thereof may be cited and assessed, by civil penalty, an amount not more than twohundred dollars. Before being charged with a second violation, the person must be given sevencalendar days to remedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and assessed, by civil penalty, an amount not to exceed two thousand dollars. Eachday a violation continues is a separate offense.(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. A personmay pay the fine or request a hearing before the Magistrate within 10 days of receipt of the citation.The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civil penaltyafter hearing evidence presented at the hearing.(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.Section 111 Stop Work Order:Section 111.4 Failure to Comply. Any person who shall continue any work after having been servedwith a stop work order, except such work as that person is directed to perform to remove a violation orunsafe condition, shall be subject to those penalties as provided for in Section 109.4Section 113.3 Work Commencing Before Permit Issuance. Any person who commences any workon, activity or operation regulated by this code before obtaining the necessary permits shall be subjectto an additional fee equal to the permit fee as established by the governing authority that shall be inaddition to the required permit fees.Section 1103.5.3 Group I2, Condition 2:In addition to the requirements of Section 1103.5.2, existing buildings of GroupI-2 Condition 2occupancy shall be equipped throughout with an approved automatic sprinkler system in accordancewith Section 903.3.1.1. The automatic sprinkler system shall be installed if building is altered, orrepaired with a cost of 50% of the buildings appraised or tax value, or when buildings footprint isincreased.

Section 5704.2.9.6.1 Locations Where Above-ground Tanks are Prohibited. Storage of Class I andII liquids in above-ground tanks outside of buildings is prohibited within the limits established by eachlocal fire department, as the limits of districts in which such storage is prohibited.Section 5706.2.4.4 Locations Where Above-ground Tanks are Prohibited. The storage of Class Iand II liquids in above-ground tanks is prohibited within the limits established by each local firedepartment, as the limits of districts in which such storage is prohibited.Section 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside ofbuildings is prohibited within the limits established by each local fire department as the limits ofdistricts in which such storage is prohibited.Section 6104.2 Maximum Capacity within Established Limits. Within the limits established by lawrestricting the storage of liquefied petroleum gas for the protection of heavily populated or congestedareas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons(7570 L).Exception: In particular installations, this capacity limit shall be determined by the local firedepartment, after consideration of special features such as topographical conditions, nature ofoccupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fireprotection to be provided and capabilities of the local fire department.(e)South Carolina Fuel Gas Code –2015 Edition, in its entirety together with the followingChapter 1 Section revisions:Section 101 General:Section 101.1: Title. These regulations shall be known as the Fuel Gas Code of the County ofGreenville, SC, hereinafter referred to as ―this code.‖Section 106 Permits:106.6.2 Fee Schedule. The fees for work shall be in accordance with the schedule as established bythe applicable governing authority.106.6.3 Fee Refunds. The Building Official is authorized to establish a refund policy.Section 108 (IFGC) Violations:108.4 Violation Penalties. Any persons who shall violate a provision of this code, fail to comply withany of the requirements thereof or erect, install, alter or repair work in violation of the approvedconstruction documents or directive of the code official, or of a permit or certificate issued under theprovisions of this code, shall be subject to those penalties listed below:

(1) Any person found to be in violation of the Fuel Gas Code or failing to comply with any of therequirements thereof may be cited and assessed, by civil penalty, an amount not more than twohundred dollars. Before being charged with a second violation, the person must be given seven calendardays to remedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and assessed, by civil penalty, an amount not to exceed two thousand dollars. Eachday a violation continues is a separate offense. (SC Code Ann. §6-9-80)(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. A personmay pay the fine or request a hearing before the Magistrate within 10 days of receipt of the citation.The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civil penaltyafter hearing evidence presented at the hearing.(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.Section 108.5: Stop Work Orders. Upon notice from the code official that work is being donecontrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediatelycease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent,or the person doing the work. The notice shall state the conditions under which work is authorized toresume. Where an emergency exists, the code official shall not be required to give a written notice priorto stopping the work. Any person who shall continue any work on the system after having been servedwith a stop work order, except such work as that person is directed to perform to remove a violation orunsafe condition, shall be subject to those penalties as provided for in Section 108.4.SECTION 109 (IFGC) MEANS OF APPEAL:109.1:Application for Appeal. A person shall have the right to appeal a decision of the code officialto the board of appeals. An application for appeal shall be based on a claim that the true intent of thiscode or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of thiscode do not fully apply or an equally good or better form of construction is proposed. The applicationshall be filed on a form obtained from the code official within 20 days after the notice was served.109.1.1 Board of appeals established:In order to hear and decide appeals of orders, decisions or determinations made by the fire code officialrelative to the application and interpretation of this code, there shall be and is hereby created a boardof appeals. The board of appeals shall be appointed by the governing body and shall hold office at itspleasure. The fire code official shall be an ex officio member of said board but shall have no vote onany matter before the board. The board shall adopt rules of procedure for conducting its business, andshall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code

official. The application shall be filed on a form obtained from the code official within 20 days after thenotice was served. (GC Ord. 4475)(f) South Carolina Mechanical Code – 2018 Edition, in its entirety together with the followingChapter 1 Section revisions:Section 101 Scope and Application:Section 101.1: Title. These regulations shall be known as the Mechanical Code of the County OfGreenville, SC, hereinafter referred to as ―this code.‖Section 106.6 Fees:Section 106.6.2 Fee Schedule. The fees for mechanical work shall be in accordance with theschedule as established by the governing authority.106.6.3 Fee Refunds. The Building Official is authorized to establish a refund policy.Section 108 Violations:108.4 Violation Penalties. Any person who shall violate a provision of this code or shall fail tocomply with any of the requirements thereof or who shall erect, install, alter or repair mechanical workin violation of the approved construction documents or directive of the code official, or of a permit orcertificate issued under the provisions of this code, shall be subject to those penalties listed below:(1) Any person found to be in violation of the Mechanical Code or failing to comply with any of therequirements thereof may be cited and assessed, by civil penalty, an amount not more than two hundreddollars. Before being charged with a second violation, the person must be given seven calendar days toremedy the violation or submit an acceptable plan for correcting the violation.(2) A person who fails to correct a violation or fails to comply with any of the requirements thereof andhas not submitted a plan for correcting a violation within seven calendar days after citation or writtennotice may be cited and assessed, by civil penalty, an amount not to exceed two thousand dollars. Eachday a violation continues is a separate offense. (SC Code Ann. §6-9-80)(3) An official authorized by Greenville County may deliver a civil citation to a person who violates theprovisions of this Code. The civil citation shall include the name and address of the violator; the natureof the violation; the location and time the violation occurred; and the amount of the civil fine. A personmay pay the fine or request a hearing before the Magistrate within 10 days of receipt of the citation.The Magistrate will schedule a hearing and may waive, reduce, or order payment of the civil penaltyafter hearing evidence presented at the hearing.(4) When the fine has not paid as ordered by the Court, the Magistrate must hold a hearing to requirethe violator to show cause why his default should not be treated as a civil judgment and a judgment lienattached.

Section 108.5: Stop Work Orders. Upon notice from the code official that work is being donecontrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediatelycease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent,or the person doing the work. The notice shall state the conditions under which work is authorized toresume. Where an emergency exists, the code official shall not be required to give a written notice priorto stopping the work. Any person who shall continue any work on the system after having been servedwith a stop work order, except such work as that person is directed to perform to remove a violation orunsafe condition, shall be subject to those penalties as provided for in Section 108.4.109.1 Application for Appeal. A person shall have the right to appeal a decision of the code official tothe board of appeals. An application for appeal shall be based on a claim that the true intent of this codeor the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code donot fully apply or an equally good or better form of construction is proposed. The application shall befiled on a form obtained from the code official within 20 days after the notice was served.109.1.1 General.In order to hear and decide appeals of orders, decisions or determinations made by the building officialrelative to the application and interpretation of this code, there shall be and is hereby created a board ofappeals. The board of appeals shall be appointed by the governing body and shall hold office at itspleasure. The board shall adopt rules of procedure for conducting its business. The application ofappeal shall be filed on a form obtained from the code official within 20 days after the notice wasserved. (GC Ord. 4475)(g) South Carolina Plumbing Code – 2018 Edition, in its entirety together with the followingChapter 1 Section revisions:Section 101: Scope and Administration:Section 101.1: Title. These re

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure.