H 4730 General Bill, By Martin, Alexander, Boan, M.A. Hyatt and Kirsh
 A Bill 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
 when an undertaking by a residential specialty contractor exceeds five
 thousand dollars, he shall not be required to be licensed as a residential
 builder in order to perform work within the specialty classification or
 classifications for which he is registered or certified; to amend Section
 40-59-75, relating to registration of residential specialty contractors, fees,
 and certification, so as to provide that an applicant for certification in a
 specialty classification or classifications shall be duly certified by the
 South Carolina Residential Builders Commission without examination upon paying
 the required annual fee and submitting to the Commission an affidavit showing
 that on or before July 1, 1990, he operated his own business in the specialty
 classification or classifications for which he is applying; to provide for
 temporary fees which must be charged by and paid to the South Carolina
 Residential Builders Commission until the Commission establishes fees by
 regulation; and provide that the Residential Builders Commission may not
 increase or extend through emergency regulations said temporary fees until
 after its regulations have been promulgated and approved in accordance with
 the Administrative Procedures Act.

   04/14/92  House  Introduced and read first time HJ-12
   04/14/92  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-13

A BILL

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 WHEN AN UNDERTAKING BY A RESIDENTIAL SPECIALTY CONTRACTOR EXCEEDS FIVE THOUSAND DOLLARS, HE SHALL NOT BE REQUIRED TO BE LICENSED AS A RESIDENTIAL BUILDER IN ORDER TO PERFORM WORK WITHIN THE SPECIALTY CLASSIFICATION OR CLASSIFICATIONS FOR WHICH HE IS REGISTERED OR CERTIFIED; TO AMEND SECTION 40-59-75, RELATING TO REGISTRATION OF RESIDENTIAL SPECIALTY CONTRACTORS, FEES, AND CERTIFICATION, SO AS TO PROVIDE THAT AN APPLICANT FOR CERTIFICATION IN A SPECIALTY CLASSIFICATION OR CLASSIFICATIONS SHALL BE DULY CERTIFIED BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION WITHOUT EXAMINATION UPON PAYING THE REQUIRED ANNUAL FEE AND SUBMITTING TO THE COMMISSION AN AFFIDAVIT SHOWING THAN ON OR BEFORE JULY 1, 1990, HE OPERATED HIS OWN BUSINESS IN THE SPECIALTY CLASSIFICATION OR CLASSIFICATIONS FOR WHICH HE IS APPLYING; TO PROVIDE FOR TEMPORARY FEES WHICH MUST BE CHARGED BY AND PAID TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION UNTIL THE COMMISSION ESTABLISHES FEES BY REGULATION; AND PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MAY NOT INCREASE OR EXTEND THROUGH EMERGENCY REGULATIONS SAID TEMPORARY FEES UNTIL AFTER ITS REGULATIONS HAVE BEEN PROMULGATED AND APPROVED IN ACCORDANCE WITH 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 added by Act 595 of 1990 and 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. When an undertaking by a residential specialty contractor exceeds five thousand dollars, he shall not be required to be licensed as a residential builder in order to perform work within the specialty classification or classifications 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. Section 40-59-75 of the 1976 Code of Laws, as added by Act 595 of 1990, is amended by adding:

"(D) An applicant for certification in a specialty classification or classifications shall be duly certified by the commission without examination upon paying the required annual fee and submitting to the commission an affidavit showing that on or before July 1, 1990, he operated his own business in the specialty classification or classifications for which he is applying."

SECTION 3. (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 builders license;

(b) a license fee of one hundred dollars for a residential builders license;

(c) an additional special examination fee of two hundred dollars for a residential builders license;

(d) an annual renewal fee of one hundred dollars for a residential builders license.

(2) Residential Specialty Contractors - Certified Level:

(a) an application fee of sixty dollars for a residential specialty contractors 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 twenty dollars for a residential specialty contractor certification;

(3) Residential Specialty Contractors - Registered Level:

(a) an application fee of twenty dollars for a residential specialty contractors registration;

(b) an annual renewal fee of twenty dollars for a residential specialty contractor 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, registration, or certification 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 4. This act takes effect upon approval by the Governor.