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South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) "Act" means the
		  "Uniform Standards Code for Manufactured Housing Act."
(B) "Anchoring Equipment (Ties)" means
		  straps, cables, turnbuckles, chains, or other devices of any kind including
		  tensioning devices, which are used to secure a manufactured home to the ground
		  or foundation.
(C) "Anchoring
		  System" means a method of construction which when properly designed and
		  installed will resist overturning and lateral movement of the manufactured
		  home.
(D) "Approved" means
		  acceptable to the authority having jurisdiction.
(E) "Authority Having Jurisdiction" means the
		  organization, office, or individual responsible for "Approving" equipment, an
		  installation, or a procedure.
(F)
		  "Board" means the South Carolina Manufactured Housing Board.
(G) "Diagonal Tie" means a tie intended to
		  primarily resist horizontal or shear forces and which may secondarily resist
		  vertical, uplift, and overturning forces.
(H) "Department" means the Department of
		  Labor, Licensing and Regulation and the staff responsible for providing
		  administrative support to the Manufactured Housing Board.
(I) "Dwelling Unit" means one or more
		  habitable rooms which are designed to be occupied by one family with facilities
		  for living, sleeping, cooking, eating, and sanitation.
(J) "Frame, Main" means that part of the
		  structural system which is normally used to transmit accumulative design loads
		  to the support system.
(K)
		  "Foundation, Manufactured Home" means a site-built or site-assembled system of
		  stabilizing devices which is:
(1) Capable of
		  transferring design dead loads and live loads required by Federal Regulations
		  and other design loads unique to local home sites due to wind, seismic, and
		  water conditions, that are imposed by or upon the structure into the underlying
		  soil bedrock without failure;
(2)
		  In frost susceptible areas, placed at an adequate depth, or otherwise
		  adequately protected, to prevent frost damage: and
(3) Constructed of materials acceptable to
		  the authority having jurisdiction (See Appendix B for examples).
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-2 - License Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Any person, prior to engaging in any business regulated by the
			 Act, shall obtain a license in accordance with the Act and these Regulations.
			 The South Carolina Manufactured Housing Board shall issue licenses in the
			 following classifications:
(1)
		  Manufactured Home Manufacturer, hereinafter referred to as
		  Manufacturer;
(2) Manufactured Home
		  Retail Dealer, hereinafter referred to as Retail Dealer;
(3) Manufactured Home Retail Salesperson,
		  hereinafter referred to as Salesperson;
(4) Manufactured Home Retail Multi-Lot
		  Salesperson, hereinafter referred to as Multi-lot Salesperson;
(5) Manufactured Home Apprentice Salesperson,
		  hereinafter referred to as Apprentice salesperson;
(6) Manufactured Home Show
		  Permit/Temporary;
(7) Manufactured
		  Home Installer, hereinafter referred to as Installer;
(8) Manufactured Home Repairer, hereinafter
		  referred to as Repairer; and
(9)
		  Manufactured Home Contractor, hereinafter referred to as Contractor.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-3 - License Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Applications for manufactured housing
		  license shall contain but not be limited to the following:
(1) Each applicant for license shall have
		  attained the age of eighteen (18);
(2) The name of the person or business
		  applicant;
(3) The address of
		  applicant (residence);
(4) The
		  mailing address and physical location of the business;
(5) Date of birth of applicant;
(6) The name of the state under whose laws
		  the firm or corporation is organized or incorporated;
(7) The name and address of previous
		  employers for the past seven years;
(8) A statement of the previous history of
		  each owner, partners, or officers of a corporation to establish knowledge of
		  reputation for the past seven years;
(9) Appropriate fees;
(10) Appropriate surety bond or other
		  approved security, provided for the length of the license; and
(11) Criminal Background Check for every
		  state of residence for the past seven years.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-4 - Financial Responsibility

Current through Register Vol. 48, No. 6, June 28, 2024
Applicants applying for license in the following classifications
			 will be required to demonstrate financial responsibility in the following
			 manner:
(1) Salespersons and Multi-Lot
		  Salespersons:
(a) A credit report may be made
		  on each new applicant, or on each applicant whose license has been previously
		  suspended or revoked; and
(b) The
		  Board reserves the right to cause a credit report to be made on an applicant
		  for the purpose of investigating a complaint or verifying the information
		  contained on the application for license.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-5 - Bad Checks

Current through Register Vol. 48, No. 6, June 28, 2024
Checks issued to the Manufactured Housing Board or by order of
			 the Board by any retail dealer, manufacturer, salesperson, multi-lot
			 salesperson, installer, repairer or contractor which are dishonored by the
			 financial institution for any reason, and which are not made good within ten
			 (10) days after notice of non-payment, are considered prima facie evidence of
			 untrustworthiness or incompetency in such a manner as to endanger the interest
			 of the public.
(1) If in payment of a
		  license renewal, and a license is issued on the basis of such payment, that
		  license will be immediately canceled.
(2) Where a check or checks are incorrectly
		  returned by a bank or other depository because of the bank or depository's
		  error, a statement to such effect from the institution will be required before
		  a license will be reinstated.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-6 - License Renewal

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Penalty for
		  failure on the part of the applicant to file a renewal application shall be as
		  follows:
(1) A late fee will be assessed for
		  applications received after the end of the renewal period.
(2) If a licensee fails to renew within six
		  months the applicant/authorized official is required to qualify as a new
		  applicant.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-7 - Change of Business Name/Address

Current through Register Vol. 48, No. 6, June 28, 2024
Any licensed entity changing business name, address or any other
			 information as presented on the original application must notify the Department
			 within twenty (20) days by completing an updated application. The licensee
			 shall not do business under a proposed name or at any new location prior to
			 issuance of a new license. A fee will be charged for each updated license
			 issued by the Department. If the change includes a major change in the
			 structure of the business, a new application for license will be required along
			 with the appropriate license fee.
(1)
		  A licensee shall not conduct the business of selling manufactured homes under
		  any other name or at any other location than the one for which licensed unless
		  the license classification is that of multi-lot salesperson.
(2) A license will not be issued to a dealer
		  or manufacturer using a business name that is identical or similar to an
		  existing licensee, unless the dealer or manufacturer is owned by, or in
		  conjunction with the existing licensee, and is part of a single business
		  entity, or in conjunction with a franchise arrangement approved by the
		  Board.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-8 - Release of Surety Bond or Other Approved Security

Current through Register Vol. 48, No. 6, June 28, 2024
If a licensee does not conduct business within a thirty (30) day
			 period after issuance of a license by the Board, the purchaser or indemnifier
			 of the licensee's surety bond or other approved security may petition the Board
			 in writing for the return of the surety bond or other approved security. The
			 petition must include satisfactory evidence that the licensee did not conduct
			 any business and the original license issued to the licensee must be returned
			 with the petition. If the original license is not available, the purchaser or
			 indemnifier may provide evidence of purchase or indemnity of the surety bond or
			 other approved security along with an affidavit attesting to the fact that no
			 business was conducted.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-9 - Board Authorized to Make Investigations and Deny, Suspend or Revoke Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
		  Board may, if it deems necessary, cause an investigation to be made to
		  ascertain if all the criteria set forth in an application for license are true
		  and shall not issue a license to the applicant until it is satisfied as to the
		  accuracy of the application. The Board may deny or refuse to license any
		  applicant based on misrepresentation of facts presented on the application for
		  license, and/or for any of the reasons set forth in the Act, and if the
		  application requirements are not met.
B. The Department shall investigate in
		  accordance with Section
		  40-29-50
		  or upon receipt of inquiries or complaints any allegation of a wrongful act or
		  acts involving licensees, and the Board shall have the authority to take
		  appropriate action as provided in the Act.
C. If a licensee has been licensed in another
		  state and that license has been suspended or revoked and/or if there is an
		  outstanding penalty, the Board at its discretion based on information received
		  with regard to any such suspension, revocation, or penalty may deny, suspend or
		  revoke that licensee's ability to do business within the State of South
		  Carolina.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-10 - Issuance of License after Denial or Revocation

Current through Register Vol. 48, No. 6, June 28, 2024
A person or an entity for which a license was denied or revoked
			 may not reapply for a license within twelve (12) months after the date of the
			 action. Before the license may be issued, a new application and a written
			 petition must be submitted by the applicant and approved by a majority of the
			 members of the Board.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-11 - Manufacturer

Current through Register Vol. 48, No. 6, June 28, 2024
A. A manufacturer's
		  license entitles its holder to sell or offer for sale manufactured homes in the
		  State of South Carolina.
B. For
		  licensing purposes each plant or location of a manufacturer, firm or
		  corporation shall be treated as a separate entity and adhere to all licensing
		  requirements.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-12 - Retail Dealer

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A retail
		  dealer's license entitles its holder to engage in the business of selling,
		  exchanging, buying for resale, offering or attempting to negotiate sales or
		  exchanges of new and/or pre-owned manufactured homes. A person or entity that
		  performs any of the transactions stated in this section for three (3) or more
		  manufactured homes in any consecutive twelve (12) month period is required to
		  be licensed as a retail dealer. The term retail dealer does not include:
(1) Receivers, trustees, administrators,
		  executors, guardians or other persons appointed by or acting under the judgment
		  or order of any court;
(2) Public
		  officials while performing their official duties;
(3) Persons disposing of manufactured homes
		  acquired for personal use, provided that said home is not used for the purpose
		  of avoiding the provisions of this Act or Regulations;
(4) Licensed real estate salespersons or
		  brokers who negotiate or sell a manufactured home for any individual who is the
		  owner of not more than two manufactured homes;
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-13 - Records to Be Kept by Retail Dealer

Current through Register Vol. 48, No. 6, June 28, 2024
Each retail dealer shall keep records in such form as shall be
			 prescribed by the Board. Such records shall include, but not be limited
			 to:
(1) A record of the purchase, sale
		  or exchange, or receipt for the purpose of sale, of any manufactured
		  home;
(2) The description of each
		  such manufactured home, including the serial number and such other numbers or
		  identification marks as may be thereon, and a statement that a number has been
		  obliterated, defaced, or changed, if such fact is apparent.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-14 - Responsibility of Retail Dealer for Test Inspections and Other Items

Current through Register Vol. 48, No. 6, June 28, 2024
A. The retail
		  dealer shall inspect every new manufactured home upon delivery from a
		  manufacturer to determine if the home fails to conform to the Standards or
		  contains an imminent safety hazard. Whenever a retail dealer finds a
		  noncompliance or an imminent safety hazard in a manufactured home, the retail
		  dealer shall contact the manufacturer, provide full information concerning the
		  problem, and request appropriate action by the manufacturer. The retail dealer
		  shall also notify the Department in writing that a manufactured home has been
		  delivered by the manufacturer with a nonconformance or an imminent safety
		  hazard. No retail dealer may sell a new manufactured home if it contains a
		  failure to conform or an imminent safety hazard.
B. The retail dealer shall inspect every new
		  manufactured home prior to selling to determine that all items of furniture,
		  appliances, fixtures and devices are not damaged and are in place.
C. The retail dealer is responsible for
		  making sure the installation and anchoring of all manufactured homes it sells
		  meets the manufacturer's installation requirements and/or the minimum
		  installation requirements as prescribed in these Regulations except as
		  described in paragraph (D) below. If a retail dealer contracts or subcontracts
		  the installation to a licensed installer, the installer or contractor will be
		  responsible for all work it performs. Transportation of the manufactured home
		  from the retail dealer's lot to the stand may be performed by a mover, employed
		  or contracted by the retail dealer, or by an installer. When a mover employed
		  or contracted by the retail dealer transports a manufactured home, the retail
		  dealer will be responsible for any and all damage incurred to the home during
		  the move. When an installer or contractor transports a manufactured home, the
		  installer or contractor will be responsible for any and all damage incurred to
		  the home during the move.
D. If the
		  consumer elects not to contract with a retail dealer for the installation and
		  anchoring services, upon signing of a waiver by the consumer, the retail dealer
		  shall be released from this responsibility.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-15 - Retail Dealer Sales Transactions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each retail dealer shall furnish each
		  Consumer purchasing a manufactured home a copy of any and all documents
		  pertaining to the sale of the manufactured home, which include, but are not
		  limited to, the following:
(1) A Copy of
		  Purchase Agreement;
(2) Contract of
		  Sale;
(3) Closing statement,
		  including the purchase price, all funds paid and to be paid by the Consumer,
		  receipt and disposition of all other funds relevant to the sales transaction,
		  except those funds related to sales commissions and profit by the
		  dealer;
(4) Homeowner's Manual and
		  Installation Manual; and
(5)
		  Warranties and Manuals for Appliances, Roof and Siding, if
		  applicable.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-16 - Handling of Funds

Current through Register Vol. 48, No. 6, June 28, 2024
A. All monies
		  received by a salesperson or multi-lot salesperson in connection with the sale
		  of a manufactured home shall be immediately delivered to the retail
		  dealer.
B. A salesperson or
		  multi-lot salesperson shall not commingle monies or any other valuables
		  belonging to others which have come into the salesperson's or multi-lot
		  salesperson's possession as a result of the sale of a manufactured
		  home.
C. A retail dealer shall
		  maintain in the retail dealer office a complete record of all monies received
		  as a result of the sale or offer of sale of a manufactured home including:
(1) the amount of deposit/down
		  payment;
(2) from whom the money
		  was received;
(3) date or dates of
		  receipt;
(4) date of
		  deposit;
(5) make and serial number
		  of manufactured home involved in the transaction; and
(6) when a transaction has been completed,
		  whether or not a manufactured home was sold, the final disposition of the
		  monies, except those monies related to sales commissions and profit by the
		  dealer.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-17 - Contracts; Deposits and Down Payments; Rescission

Current through Register Vol. 48, No. 6, June 28, 2024
(A) For the purposes of this Regulation, an
		  agreement to purchase a manufactured home will be deemed valid prior to
		  closing, if the agreement is in writing, is signed and dated by the buyer and
		  seller on the same date, and meets all other requirements of the Board's
		  statutes and regulations. Further, the seller's failure to provide the buyer,
		  as required by the Board's regulations, with an identical copy of any purported
		  agreement that the seller wishes to enforce shall render the agreement invalid
		  for purposes of this Regulation.
(B) The failure to accurately describe the
		  exact nature of the deposit or down payment with respect to a manufactured home
		  purchase agreement, including cash, real estate, titles, or objects exchanged,
		  will render the agreement invalid for purposes of this Regulation.
(C) Where any manufactured home purchase
		  agreement also obligates the buyer to the purchase or lease of land, the
		  requirements of this Regulation will be deemed applicable to the entire deposit
		  or down payment without regard to any purported allocation of the deposit or
		  down payment between the manufactured home and the land.
(D) In the absence of a valid agreement in
		  accordance with this Regulation, or in the absence of a provision in such an
		  agreement that addresses the conditions under which the seller is entitled to
		  retain a deposit or down payment, the seller must immediately return all cash
		  and other items used as a deposit or down payment if the buyer rescinds the
		  transaction at any time prior to completion of closing: provided, however, that
		  the seller may retain the lesser of the actual financing application fee or
		  fifty dollars where the buyer is rejected for financing.
(E) Where a valid agreement exists, in
		  accordance with this Regulation, notwithstanding any contrary provisions of the
		  agreement, the buyer may rescind the transaction at any time prior to closing,
		  provided, however, that the seller may in such case retain reasonable costs
		  actually incurred because of the buyer's rescission. Reasonable costs may
		  include, but shall not necessarily be limited to, transportation, installation,
		  decoration, and interest for modified floor plans.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-18 - Retail Dealer Supervision of Employees

Current through Register Vol. 48, No. 6, June 28, 2024
A. A retail dealer shall adequately supervise
		  and control employees. The failure of a retail dealer to undertake appropriate
		  corrective action within a reasonable period of time after that retail dealer
		  has actual knowledge of a violation of the Act or Regulations by an employee
		  shall be prima facie proof of inadequate supervision and control.
B. A licensee's obligation to comply with the
		  Act and Regulations shall not be altered by any contract or agreement between
		  the licensee and his employees, agents or subcontractors.
C. Failure to comply with the provisions of
		  this regulation may, after opportunity for hearing, result in a license denial,
		  revocation or suspension.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-19 - Salesperson

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A salesperson's
		  license entitles its holder to be employed for remuneration or consideration by
		  a retail dealer to engage in the sale of new and/or pre-owned manufactured
		  homes through that retail dealer.
(B) Each salesperson must be licensed
		  individually.
(C) No salesperson
		  shall offer for sale or sell manufactured homes in the State until receipt of a
		  license from the Department.
(D)
		  When doing business in this state, each salesperson shall be able to present a
		  license on request.
(E) Change of
		  Employment.
(1) When a licensed salesperson
		  is discharged or changes place of employment, the retail dealer shall notify
		  the Department within ten (10) days, by letter reporting such termination and
		  the reason for termination and furnish a forwarding address if known, for the
		  salesperson.
(a) The notice must specify the
		  reason for the change in status, e.g., discharge.
(b) The communication by the retail dealer to
		  the Department is privileged and subject to the provisions of S.C. Code Ann.
		  Sec.
		  40-1-190
		  (Supp. 1996).
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-20 - Multi-Lot Salesperson

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A
		  multi-lot salesperson's license entitles its holder to be employed by a retail
		  dealership with multiple lot locations having the same ownership for
		  remuneration or consideration, to engage in the sale of new and/or pre-owned
		  manufactured homes on any of the retail dealer lot locations.
(B) Surety bond or other approved security
		  shall be marked for the locations at which the multi-lot salesperson will be
		  working.
(C) No multi-lot
		  salesperson shall offer for sale or sell manufactured homes in the State until
		  receipt of license from the Department.
(D) When doing business in this state, each
		  multi-lot salesperson must present license on request.
(E) Change of Employment.
(1) When a multi-lot salesperson is
		  discharged or changes place of employment the retail dealer shall notify the
		  Department within ten (10) days, by letter, reporting such termination and the
		  reason for termination and furnish a forwarding address if known, for the
		  multi-lot salesperson.
(a) The notice must
		  specify the reason for the change in status, e.g., discharge.
(b) The communication by the retail dealer to
		  the Department is privileged and subject to the provisions of S.C. Code Ann.
		  Sec.
		  40-1-190
		  (Supp. 1996).
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-21 - Installers

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An installer's
		  license entitles its holder to install manufactured homes on a contract or
		  subcontract basis for manufacturers, dealers or home purchasers. All work must
		  be in compliance with all applicable federal, state statutes, regulations and
		  standards. Work authorized by an installer's license is limited to:
(1) transportation of the manufactured home
		  from dealership to stand:
(2) stand
		  preparation:
(3) physical placement
		  of the manufactured home on the stand:
(4) physical connection of sections and
		  structural, nonstructural and mechanical components of the manufactured
		  home:
(5) installation of
		  foundation system, piers, block work, ground anchors and tiedown straps,
		  leveling, vapor barrier, prefabricated steps: and,
(6) physical connection and testing of
		  electrical, plumbing, gas and mechanical components and services, unless
		  otherwise authorized by law.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-22 - Repairers

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A repairer's
		  license entitles its holder to modify or repair manufactured homes on a
		  contract or subcontract basis for manufacturers, dealers or home purchasers.
		  All work must be in compliance with all applicable federal, state statutes,
		  regulations and standards. Work authorized by a repairer's license is limited
		  to repair of components, systems, appliances, fixtures or devices on or in a
		  manufactured home;
(B) All work
		  undertaken by a repairer must be accomplished in a good and workmanlike
		  manner.
(C) A repairer's license
		  does not permit an individual to install a manufactured home.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-23 - Contractors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A contractor's
		  license entitles its holder to install, modify or repair manufactured homes on
		  a contract or subcontract basis for manufacturers, dealers or home purchasers.
		  All work must be in compliance with all applicable federal, state statutes,
		  regulations and standards. Work authorized by a contractor's license is limited
		  to:
(1) all work authorized for installers
		  and repairers;
(2) construction of
		  porches, decks, ramps, handrails and guardrails: and,
(3) installation of awnings and other add-on
		  components produced specifically for use on or in manufactured homes.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-24 - Installers, Repairers and Contractors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) To qualify for licensure as a
		  manufactured housing installer, repairer or contractor, the applicant must:
(1) show proof of a minimum of two (2) years
		  experience in the actual practice of the discipline for which the license is
		  applied;
(2) show proof of
		  attendance at a Board approved training program: and,
(3) have attained a minimum grade of
		  seventy-five (75) on the Board approved examination.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-25 - Standard of Conduct

Current through Register Vol. 48, No. 6, June 28, 2024
A. No
		  licensee shall aid or abet an unlicensed person to evade the provisions of the
		  Act or Regulations: knowingly combine or conspire with, or act as an agent,
		  partner, or associate for an unlicensed person.
B. No licensee shall use dual sets of
		  contracts, written or otherwise, which would falsify the transaction by stating
		  a sales price higher than the actual sales price in an effort to obtain a
		  larger loan from any lender or lending institution or in any way providing
		  intentional misinformation to any governmental agency.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-26 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All fees are
		  payable in advance and must be accompanied by an application.
(B) The Board may charge fees as shown in
		  South Carolina Code of Regulations Chapter 10-22 and on the South Carolina
		  Board of Manufactured Housing website at
http://llr.sc.gov/POL/ManufacturedHousing/
.
		  Fees shall not be refunded.
(C) The
		  Department will charge a fee each time a reinspection is performed on a
		  manufactured home that is involved in a complaint. The fee will be charged to
		  the dealer, manufacturer, installer, repairer or contractor as appropriate. If
		  more than one entity is responsible for the reinspection, the fee will be
		  prorated. If a reinspection reveals that all complaint items have been
		  satisfied, no fee will be charged to any licensee. If it is determined by the
		  Board that a reinspection requested by a consumer is frivolous or without
		  basis, the fee will be charged to the consumer.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-27 - Manufactured Home Show Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Permits for display or offering homes for
		  sale at locations other than the normal business location must be obtained from
		  the Department. Written notice of display, show, date/time, location, names and
		  addresses of retail dealers, number of homes and names of any licensees who may
		  be showing or offering homes for sale, must be received by the Department
		  thirty (30) days in advance of the date of the show.
(B) Permits for display or special showings
		  of manufactured homes at locations other than the normal business location for
		  educational, charitable or information purposes must also be obtained from the
		  Department: however, no fee will be charged.
(C) Applications for both permits may be
		  obtained from the Department upon request.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-28 - Training

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Prior to
		  issuance of an installers, repairers, contractors, retail dealers or
		  salespersons license, the applicant must submit proof of training as approved
		  by the Board.
(B) All training
		  providers, course curriculums, examinations and any other criteria necessary to
		  satisfy the requirements of these regulations must be approved by the Board.
		  Fees and fee increases charged by training providers, for courses and
		  examinations required by these regulations, must be approved, not less than
		  sixty (60) days in advance by the Board.
(C) The training provider must furnish the
		  Department, in writing, notice of any change in course curriculum, not less
		  than sixty (60) days prior to the effective date of the change. Changes in
		  course curriculum cannot occur until approved by the Board.
(D) The training provider must furnish the
		  Department with a schedule of classes or sessions, stating their dates, time
		  and location. The Department reserves the right to audit any class or session
		  at any time, with or without notice and without fee for entry.
(E) Examinations administered by training
		  providers or examination services, are and remain, the sole property of the
		  Board. Use of the examinations by any entity or for any purpose not approved by
		  the Board is a misdemeanor.
(F)
		  Approval as a training provider may be suspended or revoked by the Board for
		  misuse of examinations or failure to comply with these regulations.
(G) Proof of training must include curriculum
		  and written examination in the following areas.
(1) Installers:
(a) federal and South Carolina statutes and
		  regulations governing manufactured housing;
(b) manufacturer's installation manuals and
		  requirements;
(c) preparation of
		  manufactured housing stands;
(d)
		  installation of foundation systems;
(e) blocking, perimeter support and leveling
		  of manufactured homes;
(f)
		  structural connections of sections and major components;
(g) installation of anchoring systems and
		  components;
(h) installation of
		  vapor barriers, curtain walls, access and ventilation for crawl space
		  areas;
(i) electrical
		  connections;
(j) plumbing
		  connections;
(k) mechanical
		  equipment connections;
(l) gas
		  equipment connections; and,
(m)
		  connections of vents, ducts, carpet and other nonstructural
		  components.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-29 - Examinations

Current through Register Vol. 48, No. 6, June 28, 2024
(A) License
		  applications and licensing requirements are available from the Department. The
		  applicant shall contact and arrange with a Service Provider approved by the
		  Department for taking the examination. The approved Service Provider shall
		  provide the applicant with the results on the day of examination. The applicant
		  shall provide the department with the passing score report at the time of
		  application.
(B) Passing
		  examination results for any person who takes the examination will remain in
		  effect for a six-month period: a person who has not applied for license during
		  that period will be required to be reexamined before a license application will
		  be accepted.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-30 - Failure of Examination

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who fails to achieve a passing score on the
			 examination shall be eligible for further examination for a one year period
			 upon payment of necessary examination fee. If the applicant has not passed the
			 exam within one year, the applicant must retake the mandatory training class as
			 required by the Board.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-31 - Complaints and Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Any
		  person claiming to be injured by an alleged violation of the Act or these
		  Regulations may file a written complaint with the Department which shall
		  contain the name and address of the licensee(s) against whom the complaint is
		  made, a concise statement of the alleged violation, and any other pertinent
		  information that the Board may determine necessary to adequately evaluate the
		  complaint.
(B) Upon receipt of a
		  written complaint, the Department shall investigate by telephone or personal
		  contact the alleged violation to determine whether cause exists to investigate
		  further. If such cause exists and involves matters pertaining to the warranty
		  or nonconformance of a manufactured home, the Department shall contact by mail
		  the licensee(s), forwarding a copy of the written complaint, and request
		  correction of the alleged violation(s) within ten (10) days upon receipt. If
		  the violation(s) is not corrected, the Department may perform an on-site
		  inspection of the home.
(1) The Department
		  shall notify the licensee(s) and consumer by mail of the date and time of the
		  inspection. The licensee(s) must be present for the inspection, but may be
		  relieved under special circumstances or upon reasonable request in writing
		  prior to inspection date.
(2) The
		  consumer shall make himself available during reasonable business hours to be
		  present for the inspection.
(3)
		  From the date of the inspection the licensee(s) shall be given thirty (30) days
		  in which to correct any violation(s) noted during the on-site
		  inspection.
(4) If the violation(s)
		  has not been satisfactorily corrected within the thirty (30) days and the
		  licensee(s) has not provided a satisfactory explanation, the licensee(s) shall
		  be directed, after proper notification, to appear before the Hearing Examiner
		  for the Manufactured Housing Board for an administrative hearing.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-32 - Complaints from Other than Consumers

Current through Register Vol. 48, No. 6, June 28, 2024
A. All complaints against licensees shall be
		  in writing.
B. The Board will not
		  enter into disputes between licensees or between licensees and business
		  associates over payment of salaries, wages, debts or commissions: however, the
		  Board may take these matters into consideration for the purpose of determining
		  whether a violation of the Act or these Regulations has occurred.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-33 - Hearing Examiner

Current through Register Vol. 48, No. 6, June 28, 2024
The Board shall designate one or more individuals who will act as
			 a Hearing Examiner and who will not be a member of the Board. The Hearing
			 Examiner shall hold hearings in accordance with the Act and Regulations and
			 shall have power to administer oaths and to issue subpoenas for the attendance
			 of witnesses and the production of books, records, accounts and papers pursuant
			 to the Administrative Procedures Act.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-35 - Increase of Surety Bond or Other Approved Security Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Board may
		  upon finding a licensee in violation of the provisions of the Act or
		  Regulations increase the surety bonding or other approved security amount
		  requirement not to exceed the maximum amount allowable under the Act.
(B) The Board may upon finding that an
		  applicant for license has violation(s) which occurred during the past ten (10)
		  years increase the surety bonding or other approved security amount requirement
		  as a prerequisite for the issuance of license.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-36 - Reduction of Surety Bond or Other Approved Security Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A licensee may, after twelve (12) months of increased surety
			 bonding or other approved security requirements, petition the Board in writing
			 for the surety bonding or other approved security requirement to be reduced.
			 The written request must also include any corrective action which has been
			 taken by the licensee to rectify the violation(s) which occurred. The Board,
			 after reviewing the record of the licensee during the year of increased surety
			 bonding or other approved security to determine if the violation(s) has been
			 cured by corrective action and there have not been further violation(s), may
			 reduce the surety bonding or other approved security requirement to a lesser
			 amount or to the minimum as provided in the Act.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-37 - Claims against Surety Bond or Other Approved Security

Current through Register Vol. 48, No. 6, June 28, 2024
A. In the event the
		  responsible licensee(s) is unavailable or otherwise fails to resolve a
		  complaint registered by a consumer, a claim may be filed against the surety
		  bond or other approved security of the appropriate licensee(s) for the
		  resolution of the complaint. Proceeds from the surety bond or other approved
		  security may be disbursed only to the consumer who has followed the complaint
		  process as provided by the Board or to a licensed retail dealer or manufacturer
		  of a consumer's home who has performed service on the consumer's home on behalf
		  of an out of business licensee.
(1) When it
		  has been determined by investigation and/or inspection that the claim is valid,
		  the consumer will be notified that a claim may be filed;
(2) If the complaint involves money, title or
		  contractual dispute, the consumer will be requested to present receipts,
		  canceled checks, contracts and other documentation to substantiate the
		  claim.
(3) If the complaint
		  involves repairs the consumer will be requested to provide estimates, which
		  will be reviewed by the Department and an estimate will be chosen, if
		  reasonable.
(4) In circumstances
		  where the consumer has attempted but has been unsuccessful in obtaining
		  estimates, the consumer may petition the Department for waiver of the
		  requirement. The petition shall be a statement by the consumer of all efforts
		  made in attempting to obtain estimates and the results of those
		  efforts.
(5) If the complaint
		  involves reimbursement for repairs the consumer will be requested to present
		  the bill(s) received for repairs. The Department will review the cost(s) and a
		  determination will be made as to whether the cost(s) is fair and
		  reasonable.
(6) If repairs are
		  necessary to maintain the safety, health and well-being of the consumer, or if
		  a delay in repairs may cause further damage to the consumer's property, and a
		  licensed retail dealer or manufacturer of the consumer's home is out of
		  business, service may be provided to that consumer's home by the other
		  currently licensed party on behalf of the out of business licensee. That
		  licensee may petition the Board for reasonable reimbursement under the surety
		  bond or other approved security of the licensee which is out of
		  business.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-38 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
A. An inspector may
		  enter, at any reasonable time, any licensee's premises where manufactured homes
		  are manufactured, sold, or offered for sale, and inspect any documents and
		  records required to be maintained under the Act and Regulations. The Department
		  may determine the times for periodic monitoring of retail dealer locations to
		  ascertain compliance with the Act.
B. An inspector may enter any licensee's
		  location during normal working hours to inspect new manufactured homes for
		  compliance with the Act and Regulations.
C. A manufactured home found by an inspector
		  to contain a violation(s) shall be conspicuously tagged with a "Red Tag", which
		  specifies that the sale of the home is prohibited. Upon notification from the
		  licensee that the violation(s) in the manufactured home has been corrected and
		  upon inspection or verification of appropriate corrections, the Department
		  shall authorize the removal of the "Red Tag".
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-39 - Injunction

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may enforce the provisions of the Uniform
			 Standards Code for Manufactured Housing Act by injunction or mandamus or any
			 proper legal proceeding in the circuit court of the county in which the offense
			 was committed.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-40 - National Manufactured Housing Construction and Safety Standards

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Manufactured Housing Board hereby adopts the
			 standards contained in the National Manufactured Housing Construction and
			 Safety Act of 1974,
			 42 U.S.C.
			 5401 et. seq., as amended.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-41 - National Manufactured Housing Construction and Safety Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Manufactured Housing Board hereby adopts the
			 manufactured home procedural and enforcement regulations 24 C.F.R. 3282, as
			 amended, promulgated by the Department of Housing and Urban Development
			 pursuant to the National Manufactured Housing Construction and Safety Standards
			 Act of 1974, 72 U.S.C. 5401 et. seq., as amended.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-44 - Retail Managers; Finance Managers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Persons designated as retail managers must
		  be licensed as retail salespersons. A retail manager is any person who has the
		  authority to act on behalf of a retail dealer in the management of a retail
		  center or to supervise any function that requires a retail salesperson
		  license.
B. Activities which
		  indicate a person is a manager include, but are not limited to, the general
		  supervision of a retail center, the authority to approve purchase agreements or
		  other contracts, the practice of receiving funds on behalf of the retail
		  dealer, the approval of advertising, and the hiring, firing, supervision or
		  compensation of salespersons.
C.
		  The retail manager is responsible under Section
		  40-29-150,
		  concurrently with the retail dealer and salespersons, for any activities (1)
		  carried out by the retail manager related to the operation of the retail center
		  or (2) carried out by anyone acting in an area supervised by the retail
		  manager.
D. Any person who holds
		  himself out to a consumer as the retail dealer's representative for the purpose
		  of obtaining financing falls under the definition of retail salesperson and
		  must be so licensed.
South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Appendix B - TYPICAL DESIGNS FOR LOAD BEARING SUPPORTS FOR MANUFACTURED HOMES

Current through Register Vol. 48, No. 6, June 28, 2024
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