(A) All residential builders must be licensed, and all residential specialty contractors must be registered, by the commission for a period established by the commission in regulation. Licensees and registrants must pay an annual fee established by the department and based upon the department's costs in carrying out the provisions of this chapter.
(B) An applicant for a license or certificate shall file with the commission a written application on a form as may be prescribed by the commission. The application must be accompanied by the payment of all applicable fees required by the commission. A prerequisite for taking the examination for a residential builder's license is a minimum of one year of actual experience under the supervision of a licensed residential builder, or other appropriately licensed professional who is engaged in residential building construction involving the trades or crafts for which the license is desired, or other education or experience or a combination of these as may be approved by the commission. The commission, in examining an applicant, may consider the following qualifications of the applicant:
(1) experience;
(2) ability;
(3) character;
(4) financial condition;
(5) equipment;
(6) workers' compensation insurance; and
(7) other pertinent information the commission may require.
(C) The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars or proof of financial responsibility acceptable to the commission.
(D) The commission shall issue a residential specialty contractor's license for which the applicant is qualified if, as a result of examination, the commission finds that the applicant is qualified to engage in residential specialty contracting in South Carolina. When the cost of an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor must obtain an executed bond with a surety in an amount approved by the commission.
(E) An applicant who fails the examination must be given the opportunity to be reexamined after payment of an additional examination fee; however, if the applicant fails the examination three times, the applicant shall wait twelve months before being examined again. A record must be made and preserved by the commission of each examination of an applicant and the findings of the commission pertaining to the examination. A certified copy of the record must be furnished to an applicant requesting the record upon the payment of a fee to the commission that reasonably reflects the cost of furnishing the record to the applicant.
(F) A license may be granted by the commission without examination to those applicants who are licensed in good standing in other states which are determined by the commission to have comparable examinations.
HISTORY: 2002 Act No. 359, Section 1; 2004 Act No. 289, Section 3.
Editor's Note
Prior Laws:1962 Code Section 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, Section 6; 1993 Act No. 72, Section 1; 1976 Code Section 40-59-70.
Structure 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 40-59-60. 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 40-59-115. Jurisdiction over actions of licensees and former licensees.
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 40-59-180. Collection and enforcement.
Section 40-59-190. Confidentiality.
Section 40-59-210. Cease and desist orders; penalties; injunction.
Section 40-59-230. Renewal; continuing education; notification of change of circumstances.
Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.
Section 40-59-290. Severability.
Section 40-59-400. Definitions.
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.