(A)(1) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
(2) The board may refer charges under this section by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
(3) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.
(B)(1) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to accept a bid, award a bid, sign or award a contract, allow an unlicensed contractor to begin work or issue or obtain any type of construction permit unless the bidder or fire sprinkler contractor has first obtained the proper license or certification as required by this chapter.
(2) Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not licensed at the time the initial bid or contract was submitted or awarded.
(C) Contracts or written agreements for fire sprinkler system work within this State that have been accepted, approved, signed, or awarded by an awarding authority, owner, or contractor may not be reconsidered or submitted to an awarding authority, owner or contractor, if the entity that was awarded the project is not licensed at the time the contract or written agreement was submitted.
(D) An entity that is not licensed as required by this chapter must immediately withdraw his bid, offer, or contract and submit his resignation from the project. The entity may not benefit from a project in which the entity is in violation. The entity cannot submit another bid or perform work as a subcontractor to a licensed contractor on any project in which the entity has been in violation or obtain a license and go back on the same project in which he was in violation. If the contractor becomes licensed, the department may waive this requirement based upon the percentage of completion of the project or if it is determined to be detrimental to public interest.
HISTORY: 2005 Act No. 177, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 10 - Fire Protection Sprinkler Systems Act
Section 40-10-05. Application of Chapter 1; conflicts.
Section 40-10-10. Administration of act.
Section 40-10-20. Definitions.
Section 40-10-41. Licensing requirements.
Section 40-10-42. Renewal of license.
Section 40-10-44. Grandfathered primary qualifying parties.
Section 40-10-45. Prohibited activities.
Section 40-10-50. Fees; lapsed licenses; expiration date.
Section 40-10-60. Promulgation of rules and regulations.
Section 40-10-70. Powers and duties; complaints.
Section 40-10-80. Investigation of complaints.
Section 40-10-90. Presentation of results of investigation; conduct of hearing.
Section 40-10-100. Cease and desist orders; administrative penalties; appeals.
Section 40-10-120. Disciplinary actions in another state or federal jurisdiction.
Section 40-10-130. Basis for refusal to issue license.
Section 40-10-140. Denial of license on basis of prior criminal record.
Section 40-10-150. Voluntary surrender of license.
Section 40-10-165. Licensing of former licensee who left State with unpaid debts.
Section 40-10-170. Investigation and prosecution costs.
Section 40-10-180. Collection of costs and fees.
Section 40-10-190. Confidentiality.
Section 40-10-200. Unauthorized practice; penalty; violations of chapter.
Section 40-10-210. Injunctive relief.
Section 40-10-220. Actions to enforce contract.
Section 40-10-230. Contractors or persons to whom chapter not applicable.
Section 40-10-240. Building code compliance.
Section 40-10-260. Shop drawings; contents and review; certificates of occupancy.
Section 40-10-270. Comprehensive general liability insurance requirement.
Section 40-10-280. Local authority; determination of compliance with chapter.