reglab/housing_qa huggingface dataset:
SC Code § 40-59-240 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-240. Residential specialty contractors; classification; examination; county and municipal business license ordinances; bonds.

 (A) The commission by regulation shall 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 residential specialty contractor to those in which he is to be registered or certified. Residential specialty contractor registrations and certificates issued by the commission may not be for more than three of the classifications recognized by the commission. Residential specialty contractors registered or certified or wishing to be registered or certified for more than three classifications must be examined and licensed as residential builders.  (B) Residential specialty contractors must be qualified and experienced in the particular areas of the contracting vocation in which they intend to, and do, engage. The commission, by regulation, may require examination in these areas.  (C) Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. A county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality; however, if a residential specialty contractor has passed an examination in his area of contracting and approved by the commission, no additional examination may be required by a county or municipality.  (D) When the total cost of materials and labor for an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor shall obtain an executed bond with a surety in an amount approved by the commission and shall furnish a signed original to the commission.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1990 Act No. 595, Section 8; 1991 Act No. 130, Section 2; 1993 Act No. 72, Section 3; 1999 Act No. 91, Section 8; 1976 Code Section 40-59-77.
SC Code § 40-59-250 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-250. Credit report; factors indicating reputation for timely performance; outstanding judgments.

 (A) A person applying to the commission for licensure as a residential builder or registration as a residential specialty contractor must submit to a credit report. In addition to the information provided by the credit report, the commission may determine from the written application, the personal references provided by the applicant, written communications or complaints to the commission, and from any other reliable, documented sources whether an applicant for licensure as a residential builder or an applicant for registration as a residential specialty contractor has a reputation for the prompt payment of labor and material bills and for the timely completion of other contracts into which the applicant may have entered.  (B) The commission shall require the applicant to list on application and renewal forms any outstanding judgments issued against him or any entities with whom the applicant was associated for the past five years.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 1; 1976 Code Section 40-59-85.
SC Code § 40-59-270 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.

 This chapter does not apply to a person licensed under Chapter 11 for the purpose of undertaking the construction, or superintending of construction, of a building or the improvement, reimprovement, or repair of any building. A residential builder who is licensed pursuant to this chapter is not required to be licensed as a general contractor or mechanical contractor under Chapter 11 in order to engage in residential building as defined in Section 40-59-10. A mechanical contractor is exempt from this chapter relating to residential specialty contractors when engaged in contracting in the classification in which he is licensed to perform mechanical contracting. The commission is the exclusive licensing and registration entity for persons who engage solely in residential building and in residential specialty contracting.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  The reference to Section 40-59-10 contained in this Code section is incorrect; for definitions, see Section 40-59-20.
SC Code § 40-59-280 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-280. Proof of licensure as condition of issuance of local building permit; reports of violations.

 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 shall refuse to issue a permit for an undertaking which requires licensure or registration under this chapter unless the applicant has furnished evidence that he is either licensed or registered in accordance with this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, also shall report to the commission the name and address of an person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work requiring licensure or registration under this chapter when the person has not produced evidence of licensure or registration or exemption from this chapter.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-290 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-290. Severability.

 If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-300 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-300. Construction of low-income housing using volunteer labor by 501(c)(3) eleemosynary organization without presence of "qualifier".

 Notwithstanding any other provision of law, a 501(c)(3) eleemosynary organization may construct a residential home with volunteer labor without the presence of a qualifier if the home without consideration is to be transferred to or made available for the use of an underprivileged or low-income family or individual. "Qualifier" for purposes of this provision means a builder or specialty contractor licensed to perform the particular work being done on the site. The cost of the building permit must be borne by the 501(c)(3) organization.  HISTORY: 2003 Act No. 83, Section 2.
SC Code § 40-59-400 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-400. Definitions.

 For purposes of this article:  (1) "Branch office" means a place of business separate from the principal place of business where building services are offered or provided. A specific project or construction site office is not a branch office.  (2) "Commission" means the South Carolina Residential Builders Commission established in Article 1.  (3) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which offers or provides building services through licensed residential builders, residential specialty contractors, or home inspectors.  (4) "Private practice firm" means a firm through which the practice of residential building, residential specialty contracting, or home inspecting requires a residential business certificate of authorization as described in this chapter.  (5) "Resident licensee" means a licensed practitioner who spends a majority of each normal workday working out of a principal or branch office and who is in responsible charge of the office and the building services provided from that office including, but not limited to, responsibility for applying for permits for the firm.  (6) "Responsible charge" means the direction of building services by a residential builder, residential specialty contractor, or home inspector to the extent that successful completion of the building services is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the building services.  HISTORY: 2000 Act No. 324, Section 1.
SC Code § 40-59-500 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-500. Definitions.

 As used in this article:  (1) "Administrator" means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40-59-50.  (2) "Commission" means the South Carolina Residential Builders Commission.  (3) "Director" means the Director of the Department of Labor, Licensing and Regulation.  (4) "Home inspection" means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence including, but not limited to, structural problems or conditions, damage, safety problems, deterioration, equipment, and systems that are visible and readily accessible. Home inspection does not include a contract or proposal for repair, renovation, or remodeling of the improvements to a residence. The parties to a home inspection may limit or expand the scope of the inspection by agreement.  (5) "Home inspector" means an individual who, for compensation of any sort, engages in the business of home inspection.  (6) "Residence" means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-200.
SC Code § 40-59-510 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-510. Administration; roster of licensed home inspectors.

 The administrator is authorized to administer the provisions of this article. The administrator shall keep a register of all applicants for licensure, including the date of application and the name, qualifications, place of business, and place of residence of the applicant and the status of the license application. The administrator also shall maintain a roster including the name, place of business, residence, and business telephone number of each licensed home inspector. A copy of the roster must be available to anyone upon a written request to the commission. The commission may charge a reasonable fee for complying with a request for a roster. The amount of the fee must be established by the commission in regulation.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-210.
SC Code § 40-59-520 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-520. Licensing requirement; licensing of business entity.

 (A) No person may engage in or transact any home inspection business or hold himself out to the public as a home inspector or offer to engage in or transact any home inspection business in this State unless the person is licensed by the commission.  (B) No license may be issued under this article to a partnership, association, corporation, firm, or group. However, nothing in this article precludes a licensed home inspector from performing home inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-220.
SC Code § 40-59-530 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-530. Exceptions.

 This article does not apply to a person:  (1) employed by the State or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;  (2) inspecting a home exclusively for the use of a bank, savings and loan association, or credit union unless otherwise required by federal law or regulation;  (3) licensed, registered, or certified pursuant to Chapter 3 or a person duly licensed as a general contractor pursuant to Chapter 11 or a person duly licensed pursuant to Article 1 of Chapter 59 or a person duly licensed or registered as a professional engineer pursuant to Chapter 22. Notwithstanding the exemption from licensure under this article, the provisions of this article relating to the conduct of a person in the performance of a home inspection shall apply to that person. A violation of this article is considered a violation against the person's license and subjects the person to disciplinary action by the licensing board under which the person is licensed;  (4) who is duly licensed under the provisions of Section 46-13-55 for the purpose of issuing CL100 Wood Infestation Reports, provided such inspection is limited solely to the requirement of the CL100 report.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-230.
SC Code § 40-59-540 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-540. Application; examination; regulations establishing minimum standards.

 (A) A person desiring to be licensed as a home inspector shall submit written application to the commission on forms as the commission prescribes. Upon the submission of a completed application form and the payment of the fee required by the commission, the applicant is entitled to take the home inspector licensing examination as prescribed by the commission. Upon successful completion of the examination, the commission shall issue the applicant a license authorizing the applicant to engage in the business of home inspection in this State. The issuance of a license is evidence that the licensee is entitled to all the rights and privileges of a licensed home inspector while the license remains active.  (B) The commission shall promulgate regulations to establish the minimum qualifications and uniform criteria for the granting of a home inspector license.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-240.
SC Code § 40-59-550 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-550. Display of license; address changes; renewal; inactive status.

 (A) The licensee shall display the license in the manner prescribed by the commission.  (B) The licensee shall inform the commission of any change in his business or home address.  (C) A license must be renewed before July first of each year for a period of one year upon payment of the renewal fee and upon compliance with this article. If the home inspector has not complied with any provision of this article during the year, the licensee shall submit a new application as in the case of the issuance of an original license.  (D) The commission may provide for the late renewal of a license upon payment of a late fee in an amount established by the commission in regulation.  (E) A licensee who does not intend to engage in the business of home inspection for at least one year may request upon written notice to the commission that his license be placed in inactive status. While in inactive status, the person is not subject to payment of any renewal fees and may not perform home inspections in this State. When the person desires to resume the performance of home inspections, he shall file an application for license renewal, pay the renewal fee, and demonstrate continuing competence as defined by the commission in regulation. If a license has been in inactive status for more than three years, the person shall submit a new application as in the case of the issuance of an original license and shall take and successfully complete the examination.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-250.
SC Code § 40-59-560 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.

 (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, and nothing in this section may limit a home inspector from performing a home inspection beyond the scope of 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.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-255.
SC Code § 40-59-570 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-570. "Advertisement" defined.

 "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.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1995 Act No. 124, Section 3; 1976 Code Section 40-59-257.
SC Code § 40-59-590 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-590. Restrictions; appraisals and real estate activities.

 A home inspector is prohibited from engaging in real estate appraisal activity unless the inspector meets the requirements of Chapter 60. Further, a home inspector is prohibited from engaging in any real estate activity regulated under Chapter 57 unless the inspector meets the requirements of that chapter.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-265.
SC Code § 40-59-600 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-600. Penalties; actions to enforce contract; injunction.

 (A) The administrator is authorized to use the powers granted to him pursuant to this chapter to enforce the provisions of this article.  (B) A home inspector who is not otherwise exempt from this article who undertakes or attempts to undertake the business of home inspection without first obtaining a license or who knowingly presents, or files with, the commission false information for the purpose of obtaining a license is guilty of a misdemeanor and:  (1) for the first offense, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both;  (2) for a second offense, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than ninety days, or both.  (3) for a third and subsequent offense, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days, or both.  (C) A home inspector who does not have a license as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for home inspection which he entered into in violation of this article.  (D) If it appears to the commission that a home inspector has violated, or is about to violate, a provision of this article, the commission may in its own name petition an administrative law judge to issue a temporary restraining order enjoining the violation of this article, pending a full hearing to determine whether or not the injunction must be made permanent.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-270.
SC Code § 40-59-610 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-610. Regulations.

 The commission is authorized to promulgate regulations to administer the provisions of this article.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-280.
SC Code § 40-59-620 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-620. Applicability of building code in effect at time of construction.

 When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-290.
SC Code § 40-59-810 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-810. Short Title.

 This article may be cited as the "South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act".  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."