(A) Area of applicability. This chapter shall affect all unincorporated areas of the town, unless this chapter is adopted by an incorporated area, excluding any parcels of land owned by the state or the federal government, and any buildings and installations thereon unless duly requested or required by law.
(B) General. Where, in any specific case, different sections of this chapter specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(C) Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
(D) Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter.
(E) Referenced codes and standards.
(1) The codes and standards referenced in this chapter shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and referenced codes and standards, the provisions of this chapter shall apply.
(2) Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.
(F) Partial invalidity. In the event that any part or provision of this chapter is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(G) Existing structures.
(1) The legal occupancy of any structure existing on the date of adoption of this chapter shall be permitted to continue without change, except as is specifically covered in this chapter or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
(2) Existing installations. Building systems lawfully in existence at the time of the adoption of this chapter shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created by such system.
(H) Maintenance. All building systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this chapter shall be maintained in compliance with the code edition under which they were installed.
(1) Maintenance of safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this chapter or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with the chapter and applicable referenced standards, in effect on the date permitted or if done without permits at the time of installation.
(2) Testing and operation. Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this chapter.
(a) Test and inspection records. Required test and inspection records shall be available to the Building Official at all times.
(b) Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this chapter.
(3) Supervision. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this chapter.
(4) Rendering equipment inoperable. Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
(5) Owner/occupant responsibility. Correction and abatement of violations of this chapter shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this chapter, the occupant shall be held responsible for the abatement of such hazardous conditions.
(6) Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The Building Official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.
(I) Additions, alterations, or repairs. Additions, alterations or repairs to any structure or building systems shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of this chapter, unless otherwise stated. Additions, alterations, or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. See division (L) of this section concerning substantial improvements.
(J) Historic buildings.
(1) The provisions of this chapter relating to the construction, alteration, repair, enlargement restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and/or classified by the federal, state or local jurisdiction as historic buildings when such buildings or structures are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation, change of occupancy, or moving of buildings.
(2) HISTORIC BUILDINGS are defined as:
(a) Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places;
(b) Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district;
(c) Designated as historic under a state or local historic preservation program that is approved by the Department of Interior; or
(d) Individually listed on a local inventory of historical places that has been certified by the South Carolina Department of Archives and History.
(K) Moved buildings. Buildings and/or structures and their components moved into or within the jurisdiction shall comply with the provisions of this chapter for new installations.
(L) Substantially improved or substantially damaged existing buildings and structures. The Building Official shall examine or cause to be examined the construction documents for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures, and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin and/or improvement to a building or structure, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition and/or cost of any improvements. If the Building Official finds that the value of proposed work equals or exceeds 50% of the fair market value of the building or structure, the entire building or structure shall be brought into compliance with all applicable codes.
(M) Change in occupancy. It shall be unlawful to make a change in the occupancy of any structure which will subject the structure to any special provision of this chapter applicable to the new occupancy without approval. The Building Official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare.
(N) Requirements not covered by this chapter. Requirements necessary for the strength, stability or proper operation of an existing or proposed building or structure and its components, or for the public safety, health and general welfare, not specifically covered by this chapter, shall be determined by the Building Official.
(Ord. 2016-14, passed 1-19-2017) Penalty, see § 150.99