S.C. Code Ann. § 10-5-260
Buildings required to be in compliance; responsibility of owners and occupants
Operative Text
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.
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.
Plain English — not legal advice.
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.
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.
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