H 4434 Session 109 (1991-1992)
H 4434 General Bill, By Martin
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 81
to Title 40 so as to enact the "South Carolina Landscape Irrigation Contractor
Certification Act", thereby providing a means for certifying persons who wish
to engage in the practice of landscape irrigation contracting, and to provide
for related and incidental matters, including provisions for a civil penalty.
02/20/92 House Introduced and read first time HJ-7
02/20/92 House Referred to Committee on Labor, Commerce and
Industry HJ-7
04/16/92 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
05/06/92 House Objection by Rep. Beatty HJ-30
05/06/92 House Continued HJ-30
COMMITTEE REPORT
April 16, 1992
H. 4434
Introduced by REP. L. Martin
S. Printed 4/16/92--H.
Read the first time February 20, 1992.
THE COMMITTEE ON LABOR, COMMERCE AND
INDUSTRY
To whom was referred a Bill (H. 4434), to amend the Code of Laws
of South Carolina, 1976, by adding Chapter 81 to Title 40 so as to enact
the "South Carolina Landscape Irrigation Contractor Certification
Act", etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 81
Landscape Irrigation Contractors
Section 40-81-10. This chapter may be cited as the `South Carolina
Landscape Irrigation Contractor Certification Act'.
Section 40-81-20. As used in this chapter:
(a) `Board' means the South Carolina Land Resources Conservation
Commission.
(b) `Council' means the Landscape Irrigation Contractors
Advisory Council which consists of five qualified professional
landscape irrigation contractors appointed by the board to serve as
provided in this chapter.
(c) `Landscape irrigation contracting' means the design, construction,
repair, maintenance, improvement, or alteration of any portion of a
landscape irrigation system, including required wiring within that system
and connection to the required power supply and the installation and
connection to a public water supply system or any suitable source under
the terms and conditions of a contract.
(d) `Landscape irrigation contractor' means a person who is
certified to engage in landscape irrigation contracting.
(e) `Certificate' means the `Landscape Irrigation Contractor
Certificate' issued by the board pursuant to the provisions of this chapter.
(f) `Landscape irrigation system' means any assemblage of
components, materials, or special equipment which is designed,
constructed, and installed for controlled dispersion of water from any
safe and suitable source, including properly treated wastewater, for the
purpose of irrigating landscape vegetation or the control of dust and
erosion on landscaped areas, including integral pumping systems or
integral control systems for manual, semi-automatic, or automatic
control of the operation of these systems. If a `landscape irrigation
system' is connected to a potable water supply, the landscape irrigation
contractor shall install a proper backflow prevention device.
Section 40-81-30. No person shall engage in the business of
landscape irrigation contracting without securing from the board a
landscape irrigation contractor certificate, in accordance with the
provisions of this chapter, except: (a) property owners performing
work on their own property or using their own regular employees;
(b) vendors of landscape irrigation components, materials, or
equipment who perform only such functions as delivery of equipment or
supplies, or rendering of advice or assistance concerning installation, or
provide normal warranty service or exchange of defective or damaged
goods;
(c) contractors engaged in the design, fabrication, installation, or
construction of irrigation apparatus or irrigation equipment of any type
which is to be used solely for agricultural purposes; and
(d) persons engaged in landscape irrigation contracting solely as
an employee of a landscape irrigation contractor.
All persons under the above exceptions are exempt from the
requirement of the certificate imposed by this chapter.
Nothing in this chapter shall be construed to prevent individuals
licensed or certified in this State under any other law from engaging in
the profession for which they are licensed or certified.
Section 40-81-40. The board shall serve as the board of
certification for landscape irrigation contractors and shall administer the
provisions of this chapter. The board is responsible for administering
this chapter, developing regulations governing the implementation of
this chapter, certifying landscape irrigation contractors, and providing
the personnel necessary to the council for the implementation of its
duties. In addition, the board shall:
(a) give adequate written notice of the times and locations of
examinations for certification of landscape irrigation contractors;
(b) notify applicants of examination results within thirty days of
the receipt of the results;
(c) issue and renew certificates pursuant to this chapter, as
appropriate;
(d) suspend or revoke certificates issued under this chapter
pursuant to the provisions of this chapter;
(e) maintain a registry of landscape irrigation contractor certificates
which shall record the name and address of the contractor, the date the
certificate was issued, expiration date of the certificate, and the number
of the certificate;
(f) promulgate and amend regulations to implement the provisions
of this chapter; adopt and amend by-laws and rules of procedure to
administer and implement the provisions of this chapter;
(g) adopt minimum standards for a landscape irrigation system
and for landscape irrigation contracting;
(h) not adopt any standard or rule that requires or prohibits the use
of any irrigation system, component part, or equipment of any particular
brand or manufacturer;
(i) annually adopt fees for the examinations, application, and
renewal of a certificate. These fees shall be prescribed or modified to
the extent necessary to defray the expenses incurred by the board and the
council in the performance of their duties but shall not be fixed at a level
that will raise amounts in excess of the amount estimated to be so
required.
(j) prescribe reasonable fees in an amount sufficient to pay for the
costs of administering the provisions of this chapter in the following
categories:
(1) examination fee;
(2) reciprocity fee;
(3) annual renewal fee;
(4) duplicate certificate fee;
(5) reinstatement fee.
All funds derived under the provisions of this chapter shall be
remitted to the State Treasurer as collected. Annual appropriations shall
be requested by the board and may be expended as directed by the board
upon requisitions directed to the Comptroller General who shall, after
being satisfied of the propriety of payment, issue a warrant for payment
to the State Treasurer.
Section 40-81-50. There is created the Landscape Irrigation
Contractors Advisory Council. It is composed of five members who are
certified landscape irrigation contractors and residents of South Carolina
appointed by the board for terms of four years and until their successors
are appointed and qualify. Terms of the members are limited to two
consecutive four-year terms.
Of the first council members appointed, three shall serve terms of
four years and two shall serve terms of two years. Thereafter, all new
appointments and reappointments shall be for four years.
The council members shall be professional landscape irrigation
contractors actively engaged in the practice of landscape irrigation
contracting for at least five years, and in responsible charge of landscape
irrigation contracting for at least three years at the time of appointment.
Vacancies in the membership of the council shall be filled for the
unexpired portion of the term in the manner of the original
appointments.
Each member of the council shall receive the usual per diem,
mileage, and subsistence as provided by law for members of state
boards, commissions, and committees for days on which they are
transacting official business, to be paid from general appropriations of
the board.
Section 40-81-60. Under the direction of the board, the council
shall:
(a) develop examination standards to properly evaluate the
knowledge, ability, and fitness of applicants for certification as
landscape irrigation contractors;
(b) review the qualifications of an applicant for certification as a
landscape irrigation contractor;
(c) administer examinations for certification at times and locations
approved by the board;
(d) evaluate the examinations of all applicants for certification
and recommend the certification of the applicants who pass the
examinations to the board;
(e) develop and recommend to the board regulations to implement
the provisions of this chapter;
(f) specify minimum acceptable standards for a landscape irrigation
system that include water conservation, irrigation system design and
installation, and conformance with municipal codes by a certified
landscape irrigation contractor; and
(g) assist in other functions specifically delegated to the council
by the board.
An applicant who fails an examination may not retake the
examination sooner than six months after the initial examination.
Section 40-81-70. The council shall hold at least two regular
meetings each year. Special meetings may be held as the bylaws of the
council provide. The council shall elect annually a chairman, a vice
chairman, and a secretary. A quorum of the council shall consist of
three members.
Section 40-81-80. The Attorney General or designee from his staff
shall advise the board and council and render such legal assistance as
may be necessary in carrying out the provisions of this chapter.
Section 40-81-90. After the expiration of one year from the
effective date of this chapter, any person who, without possessing a
valid, unrevoked certificate as provided in the chapter, uses the title or
term `landscape irrigation contractor' or installs a `landscape irrigation
system' shall be subject to the disciplinary provisions outlined in
Sections 40-81-140 and 40-81-150 of this chapter.
Section 40-81-100. A person seeking certification as a landscape
irrigation contractor shall apply therefor on forms prescribed by
regulation and promulgated and provided by the board and shall pay the
application fee established by the board. In addition to any other
information or documents that may be required by the board, each
applicant shall submit satisfactory evidence that the applicant:
(a) is of good character;
(b) has a minimum of one year's experience in the field of
landscape irrigation; and
(c) has satisfactorily passed an examination administered by the
board.
In the case of applications for a certificate to practice landscape
irrigation contracting which are made within one year after the effective
date of this chapter, the board may waive the examination requirements
and accept in lieu thereof satisfactory evidence that the applicant is
professionally competent to practice landscape irrigation contracting;
provided, that the applicant shall have been in responsible charge of
landscape irrigation contracting for at least one year prior to submitting
the application.
Section 40-81-110. Each certificate issued pursuant to this chapter
shall expire on January thirty-first of the calendar year following
issuance.
At least thirty days prior to the certificate expiration date, the board
shall send a renewal notice to the person's last known address according
to the records of the board.
A person may seek renewal of a certificate upon submission, prior to
the January thirty-first expiration date, of a renewal application and the
renewal fee established by the board.
If a renewal application and fee are not received by the board, the
certificate shall expire. If a certificate has expired for a period of ninety
days or less, the person may renew the certificate by paying the required
renewal fee and late penalty. If the certificate has expired for a period
longer than ninety days, the person may not renew the certificate. The
person may obtain a new certificate by submitting to reexamination and
complying with the requirements and procedures for obtaining an initial
certificate.
Section 40-81-120. To qualify for certificate renewal as a landscape
irrigation contractor, the certificate holder must have completed a
minimum of eight contact hours of continuing education approved by
the board within the year immediately preceding certificate renewal.
Documentation of compliance with this section shall be by affidavit
provided on the application for certificate renewal. Erroneous or false
information attested to by the certificate holder shall be deemed grounds
for denial of certificate renewal and possible suspension of certificate or
denial of consideration for future certificate reinstatement, as may be
determined by the board.
Section 40-81-130. The board may refuse to admit a person to an
examination or may refuse to issue or renew or may suspend or revoke
any certificate issued by the board pursuant to this chapter upon proof
that the applicant or holder of the certificate:
(a) has obtained a certificate or authorization to sit for an
examination, as the case may be, through fraud, deception, or
misrepresentation;
(b) has engaged in the use or employment of dishonesty, fraud,
deception, misrepresentation, false promise, or false pretense;
(c) has engaged in gross negligence or gross incompetence;
(d) has engaged in repeated acts of negligence or incompetence;
(e) has engaged in occupational misconduct as may be determined by
the board;
(f) has been convicted of any crime involving moral turpitude or any
crime relating adversely to the activity regulated by the board. For the
purposes of this item, a plea of guilty or nolo contendere or any other
similar disposition of alleged criminal activity shall be deemed a
conviction;
(g) has had his authority to engage in the activity regulated by the
board revoked or suspended by any other state, agency, or authority for
reasons consistent with this section;
(h) has violated or failed to comply with the provisions of this
chapter; or
(i) is incapable, for medical or any other good cause, of discharging
the functions of a certificate holder in a manner consistent with the
public's health, safety, and welfare.
Section 40-81-140. A person who represents himself as a certified
landscape irrigation contractor, engages in the practice of landscape
irrigation contracting, or installs a landscape irrigation system in this
State without being certified under the provision of this chapter, who
presents or attempts to use as his own the certificate of another person
who is a certified landscape irrigation contractor, or who gives false or
forged evidence of any kind to the board or to any member of the board
in obtaining or assisting in obtaining a certificate for another is guilty of
a misdemeanor.
Any person violating any provision of this chapter, including the
regulations promulgated thereunder, shall be liable to a civil penalty of
not more than two thousand five hundred dollars for the first violation
and not more than five thousand dollars for the second and each
subsequent violation. The board may bring an action for the collection
or enforcement of civil penalties or impose administrative fines for the
violation of any provision of this chapter or any regulation promulgated
thereunder.
Section 40-81-150. Whenever it shall appear to the board or council
that a violation of this chapter, including engaging in landscape
irrigation contracting without a certificate, has occurred, is occurring, or
will occur, the board may seek and obtain in a summary proceeding in
the circuit court an injunction prohibiting the act or practice. In this
proceeding the court may assess a civil penalty in accordance with the
provisions of this chapter and may enter those orders necessary to
prevent the performance of an unlawful practice in the future.
Section 40-81-160. The issuance of a certificate by the board shall
authorize the certificate holder to perform landscape irrigation
contracting in accordance with local code requirements in any
municipality, county, or other political subdivision of the State, and no
further examination or special license shall be required of the certificate
holder, except business licenses, permit fees, and such other standard
licenses and fees as may be required of any person doing business within
the jurisdiction of the political subdivision.
Section 40-81-170. The board may waive any registration
requirement for an applicant who holds a valid landscape irrigation
contractor certificate or license issued by another state that has
registration requirements substantially equivalent to those of this State.
Section 40-81-180. Any person may file a complaint with the board.
The complaint must be in writing and must state the specific acts
complained of. The board, by regulation, shall establish a procedure for
reviewing complaints that will insure the protection of the individual's
right to due process."
SECTION 2. This act takes effect upon approval by the
Governor, except that Section 40-81-30 shall remain inoperative for one
year following approval by the Governor./
Amend title to conform.
THOMAS C. ALEXANDER, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $25,750
2. Estimated Cost to State-Annually
Thereafter $25,750
H. 4434 proposes to amend the S.C. Code of Laws of (1976), by
adding Chapter 81 of Title 40 so as to enact the "South Carolina
Landscape Irrigation Contractor Certification Act", provide a
means for certifying persons; and to provide for related and incidental
matters, including provisions for a civil penalty.
Enactment of H. 4434 would require the expenditure of $25,750 of
State General Funds. These funds would be used to implement the
Certification Act.
All operational expenses incurred would be offset from revenues
generated by the certification program and in compliance with the
revenue proviso requirements in the appropriations act.
Prepared By: Approved By:
Kenneth Brown George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO ENACT THE
"SOUTH CAROLINA LANDSCAPE IRRIGATION
CONTRACTOR CERTIFICATION ACT", THEREBY
PROVIDING A MEANS FOR CERTIFYING PERSONS WHO WISH
TO ENGAGE IN THE PRACTICE OF LANDSCAPE IRRIGATION
CONTRACTING, AND TO PROVIDE FOR RELATED AND
INCIDENTAL MATTERS, INCLUDING PROVISIONS FOR A CIVIL
PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 81
Landscape Irrigation Contractors
Section 40-81-10. This chapter may be cited as the `South Carolina
Landscape Irrigation Contractor Certification Act'.
Section 40-81-20. As used in this chapter:
(a) `Board' means the South Carolina Land Resources Conservation
Commission.
(b) `Council' means the body of five qualified professional
landscape irrigation contractors appointed by the board to serve as
provided in this chapter.
(c) `Landscape irrigation contracting' means the design, construction,
repair, maintenance, improvement, and alteration of any portion of a
landscape irrigation system, including required wiring within that system
and connection to the required power supply and the installation and
connection to a public water supply system or any suitable source under
the terms and conditions of a contract.
(d)`Landscape irrigation contractor' means a person who is certified
to do landscape irrigation contracting.
(e) `Landscape irrigation contractor certificate' or `certificate' means
the certificate issued by the board pursuant to the provisions of this
chapter.
(f) `Landscape irrigation system' means any assemblage of
components, materials, or special equipment which is designed,
constructed, and installed for controlled dispersion of water from any
safe and suitable source, including properly treated wastewater, for the
purpose of irrigating landscape vegetation or the control of dust and
erosion on landscaped areas, including integral pumping systems or
integral control systems for manual, semi-automatic, or automatic
control of the operation of these systems.
(g) `Employee' means a regular, full-time employee with full
benefits provided to all other employees and who may not have been
employed by or engaged in the business of irrigation for a period of not
less than ninety days prior to contemplated irrigation installation.
Section 40-81-30. No person shall engage in the business of
landscape irrigation contracting without securing from the board a
landscape irrigation contractor certificate, in accordance with the
provisions of this chapter, except: property owners performing work on
their own property themselves or with their own regular employees;
vendors of landscape irrigation components, materials, or equipment
who perform only such functions as delivery or rendering of advice or
assistance in the installation or normal warranty service or exchange of
defective or damaged goods; contractors engaged in the design,
fabrication, installation, or construction of irrigation apparatus or
irrigation equipment of any type which is to be used solely for
agricultural purposes in the production of harvestable and saleable
vegetative or animal products; and persons engaged in landscape
irrigation contracting solely as an employee of a landscape irrigation
contractor. All of the named persons under the above exception are
exempt from the requirement of a certificate imposed by this chapter.
Section 40-81-40. The board shall appoint a council of five
qualified professional landscape irrigation contractors who shall approve
certification of those eligible to become certified landscape irrigation
contractors. The five members of the council shall be appointed for
three years and until their successors have been appointed and qualify.
Of the first five appointed, two shall be for terms of three years, two for
terms of two years, and one for a term of one year. Thereafter, the
successors to these initial appointees shall serve for terms of three years
each, in accordance with the method for staggered terms provided here.
A member is eligible for reappointment for one additional consecutive
term. Of the first five appointed, two shall come from the board of
directors of the Carolinas Irrigation Association, and all five members
must be legal residents of South Carolina.
Section 40-81-50. Each member of the council, with the exception
of the original five who are not required to be certified pursuant to this
chapter, must be a certified landscape irrigation contractor who has been
actively engaged in the practice of landscape irrigation contracting for
a period of at least five years.
Section 40-81-60. Each member of the council may receive an
amount as provided for in the annual General Appropriations Act for
each day actually and reasonably engaged in the services of the board
and must be reimbursed for all actual traveling, incidental, and clerical
expenses necessarily incurred in carrying out the provisions of this
chapter. These expenses must be paid from general appropriations to the
board.
Section 40-81-70. Vacancies in the membership of the council shall
be filled for the unexpired portion of the term in the manner of the
original appointments.
Section 40-81-80. The council shall hold at least two regular
meetings each year. Special meetings may be held as the bylaws of the
council provide. The council shall elect annually a chairman, a vice
chairman, and a secretary. A quorum of the council shall consist of
three members.
Section 40-81-90. The Attorney General shall act as legal adviser
to the board and render such legal assistance as may be necessary in
carrying out the provisions of this chapter.
Section 40-81-100. If a landscape irrigation system is connected to
potable water supply, the landscape irrigation contractor's responsibility
begins with a properly installed backflow prevention device.
Nothing in this chapter shall be construed to prevent individuals
licensed or certified in this State under any other law from engaging in
the profession for which they are licensed or certified.
Section 40-81-110. A person seeking certification as a landscape
irrigation contractor shall apply therefor on forms prescribed by
regulation and promulgated and provided by the board and shall pay the
application fee established by the board by regulation. In addition to
any other information or documents that may be required by the board,
each applicant shall submit satisfactory evidence that the applicant is of
good moral character, is at least twenty-one years of age, and has a
minimum of three years' experience in the field of landscape irrigation.
Section 40-81-120. In administering this chapter, the council shall:
(a) review the qualifications of an applicant for certification as a
landscape irrigation contractor;
(b) insure the proper conduct and standards of examinations for
the certification of landscape irrigation contractors;
(c) issue and renew certificates pursuant to this chapter, as
appropriate;
(d) refuse to issue or renew, or shall suspend or revoke, a
certificate issued under this chapter pursuant to the provisions of this
chapter;
(e) maintain a registry of landscape irrigation contractor certificates
which shall record the name and address of the contractor, the date the
certificate was issued, and the number of the certificate;
(f) promulgate regulations to carry out the provisions of this chapter;
(g) adopt fees for the examinations, application, and renewal of
a certificate. These fees shall be prescribed or changed to the extent
necessary to defray the expenses incurred by the board and the council
in the performance of their duties but shall not be fixed at a level that
will raise amounts in excess of the amount estimated to be so required.
All fees must be promulgated by the board by regulation;
(h) establish means for enforcement of this chapter, including, but
not limited to, delegation of authority of enforcement to local political
subdivisions.
Section 40-81-130. The council shall develop examinations to
evaluate the knowledge, ability, and fitness of applicants to perform as
landscape irrigation contractors and for the certification thereof and shall
administer these examinations at least semi-annually at times and places
to be determined by the council. The board shall provide adequate
written notice of the time and place of the examination. An applicant
who fails an examination may not retake the examination sooner than six
months after the initial examination. The board shall issue a certificate
to an applicant who successfully passes the examination and otherwise
meets the standards and qualifications established by the council.
Each initial certificate issued pursuant to this chapter shall expire on
January thirty-first of the second calendar year following issuance. All
certificates issued thereafter shall remain valid for a period of two years
and shall expire on January thirty-first of the second calendar year. A
new certificate issued at any time after the regular January thirty-first
date of issuance shall remain valid until the regular January thirty-first
date of expiration.
A person may seek renewal of a certificate upon submission of a
renewal application and the renewal fee established by the board.
If a renewal application and fee are not received by the board, the
certificate shall expire, except that a person may renew a certificate
within two years of its expiration upon payment of a prorated fee. A
new certificate, issued pursuant to the provisions of this chapter, shall be
required of a person who fails to renew a certificate within two years of
its expiration.
Section 40-81-140. The council may refuse to admit a person to an
examination or may refuse to issue or renew or may suspend or revoke
any certificate issued by the board pursuant to this chapter upon proof
that the applicant or holder of the certificate:
(a) has obtained a certificate or authorization to sit for an
examination, as the case may be, through fraud, deception, or
misrepresentation;
(b) has engaged in the use or employment of dishonesty, fraud,
deception, misrepresentation, false promise, or false pretense;
(c) has engaged in gross negligence or gross incompetence;
(d) has engaged in repeated acts of negligence or incompetence;
(e) has engaged in occupational misconduct as may be determined by
the board;
(f) has been convicted of any crime involving moral turpitude or any
crime relating adversely to the activity regulated by the board. For the
purposes of this item, a plea of guilty or nolo contendere or any other
similar disposition of alleged criminal activity shall be deemed a
conviction;
(g) has had his authority to engage in the activity regulated by the
board revoked or suspended by any other state, agency, or authority for
reasons consistent with this section;
(h) has violated or failed to comply with the provisions of this
chapter; or
(i) is incapable, for medical or any other good cause, of discharging
the functions of a certificate holder in a manner consistent with the
public's health, safety, and welfare.
Section 40-81-150. Any person violating any provision of this
chapter, including the regulations promulgated thereunder, shall be
liable to a civil penalty of not more than two thousand five hundred
dollars for the first violation and not more than five thousand dollars for
the second and each subsequent violation. In lieu of an administrative
proceeding, the board or council may bring an action for the collection
or enforcement of civil penalties for the violation of any provision of
this chapter or any regulation promulgated thereunder.
Section 40-81-160. Whenever it shall appear to the board or council
that a violation of this chapter, including engaging in landscape
irrigation contracting without a certificate, has occurred, is occurring, or
will occur, the board or council may seek and obtain in a summary
proceeding in the circuit court an injunction prohibiting the act or
practice. In this proceeding the court may assess a civil penalty in
accordance with the provisions of this chapter and may enter those
orders necessary to prevent the performance of an unlawful practice in
the future.
Section 40-81-170. The issuance of a certificate by the board shall
authorize any certificate holder to perform landscape irrigation
contracting in any municipality, county, or other political subdivision of
the State, and no further examination or special license shall be required
of the certificate holder, except business licenses, permit fees, and such
other standard licenses and fees as may be required of any person doing
business within the jurisdiction of the political subdivision."
SECTION 2. This act takes effect upon approval by the Governor,
except that Section 40-81-30 shall remain inoperative for one hundred
eighty days following approval by the Governor.
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