Title 5 PLANNING AND DEVELOPMENT
Chapter 5.04 BUILDING REGULATION AND CODE ENFORCEMENT*
Editor’s Note:
Article I. General Provisions
5.04.010 Establishment of building department.
5.04.020 General penalties.
5.04.030 Definitions.
5.04.040 Schedule of permit fees.
5.04.050 Appeals.
5.04.060 Codes adopted.
5.04.070 Board of appeals.
Article II. Building
5.04.080 Building code adopted.
5.04.090 Plan checking fees.
5.04.100 Occupancy permits.
5.04.110 Setback requirements.
5.04.120 Board of adjustments and appeals created.
5.04.130 Vacancies--Removed, compensation.
5.04.140 General powers and duties.
5.04.150 Stormwater runoff.
Article III. Electrical
5.04.160 Electrical code adopted.
5.04.170 Approval of electrical devices, materials and appliances.
5.04.180 License to install electrical wiring or appliances--Required generally--Exceptions--Qualifications of applicant.
5.04.190 Permit to do electrical work--Required generally--Application--Annual permit.
5.04.200 Same--Exemptions.
5.04.210 Same fees.
5.04.220 Certificate of approval--Notice to utility.
5.04.230 Revocation of permits or approvals.
5.04.240 Liability of electrical inspector or city official for damages.
5.04.250 Enforcement of article--Right of entry of electrical inspector.
5.04.260 Requirements not covered by code.
Article IV. Plumbing
5.04.280 Plumbing code adopted.
5.04.290 Sewer line maintenance.
Article V. Mechanical
5.04.300 Adoption of mechanical code.
Article VI. Gas
5.04.320 Gas code adopted.
Article VII. Housing Code
5.04.340 Housing code adopted.
Article VIII. Commercial Maintenance CodeDivision 1. Purpose and Scope
5.04.350 Purpose.
5.04.360 Scope.
Division 2. Definitions
5.04.370 Definitions.
Division 3. Applicability and Compliance
5.04.380 Compliance.
5.04.390 Higher standards to prevail in case of conflict.
5.04.400 Inspection of commercial or industrial buildings.
Division 4. Duties and Responsibilities of Owner and Operator
5.04.410 Occupied buildings.
5.04.420 Vacant or unoccupied buildings.
5.04.430 Duties of the operator.
Division 5. Buildings or Premises Damaged
5.04.440 Notice of removal.
5.04.450 Selection of board to determine damage.
5.04.460 Owner to remove upon verification.
5.04.470 Vacation of premises.
Division 6. Historic Buildings
5.04.480 Preservation of historic buildings.
Division 7. Enforcement, Inspections and Notice of Noncompliance
5.04.490 Enforcement.
5.04.500 Inspection--Compliance.
Division 8. Building Board of Adjustments and Appeals
5.04.510 Appeals.
Division 9. Penalty
5.04.520 Violation--Penalty.
Editor’s Note:
* The city has contracted with Greenville County to make all building
inspections, collect permit fees, and enforce the provisions of this
chapter.
Article I. General Provisions
5.04.010 Establishment of building department.
(a) There is established a building department, which shall be under the
direction of the director of public safety, who shall be designated as building
inspector. The building inspector, together with such assistants or agents as
may be designated, shall act as enforcing officers of and exercise the powers
set forth in this chapter.
(b) The department and offices created by this
section may be filled by contract with another entity.
(c) The building
inspector shall be under the general administrative supervision of the city
administrator and the state fire marshal. (Prior code 5-1-1)
5.04.020 General penalties.
Any person violating any provision of this chapter shall be guilty of a
misdemeanor and, upon conviction, shall be fined in accordance with Section
1.12.510 of this code. All persons shall be required to correct or remedy
violations or defects within a reasonable time and, when not otherwise
specified, each ten days that the protested conditions are maintained after
notice shall constitute a separate offense. The application of the above penalty
shall not be held to prevent the enforced removal of prohibited conditions by
court order. (Prior code § 5-1-2)
5.04.030 Definitions.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this article, unless
a different meaning clearly appears from the context:
(1) Building officer
shall mean the officer or officers who are authorized by this chapter to
exercise the powers prescribed herein.
(2) Dwelling shall mean a building or
structure, or part thereof, used and occupied for human habitation or intended
to be so used, and includes any outhouses and appurtenances belonging thereto or
usually enjoyed therewith.
(3) Dwelling unit shall mean a building or that
portion of a building arranged, designated or constructed for the use of one
family as a dwelling place.
(4) Owner shall mean the holder of the title in
fee simple and every mortgagee of record.
(5) Parties in interest shall mean
all individuals, associations, corporations, and others who have an interest of
record in a dwelling and any who are in possession thereof.
(6) Public
authority shall mean the city, or any of its officers, employees or agents who
are in charge of any department or branch of the city government relating to
health, fire, police, building regulations or to other activities concerned with
dwellings within the city. (Prior code § 5-1-3)
5.04.040 Schedule of permit fees.
(a) On all buildings, structures, alterations or signs requiring a permit,
as set forth in the standard building codes hereinafter enumerated, a fee shall
be paid as required at the time of filing applications as shall be fixed by the
county council from time to time. A copy of the current fee schedules shall be
maintained for public review in the office of the Greenville County
permits.
(b) Where work for which a permit is required by this code is
started or continued prior to obtaining a permit, the permit fees specified
shall be doubled. The payment of such double fee shall not relieve any person
from fully complying with requirements of this code in the execution of the
work, nor from any of the penalties prescribed herein.
(c) Owner/Occupant to
Secure Permit for Mobile/Portable Signs. An owner/occupant wishing to place a
mobile/portable sign on his premises--whether he owns, rents, or leases such
sign--must first secure a permit from the zoning administrator and pay the
necessary permit fee, except that eleemosynary agencies and organizations,
churches, schools, parent teacher associations, civic clubs, and similar
nonprofit groups are exempted from paying the permit fee. (Ord. 2-87, 1987;
prior code § 5-1-4)
5.04.050 Appeals.
Any person aggrieved by a decision of the building inspector shall have a
right of appeal to the city council, who shall exercise the powers and perform
the duties of the boards of adjustment and appeals created by the various
technical codes. (Prior code § 5-1-5)
5.04.060 Codes adopted.
(a) The following codes are adopted by reference as though they were
copied herein fully:
International Property Maintenance
Code;
International Standards Code;
National Electric Code, 1999
Edition;
Standard Amusement Device Code, 1997 Edition;
International
Building Code, 2000 Edition;
Standard Existing Buildings Code, 1988 Edition
with 1997 Revisions;
International Fire Code, 2000
Edition;
International Fuel and Gas Code, 2000 Edition;
Standard Housing
Code, 1997 Edition;
International Mechanical Code, 2000
Edition;
International Plumbing Code, 2000 Edition;
Standard Swimming
Pool Code, 1997 Edition;
Standard Unsafe Building Abatement Code, 1985
Edition;
CABO One & Two Family Dwelling Code, 1995
Edition.
(b) Within such codes, when reference is made to the duties of a
certain official named therein, that designated official of the city of
Travelers Rest, county of Greenville, state of South Carolina who has duties
corresponding to those of the named official in such code shall be deemed to be
the responsible official insofar as enforcing the provisions of such code are
concerned. (Ord. O-01-05, 2005; Ord. O-12-02 § 1, 2002; Ord. O-12-01 §
1, 2001; Ord. O-03-98 §§ 1, 3, 1998: Ord. O-8-96 § 1, 1996; Ord.
O-17-95 §§ 1, 3, 1995)
5.04.070 Board of appeals.
(a) There is established a board to be called the building and housing
board of appeals, which shall consist of three members appointed by city
council. Such board, whenever possible, shall consist of architects, engineers,
contractors or other persons familiar with the building trade. All the standard
codes adopted by the city of Travelers Rest are amended to conform to these
provisions. Where a five-member board is specified by the codes, those
provisions shall be amended to provide for a three-member board.
(b) Of the
members first appointed, one shall be appointed for a term of one year, one
shall be appointed for a period of two years, and one shall be appointed for a
period of three years. Thereafter, all members shall be appointed for terms of
three years. Vacancies shall be filled for an unexpired term in the manner in
which original appointments are made. Continued absence of any member from
regular meetings of the board shall at the discretion of city council, render
any such member liable to immediate removal and replacement.
(c) Two members
of the board shall constitute a quorum. In varying the application of any
provisions of any standard code or in modifying the order of the building
official two affirmative votes shall be required. A board member may not act in
a case in which he or she has a personal interest.
(d) The building official
shall act as secretary of the board and shall make a detailed record of all
proceedings, which shall set forth the reasons for the decisions, the vote of
each member, and any failure of a member to vote. Appellants who wish to have a
certified transcript of the proceedings must make their own arrangement, at
their own expense, to have a court reporter present for such
purpose.
(e) The board shall establish rules and regulations for its own
procedure not inconsistent with this ordinance or the standard codes. The board
may meet at regular intervals to be determined by the chairman. The board shall
meet within thirty days after notice of appeal had been received. Every decision
shall be promptly filed in writing with a copy sent to the
appellant.
(f) Any owner of a building or structure or his duly authorized
agent may appeal the decision of the building official when it is claimed that
any provisions of the standard codes do not apply or when it is claimed that the
true intent and meaning of the standard codes has been misconstrued or
incorrectly interpreted. Notice of appeal shall be in writing and filed within
fifteen days after the decision of the building official. All appeals shall be
accompanied by a seventy-five dollar filing fee. If the decision of the building
official is substantially overturned by the board, the appellant shall be
entitled to a refund of the filing fee. In cases of hardship the board may
permit a waiver of the filing fee.
(g) The building and housing board of
appeals established herein shall be considered and shall act as the board of
adjustments and appeals referred to in any standard code. Every decision of the
board shall be final but subject to review by the court of common pleas in the
manner provided by the laws of the state of South Carolina. Provided however,
that the petition for review to the court of common pleas shall be filed within
thirty days of the board’s decision. (Ord. O-8-96 § 2,
1996)
Article II. Building
5.04.080 Building code adopted.
For the purpose of establishing rules and regulations for the
construction, alteration, use, demolition and removal of buildings or other
structures, or any appurtenances connected or attached thereto, there is adopted
the Standard Building Code, being particularly the 1994 edition thereof, with
subsequent revisions as published by the Southern Building Code Congress
International, Inc., and the whole thereof, except the portions as are hereafter
deleted, modified or amended, a copy of which has been and is now filed in the
office of the fire chief and which is adopted and incorporated by reference as
fully as if set out at length herein, and the provisions thereof shall be
controlling as to all subjects therein contained, within the corporate limits,
except that in the event that any of the provisions are in conflict with other
provisions of this code, state law or ordinances, rules or regulations, the
provisions of this code, state law or ordinances, rules or regulations shall
prevail and be controlling. (Ord. O-17-95 § 1 (part), 1995; Ord.
O-10-93 § 4 (part), 1993; Ord. 10-92, 1992; prior code
§ 5-1-11)
* For provisions regarding housing code, see Section 5.04.340 of this
code.
5.04.090 Plan checking fees.
When a plan is required to be submitted by the building code, a
plan-checking fee shall be paid at the time of submitting plans and
specifications for checking. Said plan-checking fees shall be paid at the rates
of one-half of that fee computed for a building permit. In addition, a one
hundred fifty dollar fee shall be assessed to all plans and specifications
submitted for review. (Ord. O-17-06, 2006)
5.04.100 Occupancy permits.
(a) No building or portion of a building in the city not already so used
shall be used as a church, school, hotel, office building, store building or
other place of business without a permit to be issued by the building
enforcement administrator.
(b) In buildings or portions of buildings used
for office occupancies, the owner, agency or lessor is required to submit in
writing to the building department the names, addresses and office space
identification of all new office occupants to whom space is rented or leased
within five days of the signing of such lease or rental agreements. However, no
fees will be charged for occupancy permits issued to governmental agencies.
(Prior code § 5-1-13)
5.04.110 Setback requirements.
Notwithstanding any other requirements or provisions, all setback
requirements shall be governed by the Travelers Rest zoning ordinance in effect.
(Ord. 09-89, 1989)
5.04.120 Board of adjustments and appeals created.
There is established a board to be called the board of adjustments and
appeals which shall consist of five members. The said board shall be appointed
by the municipal council for the city of Travelers Rest. (Ord. O-05-05, 2005;
Ord. 02-90 (part), 1990)
5.04.130 Vacancies--Removed, compensation.
The term of office of appointed members shall be for three years and until
their successors are appointed and qualify. Any vacancy in membership shall be
filled for the unexpired term by the mayor, who shall also have the authority to
remove any member for cause, on written charges, after a public hearing. All
members shall serve without compensation but they may be reimbursed for actual
expenses incurred in connection with their official duties. (Ord. 02-90 (part),
1990)
5.04.140 General powers and duties.
The board shall have all the powers, duties and responsibilities set forth
in any applicable section of the South Carolina Code of Laws.
Generally:
(a) Appeals.
(1) General. Whenever the building official
shall reject or refuse to approve the mode or manner of construction proposed to
be followed or materials to be used in the installation or alteration of a
building or structure, or when it is claimed that the provisions of the
city’s building code do not apply, or that any equally good or more
desirable form of installation can be employed in any specific case, or when it
is claimed that the true intent and meaning of said code or any of the
regulations thereunder have been misconstrued or incorrectly interpreted, the
owner of such building or structure, or his duly authorized agent, may appeal
from the decision of the building official to the board of adjustments and
appeals. Notice of this appeal shall be in writing and filed within ninety days
after the decision is rendered by the building official. Appeals shall be on
forms provided by the building official.
(2) Unsafe or Dangerous Buildings.
In case of a building or structure which, in the opinion of the building
official, is unsafe or dangerous, the building official may, in his order, limit
the time for such appeal to a shorter
period.
(b) Decisions.
(1) Variances. The board of adjustments and
appeals, when so appealed to and after a hearing may vary the application of any
provision of said code to any particular case when, in its opinion, the
enforcement thereof would do manifest injustice and would be contrary to the
spirit and purpose of the city’s building code or public interest, or
when, in its opinion the interpretation of the building official should be
modified or reversed.
(2) Action. The board of adjustments and appeals
shall, in every case, reach a decision without unreasonable or unnecessary
delay. Each decision of the board of adjustments and appeals shall also include
the reasons for the decision. If a decision of the board of adjustments and
appeals reverses or modifies a refusal, order or disallowance of the building
official, or varies the application of any provision of the building code of the
city of Travelers Rest, the building official shall immediately take action in
accordance with such decision.
(3) Decisions Are Final. Every decision of
the board of adjustments and appeals shall be final, subject however to such
remedy as any aggrieved party might have at law or in equity. (Ord. 02-90
(part), 1996)
5.04.150 Stormwater runoff.
(a) Beginning with the effective date of the ordinance codified in this
section, no building permit shall be issued and no building other than an
accessory building shall be erected on any lot hereafter created in the city of
Travelers Rest unless such lot is part of a residential subdivision,
commercial/industrial subdivision, group residential or commercial development,
or individual nonresidential development having an approved drainage plan which
demonstrates that the rate of runoff measured in cubic feet per second prior to
the land distribution activity. The provisions of the ordinance codified in this
section shall not apply to agricultural land management and practices, or to the
construction of on-farm buildings and structures used in farming operations or
to the construction of single-family residences or their accessory buildings
which are not a part of a residential subdivision nor such provisions apply to
emergency repairs or maintenance of existing structures and facilities which
require ground to be broken.
The provisions of the ordinance codified in
this section shall be complied with by submitting to the Greenville County
engineer or other agent for the city of Travelers Rest a drainage plan
consistent with the county engineering department’s drainage design and
specification requirements. In cases where other ordinances or regulations
require the submittal of a drainage plan, e.g., subdivision regulations, group
commercial and industrial development, etc., the required drainage plan may be
one in the same. In addition to satisfying the technical requirements of the
county engineer’s design and drainage design specifications, it shall also
include a maintenance agreement which sets forth the responsibility of current
and future land owners to maintain the approved drainage systems to the extent
that they are kept operational and free of obstacles such as trees, buildings,
fences, etc.
(b) Violations and Penalties. The owner or agent of the owner
of the property whose land is being disturbed within the municipal limits of the
city of Travelers Rest who violates the provisions of the ordinance codified in
this section shall upon conviction be fined not less than ten dollars or not
more that two hundred dollars for each conviction. Each day of violation shall
constitute a separate offense.
Nothing contained herein shall prevent the
city from taking such other lawful action as is necessary to remedy any
violation of the ordinance codified in this section. (Ord. 08-91,
1991)
Article III. Electrical
5.04.160 Electrical code adopted.
The 2002 edition of the National Electrical Code, as recommended by the
National Fire Protection Association, is adopted as the minimum standard for the
installation of all electrical wiring, devices and equipment in the city, except
as otherwise specifically provided in this article, and is made a part of this
article as fully and to the same extent as if copied herein full. A copy of the
code is on file in the office of the fire chief. In the event of any conflict
between the provisions of the electrical code and the provisions of this code,
state law or ordinances, rules or regulations, the provisions of this code,
state law or ordinances, rules or regulations shall prevail, and be controlling.
(Ord. O-8-96 § 1, 1996; Ord. O-10-93 § 4 (part), 1993; Ord. 09-92,
1992; prior code § 5-1-21)
5.04.170 Approval of electrical devices, materials and appliances.
This article shall require that all electrical devices, materials or
appliances designed for attachment or installation on any electrical circuit or
system for light, heat or power shall not be sold, offered for sale, installed
or used unless they shall be approved by the Under-writer’s Laboratory,
Incorporated, or unless they shall have been submitted to and approved by the
electrical inspector as safe to life and property. (Prior code §
5-1-22)
5.04.180 License to install electrical wiring or appliances--Required generally--Exceptions--Qualifications of applicant.
(a) Before any person engages in the business of installing electrical
wiring or appliances in any building or structure in the city, he shall first
have applied for and obtained from the appropriate state agency a license as an
electrical contractor.
(b) This article shall not require a license for
performance of any kind of electrical wiring installation upon any property by
(i) the owner, or (ii) by or for public utility corporations subject to
regulation by the duly constituted authorities of the commission, and where such
property is required as a part of the plant of any such corporation and is so
utilized in rendering its services to the public; or (iii) by or for mechanical
contractors installing equipment with automatic controls and requiring
interwiring. Permits shall be secured, however, and all such work shall be
inspected as provided hereinafter. The word “owner” as used in this
section shall not include any contractor employed by the owner; nor shall the
wording in this section be interpreted so as to abrogate or in any way modify
the permit, inspection or any other sections and provisions of this article; nor
shall the relief from licensing provided by this section apply to a builder,
developer or contractor engaged in the construction of buildings for resale.
(Prior code § 5-1-23)
5.04.190 Permit to do electrical work--Required generally--Application--Annual permit.
No electrical wiring, devices, appliances or equipment shall be installed
within or on any building, structure or premises, nor shall any alteration or
addition be made in such existing wiring, devices, appliances or equipment
without first securing a permit therefor from the county electrical inspector or
his assistants authorized to issue such permits. Applications for permits shall
be made on forms provided for such purpose by the electrical inspector, who is
authorized to issue in lieu of individual permits an annual permit upon
application therefor to any person regularly employing one or more maintenance
electricians for the maintenance of electric wiring, devices, appliances and
equipment relating to operation and maintenance and to process-related
construction, alteration or modification on the premises occupied by the
applicant. A person to whom an annual permit is issued shall be entitled to a
periodic inspection or special inspection upon request. Annual permits shall
expire on December 31 of the year in which issued. (Prior code §
5-1-24)
5.04.200 Same--Exemptions.
The electrical inspector shall not require permits for:
(1) The
replacement of lamps;
(2) The connection of portable devices to suitable
receptacles which have been permanently installed;
(3) The installation,
alteration or repair of wiring, devices, appliances or equipment for the
operation of signals or the transmission of intelligence; or
(4) Public
service corporations for the installation of equipment necessary in the
generation, transmission and distribution of electric energy. (Prior code §
5-1-25)
5.04.210 Same fees.
(a) Any person making application for a permit for the installation or
alteration or maintenance of electrical wiring, devices, appliances or equipment
shall pay to the Greenville County permits office a fee in such amount as
established from time to time by the county council.
(b) When extra
inspections are made necessary for reasons of defective work or otherwise
through fault or error on the part of the permit holder, or on the part of his
employees after the notice has been given in writing by the electrical inspector
setting forth the violation, only one such extra inspection shall be made under
the regular permit fees, and for each and every visit or inspection for which
the permit holder or his employee is entirely responsible, additional fees shall
be charged in accordance with the fee schedule adopted by the county council.
(Prior code § 5-1-26)
5.04.220 Certificate of approval--Notice to utility.
(a) After each required inspection, a notice shall be given to the permit
holder as to approval or disapproval, with a listing of required corrections if
any are required. Electrical wiring shall not be covered or concealed until
after such work has been approved. Inspection shall be made by the county
electrical inspector upon request for inspection by the contractor. If the
notice indicates that corrections are needed, such corrections shall be made
forthwith and the electrical inspector notified and a reinspection
requested.
(b) Upon final inspection of the electrical wiring and in
compliance with this code, a certificate of approval, if required, shall be
issued to the permit holder notifying him of such approval. It is unlawful for
any person to connect or reconnect any installation of electrical wiring,
devices, appliances or equipment to a source of supply until a certificate of
approval authorizing such connection has been issued by the electrical inspector
or unless a temporary release has been issued.
(c) When, in a building the
construction necessitates that connection of the permanent service or source of
supply be made prior to the final inspection, a temporary release may be
requested by the permit holder and be issued by the electrical inspector, with
notification given of a temporary release to the utility. Such release is of a
temporary nature and shall be superseded by a final inspection and a certificate
of approval. (Prior code § 5-1-27)
5.04.230 Revocation of permits or approvals.
The county electrical inspector may revoke a permit or approval issued
under the provisions of this article where there has been any false statement or
misrepresentation as to a material fact in the application or plan on which the
permit or approval was based. (Prior code § 5-1-28)
5.04.240 Liability of electrical inspector or city official for damages.
No county electrical inspector or city official charged with the
enforcement of this article, acting for the city in the discharge of his duties,
shall thereby render himself liable personally, and he is hereby relieved from
all personal liability for any damage that may accrue to person or property as a
result of any act required or permitted in the discharge of his duties. Any suit
brought against the inspector or other city official because of any act
performed by them in the enforcement of any provision of this article shall be
defended by the city attorney at city expense until the final determination of
proceedings. (Prior code § 5-1-29)
5.04.250 Enforcement of article--Right of entry of electrical inspector.
The county electrical inspector shall enforce the provisions of this
article, and he, or his duly authorized representative, may enter any building,
structure or premises in the city to perform any duty imposed upon him by this
article. (Prior code § 5-1-30)
5.04.260 Requirements not covered by code.
Any requirement necessary for a safe, adequate, mechanical-like electrical
installation not specifically covered by this code, shall be determined by the
electrical inspector and enforced. (Prior code § 5-1-31)
Article IV. Plumbing
5.04.280 Plumbing code adopted.
The Standard Plumbing Code, the 1994 edition thereof, together with all
subsequent revisions thereto published by the Southern Building Code Congress
International, Inc., is adopted as the code of the city relating to the
installation of all plumbing, including the pipes for distributing the water
supply, the fixtures for using water and drainage pipe for removing waste water
and sewage, together with fittings and appurtenances of various kinds, all
within or adjacent to the buildings within the city or where connected to the
city’s sewerage system, and the whole thereof, except the portions as are
hereafter deleted, altered or amended, is incorporated herein as fully as if set
out at length, and all plumbers shall be required to make installations in
conformity with the code and the regulations contained therein, a copy of which
code is on file in the office of the fire chief. In the event of any conflict
with the provisions of the plumbing code and the provisions of this code, state
law or ordinances, rules or regulations, the provisions of this code, state law
or ordinances, rules or regulations shall prevail and be controlling. (Ord.
O-17-95 § 1 (part), 1995; Ord. O-10-93 § 4 (part), 1993; Ord. 05-92,
1992; prior code § 5-1-41)
5.04.290 Sewer line maintenance.
(a) It shall be the duty and responsibility of every property owner who
taps into the sewer system of the city of Travelers Rest to maintain the
integrity of all collector, inflow lines or other sewer lines that feed into the
sewer system for the city of Travelers Rest in conformity with the standards for
sewer line construction set forth in the most current edition of the Standard
Plumbing Code.
(b) Each and every property owner shall have the duty to
examine their particular private sewer lines and regularly maintain them. If
upon inspection by the property owner or the city of Travelers Rest it is
determined that the sewer lines of the property owner have malfunctioned,
developed leaks, cracks or openings or permit infiltration from storm- water or
improper sources then the property owner shall have the duty to make such
repairs as are necessary in a timely fashion in conformity with the Standard
Plumbing Code.
(c) The timeliness of repairs and appeals from the
determination of the building official shall be governed by the same procedures
as set forth in the standard codes adopted by the city of Travelers
Rest.
(d) Violations of the ordinance codified in this section shall be
punishable as a misdemeanor to the maximum extent of jurisdictional penalty
established for the municipal court system of the city of Travelers Rest. (Ord.
O-07-96 §§ 1 (part), 2, 3, 4, 1996)
Article V. Mechanical
5.04.300 Adoption of mechanical code.
A certain document, one copy of which is on file in the office of the fire
chief being marked and designated as the Standard Mechanical Code, 1994 edition,
with all subsequent revisions, as published by the Southern Building Code
Congress International, Inc., is adopted as the mechanical code of the city to
provide basic code requirements governing the safe installation and maintenance
of all mechanical equipment so as to safeguard life, health and public welfare
and the protection of property; and each and all of the regulations, provisions,
penalties, conditions and terms of said mechanical code are referred to, adopted
and made a part of this article as though fully set out at length herein. In the
event of any conflict with the provisions of the mechanical code and the
provisions of this code, state law or ordinances, rules or regulations, the
provisions of this code, state law or ordinances, rules or regulations shall
prevail and be controlling. (Ord. O-17-95 § 1 (part), 1995; Ord. O-10-93
§ 4 (part), 1993; Ord. 08-92, 1992; prior code § 5-1-51)
Article VI. Gas
5.04.320 Gas code adopted.
There is adopted by and for the city, a gas code known as the Standard Gas
Code, 1994 edition, which code is published by the Southern Building Code
Congress International, Inc., and which is referred to, incorporated herein, and
made a part hereof for all purposes, a copy of which code is on file in the
office of the fire chief. In the event of any conflict between the provisions of
the gas code and any provisions of this code, state law or ordinances, rules or
regulations, the provisions of this code, state law or ordinances, rules or
regulations shall prevail and be controlling. (Ord. O-17-95 § 1 (part),
1995; Ord. O-10-93 § 4 (part), 1993; Ord. 07-92, 1992; prior code §
5-1-61)
Article VII. Housing Code
5.04.340 Housing code adopted.
The Standard Housing Code, as published by the Southern Building Code
Congress International, Inc., being particularly the 1994 edition thereof and
the whole thereof, save and except such portions as may herein be amended,
modified or deleted, of which not less than three copies have been and are now
filed in the office of the fire chief of the city, is adopted and incorporated
as fully as if set forth at length herein, and the provisions thereof shall
establish the minimum standards for the use, maintenance and occupancy of all
dwellings and dwelling units within the city. In the event of any conflict
between the provisions of the housing code and this code, state law or
ordinances, rules or regulations, the provisions of this code, state law or
ordinances, rules or regulations shall prevail and be controlling. (Ord. O-17-95
§ 1 (part), 1995; Ord. O-10-93 § 4 (part), 1993; Ord. 06-92, 1992;
prior code § 5-1-71)
Article VIII. Commercial Maintenance CodeDivision 1. Purpose and Scope
5.04.350 Purpose.
It is the purpose of this article to provide a practical method for the
repair, vacation or demolition of commercial buildings, industrial buildings or
structures when such buildings, from any cause, endanger the life, limb, health,
property, safety or welfare of the general public or their occupants or detract
excessively from the appearance of the commercial area. The provisions of this
code are cumulative with and in addition to, any other remedy provided by law,
including the current editions of standard codes adopted by the city of
Travelers Rest. (Ord. 20-92 (part), 1992: Ord. 7-87 (part), 1987)
5.04.360 Scope.
The provisions of this code shall apply to all commercial buildings and
industrial buildings which are now in existence or which may be built within the
city limits of Travelers Rest. (Ord. 20-92 (part), 1992: Ord. 7-87 (part),
1987)
Division 2. Definitions
5.04.370 Definitions.
The following terms shall have the meanings as
follows:
(1) “Accessory structure” means a subordinate building,
the use of which is incidental to that of the principal building on the same
lot.
(2) “Building” means any structure built for the support,
shelter or enclosure of persons, animals, chattels, or property of any kind
which has enclosing walls for fifty percent of its perimeter. The term
“building” shall be construed as if followed by the words “or
part thereof.”
(3) “Commercial business” means any
business or enterprise which offers for sale goods or services or which, in any
manner, conducts commerce, within the city limits of the city of Travelers
Rest.
(4) “Fire official” means the fire official, fire
department of the city of Travelers Rest or the person designated to enforce
this article by the city administrator.
(5) “Industrial
business” means any business or enterprise which is involved in
manufacturing, assembly and warehouses within the city limits of Travelers Rest.
For the purpose of this article in addition to the above, any building located
within an area zoned I-l, industrial district shall be considered an industrial
business.
(6) “Inspection official” means the building codes
inspector, fire fighter, public works coordinator or the person(s) designated to
enforce the ordinance by the city administrator.
(7) “Mixed
occupancy” means any building that is used for two or more occupancies
classified by different occupancy use groups.
(8) “Operator”
means any person who has charge, care, or control of premises or a part thereof,
whether with or without the knowledge and consent of the owner, or any person,
individually or jointly, entitled to possession regardless of whether the
premises are actually occupied or not.
(9) “Premises” means a
lot, plot, or parcel of land including the buildings or structures thereon,
under control by the same operator, devoted to commercial or industrial use,
together with adjacent land.
(10) “Physical valuation” means the
estimated cost to replace the building in kind. (Ord. O-10-93 § 4 (part),
1993; Ord. 20-92 (part), 1992; Ord. 7-87 (part), 1987)
Division 3. Applicability and Compliance
5.04.380 Compliance.
Every commercial or industrial building, and the premises on which it is
situated, used or intended to be used for commercial or industrial business
occupancy, shall comply with the provisions of this article, whether or not such
building shall have been constructed, altered or repaired before or after the
enactment of the ordinance codified in this article, and irrespective of any
permits or licenses which shall have been issued for the use or occupancy of the
building, or for the installation or repair of equipment or facilities prior to
the effective date of the ordinance codified in this article. This article
establishes minimum standards for the initial and continued occupancy and use of
all such buildings, and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of the building,
equipment or facilities contained therein except as otherwise provided herein.
Where there is mixed occupancy, any commercial or industrial business use
therein shall be nevertheless regulated by, and subject to, the provisions of
this chapter. (Ord. 20-92 (part), 1992: Ord. 7-87 (part), 1987)
5.04.390 Higher standards to prevail in case of conflict.
In any case where the provisions of this code impose a higher standard
than that set forth in other ordinances of the city or under the laws of the
state of South Carolina, then the standard as set forth herein shall prevail,
but if the provisions of this code impose a lower standard than any other
ordinance of the city or of the laws of the state of South Carolina, then the
higher standard contained in any such other ordinance or law shall prevail.
(Ord. 20-92 (part), 1992: Ord. 7-87 (part), 1987)
5.04.400 Inspection of commercial or industrial buildings.
The city inspection official shall inspect to verify compliance with this
code all occupied commercial and industrial buildings on a semiannual basis. All
unoccupied commercial and industrial buildings shall be inspected on an annual
basis to verify compliance with this article. (Ord. 20-92 (part),
1992)
Division 4. Duties and Responsibilities of Owner and Operator
5.04.410 Occupied buildings.
The premises and all structures thereon shall be kept free of all hazards
to the safety of occupants, pedestrians, and other persons utilizing the
premises such as, but not limited to, the
following:
(1) Exterior.
(A) Roofs. Roofs shall be kept structurally
sound and shall be maintained in such a manner so as to prevent rain or other
objects from penetrating into the interior of the
building.
(B) Overhangings. Loose and overhanging objects which by reason of
location above ground level constitute a danger of falling on persons in the
vicinity thereof.
(C) Foundation Walls. Foundation walls shall be kept
structurally sound, free from defects and damages and capable of bearing imposed
loads safely. Where a wall of a building has become exposed as a result of
demolition of adjacent buildings said wall must have all doors, windows, vents
or other similar openings closed with material of the type comprising the wall.
No protrusions or loose material shall be in the wall. The exposed wall shall be
painted, stuccoed or bricked so as not to detract from the aesthetics and value
of adjacent property and weatherproofed if necessary to prevent deterioration of
the wall.
(D) Chimneys, Flues and Vent Attachments Thereto. Chimneys, flues
and vent attachments thereto shall be maintained structurally sound, free from
defects and so as to capably perform at all times the functions for which they
are designed. Chimneys, flues, gas vents, or other draft producing equipment
shall be structurally safe, durable, smoke tight and capable of withstanding the
action of the flue gasses.
(E) Exterior Porches, Landings, Balconies, Stairs
and Fire Escapes. Exterior porches, landings, balconies, stairs and fire escapes
shall be provided with banisters or railings properly designed and maintained to
minimize the hazards of falling and the same shall be kept structurally sound
and in a good state of repair.
(F) Windows. All windows must be
tight-fitting and have sashes of proper size and design. Sashes with rotten
wood, broken joints, or broken or loose mullions or muntins shall be replaced.
All broken and missing windows shall be replaced with glass or plastic. All
exposed wood shall be repaired and painted. All openings originally designed as
windows shall be maintained as windows complete with seals, lintels, frame and
glass unless specifically approved by the fire official for enclosure. Where the
fire official approves the enclosure of a window, it must be so enclosed by
either bricking the opening, blocking the opening with concrete blocks and
stuccoing the exterior, or by boarding up the opening. When boarding is used, it
shall be of trim fit, sealed to prevent water intrusion, and painted or stained
to properly conform with the other exterior portions of the
building.
(G) Painting. All exterior surfaces which require paint or sealing
in order to protect the underlying surface from deterioration shall be so
painted or sealed. All exterior surfaces which have been painted shall be
maintained generally free of peeling and flaking. Where fifty percent or more of
the aggregate of any painted wall shall have peeling or flaking or previous
paint worn away, the entire wall shall be repainted.
(H) Cornices. All
cornices shall be made structurally sound and rotten or weakened portions shall
be removed and/or replaced to match as closely as possible the original
pattern.
(I) Downspouts. Sheet metal gutters and downspouts shall be
replaced or repaired as necessary and shall be neatly located and securely
installed.
(J) Advertising Signs, Structures and Awnings. All permanent
signs, billboards, awnings and the like shall be maintained in good repair at
all times so as not to constitute a nuisance or safety hazard. All nonoperative
or broken electrical signs shall be repaired and kept in good condition or be
removed. When a business terminates operation, the sign identifying the business
shall be removed from the property within six months after the business ceases
to function unless the sign is converted and reused for another
business.
(K) Ground Surface Hazards. Holes, excavations, breaks,
projections and obstructions on walks, driveways, parking lots and parking areas
and other parts of the premises which are accessible to and used by persons on
the premises; all such holes and excavations shall be filled and repaired, walks
and steps replaced, and other conditions removed where necessary to eliminate
hazards or unsafe conditions.
(L) Curb Cuts. Where curb cuts are abandoned
due to new construction, change of access, or general discontinued use, said
curb cut shall be closed and replaced with a standard curb and gutter
arrangement.
(M) Garbage. No garbage or solid waste shall be stored or
allowed to accumulate on the premises unless contained in trash receptacles
which are in accordance with the sanitation regulations of the
city.
(N) Miscellaneous. All exterior surfaces shall be maintained free of
cracked or broken glass, loose shingles, loose wood, crumbling stone or brick,
loose or broken plastic or other similar hazardous conditions. All structures
and decorative elements of building fronts and sides abutting public streets
shall be repaired or replaced in a workmanlike manner to match as closely as
possible the original materials and construction techniques. Structures at the
rear of buildings attached or unattached to the principal commercial structure
shall be properly maintained and repaired. All miscellaneous elements on
buildings, walls, and roofs and surrounding premises such as empty electrical or
other conduits, unused electric meter boxes, or unused sign brackets shall be
removed.
(2) Interior.
(A) Floors, Interior Walls and Ceilings. Floors,
interior walls and ceilings of every structure shall be structurally sound and
shall be maintained in a condition compatible with its business
use.
(B) Supporting Structural Members. Supporting structural members are to
be structurally sound, free of deterioration and capable of bearing imposed
loads safely.
(C) Garbage. No garbage or solid waste shall be stored or
allowed to accumulate within a structure unless contained in trash receptacles
which are in accordance with the sanitation regulations of the city. (Ord. 7-87
(part), 1987)
5.04.420 Vacant or unoccupied buildings.
All the provisions of Section 5.04.410 (including exterior and interior
requirements) shall apply to occupied structures and buildings shall not be
required to comply with the interior requirements of Section 5.04.410 (2), but
shall comply with the exterior requirements of Section 5.04.410(1). All
unoccupied or vacant structures or buildings shall be secured by their owners to
prevent the entry of unauthorized persons or the serving as a haven or nesting
place for birds, rats and other vermin. (Ord. 7-87 (part), 1987)
5.04.430 Duties of the operator.
All parts of the premises under the control of the operator shall be kept
in a safe sanitary condition consistent with the business use and the operator
shall refrain from performing any acts which would render other parts of the
premises unsafe or unsanitary or which would obstruct any adjacent operator from
performing any duty required or from maintaining his premises in a safe and
sanitary condition.
Where the owner would not otherwise know of a defect of
any facility, utility, or equipment required to be furnished hereunder and the
same is found to be defective or inoperable, the operator affected thereby shall
upon learning of such defect provide notice to the owner. (Ord. 7-87 (part),
1987)
Division 5. Buildings or Premises Damaged
5.04.440 Notice of removal.
Whenever any building or structure is found by the building official or
fire chief of the city to be damaged by fire, decay or other cause to the extent
of fifty percent of its value, the city manager or an official designated by him
shall cause written notice to be served upon the owner thereof and upon the
occupant thereof, if any, by certified mail or by personal service. Such notice
shall state that it has been found that the building has or may be damaged by
fire, decay or other cause to the extent of fifty percent of its value, that it
should be torn down and removed within thirty days from the receipt of such
notice and that, in the event the owner decided to contest such finding, a board
of three members will be appointed for the purpose of verifying the extent of
the damage. (Ord. O-10-93 § 4 (part), 1993; Ord. 7-87 (part),
1987)
5.04.450 Selection of board to determine damage.
If the owner of such building notifies the city administrator in writing
of his desire to have a board of three members determine the question of damage
to the building, the owner shall, with such request, designate one person to be
a member of the board. Thereafter, the city council shall designate one member,
and these two members shall select a third member. (Ord. 7-87 (part),
1987)
5.04.460 Owner to remove upon verification.
If such board determines, by a majority vote, that the building in
question has been damaged to the extent of fifty percent of its value, it shall
be the duty of the owner to tear down or remove such building within twenty days
after the finding of the board, and it shall be unlawful to occupy or permit
such building to be occupied after such finding. (Ord. 7-87 (part),
1987)
5.04.470 Vacation of premises.
If the fire official determines that the condition of any building
presents an imminent danger to the public health or safety, he may order the
immediate vacation of the unsafe premises as well as endangered adjacent
premises, and may divert traffic from streets and sidewalks. (Ord. 7-87 (part),
1987)
Division 6. Historic Buildings
5.04.480 Preservation of historic buildings.
It is the policy of the city of Travelers Rest to encourage property
owners to preserve historic buildings. To this end, the city administrator shall
establish appropriate safeguards and procedures to prevent the demolition of
historic buildings when reasonable to do so. These procedures shall provide at
minimum for the following:
(a) The maintenance of an inventory of historic
buildings;
(b) Any building in the historic buildings inventory shall be
exempt from the provisions of this article requiring demolition except that this
provision shall not be construed to limit the authority of the city to require
the demolition of any structure posing an immediate danger to life, limb or
property. (Ord. 7-87 (part), 1987)
Division 7. Enforcement, Inspections and Notice of Noncompliance
5.04.490 Enforcement.
The responsibility for the enforcement of this article is vested in the
fire official and such other persons designated by the city administrator to
enforce same. (Ord. 7-87 (part), 1987)
5.04.500 Inspection--Compliance.
The inspection, permitting and compliance of buildings and premises
subject to the provisions of this article shall be made in accordance with the
procedures of the Standard Unsafe Building Abatement Code. (Ord. O-05-97 §
2, 1997: Ord. 7-87 (part), 1987)
Division 8. Building Board of Adjustments and Appeals
5.04.510 Appeals.
Any person aggrieved by any decision of the fire official or such other
person authorized to enforce this article shall have the right to appeal to the
building board of adjustments and appeals. All provisions applicable to appeals
set forth in the Standard Building Code shall control appeals under this
article. (Ord. 7-87 (part), 1987)
Division 9. Penalty
5.04.520 Violation--Penalty.
Any person, firm or corporation violating this article or after due notice
shall fail to comply with orders issued by the fire official under the terms and
provisions of this article, shall be guilty of a misdemeanor and punished upon
conviction by a fine of not more than two hundred dollars or by imprisonment not
exceeding thirty days. Each day of violation shall constitute a separate
offense. (Ord. 7-87 (part), 1987)
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