reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-41. Licensing requirements.

(A) A person, firm, association, partnership, corporation, or other legal entity desiring to engage in work as a fire sprinkler contractor within this State shall submit an application to the department. The owner, partners, or president, the primary qualifying party, and all other qualifying parties must sign the application stating that the information contained in the application is true.
(B) To qualify for a license, the applicant shall:
(1) submit a completed application on a form approved by the department;
(2) employ a primary qualifying party holding a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout';
(3) submit an affidavit stating that the applicant's proposed primary qualifying party is a full-time employee in a responsible management or supervisory position who has a current NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" or submit a notarized copy of the applicant's primary qualifying party's NICET Level III or IV Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" along with a government issued ID card containing his photograph; and
(4) submit all fees.
(C) Each fire sprinkler contractor's main office or branch office must be separately licensed and have a primary qualifying party assigned exclusively to that location. The name of the branch office must be the same name that appears on the licensee's license.
(D) No license or certificate may be assigned to another individual or entity or branch office.
(E) Any change that varies from the applicant's original application must be reported to the department within fifteen days from the date of the change.
(F) All licenses may be on a biennial or other basis upon board approval.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-42. Renewal of license.

(A) Each licensee shall apply to the department for license renewal before the license expiration date on a form prepared by the department. Renewal applications not postmarked by the expiration date result in a lapse license cancellation. An entity that fails to renew and continues to engage in fire sprinkler work is practicing without a license and subject to the penalties prescribed in this chapter.
(B) A license not renewed after ninety days from the expiration date cannot be considered for renewal. An initial application form and fees and late renewal penalty must be submitted to obtain a new license. The licensee shall submit documentation of a current comprehensive general liability insurance policy for all license renewals.
(C) Any change that varies from the license's renewal application must be reported to the department within fifteen days from the date of the change.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-43. Engaging in fire sprinkler work; restrictions; contracts involving burglar alarm work.

(A) It is unlawful to engage in fire sprinkler work under a name other than the exact name that appears on the license issued pursuant to this chapter. "Engaging in fire sprinkler work" includes marketing, advertising, using site signs, submitting contracts, and performing work. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.
(B) A licensed fire sprinkler contractor may be a subcontractor to another licensed fire sprinkler contractor who has the contract with a client to engage in fire sprinkler work.
(C) A licensed fire sprinkler contractor who has the contract for fire sprinkler work may subcontract water line installation to a licensed water and sewer lines contractor when the waterline work is outside a structure and is included in the fire sprinkler system.
(D) A licensed fire sprinkler contractor may subcontract fire sprinkler work regulated under this chapter to another licensed fire sprinkler contractor and must approve and be responsible for the work the subcontractor performed. Both fire sprinkler contractors may be held accountable by the board for improper work. A fire sprinkler contractor may not bid or perform any general or mechanical work that requires licensure.
(E) A fire sprinkler contractor may submit a bid for a project which includes fire/burglar alarm work if fifty percent or more of the work to be performed is fire sprinkler work. The fire/burglar alarm work must be subcontracted to a licensed fire/burglar alarm contractor. The fire sprinkler contractor is responsible for the work performed by the fire/burglar alarm contractor. Both licensees may be held accountable by the board for improper work. The determination of the cost of the work involved on a project must be determined by the total cost of construction involved in the bid or contract or work to be performed.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-44. Grandfathered primary qualifying parties.

(A) An individual who was grandfathered as a primary qualifying party for a fire sprinkler contractor cannot qualify another fire sprinkler contractor if the grandfathered primary qualifying party leaves the employment of the entity in which he was the original primary qualifying party.
(B) A grandfathered primary qualifying party for a fire sprinkler contractor may change his or her organizational style of business, and the grandfathered primary qualifying party may continue to qualify the licensed fire sprinkler contractor.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-45. Prohibited activities.

It is unlawful for a person to engage in the planning, sale, installation, repair, alteration, addition, maintenance, testing, or inspection of a fire sprinkler system, water based or wet pipe systems, or water foam systems in this State except in conformity with the provisions of this chapter.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-50. Fees; lapsed licenses; expiration date.

(A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) All fees associated with the NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" or any other costs for certification are the responsibility of the fire sprinkler contractor and payable to the provider.
(C) All license fees must be submitted to the department.
(D) Initial license fees are:
(1) two hundred dollars for a fire sprinkler contractor license, which includes one qualifying party certificate;
(2) fifty dollars for each additional qualifying party certificate; and
(3) one hundred dollars for each branch office, which includes one primary qualifying party certificate.
(E) Renewal license fees are:
(1) two hundred dollars for a fire sprinkler business renewal, which includes one primary qualifying party certificate;
(2) fifty dollars for each additional qualifying party certificate; and
(3) one hundred dollars for each branch office, which includes one primary qualifying party certificate.
(F) A late renewal fee is due on the day following the expiration date of the license if practice continued and is:
(1) one hundred dollars for up to thirty days;
(2) one hundred fifty dollars up to sixty days;
(3) two hundred dollars for sixty-one to ninety days; and
(4) two hundred fifty dollars for ninety-one to one hundred twenty days.
(G) A license that has lapsed for more than one hundred twenty days may not be renewed. An initial application must be submitted.
(H) The replacement fee for a lost or destroyed certificate is ten dollars.
(I) The replacement fee for a lost or destroyed license is ten dollars.
(J) A fire sprinkler contractor license expires the last day of July in the licensure cycle established by the board.
(K) A ten dollar charge may be assessed for a qualifying party to transfer his qualification certificate to another licensee.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-70. Powers and duties; complaints.

In addition to the powers and duties provided in Chapter 1, the board may:
(1) establish a time limit within which a complaint must be considered by the board;
(2) order an entity or individual found in violation of this chapter, Chapter 1, or regulations promulgated under this chapter to take remedial action;
(3) establish a procedure for receiving complaints that protects the anonymity of the person filing the complaint.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-90. Presentation of results of investigation; conduct of hearing.

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-100. Cease and desist orders; administrative penalties; appeals.

(A) The department may refer any reports of violations of this chapter, Chapter 1, or regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an entity or individual, including unlicensed contractors, for these violations, as specified by the board.
(B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(D)(1) An administrative penalty assessed pursuant to this section may not exceed five hundred dollars for a first offense.
(2) A citation issued for a second offense in a five-year period must be referred to the board for action in accordance with Section 40-10-110.
(E) An entity or individual assessed an administrative penalty may appeal to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within 30 days of receipt of the citation.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-120. Disciplinary actions in another state or federal jurisdiction.

(A) Acts or omissions by a licensee causing the denial, revocation, suspension, or other discipline of a license, certification, or other authorization to practice in a construction related field in another state or federal jurisdiction supports the issuance of a formal complaint and the commencement of disciplinary proceedings in this State, if the disciplinary action in the other jurisdiction is based upon grounds that would constitute misconduct in this State.
(B) Proof of acts or omissions in another state of federal jurisdiction may be shown by the copy of the transcript of record of the disciplinary proceedings in the other state or federal jurisdiction or a copy of the final order, consent order, or similar order stating the basis for the action taken.
(C) The licensee or qualifying party may present mitigating testimony to the board regarding the disciplinary action taken in another state or federal jurisdiction or evidence that the acts or omissions committed in the other jurisdiction do not constitute misconduct in this State.
(D) Upon the filing of a complaint alleging that a licensee or qualifying party has been disciplined in another state or federal jurisdiction, the licensee or qualifying party must produce for the board copies of all transcripts, documents, and orders used, relied upon, or issued in the other jurisdiction. Failure to produce these items within ninety days of the board's request for them automatically results in the immediate temporary suspension of the entity's license or qualifying party's certificate in this State until such time as the items have been provided to the board.
(E) In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-130. Basis for refusal to issue license.

(A) As provided in Section 40-1-130, the department may refuse to issue a license or certification to an applicant who has:
(1) had a fire sprinkler license or certification denied, suspended, revoked, or otherwise disciplined;
(2) engaged in work as a fire sprinkler contractor without a valid license as required under this chapter;
(3) submitted a bid without a valid license when one is required by law;
(4) committed an act that would be grounds for disciplinary action under this chapter;
(5) submitted false or misleading information;
(6) aided or abetted a person in the violation of a provision of this chapter or regulations promulgated under this chapter;
(7) been convicted of a crime involving unlawful breaking or entering, burglary, or larceny; or has a history of addiction to a narcotic drug; "conviction" means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury;
(8) any outstanding monetary judgments related to being a fire sprinkler contractor; or
(9) engaged in conduct that demonstrates bad faith, dishonesty, untrustworthiness, or incompetence as a fire sprinkler contractor.
(B) A license or certificate or registration may not be issued to an applicant:
(1) for a minimum of one year after the date of revocation of a similar license or certificate issued by this State or any other state or jurisdiction;
(2) who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction; or
(3) who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-165. Licensing of former licensee who left State with unpaid debts.

Notwithstanding any other provision of law, a person who is or has been licensed pursuant to this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing:
(1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State; and
(2) all bankruptcies that the person, or a subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also authorized to revoke the person's still-valid license, as the case may be, based upon the information contained in the signed notarized statement required by this section.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-170. Investigation and prosecution costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-180. Collection of costs and fees.

All costs, fees, and fines provided in this chapter, except examination fees, must be paid to and collected by the department in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-200. Unauthorized practice; penalty; violations of chapter.

(A)(1) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
(2) The board may refer charges under this section by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
(3) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.
(B)(1) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to accept a bid, award a bid, sign or award a contract, allow an unlicensed contractor to begin work or issue or obtain any type of construction permit unless the bidder or fire sprinkler contractor has first obtained the proper license or certification as required by this chapter.
(2) Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not licensed at the time the initial bid or contract was submitted or awarded.
(C) Contracts or written agreements for fire sprinkler system work within this State that have been accepted, approved, signed, or awarded by an awarding authority, owner, or contractor may not be reconsidered or submitted to an awarding authority, owner or contractor, if the entity that was awarded the project is not licensed at the time the contract or written agreement was submitted.
(D) An entity that is not licensed as required by this chapter must immediately withdraw his bid, offer, or contract and submit his resignation from the project. The entity may not benefit from a project in which the entity is in violation. The entity cannot submit another bid or perform work as a subcontractor to a licensed contractor on any project in which the entity has been in violation or obtain a license and go back on the same project in which he was in violation. If the contractor becomes licensed, the department may waive this requirement based upon the percentage of completion of the project or if it is determined to be detrimental to public interest.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-210. Injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-220. Actions to enforce contract.

An entity that does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the exact name that appears on its fire sprinkler contractor license may not bring an action either at law or in equity to enforce the provisions of a contract.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-240. Building code compliance.

(A) Fire protection sprinkler systems must be designed and installed in accordance with the state building codes as adopted by the South Carolina Building Codes Council and the state Fire Codes as adopted by the State Fire Marshal.
(B) The following supplemental design codes and standards must be followed when applicable: NFPA 1, NFPA 16(a), NFPA 214, and NFPA 230.
(C) An agency shall accept full and complete compliance with the latest edition of a nationally recognized code that it is charged by statute or regulation with enforcing, unless it has promulgated amendments to that code pursuant to state law.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-250. Fire Protection Sprinkler System Specification Sheet; completion of form; attachment to building permit applications.

(A) A "Fire Protection Sprinkler System Specification Sheet" must be completed for every fire protection sprinkler system, and submitted on a form approved by the State Fire Marshal's Office to the authority having jurisdiction. The completed form must contain the following information at a minimum:
(1) the available static and residual water pressure from a flow test conducted less than one year before submittal;
(2) the volume per minute of the available water flow and duration;
(3) the source of water supply;
(4) the NFPA hazard classifications and details of storage arrangement, if applicable;
(5) the occupancy use of the building, or the area to be sprinkled;
(6) the type of system to be installed;
(7) the applicable National Fire Protection Association standards to be followed for each component of the system;
(8) other state and local statutes, regulations, codes, or ordinances that must be followed;
(9) the name, address, title, and phone number of the person developing the fire sprinkler system specification sheet.
(B) The form must be completed by:
(1) a professional engineer licensed in this State bearing his professional seal and signature; or
(2) a fire sprinkler contractor licensed in this State with a qualifying party holding a NICET Level IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" if a specific statute, regulation, or ordinance does not require the services of a licensed professional engineer. The qualifying party must be the individual completing the form, and he must place his name on the lower right hand corner on the first page of the form with the words "Qualifying Party" after his name and with his qualifying party certificate number.
(C) When applying for building permits or other required permits, the Fire Sprinkler System Specification Sheet completed in accordance with subsections (A) and (B) must be made part of the bid documents and must be submitted to the authority having jurisdiction, along with the architectural or engineering, or both, drawings and specifications. The completed Fire Sprinkler System Specification Sheet must accompany the shop drawings when they are submitted for review.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-270. Comprehensive general liability insurance requirement.

(A) A license may not be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing the minimum coverage of one hundred thousand dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured.
(B) Fire sprinkler contractor employees are not required to obtain a certificate of comprehensive general liability insurance.
(C) A licensee shall notify the department upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance within ten days of the cancellation date. The cancellation does not affect any liability on the policy that accrued before cancellation. The license must be revoked if the licensee fails to obtain a new policy within sixty days of cancellation.
(D)(1) Upon failure of the licensee to notify the department of cancellation of his liability insurance, the license may be revoked and may not be reinstated until a proper insurance certificate has been submitted to the department for approval. If a new liability insurance policy is not obtained within sixty days of the cancellation, the person seeking licensure shall submit an initial application.
(2) The policy must be purchased from an insurer licensed by the Department of Insurance to do business in this State.
(3) The South Carolina Contractors' Licensing Board must be named as the certificate holder.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-280. Local authority; determination of compliance with chapter.

(A) Nothing in this chapter limits the power of the State or a municipality or county to regulate the quality of work performed by contractors through a system of permits, fees, and inspections that are designed to ensure compliance with, and aid in the implementations of, state and local laws for the protection of the public health and safety. Nothing in this chapter limits the power of the State or a municipality or county to adopt a system of permits requiring submission to and approval by the State or municipality, or county of plans and specifications for work to be performed by contractors before commencement of the work and requirements after the work is completed. The official authorized to issue building or other related permits or authorization to commence work must ascertain that the fire sprinkler contractor is licensed by requiring evidence of a valid fire sprinkler contractor license.
(B) Nothing in this chapter may alter or limit the State Fire Marshal's Office duties and responsibilities concerning fire sprinkler systems as provided in this chapter and in Section 23-9-20.
(C) Private and public awarding entities and individuals are required to determine compliance with this chapter before awarding any contracts for fire sprinkler system work.
(D) This chapter applies to any fire sprinkler contractor performing work for the State or a municipality or county. Officials of the State or a municipality, or county are required to determine compliance with this chapter before awarding a contract for the planning, sale, installation, repair, alteration, addition, or inspection of a fire sprinkler system containing water spray or a water foam system.
HISTORY: 2005 Act No. 177, Section 1.
Editor's Note
Sections 23-9-40 and 23-9-60, previously referenced in (B), were repealed by 2022 Act No. 170, Section 12. See, now, Section 23-9-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-290. Bankruptcy.

A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-300. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 act, the General Assembly hereby declaring that it would have passed this act, 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: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-5. Application of chapter; conflict of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed contractors; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-10. South Carolina Contractor's licensing Board created; membership; terms; filling vacancies.

(A) There is created the South Carolina Contractor's Licensing Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide contracting work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Article 1, Chapter 1.
(B) The board consists of nine members appointed by the Governor, seven of whom must be licensed contractors. Of the seven contractors, one must have as the larger part of his business the construction of highways, one must have as the larger part of his business the construction of public utilities, one must have as the larger part of his business the construction of commercial, industrial, and institutional buildings, one must have as the larger part of his business the performance of heating, plumbing, or air conditioning work, one must have as the larger part of his business the performance of electrical work, and one must have as the larger part of his business the installation, servicing, and responding to burglar or fire alarm systems, and one must have as the larger part of his business the performance of fire sprinklers systems work. Two members must be consumer members representing the public at large. Nominations for appointment to the board may be submitted to the Governor by the board or an individual, group, or association.
(C) Members serve terms of five years and until their successors are appointed and qualify. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term.
HISTORY: 1998 Act No. 440, Section 1; 2005 Act No. 177, Section 2; 2023 Act No. 69 (H.4115), Section 1, eff May 19, 2023.
Editor's Note
Prior Laws:1936 (39) 1675; 1942 Code Section 7084-2; 1952 Code Section 56-402; 1962 Code Section 56-402; 1956 (49) 1762; 1983 Act No. 151, Part II, Section 39A; 1992 Act No. 360, Section 7; 1976 Code Section 40-11-20.
Effect of Amendment
2023 Act No. 69, Section 1, in (A), in the second sentence, substituted "contracting" for "contract".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-30. Licensing requirement.

No entity or individual may practice as a contractor by performing or offering to perform contracting work for which the total cost of construction is greater than ten thousand dollars for general contracting or greater than ten thousand dollars for mechanical contracting without a license issued in accordance with this chapter.
HISTORY: 1998 Act No. 440, Section 1; 2023 Act No. 69 (H.4115), Section 3, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 3, substituted "ten thousand dollars" for "five thousand dollars" in two places.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-40. Voluntary contributions with licensee applications; uses; reporting requirements.

(A)(1) An applicant for a new, reinstatement, or renewal contractor's license must be given an opportunity in writing to make a voluntary contribution to be distributed to an accredited public institution of higher learning offering degrees in construction science, building science, or civil engineering. The applicant may designate a specific accredited institution to receive the contribution. Undesignated contributions shall be distributed to accredited institutions in a pro rata manner based on the number of full-time equivalent students enrolled in each program at each institution. Any voluntary contribution must be added to the contractor's license fee and must be transferred to the State Treasurer and credited to the appropriate institution.
(2) By June first of each year, the State Commission on Higher Education shall provide to the department a list of accredited public institutions of higher learning offering degrees in construction science, building science, or civil engineering, and include in the annual report the number of students enrolled in each of these programs for the prior academic year.
(B)(1) Each institution receiving funds pursuant to this section shall utilize the funds to provide or enhance programs related to building science or civil engineering, which shall include, but is not limited to, scholarships, fellowships, research, faculty development, and continuing education programs.
(2) Each institution receiving funds pursuant to this section shall provide an annual report to the department by January thirty-first disclosing the amount of funds received during the prior fiscal year and an accounting of how the funds were utilized.
(C) The department shall retain five percent of the amount to be distributed for administrative expenses associated with the collection and distribution of funds.
HISTORY: 2022 Act No. 175 (S.888), Section 1, eff July 15, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-50. Repealed by 2014 Act No. 207, Section 1, eff July 1, 2014.

Editor's Note
Former Section 40-11-50 was titled License fees and was derived from 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-60. Rules and regulations; owner-prepared financial statement form.

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations must be promulgated to establish the form an owner must use to submit an owner-prepared financial statement as provided in Section 40-11-260(A)(3)(c), (A)(4)(c), (B)(3)(c), and (B)(4)(c). The department must furnish the form to the licensees.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-70. Powers of board.

In addition to powers and duties provided in Article 1, Chapter 1, the board may:
(1) establish a time limit beyond which an initial complaint may not be considered;
(2) establish a procedure for receiving complaints which protects the anonymity of the person filing the complaint;
(3) order an entity or individual found in violation of this chapter or a regulation promulgated under this chapter to take remedial action;
(4) establish guidelines for identifying substandard construction work.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-100. Violations; administrative citations; cease and desist orders; administrative penalties; appeals.

(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board.
(B) Separate citations may be issued and separate administrative penalties may be assessed for each violation, however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(D) Administrative penalties assessed pursuant to this section may not exceed the following limits:
(1) for a first violation of a particular provision of this chapter or Article 1, Chapter 1 of this title, or any board regulation, not more than a five-hundred dollar penalty;
(2) for the second of two violations of the same or substantially similar provision in a five-year period, not more than a one-thousand dollar penalty; and
(3) for the third or subsequent violation of the same or substantially similar provision in a five-year period, the citation may be referred to the board for action in accordance with Section 40-11-110 or issued a penalty as prescribed in Section 40-11-100(D)(2).
(E) An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.
HISTORY: 1998 Act No. 440, Section 1; 2023 Act No. 69 (H.4115), Section 4, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 4, rewrote (D).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-130. Denial of license or certificate.

(A) The department may refuse to issue a license or certificate to an applicant who:
(1) has failed to meet the minimum qualifications required by this chapter or regulations promulgated under this chapter;
(2) has had a license or certificate denied, suspended, revoked, or otherwise been disciplined;
(3) has engaged in contracting without a valid license as required under this chapter;
(4) has submitted a bid without a valid license when one is required by law;
(5) has committed an act which would be grounds for disciplinary action under this chapter;
(6) has submitted false or misleading information;
(7) has engaged in conduct which demonstrates bad faith, dishonesty, untrustworthiness, or incompetence in business or the profession;
(8) has aided or abetted an entity in the violation of a provision of this chapter or a regulation promulgated under this chapter;
(9) has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense, has been convicted of a felony or a crime involving moral turpitude, or pled nolo contendere to any such offense;
(10) has an outstanding monetary judgment related to construction.
(B) A license or certificate may be denied to an applicant:
(1) for a minimum of one year after the date of revocation of a similar professional license or certificate issued by this State or any other state or jurisdiction;
(2) who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction;
(3) who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-170. Costs of investigation and prosecution.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-180. Collection and enforcement of costs, fees, and fines.

All costs, fees, and fines provided in this chapter, except examination fees, must be paid to and collected by the department in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-200. Unlawful practice; penalty.

(A) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
(B) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to consider a bid, sign a contract, or allow a contractor to begin work unless the bidder or contractor has first obtained the licenses required by this chapter. Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not properly licensed at the time the initial bid or contract was submitted.
(C) Charges under this section may be preferred by the board by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
(D) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.
HISTORY: 1998 Act No. 440, Section 1.
Editor's Note
Prior Laws:1936 (39) 1675; 1942 Code Section 7084-3; 1952 Code Section 56-426; 1956 (49) 1762; 1960 (51) 1537; 1962 Code Sections 56-426, 56-426.1; 1993 Act No. 184, Section 228; 1993 Act No. 181, Section 873; 1976 Code Sections 40-11-290, 40-11-300.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-210. Injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1998 Act No. 440, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-426.3; 1968 (55) 2421; 1993 Act No. 181, Section 874.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-240. Qualifications for licensure; required submissions.

(A) To qualify for licensure, an entity must:
(1) be a:
(a) sole proprietorship or general partnership; or
(b) limited partnership, limited liability partnership, limited liability company, or a for profit or nonprofit corporation that is either organized and registered under South Carolina law or is such an entity created under the laws of another state or jurisdiction and is registered with the South Carolina Secretary of State to do business in this State;
(2) have a certified qualifying party in a responsible management position; and
(3) meet all requirements for licensure as provided in this chapter.
(B) To qualify for a license, an entity must submit:
(1) a completed application on a form approved by the board;
(2) all required fees;
(3) a detailed statement of current financial condition or surety bond as required by this chapter;
(4) the name and certificate number of the primary qualifying party for each classification or subclassification for which a license is desired;
(5) proof that the entity's primary qualifying party in each classification or subclassification is in a responsible management position; and
(6) all documentation required by the department pursuant to the requirements of this chapter.
(C) A licensee may list additional qualifying parties.
(D) A change of an entity's name, organizational status, or federal employer identification number must be reported to the department within fifteen days. Failure to do so results in license cancellation fifteen days from the date of change and requires the new entity to submit an initial application and meet all requirements for licensure.
HISTORY: 1998 Act No. 440, Section 1; 2023 Act No. 69 (H.4115), Section 7, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 7, rewrote (A); and in (B), in (3), inserted "or surety bond", deleted former (4), which related to reference from a bank or other financial institution on a form as prescribed by the department, and redesignated former (5) to (7) as (4) to (6), and in (5), deleted "an employee" following "subclassification is".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-250. Renewal of license; lapsed license.

(A) All licenses may be renewed biennially. A licensee shall apply to the department for license renewal by the expiration date on a form approved by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in construction is practicing without a license and is subject to the penalties prescribed in this chapter.
(B) A license which has lapsed may be renewed within ninety days from date of expiration by filing a renewal application and upon payment of renewal and late fees. If the application and all fees are submitted within the ninety-day period after the license expiration date and if the application is then approved, the renewal will be retroactive to the date of expiration, eliminating any period of licensure lapse. An entity whose license is lapsed for failure to renew must submit an application and meet all qualifications for initial licensure to engage in construction.
HISTORY: 1998 Act No. 440, Section 1; 2023 Act No. 69 (H.4115), Section 8, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 8, in (B), inserted the second sentence.