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(A) Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this chapter for which a permit is required, until released by the Building Official.
(B) Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
(C) Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this chapter and the codes referenced herein in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(Ord. 2016-14, passed 1-19-2017) Penalty, § 150.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BURGLAR ALARM SYSTEM. The installation service, maintenance or alteration of a
system that detects intrusion, burglary, and breaking or entering but does not include home health care signaling devices.
EMPLOYEE. A regularly employed, qualified tradespersons on the premises owned or operated by the applicant for a permit.
FIRE ALARM SYSTEM. A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
FIRE SPRINKLER SYSTEM. A system of overhead or underground piping, or both, to protect the interior or exterior of a building or structure from fire where the primary extinguishing agent is water and designed in accordance with fire protection engineering standards. Fire protection sprinkler systems include the following types: water based or wet-pipe systems, water foam systems, dry-pipe systems, preaction systems, residential systems, deluge systems, combined dry-pipe and preaction systems, non-freeze systems, and circulating closed loop systems.
LOW VOLTAGE. A system consisting of an isolating power supply, the low-voltage luminaries, and associated equipment that are all identified for the use. The output circuits of the power supply are rated for not more than 25 amperes and operate at 30 volts (42.4 volts peak) or less under all load conditions.
OWNER. The property owner, owner’s parents, sisters and brothers, children of the owner and owner’s sisters and brothers, and those married to these family members; however, when actual hardship is caused by these limitations, the Building Official may waive these requirements.
SIGN OR OUTDOOR ADVERTISING SIGN. Any outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or
informative contents of which is visible from any place on the main traveled way of any road, street or highway for the purpose of this chapter.
SITE CONSTRUCTION WORK. Work is considered the act or process or altering the natural cover or topography and alters the quality or quantity of stormwater runoff.
SWIMMING POOLS. Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
TOWN CONTRACTOR'S LICENSE. Authorization for a holder of a South Carolina license issued by the South Carolina Contractors' Licensing Board, the South Carolina Residential Builders Commission or the South Carolina Manufactured Housing Board, to contract and/or perform construction work in the town within the limits prescribed by the South Carolina Code of Laws or as established by town ordinance.
TOWN CONTRACTOR'S REGISTRATION. Authorization for a holder of a South Carolina registration issued by the South Carolina Residential Builders Commission or an individual or company that installs, alters or repairs swimming pools, signs, low-volt electrical systems, elevators or landscaping/site development, to contract and/or perform construction work in the town within the limits prescribed by the South Carolina Code of Laws or as established by the town ordinance.
(B) Town license or registration required. Before any person shall engage in the business of construction, alteration or repairs in any building or structure in the town, he or she must obtain a license or registration from the town as required. It shall be the duty of every contractor or builder who shall make contracts for erection or construction or repair of a building for which a permit is required in the town, and every contractor or builder making such contracts and subletting the same or any part thereof, to secure a license or registration as provided herein.
(1) Anyone required to be licensed or registered by the town shall present a copy of his or her state license or registration, if required by state statutes. If the application is satisfactory, a town license or registration shall be issued to the applicant within the limitations of the state license or registration is required by state statutes, or as established by the Construction Board of Adjustment and Appeal and upon payment of the required license and registration fee.
(2) Plumbing and electrical journeymen are limited to working only under a licensed plumber or licensed electrician and shall not be issued permits.
(C) Grounds for revocation; procedure for filing charges. The Construction Board of Adjustment and Appeals may revoke the license or registration of any building contractor who is found guilty of fraud or deceit in obtaining a license or registration, or gross negligence, incompetence, or misconduct in conducting his business as a contractor. Any person, who prefers charges of gross negligence, incompetence, or misconduct against any contractor licensed or registered under the provisions of this division, shall submit such charges in affidavit form and file same with the Secretary of the Construction Board of Adjustment and Appeals.
(D) License identification. All holders of a license or registration in the town shall display a current license or registration identification decal issued by the Building Official. This decal shall be displayed on the left and right sides of work vehicle(s).
(E) Limitations of work by owner. The performance of any kind of construction, alteration, or repair upon any property by the owner thereof shall be contingent on verification by the owner of his or her working knowledge of the kind of construction to be done prior to issuing a permit, such verification to be accomplished by such means as deemed sufficient by the Building Official. In the event the owner does not qualify as to the knowledge required to perform the work, the owner must then have a licensed or registered town contractor secure a permit and do the work.
(F) Residential work by owner. Pursuant to S.C. Code, § 40-59-260 as amended, the following provisions shall apply to homeowners obtaining permits to perform construction-related work on their own homes:
(1) The owner shall do the construction-related work himself, with his own employees, or with town licensed or registered contractors or individuals;
(2) The structure, group of structures, or appurtenances, including the improvements, shall be intended for the owner's sole occupancy or occupancy by the owner's family, and shall not be intended for sale or rent for a minimum of two years after completion or issuance of a certificate of occupancy;
(3) The term “sale” or “rent” includes an arrangement by which an owner received compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property;
(4) The general public shall not have access to this structure;
(5) This section does not exempt a person who is employed by the owner and who acts in the capacity of a builder of any kind;
(6) The homeowner shall personally appear and sign the building permit application and shall provide the Town of James Island with a disclosure statement provided by the Building Official or his designee; and
(7) The owner shall promptly file as a matter of public record a notice with the Register of Mesne Conveyance, indexed under the owner’s name in the grantor’s index, stating that the residential
building or structure was constructed by the owner as an unlicensed builder.
(Ord. 2016-14, passed 1-19-2017) Penalty, see § 150.99
(A) Authority. The provisions of this section are adopted pursuant to “Building Code” by S.C. Code § 31-15-3 in counties and S.C. Code § 6-9-10.
(B) General. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section.
(1) Investigation and filing of a complaint. Whenever it appears to the Building Official (on his own motion) that any dwelling is unfit for human habitation, the Building Official shall, if his preliminary investigation discloses a basis for such charges, 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 designated agent at a place therein fixed not less than ten days nor more than 30 days after the serving of such complaint; that 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Building Official;
(2) Powers of the Building Official. The Building Official may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted:
(a) To investigate the dwelling conditions in the jurisdiction 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 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 deemed necessary to carry out the purposes of this chapter; and
(e) To delegate any of his functions and powers to such officers and agents as he may designate.
(3) Service of complaints or orders; posting and filing copies. Complaints or orders issued by the Building Official pursuant to this chapter shall be served upon persons either personally or by registered mail, but 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 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 the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the dwellings are located. 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 clerk of the county 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.
(4) Determination of Building Official.
(a) That if, after such notice and hearing, the Building Official determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
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 (as determined by the Building Official), requiring 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 (as determined by the Building Official), requiring the owner, within the time specified in the order, to remove or demolish such dwelling;
(b) That, 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; that 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";
(c) That, 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; and
(d) That 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.
(C) Unsafe conditions.
(1) A vacant structure that is not secured against entry is considered an unsafe structure.
(2) The building, structure or portion thereof constitutes a fire hazard having received damage by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by this chapter, for new buildings.
(3) Any accessory structure and exterior appendage or portion of the building or structure, shall be maintained and kept in good repair and sound structural condition and must be securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads must meet the requirements of this chapter.
(4) If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.
(5) The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.
(6) The building, structure or portion thereof has been constructed or maintained in violation of specific requirements of this chapter.
(7) Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance.
(8) The stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the stresses allowed in this chapter for new buildings.
(9) Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, is in disrepair or in a dilapidated or nonworklng condition such that the means of egress could be rendered unsafe.
(10) Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building.
(11) Every inside and outside stair, porch and any appurtenance thereof shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.
(D) Minimum standards.
(1) Windows and doors. Every window and door shall be substantially weather-tight, watertight and rodent-proof, and shall be kept in sound working condition and good repair.
(2) Wood surfaces and masonry joints. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness.
(3) Skirting. Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure.
(4) Floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
(5) Bathroom. Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system.
(6) Bathroom doors. Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose.
(7) Electric lights and outlets. Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet, in kitchens, two separate circuits and controlled lighting outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space shall not be considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one ceiling-mounted or wall-mounted lighting outlet in every bathroom and laundry room there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
(8) Light on public halls and stairways. Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the electrical code of the authority having jurisdiction.
(9) Garbage disposal. Every owner or tenant shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner.
(E) Additional minimum residential standards.
(1) General. No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements.
(a) Sanitary facilities. Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions.
(b) Location of sanitary facilities. All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of 30 square feet (2.8m ) with no dimension less than four feet. (1219 mm). Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed area.
(c) Hot and cold water supply. Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory and tub or shower. All water shall be supplied through an approved distribution system connected to a potable water supply.
(d) Water heating facilities. Every dwelling unit shall have water heating facilities which are property installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120°F (49°C). Such water heating facilities shall be capable of meeting the requirements when the dwelling or dwelling unit heating facilities required under the provisions of this chapter are not in operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by the International Plumbing Code to not less than 120°F (49°C).
(e) Heating facilities. Every dwelling unit shall have permanent heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms. Where a central heating system is not provided, each dwelling unit shall be provided with facilities whereby heating appliances may be connected.
(f) Kitchen facilities. Every dwelling unit shall contain a kitchen equipped with the following minimum facilities:
1. Food preparation surfaces impervious to water and free of defects which could trap food or liquid.
2. Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair.
3. Freestanding or permanently installed cook stove. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited.
4. Mechanical refrigeration equipment for the storage of perishable foodstuffs. Exception: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cook stove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists.
(g) Smoke detector and/or carbon monoxide systems. Every dwelling unit shall be provided with an approved listed detector, installed in accordance with the manufacturer’s recommendations and listing. When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217, single and multiple station smoke detectors.
(2) Minimum requirements for light and ventilation.
(a) Windows.
1. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever wall or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
2. Exception: Where adequate artificial light is provided and controlled by a wall switch.
(b) Ventilation. The total of openable window area in every habitable space shall equal to at least 45% of the minimum window area or shall have other approved, equivalent ventilation. Year round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type air-conditioning units are not included in this exception. Where mechanical year round ventilation is not provided screens over opening must be in good working condition. Every habitable room shall have at least one window or skylight which can be easily opened or such other device as will adequately ventilate the room.
(3) Minimum dwelling space requirements.
(a) Required space in dwelling unit. Every dwelling unit shall contain at least 150 square feet (13.9 m2) of floor space for the first occupant thereof and at least an additional 100 square feet (9.3 m2) of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.
(b) Required space on sleeping rooms. In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet (4.6 m2) of floor space for each occupant thereof.
(c) Minimum ceiling height. Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than seven feet (2134 mm). Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven feet (2134 mm) measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than five feet (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area.
(d) Occupancy of dwelling unit below grade. No basement or cellar space shall be used as a habitable room or dwelling unit unless:
1. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;
2. The total window area in each room is equal to at least the minimum window area size as required;
3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and
4. The total of openable window area in each room is equal to at least the minimum as required, except where some other device affording adequate ventilation is supplied.
(4) Sanitation requirements.
(a) Sanitation. Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof.
(b) Cleanliness. Every tenant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies or which is provided for his particular use.
(c) Extermination. Every owner of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, wood-destroying organisms, or other pests within the building or premises.
(5) Rooming houses.
(a) Compliance exceptions. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter.
(b) Water closet, lavatory and bath facilities. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.
(c) Water heater required. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.
(d) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one person shall contain at least 70 square feet (6.5 m2) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6 m2) of floor space for each occupant thereof.
(e) Exit requirements. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the building code.
(f) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.
1. The building shall be ordered repaired in accordance with this chapter or demolished in accordance with procedures as established within this chapter.
2. If the building or structure poses an immediate hazard to life or to the safety of the public it shall be ordered vacated immediately.
(Ord. 2016-14, passed 1-19-2017) Penalty, see § 150.99
(A) General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the licensing and/or application and interpretation of this chapter, there shall be and is hereby created a Construction Board of Adjustment and Appeals. The Construction Board of Adjustment and Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business.
(1) Decision-making authority. The Charleston County Construction Board of Adjustment and Appeals shall have final decision-making authority on the following matters:
(a) Appeals of orders, decision or determination made by the Building Official;
(b) Licensing or registration of building contractors;
(c) Adjustments and appeals for stormwater management utility fees; and
(d) Appeals and variances of flood plain management in reference to Chapter 151 of the Code of Ordinances of the Town of James Island entitled “Town Regulations Concerning Flood Damage Prevention”.
(e) The Charleston County Construction Board of Adjustment and Appeals (“Board”) does not act in a review or recommending capacity.
(2) Officers, rules, meetings and minutes. The Charleston County Construction Board of Adjustments and Appeals shall elect one of its members as Chairperson and another as Vice-Chairperson, both who shall serve for one year or until re-election or a successor is elected and qualified. The Charleston County Construction Board of Adjustment and Appeals shall adopt rules and procedures in accordance with the provision of this chapter and shall keep a record of its resolutions, findings and determinations, all of which, upon approval, shall be filed immediately in the office of Building Official. Such records shall be available for public review and inspection during normal business hours. The Building Official shall be a non-voting member of the Board and shall serve as the Secretary. Meetings of the Board shall be at the call of the Chairperson or at such other times as a majority of the Board may determine. Public notice of all meetings of the Board shall be provided by at least electronic deliver to the major news television stations, the major newspaper of general circulation, the major radio communication companies, and several individual town/jurisdiction papers. A quorum for the transaction of official business by the Board shall consist of six members. The decision of the Board shall be final unless the petitioner appeals the decision to the circuit court in Charleston County within 30 days after the date of the decision of the Board.
(B) Adjustments and appeals.
(1) The Construction Board of Adjustment and Appeals shall hear and decide requests for adjustment and appeals meeting all of the following provisions:
(a) Decisions on which an adjustment or appeal is requested shall be those made by the Building Official or his designee.
(b) The Construction Board of Adjustment and Appeals is authorized to hear requests for adjustment or appeal to this code and other codes, regulations, or ordinances as specifically authorized in the Code of Ordinances, Town of James Island, South Carolina or determined by the Building Official to be within the scope of the Construction Board of Adjustment and Appeals.
(2) Right to appeal. Appeals of administrative orders, decisions or determinations causing the appeal or variance may be filed by the owner of the property affected by the decision or his or her duly authorized representative, or by any person with a substantial interest in a decision of the Building Official.
(3) Application filing; timing. Requests for a hearing for an adjustment or appeal of a decision shall be in writing, and shall be received in the office of the Building Official within 20 calendar days of notice of the decision causing the filing of the adjustment or appeal.
(C) Decisions. The decisions of the Construction Board of Adjustment and Appeals shall be final unless the applicant appeals the decision to the circuit court in Charleston County within 20 days after the date of the decision of the Construction Board of Adjustment and Appeals.
(D) Limitations on authority. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this chapter.
(E) Qualifications. The Construction Board of Adjustment and Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
(F) Composition. The Charleston County Construction Board of Adjustment and Appeals shall consist of eleven members appointed by Charleston County Council for a term of four years each. The term of office shall be staggered so no more than one-third of the Board is appointed or replaced in any year. Members shall serve without compensation for the county. Any vacancy which may occur on the Board shall be filled by County Council appointing a successor to serve out the unexpired term of the vacancy. No member of the Board may hold an elected public office in Charleston County. The eleven member Board shall consist of the following:
(1) Two must be registered architects;
(2) One must be a registered structural engineer;
(3) One must be a registered mechanical engineer;
(4) Two must be registered civil engineers;
(5) One must be a licensed general contractor;
(6) One must be a mechanical contractor;
(7) One must be a licensed electrical contractor;
(8) One must be a licensed plumbing contractor; and
(9) One licensed residential home builder.
(G) Established; composition. The Construction Board of Adjustment and Appeals appointed by County Council shall consist of 11 appointed members and the Building Official shall be a non-voting member of the Board and shall serve as the Secretary. All appointments shall be for a term of four years. The terms of office shall be staggered so no more then one-third of the Board is appointed or replaced in any year. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Absence of a member in excess of three consecutive meetings may render any such member liable to immediate removal from office.
(H) Quorum. Six members of the Board shall constitute a quorum.
(I) Establish rules for the carrying out responsibilities. The Construction Board of Adjustment and Appeals shall establish rules, as appropriate, for carrying out these assigned responsibilities.
(J) The decisions of the Construction Board of Adjustment and Appeals shall be final unless the petitioner appeals the decision to the circuit court in Charleston County within 20 days after the date of the decision of the Construction Board of Adjustment and Appeals.
(K) Additional responsibilities.
(1) Licensing.
(a) Ground for revocation of town license. The Board may revoke the license or registration of any building contractor who is found guilty of fraud or deceit in obtaining a license, or gross negligence incompetence, or gross misconduct in conducting his business as a contractor. Any person who alleges gross negligence, incompetence, or gross misconduct against any contractor licensed or registered hereunder shall submit such allegation in affidavit form and file the same with the Secretary of the Board.
(b) Reissuance of revoked license or registration. The Board may consider a request to reissue the town license of any person whose license or registration has been revoked six months after the date of revocation, if a majority of the members of the Board vote in favor of such reissuance for reasons the Board deems sufficient. If the reissuance is denied, the reissuance can be reconsidered at six-month intervals thereafter.
(c) Probation. The Board may place any building contractor on probation for a specified period of time in lieu of revoking his or her town license or registration when allegations presented do not warrant revocation by the majority of the Board for whatever reasons the Board deems sufficient.
(d) Hearing and decision of charges. Grounds detailed in division (K)(1)(a) above, unless they are dismissed without hearing by the Board as unfounded or trivial, shall be heard based on testimony under oath and a determination shall be made by the Board within three months after the date of the hearing. The accused may cross examine witnesses against him and produce evidence or witnesses in his or her defense. A written record shall be made of the proceedings. If, after such hearing, the Board, by majority, votes in favor of finding the accused guilty of any fraud or deceit in obtaining his license or registration, or gross negligence, incompetence, or gross misconduct in conducting his business as a contractor, his or her town license or registration will be revoked.
(2) Stormwater management. The Construction Board of Adjustment and Appeals shall hear and decide requests for stormwater management utility adjustment and appeals as follows:
(a) The Construction Board of Adjustment and Appeals shall hear the petition to determine if the annual stormwater management utility fee does not apportion the fee with approximate equality, based upon a reasonable basis of classification and with due regard to the benefits conferred by providing stormwater management services to the utility customer and the requirements of public health, safety or welfare. The determination of the annual fee by the Construction Board of Adjustment and Appeals is entitled to presumption of correctness and the applicant has the burden of rebutting the presumption of correctness.
(b) The Construction Board of Adjustment and Appeals shall render a written decision on each application that is heard, and such written decision shall be issued within 20 calendar days from the day the Board heard the application. The decision of the Construction Board of Adjustment and Appeals shall contain findings of fact and conclusions of law and the decision shall be sent to the petitioner by first class mail.
(c) Prior to bringing an action to contest an annual fee, the petitioner shall pay to the treasurer not less than the amount of the annual stormwater fee which he admits in good faith owes. Payment of the fee shall not be deemed an admission that the annual fee was due and shall not prejudice the applicant in bringing an action as provided herein.
(3) Flood plain management. The Construction Board of Adjustment and Appeals shall hear and decide requests for appeals and variances as referenced in the current ordinance, entitled “The Flood Damage Prevention and Protection.”
(Ord. 2016-14, passed 1-19-2017)
(A) Violations.
(1) The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is hereby declared to be a misdemeanor, and any person violating such codes or regulations shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with this section. In case of any violation of or proposed violation of the codes or regulations adopted pursuant to this chapter, the Building Official or other appropriate authority of the town, or any adjacent or neighboring property owner who would be damaged by such violation may, in addition to other remedies, apply for injunctive relief, mandamus or other appropriate proceedings to prevent, correct or abate such violation or threatened violation.
(2) Nothing in this chapter or in the codes adopted in this chapter shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, or any cause of action accrued or existing under any act or ordinance repealed hereby, nor shall any right or remedy of any character be lost, impaired or affected by this chapter.
(3) Each day any violation of this chapter or any such ordinance, resolution, rule, regulation or order shall continue shall constitute, except where otherwise provided, a separate offense.
(B) Service of complaint. Complaints by letter or orders hereunder shall be delivered to and/or served upon such persons either personally or by registered mail (return receipt requested), but if the whereabouts of such persons are unknown and cannot be ascertained in the exercise of reasonable diligence, the Building Official or his designated representative(s) 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 the county. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order.
(C) Rights of persons affected by orders. Any person affected by an order issued by the Building Official or his designated representative(s), may within 60 days after the posting and service of the order, petition the circuit court for an injunction restraining the Building Official or his designated representative(s) 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 as authorized by S.C. Code, § 31-15-370, as amended. 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 Building Official as to the facts, if supported by evidence, shall be conclusive. Costs shall be at 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 his designated representative(s) or because of compliance by such person with any order of the Building Official.
(Ord. 2016-14, passed 1-19-2017)
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