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COMMITTEE REPORT
March 2, 2006
S. 1128
S. Printed 3/2/06--S.
Read the first time February 7, 2006.
To whom was referred a Bill (S. 1128) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-59-35 so as to prohibit a person from engaging in the business of residential, etc., respectfully
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, Section 40-59-35, page 2, by striking lines 4-14 and inserting:
/ "Section 40-59-35. (A) The provisions of this section apply to all persons, firms, or corporations who engage in, or attempt to engage in, the business of residential heating and air conditioning contracting, or any combination of these, and who receive compensation for providing these services. The provisions of this section do not apply to homeowners who make minor repairs or minor replacements to an already installed system. For purposes of this section, 'minor repairs or minor replacements' include the replacement of parts in an installed system that do not require any change in energy source, fuel type, or routing or sizing of venting or piping. This provision does not apply to licensed residential builders or general contractors who are purchasing heating and/or air conditioning equipment to be installed by licensed heating and air conditioning residential specialty contractors. /
Amend further, Section 40-59-35, page 2 by striking lines 40-43 and on page 3 by striking lines 1-3 and inserting:
/ (G) In addition to any other penalties provided for in this chapter, a person who violates a provision of this section is subject to provisions of Section 40-59-210(B)." /
Renumber sections to conform.
Amend title to conform.
GLENN F. McCONNELL for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Whereas, the South Carolina General Assembly finds that:
The State of South Carolina has chosen to license heating and air conditioning contractors to ensure that consumers have access to qualified and trained professionals;
Work performed by unlicensed individuals has the potential to be a safety hazard to South Carolina's citizens and their property; and
Work performed by unlicensed contractors creates an unfair advantage in the market. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 59, Title 40 of the 1976 Code is amended by adding:
"Section 40-59-35. (A) The provisions of this section apply to all persons, firms, or corporations who engage in, or attempt to engage in, the business of residential heating and air conditioning contracting, or any combination of these, and who receive compensation for providing these services. The provisions of this section do not apply to homeowners who make minor repairs or minor replacements to an already installed system. For purposes of this section, 'minor repairs or minor replacements' include the replacement of parts in an installed system that do not require any change in energy source, fuel type, or routing or sizing of venting or piping.
(B) No contract or proposal for sale or installation of residential heating and air conditioning equipment or systems may be presented to a buyer unless:
(1) the specifications for and design of the system have been first reviewed and approved by an employee of the retail seller who is licensed in accordance with this chapter; or
(2) the specifications for and design of the system have been first reviewed and approved by the person licensed in accordance with this chapter who must install the system, if the installer is not an employee of the retail seller.
(C) This section does not prohibit a retail seller or contractor from providing a written estimate to a potential buyer so long as no contract or proposal for contract is presented before the review and approval required by subsection (B).
(D) The person installing heating and air conditioning equipment and systems must be licensed in accordance with this chapter to perform services in this State.
(E) The contract for sale and for installation must be signed by an authorized representative of the retail seller and by the licensed contractor or his designee and must contain the contractor's name, license number, and telephone number and the license number of the person approving the system design specifications.
(F) Installation services must be performed in compliance with all applicable building codes, manufacturer's installation instructions, and permit and inspection requirements.
(G) In addition to any other penalties provided for in this chapter, a person who violates a provision of this section is subject to a civil penalty as may be established by the department in regulation.
(H) The department may promulgate regulations establishing a civil penalty for violations of this section and may impose such penalty for violations of this section."
SECTION 2. This act takes effect upon the approval by the Governor.
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