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H 3908

Multifamily Dwelling Safety Act

2025-2026 Regular Session Introduced by Beth Bernstein and 2 co-sponsors

Establishes a balcony safety code for wooden railings on multifamily buildings and mandates five-year inspections, with fees, orders, and penalties for noncompliance.

Referred to Committee on Labor, Commerce and Industry
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Bill Summary · H 3908

Summary — H 3908: Multifamily Dwelling Safety Act

Note: The materials provided included an unrelated Massachusetts local recall measure (House Docket No. 3908). This summary focuses on the Multifamily Dwelling Safety Act text (South Carolina) that establishes a balcony safety code and inspection regime for multifamily dwellings.

Purpose / Intent

To create statewide minimum safety standards and a regular inspection program for balcony railings that are primarily constructed of wood on multifamily residential properties, and to authorize the Department of Labor, Licensing and Regulation (the Department) to adopt regulations, charge inspection fees, issue compliance certifications and orders, authorize waivers, and enforce penalties for violations.

Key provisions

  • Definitions: “Department,” “inspector,” “special inspector,” and “multifamily dwelling” (two or more units; explicitly includes apartments, boarding houses, dormitories, hotels/motels, fraternities/sororities, convents/monasteries, timeshares). Excludes condominiums or properties subject to the Horizontal Property Act.
  • Inspector qualifications (Section 40-12-120): must be either
    • a licensed professional engineer with structural engineering experience; or
    • a licensed architect experienced in design/construction/inspection; or
    • for multifamily buildings with more than 10 units, a person with at least 5 years’ experience in multifamily operations/upkeep as approved by the Department.
    • “Special inspectors” may be licensed by the Department but not employed by it.
  • Balcony Code (Section 40-12-130): Department must promulgate a “Multifamily Dwelling Balcony Code” setting minimum standards for wooden balcony railings. Code applies to residential structures used for human habitation, with owner-occupied units and other exemptions permitted by regulation.
  • Inspection program (Section 40-12-140):
    • Department must inspect wooden balcony railings at least once every five years.
    • Inspections must begin no later than 10 years after a balcony’s construction; existing balconies must receive an initial inspection within five years of the act’s effective date.
    • Inspections may be performed by Department inspectors or authorized special inspectors.
    • Owners must receive at least 10 days’ notice and must grant access during normal business hours.
    • If compliant, Department issues a certification of compliance listing owner, address, inspector, date, results, etc.
    • If noncompliant, Department may issue written orders requiring corrective action and may temporarily cease access to the balcony until corrected.
  • Fees (Section 40-12-150): Department will charge property owners inspection fees set by regulation; fees must be sufficient to cover inspection costs.
  • Waivers/exemptions (Sections 40-12-160 & 40-12-170): Owner may apply for waivers for rental units if tenants receive adequate notice, opportunity to comment, and safety is not threatened. Department may authorize other waivers/exemptions by regulation.
  • Penalties (Section 40-12-180): Willful violations are misdemeanors. On conviction: imprisonment up to 30 days, a fine up to $500 per day for each day the violation exists, or both.
  • Rulemaking and effective date:
    • Department must promulgate required regulations adopting the Balcony Code within six months after the act’s effective date.
    • The Department may not enforce the act against owners/tenants until those regulations take effect.
    • Act takes effect upon the Governor’s approval.

Who is affected

  • Property owners/managers of multifamily dwellings with primarily wooden balcony railings (except condominiums/Horiz. Property Act properties and exempted units).
  • Tenants in those multifamily dwellings (notice and comment rights for waivers; potential temporary loss of balcony access for safety).
  • Department of Labor, Licensing and Regulation (administration, inspections, rulemaking).
  • Inspectors and special inspectors (licensing/qualification requirements).
  • Local governments may be indirectly affected through safety enforcement and coordination.

Potential impacts and considerations

  • Costs to owners: inspection fees (to cover Department costs) and potential repair/replacement expenses where railings fail code.
  • Safety benefits: periodic inspections and mandatory corrective orders aim to reduce balcony collapses/failures.
  • Administrative burden: Department must develop regulations within six months and create inspection/recordkeeping processes.
  • Enforcement risks: criminal misdemeanor penalties could apply for willful noncompliance; temporary loss of balcony access may affect tenants.
  • Scope limitations: code targets primarily wooden balcony railings and excludes condominiums and possibly other owner-occupied units as regulated.

Legislative status / timeline (from provided record)

  • Introduced: 02/06/2025.
  • Department required to adopt implementing regulations within six months after the act’s effective date; enforcement deferred until regulations take effect.
  • Hearing scheduled (per record): 05/06/2025, 1:00–4:00 PM (B-1).
  • (Materials included other docket entries that appear to be from a different bill; this summary isolates the Multifamily Dwelling Safety Act provisions.)

Compiled from official sources — confirm details with the bill’s official record.

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