H*4018(Rat #0185, Act #0124 of 1995)  General Bill, By Cato
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 41-16-75 so as to prohibit a special inspector from performing elevator
 inspections under certain circumstances, Section 40-59-255 so as to provide
 requirements for inspection reports issued by licensed home inspectors, and
 Section 40-59-257 so as to provide requirements for advertisements by licensed
 home inspectors.

   04/12/95  House  Introduced and read first time HJ-21
   04/12/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-21
   05/18/95  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-31
   05/23/95  House  Read second time HJ-139
   05/24/95  House  Read third time and sent to Senate HJ-6
   05/24/95  Senate Introduced, read first time, placed on calendar
                     without reference SJ-19
   05/30/95  Senate Amended SJ-79
   05/30/95  Senate Read second time SJ-79
   05/31/95  Senate Read third time and returned to House with
                     amendments SJ-139
   06/01/95  House  Concurred in Senate amendment and enrolled HJ-3
   06/06/95         Ratified R 185
   06/12/95         Signed By Governor
   06/12/95         Effective date 06/12/95
   08/09/95         Copies available
   08/09/95         Act No. 124

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES, SECTION 40-59-255 SO AS TO PROVIDE REQUIREMENTS FOR INSPECTION REPORTS ISSUED BY LICENSED HOME INSPECTORS, AND SECTION 40-59-257 SO AS TO PROVIDE REQUIREMENTS FOR ADVERTISEMENTS BY LICENSED HOME INSPECTORS.

Be it enacted by the General Assembly of the State of South Carolina:

Prohibitions on special inspectors

SECTION 1. The 1976 Code is amended by adding:

"Section 41-16-75. It is unlawful for a special inspector to perform elevator inspections under this chapter or regulations promulgated pursuant to it on an elevator on which he or his employer has a current service or warranty contract."

Requirements for home inspection reports

SECTION 2. The 1976 Code is amended by adding:

"Section 40-59-255. (A) An inspection report issued by a licensed home inspector under this chapter must be on a form approved by the commission. For purposes of this section, a form that contains the same information as the commission-approved form is considered to have met the requirements of this section.

(B) Nothing in this section may require a home inspector to inspect every item contained in the commission-approved form, nor may it limit a home inspector from performing a home inspection whose scope goes beyond the information contained in the commission-approved form. A home inspector shall indicate on the inspection report which items, if any, were not inspected.

(C) A home inspector shall disclose the scope and limitations, if any, of each inspection before performing a home inspection."

Requirements for advertisements by home inspectors

SECTION 3. The 1976 Code is amended by adding:

"Section 40-59-257. `Advertisement' means any form of public notice, however disseminated. An advertisement by a licensed home inspector shall include the name, business name, address, and license number of the licensee. The use of any false, misleading, unfair, or deceptive practice in any advertisement is grounds for disciplinary action as provided for under this chapter."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.