(A) Fire Code adopted. Except as herein amended, the 2021 Edition of the International Fire Code as modified by the South Carolina Codes Council is hereby adopted by reference and made an integral part of this chapter.
(B) Board of appeals.
(1) Created. A seven-member board of appeals is hereby established in York County for the purpose of hearing applications for modification of the requirements of the International Fire Code and appeals from decisions of the fire code official when it is alleged that there is error in any order, requirement, decision or determination made by the fire code official in the enforcement of the International Fire Code.
(2) Membership.
(a) The membership of the board of appeals shall consist of seven voting members, one of whom shall be a resident of each of the seven County Council districts. Initial appointments shall be as follows:
1. Three members shall be appointed for terms of three years;
2. Two members shall be appointed for terms of two years; and
3. Two members shall be appointed for terms of one year.
(b) Members will serve without pay, but may be reimbursed for any expenses incurred while representing the board. Vacancies shall be filled for unexpired terms in the manner of the initial appointments. Members may be nominated by the fire code official or the county manager, and shall be appointed by a majority vote of the county governing body. In nominating and appointing members of the board, an effort shall be made to include members who are engineers, architects, technologists, technicians, firemen, safety professionals, general contractors, business representatives and representatives of the public at large.
(3) Terms of office. After the expiration of the terms of office of initial members of the board, members shall be appointed for terms of four years. No member shall be reappointed to serve more than two consecutive full terms on the board of appeals. Members appointed to fill a vacancy and an unexpired term shall be eligible for reappointment to two full terms.
(4) Removal from office. Members may be removed from office prior to the expiration of their respective terms for cause. Failure to attend to 50% of properly called meetings of the board of appeals within a calendar year without excuse, excessive tardiness, participation in matters in which the member has a conflict of interest, engaging in any course of conduct as a board member for private gain, unauthorized or improper use or disclosure of county records and malfeasance, misfeasance, nonfeasance or misconduct in office shall constitute grounds for removal from the board.
(5) Quorum. Four members of the board shall constitute a quorum. The concurring vote of a majority of the board of appeals at a properly called meeting of the board with a quorum present is required to vary the application of any provision of the International Fire Code or modify an order of the fire official.
(6) Minutes; secretary. The board will keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep detailed records of its proceedings which shall set forth the reasons for its decisions which shall be filed in the office of the board and will be a public record.
(7) Legal counsel. The York County attorney shall provide legal counsel to the board and provide members in their official capacities with general legal advice concerning matters before them for consideration. Members shall be represented by the York County attorney or by other designated legal counsel at the expense of the county in all matters arising from service within the scope of their duties.
(8) Meetings. The board shall meet as frequently as may be necessary to address matters coming before the board. The chairman and/or the secretary to the board shall provide members timely written notice of meetings. All applications for modifications and appeals shall be heard, in any event, within 30 days after such applications or appeals have been received.
(9) Conflict of interest. Members with a material or financial interest in a matter before the court shall declare such interest and refrain from participating in discussions, deliberations and votes on such matters.
(10) Decisions. Every decision of the board shall be filed promptly in writing in the office of the fire code official and shall be open to public inspection. A certified copy of each decision of the board shall be sent by mail to the applicant or appellant and other parties in interest, and a copy shall be kept publicly posted in the office of the fire code official for two weeks after it is filed.
(11) Procedure before board. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code and applicable state law.
(‘77 Code, § 9-34) (Ord. 36, passed 3-5-79; Am. Ord. 2285, passed 11-18-85; Am. Ord. 1492, passed 3-16-92; Am. Ord. 2701, passed 7-16-01; Am. Ord. 3208, passed 6-16-08; Am. Ord. 3713, passed 9-3-13; Am. Ord. 5216, passed 9-9-16; Am. Ord. 5522, passed 12-5-22)
Statutory reference:
Authority to adopt codes by reference, S.C. Code § 4.9-130(3)