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)