South Carolina Code of Laws
Chapter 59 - Residential Home Builders
Section 40-59-10. South Carolina Residential Builders Commission; membership; oath.

(A) There is created the South Carolina Residential Builders Commission which must be composed of eight persons who have been residents of the State for at least five years and two of whom must be consumers not engaged in the business of residential building, four of whom have been actively engaged in residential building for a period of at least five years before the date of their appointment, and who must be recommended to the Governor by the South Carolina Home Builders Association, and one of whom has been actively engaged in residential specialty contracting for a period of at least five years before the date of appointment. One member must be appointed from each congressional district, and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. A vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the manner of the original appointment. The Governor may remove any member of the commission in accordance with Section 1-3-240.
(B) Before entering upon the discharge of the duties of his office, each member of the commission shall take and file with the Secretary of State, in writing, an oath to perform properly the duties of his office as a member of the commission and to uphold the Constitution of this State and the United States.
(C) Commission members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1- 45.
HISTORY: 2002 Act No. 359, Section 1; 2012 Act No. 279, Section 11, eff June 26, 2012.

Editor's Note
Prior Laws:1962 Code Section 56-1545.31; 1974 (58) 1949; 1990 Act No. 595, Section 3; 1976 Code Section 40-59-20.
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment in subsection (A), substituted "eight persons" for "seven persons", and made other nonsubstantive changes.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 59 - Residential Home Builders

Section 40-59-5. Application of Chapter 1; conflicts.

Section 40-59-10. South Carolina Residential Builders Commission; membership; oath.

Section 40-59-20. Definitions.

Section 40-59-25. Roofing contract cancellation for insurance coverage denial.

Section 40-59-30. License requirement; enforcement of contracts; restraining orders.

Section 40-59-50. Compensation of members; chairman; bylaws and seal; administrator and staff; meetings; roster of licensees.

Section 40-59-60. Additional commission operations.

Section 40-59-70. Promulgation of regulations.

Section 40-59-80. Investigation of complaints; initial complaints.

Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.

Section 40-59-100. Cease and desist order; temporary restraining order.

Section 40-59-105. Administrative citations and penalties; appeal.

Section 40-59-110. Revocation, suspension, or restriction of license; misconduct; determination of compliance with applicable professional standards.

Section 40-59-115. Jurisdiction over actions of licensees and former licensees.

Section 40-59-120. Fines.

Section 40-59-130. Grounds for denial of license.

Section 40-59-140. Prior criminal record.

Section 40-59-150. Voluntary surrender of license.

Section 40-59-160. Appeal.

Section 40-59-170. Costs.

Section 40-59-180. Collection and enforcement.

Section 40-59-190. Confidentiality.

Section 40-59-200. Penalties.

Section 40-59-210. Cease and desist orders; penalties; injunction.

Section 40-59-220. Licenses and certificates of registration; application; qualifications; bonds; examinations; reciprocity.

Section 40-59-230. Renewal; continuing education; notification of change of circumstances.

Section 40-59-240. Residential specialty contractors; classification; examination; county and municipal business license ordinances; bonds.

Section 40-59-250. Credit report; factors indicating reputation for timely performance; outstanding judgments.

Section 40-59-260. Exception for projects by property owner for personal use; exemption disclosure statement; notice filed with register of deeds.

Section 40-59-265. Exemptions of certain improvements from building permit requirements; owner exempt from licensure.

Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.

Section 40-59-280. Proof of licensure as condition of issuance of local building permit; reports of violations.

Section 40-59-290. Severability.

Section 40-59-300. Construction of low-income housing using volunteer labor by 501(c)(3) eleemosynary organization without presence of "qualifier".

Section 40-59-400. Definitions.

Section 40-59-410. Residential business certificate of authorization as requirement for firm to engage in residential home building, residential specialty contracting, and home inspecting.

Section 40-59-500. Definitions.

Section 40-59-510. Administration; roster of licensed home inspectors.

Section 40-59-520. Licensing requirement; licensing of business entity.

Section 40-59-530. Exceptions.

Section 40-59-540. Application; examination; regulations establishing minimum standards.

Section 40-59-550. Display of license; address changes; renewal; inactive status.

Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.

Section 40-59-570. "Advertisement" defined.

Section 40-59-580. Denial, suspension, or revocation; civil penalties; hearing; appeal.

Section 40-59-590. Restrictions; appraisals and real estate activities.

Section 40-59-600. Penalties; actions to enforce contract; injunction.

Section 40-59-610. Regulations.

Section 40-59-620. Applicability of building code in effect at time of construction.

Section 40-59-810. Short Title.

Section 40-59-820. Definitions.

Section 40-59-830. Stay of action until compliance with article.

Section 40-59-840. Notice of claim; timing; contents; request for clarification.

Section 40-59-850. Contractor's election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor's offer; admissibility.

Section 40-59-860. Claims for personal injury or death; designation for stay on Civil Action Cover Sheet.