South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5400 - Qualification of Special Inspectors

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any applicant for a license as a special
			 inspector shall present evidence of all qualifications as stated in the 1984
			 edition of QEI-1, The American National Standard for Qualification of Elevator
			 Inspectors, and supplements thereto as adopted by the American National
			 Standards Institute. Submission of a copy of a valid Inspector's Certificate
			 issued by any authority accredited by the American Society of Mechanical
			 Engineers shall be evidence that the applicant has all required
			 qualifications.
2. Each applicant
			 for approval as a special inspector shall submit with his annual application
			 evidence of insurance against errors and omissions (or approved general
			 liability insurance) covering inspections of elevators in an amount of no less
			 than $500,000 per occurrence, procured from one or more insurers licensed to
			 transact insurance in South Carolina or approved as a non-admitted surplus
			 lines carrier for risks located in this State. Each policy, by its original
			 terms or an endorsement, shall obligate the insurer that it will not cancel,
			 suspend, or nonrenew the policy without thirty (30) days written notice of the
			 proposed cancellation, suspension, or nonrenewal and a complete report of the
			 reasons for the cancellation, suspension, or nonrenewal being given to the
			 Commissioner. In the event the liability insurance is cancelled, suspended or
			 nonrenewed, the insurer shall give immediate notice to the
			 Commissioner.
3. Special inspectors
			 shall conduct all follow-up, safety related complaints, and abatement
			 inspections as called for by the division and shall be responsible for
			 submitting all associated paperwork.
4. Special Inspectors shall record and report
			 the findings of all inspections conducted pursuant to S.C. Code 41-16-10 et
			 seq. on forms supplied by the Department. Special inspectors shall execute and
			 convey the form in a manner prescribed by the Department. The Director may
			 suspend or revoke a special inspector's license for failure to complete the
			 inspection form as prescribed by the Department. The Director may also suspend
			 or revoke a special inspector's license for any misrepresentation or omission
			 of any material fact related to the inspection. In addition to the foregoing,
			 the Director may withhold issuance of an Operating Certificate for failure to
			 complete the inspection form as prescribed by the Department or
			 misrepresentation or omission of any material fact related to the
			 inspection.
5. Any special
			 inspector may have his license revoked or may have a license denied to him who:
A. uses or discloses information gained in
			 the course of or by reason of his official position for any purpose other than
			 making official inspections;
B.
			 receives compensation to influence his inspections;
C. uses a false, fraudulent, or forged
			 statement or document or committed a fraudulent, deceitful, or dishonest act or
			 omitted a material fact in obtaining licensure as a special
			 inspector;
D. has had a license to
			 practice a regulated profession or occupation including special inspector in
			 another state or jurisdiction canceled, revoked, or suspended or who has
			 otherwise been disciplined;
E. has
			 intentionally or knowingly, directly or indirectly, violated or has aided or
			 abetted in the violation or conspiracy to violate this article or a regulation
			 promulgated under this article;
F.
			 has intentionally used a fraudulent statement in a document connected with
			 practice as a special inspector;
G.
			 has obtained fees or assisted in obtaining fees under fraudulent
			 circumstances;
H. has committed a
			 dishonorable, unethical, or unprofessional act that is likely to deceive,
			 defraud, or harm the public;
I.
			 lacks the professional or ethical competence to practice as a special
			 inspector.
J. has been convicted of
			 or has pled guilty to or nolo contendere to a felony or a crime involving drugs
			 or moral turpitude;
K. has
			 practiced as a special inspector while under the influence of alcohol or drugs
			 or uses alcohol or drugs to such a degree as to render him unfit to practice as
			 a special inspector;
L. has
			 sustained a physical or mental disability which renders further practice
			 dangerous to the public;
M. has
			 violated a provision of this article or of a regulation promulgated under this
			 article.