reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-600 - Licensing Standards for Continuing Care Retirement Communities

Current through Register Vol. 48, No. 6, June 28, 2024
A. License Applications.
(1) In addition to the requirements in
		  Section
		  37-11-30(B),
		  an application for a CCRC license must contain at least the following
		  information:
(a) a feasibility study prepared
		  in accordance with generally accepted accounting principles;
(b) a statement of all fees required of
		  residents, including, but not limited to, a statement of the entrance fee
		  charged, the monthly service charges, the proposed application of the proceeds
		  of the entrance fee by the operator, and the plan by which the amount of the
		  entrance fee is determined if the entrance fee is not the same in all
		  cases;
(c) a resident's guide,
		  policy manual, or other material of similar application, whether current or
		  proposed;
(d) a copy of an
		  agreement with the providers for the provision of medical care, health care, or
		  other health-related services;
(e)
		  a list of all necessary permits, licenses and certificates received or applied
		  for, and their status at the time the application is submitted to the
		  department;
(f) a copy of the
		  procedure for reviewing and handling residents' complaints; and
(g) such other reasonable data as the
		  department may require with respect to the operator or the facility.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-700 - Consumer Credit Counseling Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Definitions
(1) Definitions shall be those
		  contained in the Consumer Credit Counseling Act, S.C. Code Ann. Section
		  37-7-101
et seq.
and the following:
(a) "Fees and charges of licensees" means the
		  amount of money the credit counseling organization licensee may charge to the
		  consumer.
(b) "Good Faith" means
		  honesty in fact and the observance of reasonable standards of fair
		  dealing.
(c) "Instructor" means a
		  person that presents or teaches a continuing education course to licensees or
		  otherwise guides licensees through the course materials.
(d) "Professional certification organization"
		  means an independent organization, approved by the department, which
		  authenticates the competence of individuals providing education and assistance
		  to other individuals in connection with credit counseling services.
(e) "Sponsor" means a person that offers or
		  otherwise coordinates a continuing professional education course.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-900 - Motor Vehicle Subleasing and Loan Assumption Brokers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
Definitions shall be those contained in the Regulation of the
			 Subleasing and Loan Assumption of Motor Vehicles Act. S.C. Code Ann. Section
			 37-13-10
			 et seq. (1976 as amended).
B. Application Process
All motor vehicle sublease arrangers must submit the following in
			 order to be considered for a license to engage in the business of auto
			 brokering in this State
(1) A formal
		  application for the license in the form and detail the Administrator requires,
		  executed under oath by the owner(s) of the business or other persons as
		  required by the Administrator.
(2)
		  A certified copy of its charter or articles of incorporation and its bylaws, if
		  any. If a partnership, any partnership filings and agreements.
(3) If a corporation, a certified copy of the
		  good standing certificate from the Secretary of State.
(4) A certified copy of its most recent
		  financial statement certified by the owner(s) as true and correct as of the
		  date of the signature(s) or an audited written financial statement by an
		  accountant licensed in this State.
(5) A copy of the sublease agreement
		  incorporating all requirements of applicable law and regulation.
(6) A surety bond or irrevocable letter of
		  credit in the amount of $25,000.00 per location with the Administrator of the
		  Department of Consumer Affairs of the State of South Carolina listed in favor
		  of the bond or letter of credit.
(7) An application fee of $250.00 per
		  location due by October 31 each year. The renewal period will be between
		  September 1 and October 31 of each year. The renewal fee is the same as the
		  initial fee.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-1000 - Professional Employer Organizations

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Definitions.
(1) "Biennium" means the
		  two-year licensing cycle which ends on September 30 of every odd-numbered
		  year.
(2) "Co-employer" means
		  either a professional employer organization or a client company, as defined in
		  Section
		  40-68-10(2) and
		  (10).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-1100 - Prepaid Legal Services Certificate of Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. DEFINITIONS
(1) Definitions shall be those contained in
		  S.C. Code Ann. S. 37-16-10 et seq. (1976 as amended) and the following:
(a) "Administrator" means the officer
		  appointed by the Commission on Consumer Affairs pursuant to Title 37, Chapter
		  6.
(b) "Representative" means an
		  individual who performs direct selling or direct in-person or electronic
		  solicitation of South Carolina citizens on behalf of a prepaid legal services
		  company.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-1 - Examination Requirements; Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
The following classifications require passage of a technical examination, approved by the board:
(1) building:
(a) limited building contractor examination, license groups one, two, and three;
(b) commercial building contractor examination, license groups four and five;
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-3 - Financial Statements

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Where an applicant is required to have a financial statement submitted by a certified public accountant, the board may accept a financial statement based on "Other Comprehensive Basis of Accounting" (OCBOA) or on an accepted international accounting standard, only if the certified public accountant expressly indicates in the financial statement that the financial requirements for licensure would be met if the financial statement had been prepared according to "General Accepted Accounting Principles" (GAAP).
(B) Financial statements must be submitted in English.
(C) The board may accept a financial statement based upon a foreign currency if the applicant provides adequate documentation that shows the net worth or working capital of the company, converted to United States dollars, meets or exceeds the net worth or working capital and other financial requirements of the appropriate license group in which the applicant is applying.
(D) Owner-prepared financial statements must be submitted on the form prescribed by the board. The Department will furnish this form to all applicants for initial licensing or renewal in the applicable group limitations. The form must contain assets, liabilities and total net worth or working capital of the licensee. Internal balance sheets or ledgers are not acceptable forms of financial documentation.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-5 - Construction Management Licensure Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An architectural or engineering entity acting as a construction manager shall file an application with the department designating one professional license of a full-time employee employed by the entity to qualify the entity for the practice of construction management pursuant to Section 40-11-320.
(1) The application shall ask the department to list the entity as a construction manager. The application shall include the following: the applicant's name and license number to be listed as a construction manager; the name should be the exact name used by the applicant when conducting business on a daily basis; list the type of license and license number of the employee qualifying the entity as a construction manager.
(2) The entity requesting to act as a construction manager shall submit a financial statement meeting the requirements of Section 40-11-260 or a surety bond meeting the requirements of Section 40-11-262 with the application.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-7 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Fees shall be
			 as specified in Chapter 10 of the Code of Regulations or as may be modified in
			 accordance with law.
(B) Fees,
			 except replacement fees, may be adjusted on a biennial basis as
			 appropriate.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-8 - Administrative Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Administrative penalties assessed pursuant to a citation under
				Section
				40-11-100
				shall be for the following:
(A)
			 entering into a contract with an unlicensed contractor for work to be performed
			 for which a license is required; or
(B) failure to obtain a building permit as
			 required by a local or state government before engaging in construction;
			 or
(C) failure to provide
			 information, records, or documents as requested by the department; or
(D) failure to notify the department of
			 changes in information required in an original or renewal application;
			 or
(E) contracting or offering to
			 contract for construction work exceeding the limitations of a license group or
			 outside the classification or subclassification of a license; or
(F) engaging or offering to engage in
			 contracting without a valid license as required under this chapter;
			 or
(G) submitting a bid without a
			 valid license when one is required by law; or
(H) awarding or accepting a bid or signing a
			 contract for a project when the contractor is not properly licensed;
			 or
(I) failure to timely notify the
			 department of changes in the licensee's current mailing address, business
			 street address, and business telephone number.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-9 - Change of Address

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
			 Each licensee must maintain a current mailing address, business street address,
			 and business telephone number.
(B)
			 Each licensee must notify the department within fifteen days of any changes
			 listed above in (A).
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-10 - Mechanical Contractors Licensure Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Any mechanical contractor with a process piping classification that was licensed prior to April 1, 1999, may install boilers and engage in any activity involving boiler maintenance, repair, or inspection. Any mechanical contractor issued an initial license with a process piping classification on or after April 1, 1999, may not engage in any boiler work requiring a license unless he has a mechanical contractors heating classification.
(1) Licensees licensed prior to April 1, 1999, will be listed as a 1P process piping license classification.
(2) Licensees licensed on or after April 1, 1999, will be listed as a 2P process piping license classification.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-12 - General Contractors-Highway Classification

Current through Register Vol. 48, No. 6, June 28, 2024
Any contractor that has been issued all of the following
				license classifications referenced in Section
				40-11-410(2)
				will be designated as HIGHWAY (HY) on the license card and license
				certificate:
(1) Bridges;
			 and
(2) Concrete Paving;
			 and
(3) Asphalt Paving;
			 and
(4) Grading, and
(5) Highway Incidental.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-13 - Mechanical Contractors - Air conditioning, Heating and Packaged Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each contractor
			 licensed in these mechanical contractors sub classifications shall
			 conspicuously display the mechanical contractor license issued to it by the
			 South Carolina Department of Labor, Licensing and Regulation in an area
			 accessible to the public at the contractor's principal place of
			 business.
2. Each contractor
			 licensed in these mechanical contractor sub classifications shall prominently
			 display its mechanical contractor license number issued to it by the South
			 Carolina Department of Labor, Licensing and Regulation on all vehicles used
			 exclusively by the contractor in the daily operation of its business. The
			 license number shall be a minimum of two (2) inch high letters and numbers, on
			 a contrasting background, displayed on both sides of the vehicle.
3. Each invoice and proposal form for these
			 licensed mechanical contractor sub classifications shall contain the mechanical
			 contractor license number issued by the South Carolina Department of Labor,
			 Licensing and Regulation.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 1 - GENERAL RULES AND BY-LAWS › Section 29-14 - Surety Bond Claims

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A claim on
			 a surety bond issued pursuant to Section
			 40-11-262
			 shall be filed directly with the surety company by the claimant on a claim form
			 approved by the Board. A claimant is not required to receive authorization from
			 the Board to file a bond claim. Claims are limited to the acts or omissions
			 referenced in Section
			 40-11-262(B)(3),
			 are for actual damages, and do not include attorney's fees incurred by or
			 punitive damages awarded to the claimant.
(B) All liability on a surety bond is
			 applicable to the surety bond in effect as of the date of occurrence which gave
			 rise to the liability.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-70 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Fire Protection
			 Sprinkler Contractor: A person engaged in the planning, sale, installation,
			 repair, alteration, addition, maintenance, or inspection of fire protection
			 sprinkler systems or waterspray systems.
(B) Licensed Fire Protection Sprinkler
			 Contractor: A fire protection sprinkler contractor who has qualified for and
			 received a sprinkler contractor's license from the South Carolina Licensing
			 Board for Contractors.
(C)
			 Certificate Holder: An individual who has satisfactorily passed the NICET Level
			 III Fire Sprinkler Technicians written competency examination.
(D) Grandfathered Qualifier: An individual
			 who qualified for certification not by passing the NICET Level III written
			 examination, but by meeting the alternate requirements that were in effect
			 prior to September 1, 1985.
(E)
			 Qualifying Representative: A certificate holder or grandfathered qualifier who
			 is listed on the certificate of the fire sprinkler contractor as having met the
			 Board's requirements to obtain a sprinkler contractors license.
(F) Sprinkler Contractors License: The
			 license issued to sprinkler contractors who have met the statutory requirements
			 and regulatory requirements for licensure. The license certificate will be
			 issued in the name of the fire protection sprinkler contractor with the name or
			 names of the certificate holder(s) and/or grandfathered qualifier(s) on the
			 license.
(G) Certification Card: A
			 card issued to those who have met the qualifications of either a NICET III
			 certificate holder or a grandfathered qualifier. Those holding a certification
			 card will also be listed on the license certificate of the licensed fire
			 protection sprinkler contractor.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-75 - Applications, Fees

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Application
A person desiring to qualify for a sprinkler contractor's
				license shall submit to the Board on standard forms provided by the Board an
				application completed according to instructions with the following
				information:
(1) Name and address of
			 fire protection sprinkler company.
(2) Name and home address of NICET III or IV
			 Technician Certification certificate holder.
(3) Certification that the certificate holder
			 is a full-time owner, partner, officer or in a full-time management position
			 with the applicant.
(4) Notarized
			 signature of owner, partner or officer of the applicant.
(5) Proof of liability insurance of at least
			 the minimum amounts set forth in Section
			 40-10-270
			 of the South Carolina Code of Laws and purchased from an insurer authorized to
			 do business in this State by the South Carolina Department of
			 Insurance.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-80 - Certificate Holder; Grandfathered Qualifier

Current through Register Vol. 48, No. 6, June 28, 2024
(A) In no case is a certificate holder or
			 grandfathered qualifier allowed to act as a qualifying representative for more
			 than one fire protection sprinkler contractor at one time.
(B) If a certificate holder leaves the
			 employment of the fire protection sprinkler contractor, he must notify the
			 Board within thirty days. The certificate holder is not eligible to qualify
			 more than one other fire protection sprinkler contractor for a period of twelve
			 months. The fire protection sprinkler contractor has six months to submit a new
			 application and fee on another certificate holder who must be a full-time
			 owner, partner, or officer of in a fulltime managing position of the applicant.
			 Failure to apply for a new license within the six-month period will result in
			 the revocation of the license of the fire protection sprinkler
			 contractor.
(C) Failure of the fire
			 protection sprinkler contractor or the certificate holder or qualifying
			 representative to notify the Board within thirty days after termination of
			 employment by the fire protection sprinkler contractor is grounds for
			 revocation of the license of the fire protection sprinkler
			 contractor.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-85 - Transfer of Qualifications

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
(1) A certificate holder may transfer his
			 NICET III qualifications from one licensed fire protection sprinkler contractor
			 by completing an affidavit form showing his new employer and returning his
			 certification card to the South Carolina Licensing Board for Contractors. A new
			 card will be issued with the original expiration date and the certificate
			 holder's name will be added to the license certificate of the new employer.
			 There is no charge to transfer qualifications from one licensed fire protection
			 sprinkler contractor to another licensed fire protection sprinkler
			 contractor.
(2) A certificate
			 holder may transfer his NICET III qualifications from a licensed fire
			 protection sprinkler contractor to an unlicensed fire protection contractor who
			 is applying for a South Carolina sprinkler contractor's license by completing
			 an application as outlined in Section
			 29-75(A).
			 The applicant for the sprinkler contractor's license must pay the original
			 license fee of $250.00. There is no additional charge to the certificate
			 holder.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-90 - Renewals

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
(1) Fire sprinkler contractors' licenses
			 expire on July 31 biennially of each even year.
(2) Licenses not renewed by July 31 of each
			 even year will be expired and can be renewed by completing a renewal
			 application and paying the applicable renewal license fee together with the
			 late renewal fee as set out in SC Code Ann. Section
			 40-10-50(F).
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-95 - Contract Bids, Awards

Current through Register Vol. 48, No. 6, June 28, 2024
(A) This chapter
			 applies to any fire protection sprinkler work to be performed for a
			 municipality, county or the State. Officials of any municipality, county or the
			 State accepting bids for the planning, sale, installation, repair, alteration,
			 addition or inspection of a fire protection sprinkler system, water spray or
			 water foam system must determine compliance with this chapter before a bid is
			 opened or considered. A fire sprinkler contractor submitting a bid directly to
			 the State as a prime bidder must include their South Carolina Fire Sprinkler
			 number.
(B) Officials of any
			 municipality, county or the State are required to determine compliance with
			 this chapter before awarding any contracts for the planning, sale,
			 installation, repair, alteration, addition or inspection of a fire protection
			 sprinkler system, water spray or water foam system.
(C) Private awarding entities are required to
			 determine compliance with this chapter before awarding any contracts for the
			 planning, sale, installation, repair, alteration, addition or inspection of a
			 fire protection sprinkler system, water spray or water foam systems.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-100 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The provisions
			 of this chapter do not apply to licensed mechanical contractors performing
			 emergency repair work on existing fire protection sprinkler systems or existing
			 water foam systems where the labor cost of the work does not exceed one
			 thousand dollars, or to persons engaged in the repair, alteration, maintenance,
			 or inspection of a fire protection sprinkler system or water spray system or
			 water foam system on their own property or that of their normal
			 employer.
(B) Plumbing contractors
			 holding a group 2 or 3 plumbing classification, are not required to be licensed
			 under this chapter to install standpipe systems, including hose connections,
			 hose cabinets and related branch lines, provided that they do not supply
			 automatic fire protection sprinklers.
(C) A utility contractor holding a group 2 or
			 3 utility contractor license with a water line classification is not required
			 to be licensed under this chapter to install underground water mains, hydrant
			 mains, and fire hydrants to the point of the connection to the underground fire
			 protection sprinkler system mains.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-105 - Plan Review Fees

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Division
			 of State Fire Marshal may charge a fee of one cent a square foot for sprinkler
			 plan and specification review or twenty five dollars a hose station on
			 standpipe risers for wet or dry standpipe plan and specification
			 review.
(B) Payment of all fees due
			 the Division of State Fire Marshal shall be made no later than forty-five
			 calendar days after the date of the initial billing or shall be considered
			 delinquent.
(C) Delinquent fees not
			 paid after forty-five calendar days, but paid on or before ninety calendar days
			 after the initial billing date, shall be increased by an amount equal to ten
			 percent of the initial bill but not less than ten dollars.
(D) Delinquent fees not paid after ninety
			 calendar days of the date of the initial billing shall be increased by an
			 additional amount equal to thirty percent of the initial bill, but not fewer
			 than thirty dollars.
(E) Nonpayment
			 of delinquent fees after ninety calendar days from the initial billing date
			 shall be grounds for revocation of the license of the fire protection sprinkler
			 systems contractor's license under provisions contained in Section
			 29-110 of
			 the regulations.
South Carolina Code of Regulations › Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS › Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT › Section 29-110 - Violations, Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
			 Violations
(1) Whenever the Board has reason
			 to believe that any person is or has been violating any provisions of this
			 chapter this Board may prefer charges listing the violation(s) and schedule a
			 hearing to address the charges.
(2)
			 If, after the hearing, the charges are found to be proven, the Board may issue
			 an order requiring the person to cease and desist from any further unlawful
			 action and to take such affirmative action as in the judgment of the Board will
			 carry out the purpose of the Fire Protection Sprinkler Systems Act.
(3) If a violation is found, where in the
			 Board's judgment, the public interest could be irreparably harmed by delay
			 caused by a hearing, the Board may issue a temporary cease and desist order,
			 with a provision therein for a prompt hearing upon request, to determine if the
			 order should be made permanent.
Prior to the issuance of a temporary cease and desist order,
				notice will be given whenever possible by telephone or otherwise, to the
				accused of the proposed order.
(4) Those accused of violating any provisions
			 of this chapter who are found guilty at a hearing or enter a plea of guilty in
			 lieu of a hearing, or fail to request a hearing following service of a
			 temporary cease and desist order, may be fined an amount not to exceed $250.00
			 for each day the violation exists.
(5) A violation is considered to be any of
			 the following:
(a) Noncompliance with any of
			 the statutes and regulations of the Fire Protection Sprinkler Systems
			 Act.
(b) Actively engaging in the
			 planning, sale, installation, repair, alteration, addition, or inspection of a
			 fire protection sprinkler system, water spray or water foam system without a
			 valid sprinkler contractor's license.
(c) Performing work in the planning,
			 installation, repair, alteration, addition or inspection of a fire protection
			 sprinkler system, water spray or water foam system that is not in compliance
			 with the publications listed in Section
			 40-10-240
			 of the Fire Protection Sprinkler Systems Act as determined by the office of the
			 State Fire Marshal.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-1 - Statement of Policy

Current through Register Vol. 48, No. 6, June 28, 2024
A. South Carolina Coastal Zone Management Act.
(1) The South Carolina Coastal Zone Management Act was passed by the 1977 General Assembly of South Carolina to provide for the protection and enhancement of the State's coastal resources. This legislation creates the South Carolina Coastal Council which is given the task of promoting the economic and social welfare of the citizens of this State while protecting the sensitive and fragile areas in the coastal counties and promoting sound development of coastal resources. The South Carolina Coastal Zone Management Act was amended by Act 181 of 1993 which merged South Carolina Coastal Council with the South Carolina Department of Health and Environmental Control. South Carolina Coastal Council became the Office of Ocean and Coastal Resource Management (OCRM).
(2) Through the efforts of an overall coastal zone management program and permitting process, the Department seeks to guide the wise preservation and utilization of coastal resources. These rules and regulations are intended to:
(a) aid developers and others in taking advantage of state-of-the-art techniques in developing projects compatible with the natural environment;
(b) insure consistent permit evaluations by the Department; and
(c) serve as a stimulus for implementation of better and more consistent management efforts for the coastal zone.
(3) These regulations are the Department statements of general public applicability that implement and prescribe policy and practice requirements of the Department. They are to be read as part of, and to be construed with, the policies set forth in the South Carolina Coastal Management Program.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-3 - Public Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
Section
			 48-39-140(C)
			  directs the Department to hold public
			 hearings on permit applications if it is deemed necessary. Section
			 48-39-150(B)
			  requires the Department to convene a public
			 hearing before acting on an application if twenty or more citizens or residents
			 of the affected county or counties request such a hearing. Each request must be
			 in writing and on a separate sheet of paper and be received within thirty days
			 after publication of a Public Notice of the permit application (15 days for a
			 minor activity). In all cases, the public hearing shall be held in the county
			 where the land is located, and if in more than one county, the Department shall
			 determine in which county to hold the hearing or may hold hearings in more than
			 one county. When applicable and practical, joint public hearings will be held
			 with the United States Army Corps of Engineers and/or other
			 agencies.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-4 - Decisions on a Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permit Approval:
(1) The Department is allowed, under, Section
		  48-39-150(B)
		  to issue a conditional permit approval. Under this provision, the Department
		  may direct the applicant to amend his proposal to take specific measures
		  necessary to protect the public interest. The Department, at its discretion,
		  may seek additional public comment on major modifications to a permit
		  application.
(2) If the Department
		  has approved an application, Section
		  48-39-150(B)
		  also allows the Department, at its discretion, to support the applicant in a
		  Federal permitting process for the same activity.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-6 - Appeals of Permit Decisions

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
		  Department decision involving the issuance, denial, suspension, or revocation
		  of a permit or certification may be appealed by an affected person with
		  standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1;
		  Title 1, Chapter 23; and Title 48, Chapter 39.
B. Public Notice: At the same time as the
		  Department sends the Agency Information Sheet to the Administrative Law Court,
		  the Department shall notify in writing all interested persons that have
		  submitted written comments. This notice shall, to the extent that the
		  information is available, indicate the names of all parties including the
		  agency, the petitioner(s) and the permittee(s); the initial action of the
		  agency; and the nature and extent of the contested case.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-8 - Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permit Revocation Process: All permits
		  issued by the Department are revocable licenses. Section
		  48-39-50(H)
		   provides that the Department can revoke or
		  suspend permits of persons "who fail or refuse to carry out or comply with the
		  terms or conditions of the permit." Additionally, the Department is charged
		  with the responsibility in Section
		  48-39-50(M)
		  to implement the state policies and in Section
		  48-39-50(O)
		  to exercise all incidental powers necessary to carry out the provisions of this
		  chapter. The Department has the right to revoke any permits where materially
		  erroneous or fraudulent information has been provided by either the permit
		  applicant, or resource agencies charged with the responsibility of providing
		  background information for the permitting process. The Department may also
		  revoke any permit where the permittee is violating the terms and/or conditions
		  of the permit, has changed the use of the structure so as to violate the
		  policies or rules and regulations promulgated under the Act, and for
		  inappropriate violations of law. If a determination is made by the Department
		  that there are sufficient grounds for revocation of the permit, the Department
		  shall follow the following procedure:
(1) The
		  permittee shall be notified by the Department of the grounds for revocation of
		  the permit by certified letter or personal service.
(2) The permittee must respond in writing to
		  the written allegations of the Department within 20 days of receipt of the
		  Notice of Intent to Revoke. Failure to timely respond shall result in a Default
		  Order being issued by the Department. In the event that the permittee agrees
		  that there are grounds for revocation then the Department shall have the
		  authority to issue an order revoking the permit, and take such other action as
		  may be made legally authorized pursuant to the Act.
(3) Pending resolution of revocation action,
		  the Department may suspend work on, and/or use of, the affected
		  project.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-9 - Other Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Savings Clause:
		  If any provisions of the Act or of these Rules and Regulations are adjudged
		  invalid or unconstitutional, the remainder of the Act and these Rules and
		  Regulations and/or the application of their provisions to other persons or
		  circumstances shall not be affected thereby.
B. Bonding by the Department: To insure that
		  the holder complies with all limitations and conditions of the permit, the
		  Department may, at its discretion, require a secured bond before issuance of
		  the permit. The Department may also require the applicant to submit proof of
		  financial responsibility.
C.
		  Transfer of Permits: Permits are issued in the name of the applicant and may
		  not be assigned to another without written permission of the
		  Department.
D. Declaratory Rulings:
		  Interested persons may petition to the Department for declaratory rulings. The
		  Department shall rule on each petition, in writing, within 45 days of
		  receipt.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-10 - Critical Area Boundaries

Current through Register Vol. 48, No. 6, June 28, 2024
A. Coastal Waters
		  and Tidelands:
(1) The Department has permit
		  authority over the coastal waters and tidelands critical areas defined in
		  Section
		  48-39-10
		  as follows:
(a) "Coastal waters" means the
		  navigable waters of the United States subject to the ebb and flood of the tide
		  and which are saline waters, shoreward to their mean high-water mark. Provided,
		  however, that the Department may designate boundaries which approximate the
		  mean extent of saline waters until such time as the mean extent of saline
		  waters can be determined scientifically.
(b) "Tidelands" means all areas which are at
		  or below mean high tide and coastal wetlands, mudflats, and similar areas that
		  are contiguous or adjacent to coastal waters and are an integral part of the
		  estuarine systems involved. Coastal wetlands include marshes, mudflats, and
		  shallows and means those areas periodically inundated by saline waters whether
		  or not the saline waters reach the area naturally or through artificial water
		  courses and those areas that are normally characterized by the prevalence of
		  saline water vegetation capable of growth and reproduction. Provided, however,
		  nothing in this definition shall apply to wetland areas that are not an
		  integral part of an estuarine system. Further, until such time as the exact
		  geographic extent of this definition can be scientifically determined, the
		  Department shall have the authority to designate its approximate geographic
		  extent.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-11 - General Guidelines for All Critical Areas

Current through Register Vol. 48, No. 6, June 28, 2024
A. Preface: The critical areas are of vital importance to the State, and there is strong and growing pressure for the development of these areas. The Department has established these rules and regulations for permit applications in an effort to reduce the irreversible loss of productive tidelands, coastal waters, beaches, and dunes while meeting long-range State development needs.
B. General Considerations: In assessing the potential impacts of projects in critical areas, the Department will be guided by the policy statements in Sections 48-39-20 and 48-39-30 and the following ten considerations in Section 48-39-150:
(1) The extent to which the activity requires a waterfront location or is economically enhanced by its proximity to the water;
(2) The extent to which the activity would harmfully obstruct the natural flow of navigable water. If the proposed project is in one or more of the State's harbors, or in a waterway used for commercial navigation and shipping, or in an area set aside for port development in an approved management plan, then a certificate from the South Carolina State Ports Authority declaring that the proposed project or activity would not unreasonably interfere with commercial navigation and shipping must be obtained by the Department prior to issuing a permit;
(3) The extent to which the applicant's completed project would affect the production of fish, shrimp, oysters, crabs, or clams or any marine life or wildlife, or other natural resources in a particular area, including but not limited to water and oxygen supply;
(4) The extent to which the activity could cause erosion, shoaling of channels or creation of stagnant water;
(5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches, or other recreational coastal resources;
(6) The extent to which the development could affect the habitats for rare and endangered species of wildlife or irreplaceable historic and archeological sites of South Carolina's coastal zone;
(7) The extent of the economic benefits as compared with the benefits from preservation of an area in its unaltered state;
(8) The extent of any adverse environmental impact which cannot be avoided by reasonable safeguards;
(9) The extent to which all feasible safeguards are taken to avoid adverse environmental impact resulting from a project;
(10) The extent to which the proposed use could affect the value and enjoyment of adjacent owners.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-13 - Specific Project Standards for Beaches and the Beach/Dune System

Current through Register Vol. 48, No. 6, June 28, 2024
A. Normal Maintenance and Repair of Habitable Structures: Normal maintenance and repair of habitable structures is allowed without notice to the Department. See R.30-5(A)(10) and R.30-1(D)(33).
B. Construction of New Habitable Structures: If any part of a new habitable structure is constructed within the beaches and/or beach/dune system critical areas, the owner shall certify to the Department that construction meets the following requirements:
(1) The structure is located as far landward on the property as practicable.
(2) That portion(s) of the habitable structure seaward of the setback line is no larger than five thousand (5,000) square feet of heated space.
(3) A drawing has been submitted to the Department showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which affect the property.
(4) No erosion control structure or device is incorporated as an integral part of the habitable structure pursuant to S.C. Code Section 48-39-290.
(5) No part of the building is being constructed on the primary oceanfront sand dune or on the active beach. The Department may grant a special permit to construct a habitable structure seaward of the baseline pursuant to R.30-15.
(6) When required, all mitigation meets the standards of the Mitigation Policy adopted as part of the State Beachfront Management Plan.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-14 - Administrative Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Procedures for
		  Local Beach Management Plan Approval and Amendments [Section
		  48-39-350(A)
		  ].
(1) South Carolina local governments with
		  jurisdiction fronting the Atlantic Ocean shall submit to the Department by no
		  later than July 1, 1990, a local beach management plan after the local
		  government has afforded the opportunity for adequate public review.
(2) Upon receipt of the local plan, the
		  Department shall:
(a) Afford the public a
		  thirty day comment period;
(b)
		  Afford the opportunity for a public hearing on the local beachfront management
		  plan;
(c) After considering all
		  comments, approve, modify or remand the local beachfront management
		  plan.
(3) The Department
		  shall issue a public notice of the approval of any local beach management plan
		  or amendment thereto. The implementation date of the local beach management
		  plan or amendment thereto will be specified in such public notice.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-15 - Activities Allowed Seaward of Baseline

Current through Register Vol. 48, No. 6, June 28, 2024
A. Wooden Walkways: Wooden walkways no larger in width than six feet are the only structures allowed seaward of the baseline that do not require a SCDHEC-OCRM permit. See R.30-13(O)(1).
B. Small Wooden Decks: Wooden decks seaward of the baseline require a SCDHEC-OCRM permit. These decks should be no larger than one hundred and forty-four square feet. See R.30-13(H)(2).
C. Fishing Piers:
(1) New fishing piers require a SCDHEC-OCRM permit and must be open to the public. See R.30-13(R).
(2) Those fishing piers with their associated structures including, but not limited to, bait shops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date may be rebuilt and used for the same purposes if they are constructed to the same dimensions. A SCDHEC-OCRM permit is required.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-16 - Documentation Requirements Before Commencing Activities Between Setback Line and Baseline

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notification
		  Procedure:
(1) Activities requiring written
		  notification to and written response from the Department:
(a) Construction of new habitable structures
		  at least partially seaward of the forty year setback line.
(b) Additions to habitable
		  structures.
(c) Replacement of
		  habitable structures.
(d)
		  Construction of new pools between the baseline and the setback line and
		  landward of an erosion control device which existed June 25, 1990.
(e) Replacement of pools.
South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-17 - Application Procedures for General Permits Pursuant to Section 48-39-290(B)(4)

Current through Register Vol. 48, No. 6, June 28, 2024
A: General Guidelines: Applicants for general permits shall be
			 required to submit the following information:
(1) Completed SCDHEC-OCRM general permit
		  application form.
(2) Proof that
		  the adjacent property owners and the local governmental body having
		  jurisdiction over the site have been notified of the proposed activity by
		  certified mail through the use of the following notification:
(Applicant) has applied to the Department for a General Permit to
			 (description of activity) at (address or legal description of property) in
			 (city and county). Comments on this application should be mailed to the
			 Department at the following address: (insert local OCRM office address), by
			 (insert date, fifteen days after date of certified mailing).
(3) The applicant must furnish the certified
		  mail stubs to the Department at the time of mailing. The General Permit cannot
		  be issued until the fifteen day comment period has expired.
(4) Proof of publication that the above
		  public notice was placed in a newspaper published in the county where the
		  proposed activity is taking place must be forwarded to the Department office
		  processing the application. General Permits cannot be issued until the fifteen
		  day comment period as advertised in the newspaper has expired.
(5) A brief description of the proposed work,
		  its purpose and intended use. A drawing or plat may be required as well as a
		  description of the method of construction, and identification of materials and
		  equipment to be used.
(6)
		  Information on activities eligible for General Permits may be obtained from the
		  Department.