S.C. Code Ann. § 10-5-260

Buildings required to be in compliance; responsibility of owners and occupants

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026South CarolinaAccessibility & Design

Operative Text

S.C. Code Ann. § 10-5-260
No person may construct or alter a building, structure, or facility of any occupancy classification, with exception of detached one and two family dwellings, unless the construction or areas being altered are designed in compliance with the standards and requirements adopted pursuant to the chapter. If the occupancy, as defined by the building code, of an existing building is changed, that building must be made to conform to the requirements of this chapter for the new occupancy. If the occupancy of a portion of an existing building is changed, only the portion that is changed shall be required to comply.

It is the responsibility of the owner or the occupant of property which contains structural or building elements or components required to be in compliance with this article, to continuously maintain these elements and components in a condition that is safe and usable by persons with disabilities at all times.

Nothing in this chapter affects in any way government buildings, public buildings, or facilities exempted by any federal law, including the Americans with Disabilities Act of 1990, as amended.
Source: Legislative text reproduced verbatim
Plain English

S.C. Code Ann. § 10-5-260 establishes that any new construction or alteration of a building (excluding detached one- and two-family dwellings) must comply with the state's accessibility standards. When a building's occupancy classification changes, the affected portion—or the whole building if the entire use changes—must be brought into conformance with the chapter's requirements for the new occupancy. Owners and occupants share an ongoing duty to keep accessibility-related structural elements and components safe and usable for persons with disabilities at all times, while certain government and federally exempted buildings fall outside the chapter's reach.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Under § 10-5-260, property owners and managers who undertake construction, renovation, or a change in occupancy classification are generally expected to ensure that the affected areas meet South Carolina's adopted accessibility standards before the work is completed or the new use begins. The continuous-maintenance obligation in this section means that compliant operators routinely inspect and repair accessibility features—such as ramps, door hardware, and accessible restroom components—so they remain safe and functional on an ongoing basis, not just at the time of initial construction. Operators of detached one- and two-family dwellings are not subject to the construction and alteration requirements of this provision, though the maintenance duty still applies to any accessibility elements that are otherwise required.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 10-5-260 gives tenants and building occupants a basis to expect that accessibility features in covered buildings are kept in a continuously safe and usable condition, not merely installed and then neglected. If an accessibility element—such as a ramp, lift, or accessible entrance—is broken or unusable, this provision's maintenance requirement may be relevant to a complaint or enforcement action. Tenants who believe a property is out of compliance may consider contacting South Carolina's building code enforcement authority, a local disability-rights organization, or a tenant-rights group to understand what reporting or complaint options may be available under § 10-5-260.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 10-5-210
S.C. Code Ann. § 10-5-210
S.C. Code Ann. § 10-5-270

Related Rules

§ 8.54
§ 8.54 Notice.
§ 8.55
§ 8.55 Compliance information.
§ 200.937
§ 200.937 Supplementary specific procedural requirements under HUD building product standards and certification program for plastic bathtub units, plastic shower receptors and stalls, plastic lavatories, plastic water closet bowls and tanks.

Source Information

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Fetched:Oct 20, 2026, 11:19 AM UTC