S*698 Session 108 (1989-1990)
S*0698(Rat #0735, Act #0595 of 1990) General Bill, By Saleeby, A.S. Macaulay,
M.F. Mullinax, H.C. Smith, J.V. Smith and H.S. Stilwell
A Bill to amend Section 40-59-10, Code of Laws of South Carolina, 1976,
relating to the licensing of residential home builders, so as to redesignate
the term "residential home builder" to "residential builder" and further
provide for the definition of a residential builder; to amend the 1976 Code by
adding Section 40-59-15 so as to define the term "residential specialty
contractor"; to amend Sections 40-59-20, 40-59-40, and 40-59-50, relating to
the Residential Builders Commission, so as to further provide for the
membership of the Commission and its powers, duties, and functions; to amend
Section 40-59-70, relating to licenses required of residential builders, so as
to revise the licensing procedure, provide for the manner in which licensing
fees are set, and to delete certain licensing exceptions; to amend the 1976
Code by adding Section 40-59-75 so as to provide procedures for the
registration of residential specialty contractors; to amend the 1976 Code by
adding Section 40-59-77 so as to provide that the Residential Builders
Commission must by regulation classify and define the scope of operations of
residential specialty contractors; to amend Section 40-59-80, relating to
applications for and the issuance of licenses, so as to further provide for
the application and licensing procedures; to amend Section 40-59-90, as
amended, relating to revocation and reissuance of licenses so as to revise
this revocation and reissuance procedure; to amend the 1976 Code by adding
Section 40-59-95 so as to authorize certain legal procedures against persons
violating the provisions of this Act and to provide penalties for violation;
to amend Section 40-59-100, relating to roster of licenses, Section 40-59-110,
as amended, relating to the annual report of the Commission, Section
40-59-120, relating to regulations of the Commission, Section 40-59-130,
relating to penalties for violations, and Section 40-59-160, relating to
duties of building officials, so as to include residential specialty
contractors in these provisions; to amend Section 40-59-140, relating to the
exemption of general contractors, so as to also exempt mechanical contractors
when engaged in contracting in the classification in which they are licensed
to perform mechanical contracting, and to authorize the Commission to classify
or reclassify licenses in existence on the effective date of this Act.-amended
title
04/19/89 Senate Introduced and read first time SJ-9
04/19/89 Senate Referred to Committee on Labor, Commerce and
Industry SJ-10
04/10/90 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-19
04/11/90 Senate Amended SJ-42
04/11/90 Senate Read second time SJ-56
04/11/90 Senate Ordered to third reading with notice of
amendments SJ-56
04/17/90 Senate Read third time and sent to House SJ-16
04/18/90 House Introduced and read first time HJ-12
04/18/90 House Referred to Committee on Labor, Commerce and
Industry HJ-13
05/16/90 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-4
05/17/90 House Debate adjourned until Tuesday, May 22, 1990 HJ-38
05/22/90 House Amended HJ-40
05/22/90 House Read second time HJ-41
05/23/90 House Objection by Rep. Kirsh, Gregory & Washington HJ-8
05/30/90 House Objection withdrawn by Rep. Washington HJ-22
05/31/90 House Objection by Rep. Holt HJ-47
05/31/90 House Debate interrupted HJ-69
06/05/90 House Objection withdrawn by Rep. Holt HJ-31
06/06/90 House Objection by Rep. Sharpe, G. Bailey, McLeod,
Wells & Foster HJ-61
06/06/90 House Debate interrupted HJ-86
06/07/90 House Read third time and returned to Senate with
amendments HJ-25
06/07/90 Senate Concurred in House amendment and enrolled SJ-44
06/19/90 Ratified R 735
06/25/90 Signed By Governor
06/25/90 Effective date 07/01/90
06/25/90 Act No. 595
07/16/90 Copies available
(A595, R735, S698)
AN ACT TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO
REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO
"RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION
OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION
40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY
CONTRACTOR"; TO AMEND SECTIONS 40-59-20, 40-59-40, AND 40-59-50,
RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO FURTHER
PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND ITS POWERS, DUTIES,
AND FUNCTIONS; TO AMEND SECTION 40-59-70, RELATING TO LICENSES
REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO REVISE THE LICENSING
PROCEDURE, PROVIDE FOR THE MANNER IN WHICH LICENSING FEES ARE SET, AND
TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY
ADDING SECTION 40-59-75 SO AS TO PROVIDE PROCEDURES FOR THE
REGISTRATION OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND THE 1976
CODE BY ADDING SECTION 40-59-77 SO AS TO PROVIDE THAT THE RESIDENTIAL
BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE
OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION
40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES,
SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES;
TO AMEND SECTION 40-59-90, AS AMENDED, RELATING TO REVOCATION AND
REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE
PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO
AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE
PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO
AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION
40-59-110, AS AMENDED, RELATING TO THE ANNUAL REPORT OF THE
COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE
COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS,
AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS
TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO
AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL
CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED
IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO
PERFORM MECHANICAL CONTRACTING, AND TO AUTHORIZE THE COMMISSION TO
CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF
THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Name and definitions changed
SECTION 1. Section 40-59-10 of the 1976 Code is amended to read:
"Section 40-59-10. For the purpose of this chapter, a
`residential builder' is one who constructs a residential building or
structure for sale or who, for a fixed price, commission, fee, or
wage, undertakes or offers to undertake the construction or
superintending of the construction of any building or structure which
is not over three floors in height and which does not have more than
sixteen units in the apartment complex, or the repair, improvement, or
reimprovement thereof, to be used by another as a residence when the
cost of the undertaking exceeds five thousand dollars. Nothing in this
chapter prevents any person, or his agents, from performing these acts
on his own residence or on his other real estate held for personal or
rental, as opposed to speculative, purposes. Anyone who engages or
offers to engage in such undertaking in this State is considered to
have engaged in the business of residential building."
Residential specialty contractor defined
SECTION 2. The 1976 Code is amended by adding:
"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.
Residential specialty contractors include:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) pest controllers;
(h) floor covering installers;
(i) masons;
(j) dry wall installers;
(k) carpenters;
(l) wallpaperers;
(m) painters."
Commission membership
SECTION 3. Section 40-59-20 of the 1976 Code is amended to read:
"Section 40-59-20. There is hereby created the South
Carolina Residential Builders Commission, hereinafter referred to as
the commission. The commission must be composed of seven persons who
shall have been residents of the State for at least five years and two
of whom must be consumers not engaged in the business of residential
building, four of whom have been actively engaged in residential
building for a period of at least five years prior to the date of
their appointment, and one of whom has been actively engaged in
residential specialty contracting for a period of at least five years
prior to the date of his appointment. One member must be appointed
from each congressional district and one must be appointed from the
State at large. Members of the commission must be appointed by the
Governor with the advice and consent of the Senate for a term of four
years or until their successors are appointed and qualify. Any
vacancy occurring by reason of death, resignation, removal for cause,
or otherwise must be filled for the remainder of the unexpired term in
the same manner as provided for the original appointments. The
Governor may remove any member of the commission for misconduct,
incompetency, or neglect of duty.
Each member of the commission shall, before entering upon the
discharge of the duties of his office, take and file with the
Secretary of State, in writing, an oath to perform properly the duties
of his office as a member of the commission and to uphold the
Constitution of this State and the United States."
Commission seal revised
SECTION 4. Section 40-59-40 of the 1976 Code is amended to read:
"Section 40-59-40. The commission, at its first meeting
after appointment, shall organize by electing a chairman and a
vice-chairman who shall serve for a term of one year and until their
successors are appointed and qualify. The commission shall adopt
bylaws for the purpose of governing the proceedings of the commission
and shall adopt a commission seal on which shall appear the words
`South Carolina Residential Builders Commission'."
Duties expanded
SECTION 5. Section 40-59-50 of the 1976 Code is amended to read:
"Section 40-59-50. The commission may employ a director to
serve at the discretion of the commission. The duties of the director
must be prescribed by the commission and shall include, but not be
limited to, the following:
(a) keep a record of the proceedings of the commission;
(b) receive and account for all monies received by the
commission;
(c) keep a register of all applicants for licenses showing
for each the date of application, name, qualifications, place of
business, place of residence, and whether the license was granted or
refused; and
(d) keep a register of all residential specialty
contractors doing business in this State showing for each the date of
registration, name, place of business, place of residence, and office
telephone number. A residential specialty contractor must notify the
commission in writing within thirty days of any change in the
information required to be on file with the commission.
The director shall execute a bond, payable to the commission, for
the proper performance of his duties in that sum as the commission may
require.
The commission may also employ clerical and stenographic
assistance and other personnel as may be necessary to effectuate the
provisions of this chapter. The compensation of all employees of the
commission must be fixed by the commission and paid from the fees
received by the commission pursuant to the provisions of this
chapter."
Licensing, provisions revised
SECTION 6. Section 40-59-70 of the 1976 Code is amended to read:
"Section 40-59-70. (A) All residential builders are required
to be licensed by the commission annually under the provisions of this
chapter.
(B) The commission shall issue a license upon the applicant's
payment of the examination fee and annual license fee, if the
commission, as a result of examining the applicant, has determined
that he is qualified to engage in residential building and has
obtained an executed bond with a surety approved by the commission in
the sum of fifteen thousand dollars, or proof of financial
responsibility acceptable to the commission.
(C) Unless otherwise provided under the provisions of this
chapter, the commission shall renew all licenses upon the applicant's
submission to the commission of the renewal application, proof of
financial responsibility or bond, and payment of the annual license
fee.
The annual license fees for residential builders must be set by
the commission based on its cost of operation. The annual fees may be
increased or decreased by the commission but in no event may the
commission set the annual fees at an amount which would not provide
sufficient revenues to pay all the salaries, costs, and expenses
incurred by the commission in enforcing the provisions of this
chapter. All fees beginning with those for the period July 1, 1990, to
June 30, 1991, must be set by regulation of the commission. The
annual license fees are for the period of twelve months beginning July
first of each year. All license fees collected by the commission must
be paid into the State Treasury as provided by law for payment into
the State Treasury of other taxes."
Registration of residential specialty contractors
SECTION 7. The 1976 Code is amended by adding:
"Section 40-59-75. (A) Any person who engages in residential
specialty contracting within the meaning of this chapter must register
with the commission and pay an annual registration fee. It is
unlawful for any person to engage in residential specialty contracting
without being registered with the commission.
(B) Any person desiring to use the title `certified residential
specialty contractor' within the meaning of this chapter must meet the
qualifications as prescribed by regulation of the commission. It is
unlawful for any person not qualified and certified in the manner
prescribed in this chapter to use the title `certified residential
specialty contractor'. Annual renewal is required for a certificate
to remain in effect. A person desiring to be certified as a
residential specialty contractor shall make application on a form
prescribed and furnished by the commission. The commission shall
review the applications submitted to it and make determinations in
each case it considers proper and has final disposition of all
applications. In the event certification is denied, an applicant may
appeal to the commission within sixty days of receipt of the denial
for a review of his application.
(C) All assessments, certification, and registration fees must
be set by regulation of the commission."
Classification of residential specialty contractors
SECTION 8. The 1976 Code is amended by adding:
"Section 40-59-77. (A) The commission shall, by regulation,
classify residential specialty contractors in a manner consistent with
established usage and procedure in the construction business, and may
limit the field and scope of the operations of a certified residential
specialty contractor to those in which he is to be certified. All
residential specialty contractor certificates issued by the commission
must be for one or more of the classifications adopted pursuant to
this chapter.
(B) Residential specialty contractors must be qualified and
experienced in the particular branches or fields of the contracting
vocation in which they intend to, and do, engage. A certified
residential specialty contractor may make application for
classification and be classified in more than one classification if he
meets the qualifications prescribed by the commission for the
additional classification. The commission shall set a fee for
application and a certification fee for each classification. Only one
application fee is required no matter how many specialty
classifications a residential specialty contractor applies for. The
certification fee set by the commission may only cover the cost of
testing for the specialty certification.
Residential specialty contractors certified by the commission are
not exempt from complying with county and municipal business license
ordinances or other regulatory ordinances. Any county or municipality
may require a residential specialty contractor to be examined and
licensed in accordance with standards adopted by the county or
municipality."
Licensing requirements revised
SECTION 9. Section 40-59-80 of the 1976 Code is amended to read:
"Section 40-59-80. Any residential builder who desires to be
licensed under the provisions of this chapter shall make and file with
the commission thirty days prior to the next meeting of the commission
a written application on such form as may be prescribed by the
commission. The application must be accompanied by the payment of the
annual license fee required by the commission and an examination fee
as set by the commission. A prerequisite for the taking of an
examination for a residential builder's license is a minimum of one
year of actual experience under the supervision of a licensed
residential builder who is engaged in residential building
construction involving the trades or crafts for which the license is
desired. The commission, in examining an applicant, shall consider
the following qualifications of the applicant:
(a) experience;
(b) ability;
(c) character;
(d) financial condition;
(e) equipment;
(f) ability and willingness to conserve the public health and
safety; and
(g) other pertinent information the commission may require.
If, as a result of the examination, the commission finds that the
applicant is qualified to engage in residential building in South
Carolina, and if the applicant submits an executed bond in the form
and with a surety approved by the commission, or proof of financial
responsibility acceptable to the commission, the commission shall
issue the license for which the applicant is qualified. Any applicant
rejected by the commission must be given the opportunity to be
reexamined after he has paid an additional examination fee, except
that if the applicant fails the examination three times he shall wait
twelve months before being examined again.
A record must be made and preserved by the commission of each
examination of an applicant and the findings of the commission
pertaining to the examination. A certified copy of the record shall be
furnished to any applicant requesting the record upon the payment of a
fee to the commission that reasonably reflects the cost of furnishing
the record to the applicant."
Revocation and reissuance procedure revised
SECTION 10. Section 40-59-90 of the 1976 Code, as last amended by Act
62 of 1989, is further amended to read:
"Section 40-59-90. The commission may revoke, suspend, or
restrict for a period not to exceed one year the license of a
residential builder, certificate of a residential specialty
contractor, or registration of a residential specialty contractor who,
in the opinion of the commission, has committed fraud or deceit in
obtaining a license or certificate or in registering as required by
the provisions of this chapter or has been guilty of gross negligence,
incompetence, or misconduct in the practice of home building or
residential specialty contracting. A person, including the
commission, may prefer charges of fraud, deceit, negligence,
incompetence, or misconduct against a residential builder licensed
under this chapter or a residential specialty contractor certified or
registered under this chapter. The charges must be made to the
commission in writing and sworn to by the person so charging and must
be submitted to the director of the commission.
The charges, unless dismissed without hearing by the commission
as unfounded or trivial, must be heard by the commission in an open
hearing within three months after the date on which they were
preferred. A copy of the charges, together with notice of the time
and place of the hearing, must be served legally on the residential
builder or residential specialty contractor charged at least thirty
days before the fixed date for the hearing. At the hearing the
residential builder or residential specialty contractor charged may
appear personally or be represented by counsel and may cross-examine
witnesses against him and produce evidence and witnesses in his
defense. If, after the hearing, a majority of the commission votes in
favor of revoking, suspending, or restricting for a period not to
exceed one year the license of the residential builder or the
certificate or registration of the residential specialty contractor
charged on the basis of fraud or deceit in obtaining his license or
certificate or in registering with the commission or gross negligence,
incompetence, or misconduct in the performance of home building or
residential specialty contracting, the commission shall order the
license of the residential builder, the certificate of the residential
specialty contractor, or the registration of the residential specialty
contractor revoked, suspended, or restricted for a period not to
exceed one year. After the commission revokes, suspends, or restricts
for a period not to exceed one year the license of the residential
builder or the certificate or the registration of the residential
specialty contractor, he has ten days to file with the commission
written notice of his intention to appeal from the order of the
commission. All appeals from the order of the commission are governed
by the provisions of Article 3, Chapter 23 of Title 1 (the
Administrative Procedures Act).
The commission may reissue a license to a residential builder or
certificate to a residential specialty contractor whose license or
certificate was previously revoked if a majority of the members of the
commission vote in favor of the reissuance."
Legal proceedings authorized
SECTION 11. The 1976 Code is amended by adding:
"Section 40-59-95. (A) In addition to all other
remedies provided by law, when it appears to the director, either upon
complaint or otherwise, that any person or combination of persons has
engaged, or is engaging, in any act of contracting, practice, or
transaction which constitutes a violation of this chapter or any
regulation or order of the commission, whether or not the person is
properly licensed, certified, or registered with the commission, the
director may either:
(1) serve upon the person not licensed, certified, or
registered under the chapter, by certified mail or by personal
service, a cease and desist order requiring the person to cease and
desist immediately, upon receipt of the notice, from engaging in the
act, practice, or transaction. If the person fails to comply with the
order, the director may file an action in the court of common pleas
for enforcement of the cease and desist order or file an action
pursuant to item (2) of this subsection in the court of common pleas
to restrain and enjoin the person from engaging in the act, practice,
or transaction and for wilful violation of the order. If the court
finds that the person wilfully failed to obey a valid cease and desist
order, the court shall impose a civil penalty of not less than two
hundred fifty dollars nor more than two thousand dollars for each
violation. Any amount collected as a civil penalty must be remitted
pursuant to subsection (B) of this section;
(2) apply through the Attorney General, the administrator
of the Department of Consumer Affairs, the county attorney, or
solicitor of the county in which the act, practice, or transaction is
alleged to have been committed, to the court of common pleas of that
county for an injunction restraining the person from engaging in the
act, practice, or transaction or doing any act in furtherance of the
act, practice, or transaction. Upon a proper showing, a temporary
restraining order, a preliminary injunction, or a permanent injunction
may be granted without bond. Process in the action may be served upon
the defendant in any county of this State where he transacts business
or is found.
(B) In actions brought under item (2) of subsection (A), each
violation of this chapter or regulation or order of the director
constitutes a separate offense and the court may impose a civil
penalty not to exceed two thousand dollars for each violation which is
in addition to all other penalties provided by law. Fifty percent of
the penalty must be remitted to the general fund of the county where
the case was tried and fifty percent must be deposited in the state
general fund if the violation is prosecuted by the county attorney or
solicitor. Seventy-five percent of the penalty must be deposited in
the state general fund if the violation is prosecuted by the Attorney
General or the administrator of the Department of Consumer Affairs,
and twenty-five percent must be remitted to the prosecuting agency for
expenses in trying the case."
Roster provisions revised
SECTION 12. Section 40-59-100 of the 1976 Code is amended to read:
"Section 40-59-100. A complete roster that shows all the
names and places of business of the residential builders and
residential specialty contractors licensed, certified, or registered
by the commission during the preceding year must be prepared annually
by the commission and forwarded to and filed with the clerks of court
for the several counties."
Annual submissions revised
SECTION 13. Section 40-59-110 of the 1976 Code, as last amended by Act
62 of 1989, is further amended to read:
"Section 40-59-110. The commission shall annually submit
to the Governor and the General Assembly a report of its transactions
for the preceding year including a complete statement of the receipts
and expenditures of the commission, a roster of all the residential
builders licensed for that year, all the residential specialty
contractors certified or registered for that year, and a list of the
residential builders and residential specialty contractors whose
license or certificate was revoked, suspended, or restricted by the
commission during the preceding year. The commission shall also
annually file with the Secretary of State a certified copy of the
report at the same time the report is submitted to the Governor and
the General Assembly."
Regulation provisions revised
SECTION 14. Section 40-59-120 of the 1976 Code is amended to read:
"Section 40-59-120. The commission may promulgate reasonable
regulations as may be necessary to effectuate the provisions of this
chapter."
Penalty provisions revised
SECTION 15. Section 40-59-130 of the 1976 Code is amended to read:
"Section 40-59-130. Any residential builder or residential
specialty contractor who undertakes or attempts to undertake the
business of residential building or residential specialty contracting
without first having procured a valid license or certificate or
registered with the commission as required in Section 40-59-50 which
has neither expired nor been revoked, or who knowingly presents to, or
files with, the commission false information for the purpose of
obtaining a license or certificate or becoming registered is guilty of
a misdemeanor and, upon conviction, must be fined not less than one
hundred dollars or imprisoned for not less than thirty days.
A residential builder who does not have a license or residential
specialty contractor who is not certified or registered as required
may not bring any action either at law or in equity to enforce the
provisions of any contract for residential building or residential
specialty contracting which he entered into in violation of this
chapter.
Whenever it appears to the commission that any residential
builder or residential specialty contractor has violated, or is about
to violate, the provisions of this chapter, the commission may in its
own name petition the court of common pleas of the county wherein the
violation occurred or is about to occur to issue a temporary
restraining order enjoining the violation of this chapter, pending a
full hearing to determine whether or not the injunction must be made
permanent."
Exemption of mechanical contractors
SECTION 16. Section 40-59-140 of the 1976 Code is amended to read:
"Section 40-59-140. The provisions of this chapter do not
apply to any person licensed as a general contractor under the
provisions of Chapter 11 of Title 40 for the purpose of undertaking
the construction, or superintending of construction, of any building,
or the improvement, reimprovement, or repair of any building. No
residential builder who is licensed pursuant to the provisions of this
chapter is also required to be licensed as a general contractor or
mechanical contractor under the provisions of Chapter 11 of Title 40
in order to engage in residential building as defined in Section
40-59-10. A mechanical contractor is exempt from the provisions of
this chapter relating to residential specialty contractors when
engaged in contracting in the classification in which he is licensed
to perform mechanical contracting. The Residential Builders Commission
is the sole licensing, certifying, and registration board for persons
who engage solely in residential building as defined in Section
40-59-10 and in residential specialty contracting as defined in
Section 40-59-15."
Duties changed
SECTION 17. Section 40-59-160 of the 1976 Code is amended to read:
"Section 40-59-160. It is the duty of the building
official, or other authority charged with the duty of issuing building
or similar permits, of any incorporated municipality or subdivision of
the municipality or county to refuse to issue a permit for any
undertaking which would classify the applicant as a residential
builder or residential specialty contractor under the provisions of
this chapter unless the applicant has furnished evidence that he is
either licensed, certified, or registered as required by this chapter
or exempt from the requirements of this chapter. It is also the duty
of the building official, or other authority charged with the duty of
issuing building or similar permits, to report to the state licensing
board the name and address of any person who, in his opinion, has
violated this chapter by accepting or contracting to accomplish work
which would classify the person as a residential builder or
residential specialty contractor under the provisions of this
chapter."
Required date of registration
SECTION 18. Any person engaged in residential specialty contracting
must be duly registered by the commission upon paying the required
annual fee within six months from the effective date of this act.
Classification or reclassification of licenses
SECTION 19. The commission may classify or reclassify existing
licenses valid on the effective date of this act into the
classifications in which the majority of the licensee's contracting is
embraced, which fact must be determined according to the information
requested by and given to the commission by the licensee. The
commission shall give the licensees the opportunity to qualify for,
and be classified and certified in, additional classifications in
which they intend to, or do, contract.
Commission membership appointments
SECTION 20. The member of the South Carolina Residential Builders
Commission required to be engaged in residential specialty contracting
pursuant to Section 40-59-20, as amended by this act, must be
appointed upon the expiration of the terms of a member or members who
are not engaged in residential specialty contracting. All present
members of the commission shall serve until their current terms of
office expire.
Time effective
SECTION 21. This act takes effect July 1, 1990.
Approved the 25th day of June, 1990.
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