Current Status Introducing Body:House Bill Number:3722 Primary Sponsor:McLeod Committee Number:26 Type of Legislation:GB Subject:Residential speciality contractors Residing Body:House Current Committee:Labor, Commerce and Industry Date Tabled:19930413 Computer Document Number:BBM/10355JM.93 Introduced Date:19930316 Last History Body:House Last History Date:19930413 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:McLeod Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3722 House 19930413 Tabled in Committee 26
3722 House 19930316 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTION 40-59-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE THAT SUCH A CONTRACTOR WHO IS REGISTERED OR CERTIFIED IN ONLY ONE SPECIALTY IS NOT REQUIRED TO BE LICENSED AS A RESIDENTIAL BUILDER IN ORDER TO ENGAGE IN AN UNDERTAKING THAT EXCEEDS FIVE THOUSAND DOLLARS WITHIN THE SPECIALTY CLASSIFICATION FOR WHICH HE IS REGISTERED OR CERTIFIED; TO PROVIDE FOR CERTAIN TEMPORARY FEES TO BE CHARGED BY AND PAID TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION UNTIL THE COMMISSION ESTABLISHES FEES BY REGULATION; AND TO PROVIDE THAT THE COMMISSION MAY NOT INCREASE OR EXTEND THESE PARTICULAR FEES THROUGH EMERGENCY REGULATIONS UNTIL AFTER ITS REGULATIONS HAVE BEEN PROMULGATED AND APPROVED PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-59-15 of the 1976 Code, as last amended by Act 130 of 1991, is further amended to read:
"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title. A residential specialty contractor who is registered or certified in only one specialty shall not be required to be licensed as a residential builder in order to engage in an undertaking that exceeds five thousand dollars within the specialty classification for which he is registered or certified.
Residential specialty contractors is are limited to:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) floor covering installers;
(h) masons;
(i) dry wall installers;
(j) carpenters;
(k) wallpaperers;
(l) painters."
SECTION 2. (A) Notwithstanding the provisions of Sections 40-59-70(C) and 40-59-75(C) of the 1976 Code, the following temporary fees must be charged by and paid to the South Carolina Residential Builders Commission until the commission establishes fees by regulation, at which time this section no longer has any force or effect:
(1) Residential Builders:
(a) an application/examination fee of one hundred dollars for a residential builder's license;
(b) a license fee of one hundred dollars for a residential builder's license;
(c) an additional special examination fee of two hundred dollars for a residential builder's license;
(d) an annual renewal fee of one hundred dollars for a residential builder's license.
(2) Residential Specialty Contractors - Certified Level:
(a) an application fee of sixty dollars for a residential specialty contractor's certification;
(b) a certification/examination fee of sixty dollars for certification in each specialty or classification;
(c) an additional special examination fee of one hundred twenty dollars for each residential specialty contractor specialty or classification;
(d) an annual renewal fee of sixty dollars for a residential specialty contractor certification;
(3) Residential Specialty Contractors - Registered Level:
(a) an application fee of twenty dollars for a residential specialty contractor's registration;
(b) an annual renewal fee of twenty dollars for a residential specialty contractor's registration;
(4) Other fees and penalties:
(a) a replacement fee of ten dollars for replacing any lost, destroyed, or mutilated license, registration, or certification;
(b) a fee of five dollars for furnishing an examinee with a certified copy of the record of his examination;
(c) a late penalty of fifty dollars for applications for renewal of a license; thirty dollars for applications for renewal of a certification; and ten dollars for applications for renewal of a registration received after July thirty-first, following expiration of the license, registration, or certification. An application for renewal received more than twelve months after expiration of the license, registration, or certification must also be accompanied by an additional renewal fee.
(B) The South Carolina Residential Builders Commission may not increase or extend through emergency regulations fees provided for in this section until after such time as its regulations have been promulgated and approved according to the Administrative Procedures Act in Chapter 23 of Title 1 of the 1976 Code of Laws.
SECTION 3. This act takes effect upon approval by the Governor.