S.C. Code Ann. § 10-5-320
Suits for injunction against noncompliance; accessibility of meetings and conferences with state agencies
Operative Text
The official having jurisdiction pursuant to Section 10-5-270 to enforce the provisions of this article shall notify the owner of property in violation of this article to comply with its provisions and make the necessary changes or corrections within a reasonable time. In the event of noncompliance after a reasonable time, the official may bring suit before an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1 to enjoin further construction or use of the building, structure, or facility until it is in compliance with this article. All meetings and conferences of an agency of this State, in which participation by the public is invited or desirable, must be held in a place and manner that is accessible to persons with disabilities.
Under S.C. Code Ann. § 10-5-320, when a property is found to be out of compliance with South Carolina's accessibility requirements, the designated enforcement official must first give the owner written notice and a reasonable period to make corrections. If the owner still does not comply after that time, the official is authorized to seek an injunction before an Administrative Law Judge to halt further construction or use of the non-compliant building or facility. Separately, the provision requires that any state agency meeting or conference open to public participation be held in a location and format that is accessible to people with disabilities.
Plain English — not legal advice.
Property owners and managers subject to South Carolina's accessibility article should be aware that S.C. Code Ann. § 10-5-320 establishes a two-step enforcement process: first, a notice period giving the owner a reasonable opportunity to correct identified violations, and then potential legal action before an Administrative Law Judge if corrections are not made. Compliant operators generally document and complete required accessibility modifications promptly upon receiving any official notice, keeping records of the work performed and its timeline. Owners who also operate facilities used for public agency meetings should ensure those spaces meet the accessibility standards required for public participation under this same provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 10-5-320 gives tenants and members of the public a basis to understand that state enforcement officials have the authority to compel property owners to bring buildings and facilities into accessibility compliance, including through injunctive relief before an Administrative Law Judge. If you believe a building or facility is not meeting the accessibility requirements of South Carolina's accessibility article, you may consider contacting the official having jurisdiction under § 10-5-270 to report the potential violation and trigger the notice-and-correction process. Tenant-rights organizations and disability advocacy groups can help explain what options may be available under this provision and related state law.
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
References In
Rules and statutes that cite this regulation