Current Status Introducing Body:House Bill Number:3343 Primary Sponsor:Trotter Committee Number:26 Type of Legislation:GB Subject:Landscape Irrigation Contractors Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:BBM/10147JM.93 Introduced Date:19930202 Last History Body:House Last History Date:19930202 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Trotter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3343 House 19930202 Introduced, read first time, 26
referred to Committee
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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", AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS, INCLUDING PROVISIONS FOR A MISDEMEANOR OFFENSE AND CERTAIN PENALTIES.
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:
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 and adopt and amend bylaws 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 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 his designee 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 of Sections 40-81-140 and 40-81-150.
Section 40-81-100. A person seeking certification as a landscape irrigation contractor shall apply therefor on forms prescribed by regulation 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) is a high school graduate or has education equivalent thereto;
(c) is at least twenty-one years of age;
(d) has a minimum of three years' experience in the field of landscape irrigation; and
(e) 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 as long as the applicant shall have been in responsible charge of landscape irrigation contracting for at least three years 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 been expired ninety days or less, the person may renew the certificate by paying the required renewal fee and late penalty. If the certificate has been expired for 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 constitutes 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 provisions 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 for 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 appears 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 authorizes 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 insures 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.