South Carolina § 6-10-40 - Appeal by local jurisdiction for variance based on special local conditions; factors considered.

§ 6-10-40. Appeal by local jurisdiction for variance based on special local conditions; factors considered.

A local jurisdiction may appeal to the South Carolina Building Codes Council for a variance from the Energy Standard for application within its jurisdiction based on special local conditions. The council may approve variations if it is established to the council's satisfaction that the proposed variance:

(1) is consistent with this chapter, so that its application will not reduce statewide uniformity of effective energy conservation;

(2) does not discriminate against particular technologies, techniques, or materials;

(3) does not unnecessarily increase the cost of construction and operation of the building in the jurisdiction; or

(4) is necessary to protect the public health, safety, and welfare within the jurisdiction.

Copies of an approved variance must be provided upon the request by the State Energy Office.

HISTORY: 1979 Act No. 156, SECTION 5; 2009 Act No. 46, SECTION 1, eff July 1, 2009.

Editor's Note

2009 Act No. 46 SECTION 3, effective July 1, 2009, provides as follows:

"The provisions of this act do not apply to projects which have received the proper permits as required by law before the effective date of this act."

Effect of Amendment

The 2009 amendment rewrote this section.