South Carolina S 116: Multi Family Dwellings

Bill Text

2025-2026 Bill 116 Text of Previous Version (Jan. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 116

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 SO AS TO ENACT 
THE "MULTIFAMILY DWELLING SAFETY ACT"; BY ADDING SECTION 20-21-110 SO AS TO 
PROVIDE DEFINITIONS FOR A MULTIFAMILY DWELLING AND OTHER TERMS; BY ADDING 
SECTION 20-21-120 SO AS TO DEFINE A QUALIFIED INSPECTOR OF MULTIFAMILY 
DWELLINGS; BY ADDING SECTION 20-21-130 SO AS TO REQUIRE THE DEPARTMENT OF 
LABOR, LICENSING AND REGULATION TO ADOPT A MULTIFAMILY DWELLING BALCONY CODE 
ESTABLISHING MINIMUM STANDARDS FOR BALCONY RAILINGS THAT ARE PRIMARILY 
CONSTRUCTED OF WOOD AND ARE LOCATED IN MULTIFAMILY DWELLINGS; BY ADDING SECTION 
20-21-140 SO AS TO REQUIRE THE DEPARTMENT TO PERIODICALLY CONDUCT INSPECTIONS 
OF SUCH BALCONIES TO ASCERTAIN COMPLIANCE WITH THE CODE; BY ADDING SECTION 
20-21-150 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A PROPERTY OWNER A 
FEE FOR INSPECTIONS MADE TO ENFORCE THE MULTIFAMILY DWELLING BALCONY CODE; BY 
ADDING SECTION 20-21-160 SO AS TO PROVIDE REMEDIES FOR VIOLATIONS; BY ADDING 
SECTION 20-21-170 SO AS TO PROVIDE THAT THE DEPARTMENT MAY AUTHORIZE WAIVERS OR 
EXEMPTIONS UNDER THE MULTIFAMILY DWELLING BALCONY CODE; AND BY ADDING SECTION 
20-21-180 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF THE MULTIFAMILY DWELLING 
BALCONY CODE.

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 20 of the S.C. Code is amended by adding:

CHAPTER 21

Multifamily Dwelling Safety Act

 Section 
20-21-110. 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 
20-21-120. 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 
20-21-130. (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 
20-21-140. (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 a