South Carolina H 3908: Multifamily Dwelling Safety Act

Bill Text

2025-2026 Bill 3908 Text of Previous Version (Feb. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3908

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"MULTIFAMILY DWELLING SAFETY ACT" BY ADDING chapter 12 to title 40 SO AS TO 
PROVIDE NECESSARY DEFINITIONS; TO PROVIDE QUALIFICATIONS FOR MULTIFAMILY 
DWELLING INSPECTORS AND SPECIAL INSPECTORS; TO PROVIDE THE DEPARTMENT OF LABOR, 
LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS ADOPTING A MULTIFAMILY 
DWELLING BALCONY CODE TO SET MINIMUM STANDARDS FOR BALCONY RAILINGS THAT ARE 
PRIMARILY CONSTRUCTED OF WOOD AND ARE LOCATED IN MULTIFAMILY DWELLINGS, AND TO 
PROVIDE FOR THE APPLICABILITY OF THE CODE; TO REQUIRE THE DEPARTMENT TO 
PERIODICALLY CONDUCT INSPECTIONS OF SUCH BALCONIES TO ASCERTAIN COMPLIANCE WITH 
THE CODE; TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A PROPERTY OWNER A FEE 
FOR INSPECTIONS MADE TO ENFORCE THE CODE; TO provide REMEDIES FOR VIOLATIONS; 
TO provide THE DEPARTMENT MAY AUTHORIZE WAIVERS OR EXEMPTIONS UNDER THE CODE; 
AND TO PROVIDE PENALTIES FOR CODE VIOLATIONS.

Be it enacted by the General 
Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Multifamily Dwelling Safety Act."

SECTION 2. Title 40 of the S.C. Code is amended by adding:

CHAPTER 12

Multifamily Dwelling Safety Act

 Section 
40-12-110. As used in this chapter:

 (1) 
"Department" means the Department of Labor, Licensing, and Regulation.

 (2) 
"Inspector" means a person employed by the department for the purpose of 
conducting balcony inspections in the administration of this chapter.

 (3) 
"Multifamily dwelling" means a property containing two or more dwelling units, 
including:

 (a) 
an apartment house;

 (b) 
a boarding house;

 (c) 
a convent;

 (d) 
a dormitory;

 (e) 
a fraternity or sorority house;

 (f) 
a hotel or motel;

 (g) 
a monastery; and

 (h) 
a vacation timeshare property.

 (4) 
"Multifamily dwelling" does not include a condominium or other property subject 
to the Horizontal Property Act.

 (5) 
"Special inspector" means an inspector licensed by the department but not 
employed by the department.

 Section 
40-12-120. To be qualified to serve as an inspector 
or special inspector, a person must be:

 (1) a 
professional engineer licensed under Chapter 22 of this title and experienced 
in the practice of structural engineering;

 (2) 
an architect licensed under Chapter 3 of this title and knowledgeable in the 
design, construction, and inspection of buildings; or

 (3) 
for purposes of the inspection of a multifamily dwelling containing more than 
ten dwelling units, a qualified person with at least five years of experience 
in multifamily dwelling operations, upkeep, and maintenance as considered 
appropriate by the department.

 Section 
40-12-130. (A) The department shall 
promulgate regulations adopting a Multifamily Dwelling Balcony Code to set 
minimum standards for balcony railings that are primarily constructed of wood 
and are located in multifamily dwellings.

 (B) 
The Multifamily Dwelling Balcony Code applies to residential structures used 
for human habitation, excluding owner occupied housing units and other housing 
exempted by the department through regulation.

 Section 
40-12-140. (A) The department shall 
inspect balcony railings that are primarily constructed of wood in each 
multifamily dwelling that has such balcony railings at least once every five 
years, beginning no later than ten years after the balcony is constructed, to 
ensure that the balcony railings meet the requirements of the Multifamily 
Dwelling Balcony Code. The department shall conduct initial inspections of 
balcony railings in existence on the effective date of this chapter within five 
years after the effective date of this chapter.

 (B) 
In performing an inspection, the department may employ its own inspector or may 
authorize a special inspector to conduct the inspection on behalf of the 
department.

 (C) 
The department shall provide notice to the owner of a multifamily dwelling at 
least ten days before conducting an inspection.

 (D) 
An owner of a multifamily dwelling subject to regulation by this chapter shall 
grant access to the dwelling and all balconies in the dwelling to the 
department for the purpose of conducting inspections pursuant to the provisions 
of this chapter. Inspections must be permitted during normal business hours or 
as otherwise provided by the department.

 (E) 
If the department determines through an inspection of a balcony railing that 
the railing satisfies the requirements of the Multifamily Dwelling Balcony 
Code, the department shall issue a certification of compliance. This 
certification must include:

 (1) 
a statement that the balcony railings have been