1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 H. 3472 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Lourie, Cotty, Barfield, Bingham, Bowers, Branham, Clark, Emory, M. Hines, Leach, 10 McCraw, Rhoad, Rivers, Snow, Talley, Thompson, Toole and Townsend 11 Document Path: l:\council\bills\bbm\9415sd03.doc 12 Companion/Similar bill(s): 3422 13 14 Introduced in the House on January 29, 2003 15 Currently residing in the House Committee on Education and Public Works 16 17 Summary: Waiver to school building codes 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 1/29/2003 House Introduced and read first time HJ-38 24 1/29/2003 House Referred to Committee on Education and Public Works HJ-38 25 26 27 VERSIONS OF THIS BILL 28 29 1/29/2003 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 59-23-195 SO AS TO 13 AUTHORIZE THE STATE SUPERINTENDENT OF 14 EDUCATION TO GRANT A WAIVER TO A SCHOOL 15 DISTRICT WHICH APPLIES TO APPLICABLE SCHOOL 16 BUILDING CODES RELATING TO MINIMUM LOT SIZE 17 REQUIREMENTS OR BUILDING SQUARE FOOT 18 REQUIREMENTS FOR CONSTRUCTION OF A NEW PUBLIC 19 SCHOOL BUILDING OR FOR THE CONVERSION OF AN 20 EXISTING COMMERCIAL BUILDING INTO A PUBLIC 21 SCHOOL FACILITY, AND TO PROVIDE THAT THIS 22 AUTHORITY GRANTED THE STATE SUPERINTENDENT OF 23 EDUCATION IS SUPERIOR TO AND SUPERSEDES 24 APPLICABLE BUILDING CODES AND THE AUTHORITY OF 25 A LOCAL BUILDING OFFICIAL OR ENTITY TO 26 DISAPPROVE THE VARIANCES GRANTED BY THE 27 WAIVER. 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Article 2, Chapter 23, Title 59 of the 1976 Code is 33 amended by adding: 34 35 “Section 59-23-195. (A) Notwithstanding any other provision 36 of law, the State Superintendent of Education is authorized to grant 37 a waiver to a school district which applies to applicable school 38 building codes relating to minimum lot size requirements or 39 building square foot requirements for construction of a new public 40 school building or for the conversion of an existing commercial 41 building into a public school facility; provided, that no waiver as to 42 required exits, corridors, stairways, and doors may be granted.

1 [3472] 1 1 (B) The authority granted the State Superintendent of 2 Education under this section is superior to and supersedes 3 provisions of applicable building codes and the authority of a local 4 building official or entity to disapprove the variances granted by 5 the waiver.” 6 7 SECTION 2. This act takes effect upon approval by the 8 Governor. 9 ----XX---- 10

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