reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-210. Persons exempt from licensure requirements of chapter.

This chapter may not be construed to require a license under this chapter for:
(1) the practice of landscape architecture by a person who acts under the supervision of a licensed landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision;
(2) the practice of architecture by a duly licensed professional architect and the performing of landscape architectural work by a licensed architect or by an employee under supervision of a licensed architect, when this work is incidental to their practice;
(3) the practice of engineering by a duly licensed professional engineer and the performing of landscape architectural work by a licensed engineer or by an employee under supervision of a licensed engineer, when this work is incidental to their practice;
(4) the practice of surveying by a duly licensed professional surveyor and the performing of landscape architectural work by a licensed professional surveyor or by an employee under supervision of a licensed professional surveyor, when this work is incidental to their practice;
(5) the practice of landscape architecture by an employee of the United States or South Carolina Government while engaged within this State in the practice of landscape architecture for the government or projects sanctioned by or totally sponsored by the government;
(6) planning as customarily done by regional or urban planners;
(7) an arborist, forester, gardener, home builder, or horticulturist; and
(8) a nurseryman, general or landscape contractor, such practice to include design, planning, location, and arrangements of plantings or other ornamental features.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698 Section 15; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-220. Transfer of functions, powers, duties, responsibilities, and authority to board.

The functions, powers, duties, responsibilities, and authority statutorily exercised by the Department of Natural Resources concerning the registration and regulation of landscape architects are transferred to the board.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-5. Applicability of professional licensing statutes.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of manufactured home manufacturers, manufactured home retail dealers, manufactured home sales persons, and manufactured home contractors, installers, and repairers. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-30. License requirement; administrative penalty; appeal.

(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, or manufactured home manufacturer in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board.
(B) A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty. Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be served in writing within fifteen days after the ruling.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-40. Operations and activities provided by Department of Labor, Licensing and Regulation.

The Department of Labor, Licensing and Regulation 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.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-60. Hearings before administrative hearing officer and board; penalties.

(A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation, the hearing officer:
(1) may for a first offense, impose a fine of not more than five hundred dollars or suspend the license for not more than thirty days, or both;
(2) may for a second offense, impose a fine of not more than one thousand dollars or suspend the license for not more than sixty days, or both;
(3) may for a third offense, impose a fine of not more than two thousand dollars or suspend the license for not more than ninety days, or both;
(4) shall for a fourth or subsequent offense, present the violation to the board for disciplinary action pursuant to this chapter.
(B) The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations in its decision in the matter on appeal.
Appeals from the decision of the board may be made to an administrative law judge pursuant to the Administrative Procedures Act.
(C) A licensee who violates any provision of this chapter or regulations promulgated by its authority or accumulates three or more warranty or contract violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Upon the finding of such a violation, the board may:
(1) impose a fine of not more than two thousand five hundred dollars or suspend or revoke the license or any combination thereof;
(2) order an increase in surety bonding or other approved security requirements.
(D) The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-70. Equitable remedies.

In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-80. Suspension, revocation, restriction, or denial of license.

(A) The board may suspend for a determinate period, revoke, or restrict a license issued to a licensee or authorized official under the provisions of this chapter for:
(1) false, misleading, or deceptive advertising;
(2) knowingly contracting or performing a service beyond the scope of the license;
(3) misrepresentation or omission of a material fact by the applicant in obtaining a license;
(4) misrepresentation or omission of a material fact in a manufactured home transaction;
(5) failure to comply with the warranty requirements of this chapter or regulations of the board pursuant to those requirements;
(6) failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;
(7) failing to have an established place of business;
(8) wilfully defrauding a retail buyer, to the buyer's damage through misrepresentation or misappropriation of funds belonging to the buyer;
(9) employment of fraudulent devices, methods, or practices in connection with compliance with the requirements of this chapter;
(10) having used unfair methods of competition or deceptive acts or practices;
(11) knowingly advertising or selling a used manufactured home as a new manufactured home;
(12) failing to obtain a license before doing business in this State;
(13) having knowingly failed or refused to account for or to pay funds or other valuables belonging to others which have come into the licensee's possession arising out of the sale of manufactured homes;
(14) failing to appear before the board upon due notice or to follow directives of the board;
(15) failing to comply with adopted state or federal standards in the manufacture, sale, installation, repair, modification, or delivery of manufactured housing;
(16) employing unlicensed retail salesmen or persons barred from participating in a business licensed by the board or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;
(17) knowingly purchasing a manufactured home from an unlicensed manufacturer or knowingly selling or offering a manufactured home to an unlicensed manufactured home dealer;
(18) conviction of a felony within the prior seven years or other crime of moral turpitude.
(B) Any licensee whose license has been suspended or revoked, or any person who has applied for a license but whose application has been denied, is barred from participating in any manner in a business licensed by the board until that person has obtained a license or the person's license has been restored.
(C) No business licensed by the board may permit or allow a person identified in subsection (B) to participate in any manner in the business licensed by the board.
(D) Violations of this section are subject to the sanctions provided for in Section 40-29-60(C).
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-95. Financial responsibility requirements.

(A) The board shall consider the financial responsibility of an applicant as determined by this section and regulations promulgated by the board.
(B) A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty thousand dollars or a credit score of less than seven hundred must appear before the board.
(C) Should the board license an applicant who is unable to meet the financial responsibility guidelines of this section or the regulations of the board, then the board may modify or restrict the activities of the licensee.
HISTORY: 2013 Act No. 97, Section 1, eff June 20, 2013.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-100. Sanctions and disciplinary action by the board.

In addition to the sanctions the board may impose against a person pursuant to Section 40-29-110, the board may take disciplinary action as provided for in Section 40-1-120.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-110. Grounds for denial of license.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-130. Investigation; voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-150. Costs of investigation and prosecution.

A person found in violation of this chapter or regulations promulgated under this chapter may be required by the board to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-160. Collection and enforcement of fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-170. Confidentiality of investigations, privilege, Freedom of Information Act.

Investigations conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190. However, upon completion of the investigation, the findings of the board are subject to disclosure in accordance with the Freedom of Information Act.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-180. Violations threatening health or safety; criminal penalties.

A person who knowingly violates the provisions of this chapter or regulations promulgated thereunder and thereby threatens or injures the health or safety of a consumer is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-190. Term and expiration; requirements for licensure; real estate broker and lien-holder exceptions; denial; display; experience requirement for retail sales license; reciprocity.

(A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. No person may:
(1) manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the State a manufactured home which is manufactured on or after the effective date of the Construction and Safety Standards Act which does not comply with the standard;
(2) fail or refuse to permit access to or copying records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by Sections 40-29-320 and 40-29-330;
(3) fail to furnish notification of a defect as required by 42 U.S.C. 5414;
(4) fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable construction and safety standards if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person duly authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act;
(6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-360.
(B) Subsection (A)(1) does not apply to:
(1) the sale or the offer for sale of a manufactured home after its first purchase in good faith for purposes other than resale.
(2) a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with the Construction and Safety Standards Act or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not so conform.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-210. Examination; fees; training.

(A) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the board or its designated test provider. The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the department. An applicant who fails an examination may reapply.
(B) The department or test provider is authorized to collect and retain reasonable examination fees, to be promulgated in regulation. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider.
(C) No license may be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed the appropriate examination.
(D) No manufactured home retail dealer or salesperson, contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1993 Act No. 181, Section 903; 1996 Act No. 301 Section 6; 1976 Code Section 40-29-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-220. Obtaining license after lapse or more than six months of inactivity.

If a license lapses or is inactive for more than six months, in order to be relicensed, the applicant must meet all requirements for a new license. The applicant may be exempt from any required training if evidence of prior training can be provided.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1993 Act No. 181, Section 903; 1996 Act No. 301 Section 6; 1976 Code Section 40-29-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-240. Claims for repair work not performed by manufacturer, dealer or installer; release of bond of licensee not conducting business.

(A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The board shall select a bidder to perform the repair work. Payment from the surety bond or other approved security must be authorized by the board only after an affidavit releasing the manufacturer or dealer from further obligation for repair or replacement of the items for which work was conducted, is signed and delivered to the board office by the consumer.
(B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the department, with the approval of the board, shall determine the reasonable value of the repairs, parts, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, parts, or work.
(C) If a licensee does not conduct business after issuance of his license and the posting of the applicable surety bond or other approved security, the board, upon receipt of satisfactory evidence that no business was conducted and upon surrender of the license, may release the licensee's surety bond or other approved security.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1996 Act No. 301 Section 9; 1976 Code Section 40-29-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-250. Acts warranting consumer indemnity from security bond.

Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, or a salesperson must be indemnity for a loss sustained by a consumer as a result of:
(1) a violation of a provision of this chapter or a regulation of the board;
(2) a violation of the written warranty or failure to fulfill warranty obligations as outlined in this chapter;
(3) fraud in the execution or performance of a contract;
(4) a misrepresentation in reference to the sale of a manufactured home;
(5) refusal, failure, or inability to transfer good and sufficient legal title to the consumer;
(6) a misappropriation of funds belonging to the consumer;
(7) an alteration to deceive the consumer as to the manufacture or construction of the product;
(8) a false and fraudulent representation or deceitful practice in selling, financing, or representing a product or service.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-140.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-270. Remedy of defects, imminent safety hazards.

A defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless additional time is granted by the board. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to:
(1) inadequate heating in freezing weather;
(2) failure of sanitary facilities;
(3) electrical shock;
(4) leaking gas; or
(5) major structural failure.
The board may suspend this five-day time period in the event of widespread defects or damage resulting from adverse weather conditions or other natural catastrophes.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-280. Moving exception to new home warranty, notice requirement.

If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-290. Board authority regarding Construction and Safety Standards Act.

The board may carry out the responsibilities of the Construction and Safety Standards Act as the state administrative agency for South Carolina.
HISTORY: 2001 Act No. 61, Section 1; 2004 Act No. 171, Section 1; 2005 Act No. 175, Section 2; 2008 Act No. 272, Section 3.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-300. Board oversight of consumer complaints; board inspection of manufacturers for compliance with federal regulations; life safety and fire prevention.

The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act standards and regulations. As part of this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In conducting its responsibilities under this section, the board shall recognize the need for life safety requirements as a part of its general oversight function and shall receive advice in the life safety area from the State Fire Marshal to ensure that fire prevention is a part of the overall program under the terms of this chapter.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1993 Act No. 181, Section 905; 1976 Code Section 40-29-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-310. Board entry for purpose of inspection.

The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standards Act and the regulations of the board have been and are being met.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-320. Record keeping requirement; board inspection of records; standard form for purchase agreements.

Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter. Purchase agreements used by retail dealers for the sale of new or used manufactured homes must be standard and in a form prescribed by the board.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-325. Dealer license number required in certain advertisements.

Licensed manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina.
HISTORY: 2013 Act No. 97, Section 2, eff June 20, 2013.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-327. Authorized officials required in each location; licensure; notice.

Each licensed manufactured housing retail dealer location must have one authorized official representing the dealership. An authorized official who is not the dealer must hold a manufactured home retail salesperson or retail dealer license. The board must be notified in writing within twenty days if the authorized official changes.
HISTORY: 2016 Act No. 135 (H.3881), Section 1, eff February 16, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-330. Policy and purpose to protect against hazards and provide safety.

Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not constructed so as to provide safety and protection to their owners and users and further to require that the business practices of the industry are fair and orderly.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1996 Act No. 301, Section 14; 1976 Code Section 40-29-40.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-340. Manufactured homes to meet certain criteria and be certified.

No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development. For the sale of a previously owned manufactured home, the buyer and seller shall sign a form certifying both persons have determined at least two functioning smoke detectors are in the home.
HISTORY: 2001 Act No. 61, Section 1; 2010 Act No. 272, Section 1, eff upon approval (became law without the Governor's signature on June 28, 2010).
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-70.
Effect of Amendment
The 2010 amendment added the second sentence relating to smoke detectors.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-350. Effect of HUD label on manufactured home unit; installation fees, requirements and standards.

A manufactured home unit bearing a label issued by the Department of Housing and Urban Development is acceptable as meeting the requirements of this chapter throughout the State. Municipalities and counties may establish a fee for inspection of installation not to exceed one hundred dollars. Installation must be in accordance with the manufacturer's installation manual or the regulations established by this chapter. No installation regulation or standard may be enforced except those adopted by the board in conformity with the Construction and Safety Standards Act or adopted by a local authority to comply with the provisions of federal law for flood plain management.
HISTORY: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-360. Energy efficient labeling.

(A) The State Energy Office must produce energy efficiency labels and notices and provide these labels and notices to manufactured housing manufacturers upon request. The notices must state: "Notice. An energy efficient home will reduce the overall cost of home ownership. South Carolina law encourages citizens to purchase energy efficient manufactured homes by providing a tax incentive for the purchase of such a home. This home qualifies for an energy efficiency sales tax incentive. Buyers of energy efficient manufactured homes can save money not only on taxes, but should also have lower monthly utility bills than less efficient homes."
(B) Energy efficiency labels must be permanently affixed to the electrical panel and the notices must be affixed to the inside of the window closest to the front door. Energy efficiency labels and notices must be affixed by the manufacturer only on new homes and only at the place and time of production or manufacture. By affixing an energy efficiency label and notice, the manufacturer certifies that the manufactured home meets or exceeds the energy requirements provided for in Section 12-36-2110(B). Only the consumer may remove the notice.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1992 Act No. 449, Part III, Section 1; 1994 Act No. 331, Section 1; 1976 Code Section 40-29-85.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-370. Electrical inspection.

In municipalities and counties where electrical inspections are provided, proof of inspection of electrical service from the meter base to the main panel of the home must be obtained by the homeowner and submitted to the supplier of electricity before an electrical connection may occur.
HISTORY: 2001 Act No. 61, Section 1.
Editor's Note
Prior Laws:1989 Act No. 128, Section 1; 1976 Code Section 40-29-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 29 - Uniform Standards Code For Manufactured Housing › Section 40-29-380. 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: 2001 Act No. 61, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-10. Purpose.

The General Assembly recognizes that the practice of massage therapy is potentially harmful to the public in that massage therapists must have a knowledge of anatomy, kinesiology, and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage therapy is therapeutic, and regulations are necessary to protect the public from unqualified massage therapists and unsafe establishments. It is, therefore, necessary in the interest of public health, safety, and welfare to regulate the practice of massage therapy and the operation of massage therapy establishments and sole practitioner establishments in this State. However, restrictions must be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters must be afforded to the public through legal remedies provided for in this chapter.
HISTORY: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1. Formerly Code 1976 Section 40-30-20, renumbered and amended by 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Editor's Note
Prior Laws: Former Section 40-30-10 was titled Short title, and had the following history: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1.
Effect of Amendment
2022 Act No. 151, Section 2, in the first sentence, substituted "massage therapy" for "massage/bodywork" and "massage therapists" for "massage/bodywork therapists", in the second sentence, substituted "Massage therapy" for "Massage/bodywork" and "unqualified massage therapists and unsafe establishments" for "unqualified practitioners", in the third sentence, substituted "massage therapy and the operation of massage therapy establishments and sole practitioner establishments" for "massage/bodywork", and made a nonsubstantive change in the fourth sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-20. Application of chapter; conflict of laws.

Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to massage therapists, massage therapy establishments, and sole practitioner establishments licensed pursuant to this chapter; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, then the provisions of this chapter control.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Editor's Note
Prior Laws: Former Section 40-30-20 was titled Purpose, and had the following history: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1. See now, Code 1976 Section 40-30-10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-40. Board of Massage Therapy.

(A) There is created the Board of Massage Therapy under the administration of the department. The board shall be composed of seven members appointed by the Governor, upon the advice and consent of the Senate. Six members must be licensed massage therapists in good standing and must have been engaged in the practice of massage therapy for no fewer than three consecutive years before appointment to the board. One member must represent the public at large and must not have a financial interest, direct or indirect, in the profession or practice of massage therapy. A board member must be a high school graduate or shall have received a graduate equivalency diploma and must be a citizen of the United States and a resident of this State for no fewer than five years. Nominations for appointment to the board may be submitted to the Governor from any individual, group, or association.
(B) Board members serve a term of four 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.
(C) Board members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.
(D) The Governor may remove a member of the board in accordance with Section 1-3-240.
(E) The board must meet at least twice a year.
(F) Any business conducted by the board must be conducted by a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
HISTORY: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1; 1999 Act No. 26, Section 3; 2008 Act No. 273, Section 6; 2013 Act No. 41, Section 2, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment rewrote the section.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-50. Duties of board.

(A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board, pursuant to Section 40-1-50.
(B) The board shall administer and enforce this chapter and related regulations. In addition to the powers and duties enumerated in Section 40-1-70, the board's powers and duties include, but are not limited to:
(1) advising and recommending action to the department in the development of statutory revisions, legislation, and any other matter related to the provisions of this chapter;
(2) recommending to the department regulations necessary to carry out the provisions of this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of individuals and establishments licensed pursuant to this chapter;
(3) determining the standards and qualifications for licensure pursuant to this chapter;
(4) conducting hearings:
(a) on alleged violations of this chapter and regulations promulgated pursuant to this chapter and to recommend discipline for individuals and establishments in any manner provided for in this chapter; or
(b) on licensure determinations; and
(5) providing recommendations to the South Carolina Commission on Higher Education concerning minimum qualifications for approved massage therapy schools and approved massage therapy education programs.
(C) The board has jurisdiction over the actions committed or omitted by current and former licensed massage therapists as provided in Section 40-1-115.
HISTORY: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 2, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment rewrote the section.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-60. Preparation and publication of roster.

(A) The department shall prepare and publish a current roster on its website, updated annually, containing:
(1) the names and places of business of individuals licensed pursuant to this chapter; and
(2) the names of establishments licensed pursuant to this chapter and the names of their owners.
(B) A copy of the roster must be provided upon request and the payment of a fee.
HISTORY: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 2, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment rewrote the section.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-80. Fees.

The department shall charge and collect the following fees:
(1) massage therapist initial license application fee, not to exceed one hundred fifty dollars;
(2) massage therapist endorsement application fee, not to exceed two hundred dollars;
(3) biennial massage therapist licensure renewal fee, not to exceed seventy-five dollars;
(4) reinstatement application fee from lapsed status of a massage therapist license, not to exceed two hundred ten dollars;
(5) renewal fee for inactive status of a massage therapist license, not to exceed one hundred fifty dollars;
(6) continuing education course provider fee, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars;
(7) massage therapy establishment initial license application fee for each location, not to exceed one hundred fifty dollars;
(8) biennial massage therapy establishment license renewal fee for each location, not to exceed one hundred dollars;
(9) massage therapy establishment license reinstatement fee from lapsed status for each location, not to exceed two hundred fifty dollars;
(10) sole practitioner establishment initial license application fee, not to exceed seventy-five dollars;
(11) biennial sole practitioner establishment license renewal fee, not to exceed fifty dollars; and
(12) sole practitioner establishment license reinstatement fee from lapsed status, not to exceed one hundred fifty dollars.
HISTORY: 1986 Act No. 467, Section 3; 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-100. Practice without license.

(A) No person may practice or offer to practice massage therapy without a license issued in accordance with this chapter; however, a person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of massage therapy is not also required to be licensed under this chapter unless the person holds himself out to be a massage therapist.
(B) Unless otherwise exempt from licensure, no person or entity may open, operate, maintain, use, or advertise as a massage therapy establishment or a sole practitioner establishment without obtaining a massage therapist license, massage therapy establishment license, or sole practitioner establishment license, as applicable, pursuant to this chapter.
(C) Nothing in this chapter may be construed to authorize an individual or establishment licensed under this chapter to practice physical therapy or chiropractic or to utilize chiropractic therapeutic modalities except where the scope of practice for massage therapy, as provided for in this chapter, overlaps with the practice of physical therapy or chiropractic.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.