H 3343 Session 110 (1993-1994)
H 3343 General Bill, By Trotter
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 81
to Title 40 so as to enact the "South Carolina Landscape Irrigation Contractor
Certification Act", and provide for related and incidental matters, including
provisions for a misdemeanor offense and certain penalties.
02/02/93 House Introduced and read first time HJ-13
02/02/93 House Referred to Committee on Labor, Commerce and
Industry HJ-13
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO ENACT THE
"SOUTH CAROLINA LANDSCAPE IRRIGATION
CONTRACTOR CERTIFICATION ACT", AND PROVIDE FOR
RELATED AND INCIDENTAL MATTERS, INCLUDING
PROVISIONS FOR A MISDEMEANOR OFFENSE AND CERTAIN
PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 81
Landscape Irrigation Contractors
Section 40-81-10. This chapter may be cited as the `South Carolina
Landscape Irrigation Contractor Certification Act'.
Section 40-81-20. As used in this chapter:
(a) `Board' means the South Carolina Land Resources Conservation
Commission.
(b) `Council' means the Landscape Irrigation Contractors Advisory
Council, which consists of five qualified professional landscape
irrigation contractors appointed by the board to serve as provided in this
chapter.
(c) `Landscape irrigation contracting' means the design,
construction, repair, maintenance, improvement, or alteration of any
portion of a landscape irrigation system, including required wiring
within that system and connection to the required power supply and the
installation and connection to a public water supply system or any
suitable source under the terms and conditions of a contract.
(d) `Landscape irrigation contractor' means a person who is certified
to engage in landscape irrigation contracting.
(e) `Certificate' means the `Landscape Irrigation Contractor
Certificate' issued by the board pursuant to the provisions of this chapter.
(f) `Landscape irrigation system' means any assemblage of
components, materials, or special equipment which is designed,
constructed, and installed for controlled dispersion of water from any
safe and suitable source, including properly treated wastewater, for the
purpose of irrigating landscape vegetation or the control of dust and
erosion on landscaped areas, including integral pumping systems or
integral control systems for manual, semi-automatic, or automatic
control of the operation of these systems. If a `landscape irrigation
system' is connected to a potable water supply, the landscape irrigation
contractor shall install a proper backflow prevention device.
Section 40-81-30. No person shall engage in the business of
landscape irrigation contracting without securing from the board a
landscape irrigation contractor certificate, in accordance with the
provisions of this chapter, except:
(a) property owners performing work on their own property or using
their own regular employees;
(b) vendors of landscape irrigation components, materials, or
equipment who perform only such functions as delivery of equipment or
supplies, or rendering of advice or assistance concerning installation, or
provide normal warranty service or exchange of defective or damaged
goods;
(c) contractors engaged in the design, fabrication, installation, or
construction of irrigation apparatus or irrigation equipment of any type
which is to be used solely for agricultural purposes; and
(d) persons engaged in landscape irrigation contracting solely as an
employee of a landscape irrigation contractor.
All persons under the above exceptions are exempt from the
requirement of the certificate imposed by this chapter.
Nothing in this chapter shall be construed to prevent individuals
licensed or certified in this State under any other law from engaging in
the profession for which they are licensed or certified.
Section 40-81-40. The board shall serve as the board of certification
for landscape irrigation contractors and shall administer the provisions
of this chapter. The board is responsible for administering this chapter,
developing regulations governing the implementation of this chapter,
certifying landscape irrigation contractors, and providing the personnel
necessary to the council for the implementation of its duties. In
addition, the board shall:
(a) give adequate written notice of the times and locations of
examinations for certification of landscape irrigation contractors;
(b) notify applicants of examination results within thirty days of the
receipt of the results;
(c) issue and renew certificates pursuant to this chapter, as
appropriate;
(d) suspend or revoke certificates issued under this chapter pursuant
to the provisions of this chapter;
(e) maintain a registry of landscape irrigation contractor certificates
which shall record the name and address of the contractor, the date the
certificate was issued, expiration date of the certificate, and the number
of the certificate;
(f) promulgate and amend regulations to implement the provisions
of this chapter and adopt and amend bylaws and rules of procedure to
administer and implement the provisions of this chapter;
(g) adopt minimum standards for a landscape irrigation system and
for landscape irrigation contracting;
(h) not adopt any standard or rule that requires or prohibits the use
of any irrigation system, component part, or equipment of any particular
brand or manufacturer;
(i) annually adopt fees for the examinations, application, and
renewal of a certificate. These fees shall be prescribed or modified to
the extent necessary to defray the expenses incurred by the board and the
council in the performance of their duties but shall not be fixed at a level
that will raise amounts in excess of the amount estimated to be so
required;
(j) prescribe reasonable fees in an amount sufficient to pay for the
costs of administering the provisions of this chapter in the following
categories:
(1) examination fee;
(2) reciprocity fee;
(3) annual renewal fee;
(4) duplicate certificate fee;
(5) reinstatement fee.
All funds derived under the provisions of this chapter shall be
remitted to the State Treasurer as collected. Annual appropriations shall
be requested by the board and may be expended as directed by the board
upon requisitions directed to the Comptroller General, who shall, after
being satisfied of the propriety of payment, issue a warrant for payment
to the State Treasurer.
Section 40-81-50. There is created the Landscape Irrigation
Contractors Advisory Council. It is composed of five members who are
certified landscape irrigation contractors and residents of South Carolina
appointed by the board for terms of four years and until their successors
are appointed and qualify. Terms of the members are limited to two
consecutive four-year terms.
Of the first council members appointed, three shall serve terms of four
years and two shall serve terms of two years. Thereafter, all new
appointments and reappointments shall be for four years.
The council members shall be professional landscape irrigation
contractors actively engaged in the practice of landscape irrigation
contracting for at least five years and in responsible charge of landscape
irrigation contracting for at least three years at the time of appointment.
Vacancies in the membership of the council shall be filled for the
unexpired portion of the term in the manner of the original
appointments.
Each member of the council shall receive the usual per diem, mileage,
and subsistence as provided by law for members of state boards,
commissions, and committees for days on which they are transacting
official business, to be paid from general appropriations of the board.
Section 40-81-60. Under the direction of the board, the council
shall:
(a) develop examination standards to evaluate the knowledge,
ability, and fitness of applicants for certification as landscape irrigation
contractors;
(b) review the qualifications of an applicant for certification as a
landscape irrigation contractor;
(c) administer examinations for certification at times and locations
approved by the board;
(d) evaluate the examinations of all applicants for certification and
recommend the certification of the applicants who pass the examinations
to the board;
(e) develop and recommend to the board regulations to implement
the provisions of this chapter;
(f) specify minimum acceptable standards for a landscape irrigation
system that include water conservation, irrigation system design and
installation, and conformance with municipal codes by a certified
landscape irrigation contractor; and
(g) assist in other functions specifically delegated to the council by
the board.
An applicant who fails an examination may not retake the
examination sooner than six months after the initial examination.
Section 40-81-70. The council shall hold at least two regular
meetings each year. Special meetings may be held as the bylaws of the
council provide. The council shall elect annually a chairman, a vice-chairman, and a secretary. A quorum of the council shall consist of
three members.
Section 40-81-80. The Attorney General or his designee shall advise
the board and council and render such legal assistance as may be
necessary in carrying out the provisions of this chapter.
Section 40-81-90. After the expiration of one year from the effective
date of this chapter, any person who, without possessing a valid,
unrevoked certificate as provided in the chapter, uses the title or term
`landscape irrigation contractor' or installs a `landscape irrigation
system' shall be subject to the disciplinary provisions of Sections 40-81-140 and 40-81-150.
Section 40-81-100. A person seeking certification as a landscape
irrigation contractor shall apply therefor on forms prescribed by
regulation and provided by the board and shall pay the application fee
established by the board. In addition to any other information or
documents that may be required by the board, each applicant shall
submit satisfactory evidence that the applicant:
(a) is of good character;
(b) is a high school graduate or has education equivalent thereto;
(c) is at least twenty-one years of age;
(d) has a minimum of three years' experience in the field of
landscape irrigation; and
(e) has satisfactorily passed an examination administered by the
board.
In the case of applications for a certificate to practice landscape
irrigation contracting which are made within one year after the effective
date of this chapter, the board may waive the examination requirements
and accept in lieu thereof satisfactory evidence that the applicant is
professionally competent to practice landscape irrigation contracting as
long as the applicant shall have been in responsible charge of landscape
irrigation contracting for at least three years prior to submitting the
application.
Section 40-81-110. Each certificate issued pursuant to this chapter
shall expire on January thirty-first of the calendar year following
issuance.
At least thirty days prior to the certificate expiration date, the board
shall send a renewal notice to the person's last known address according
to the records of the board.
A person may seek renewal of a certificate upon submission, prior to
the January thirty-first expiration date, of a renewal application and the
renewal fee established by the board.
If a renewal application and fee are not received by the board, the
certificate shall expire. If a certificate has been expired ninety days or
less, the person may renew the certificate by paying the required renewal
fee and late penalty. If the certificate has been expired for longer than
ninety days, the person may not renew the certificate. The person may
obtain a new certificate by submitting to reexamination and complying
with the requirements and procedures for obtaining an initial certificate.
Section 40-81-120. To qualify for certificate renewal as a landscape
irrigation contractor, the certificate holder must have completed a
minimum of eight contact hours of continuing education approved by
the board within the year immediately preceding certificate renewal.
Documentation of compliance with this section shall be by affidavit
provided on the application for certificate renewal. Erroneous or false
information attested to by the certificate holder constitutes grounds for
denial of certificate renewal and possible suspension of certificate or
denial of consideration for future certificate reinstatement, as may be
determined by the board.
Section 40-81-130. The board may refuse to admit a person to an
examination or may refuse to issue or renew or may suspend or revoke
any certificate issued by the board pursuant to this chapter upon proof
that the applicant or holder of the certificate:
(a) has obtained a certificate or authorization to sit for an
examination, as the case may be, through fraud, deception, or
misrepresentation;
(b) has engaged in the use or employment of dishonesty, fraud,
deception, misrepresentation, false promise, or false pretense;
(c) has engaged in gross negligence or gross incompetence;
(d) has engaged in repeated acts of negligence or incompetence;
(e) has engaged in occupational misconduct as may be determined
by the board;
(f) has been convicted of any crime involving moral turpitude or
any crime relating adversely to the activity regulated by the board. For
the purposes of this item, a plea of guilty or nolo contendere or any other
similar disposition of alleged criminal activity shall be deemed a
conviction;
(g) has had his authority to engage in the activity regulated by the
board revoked or suspended by any other state, agency, or authority for
reasons consistent with this section;
(h) has violated or failed to comply with the provisions of this
chapter; or
(i) is incapable, for medical or any other good cause, of discharging
the functions of a certificate holder in a manner consistent with the
public's health, safety, and welfare.
Section 40-81-140. A person who represents himself as a certified
landscape irrigation contractor, engages in the practice of landscape
irrigation contracting, or installs a landscape irrigation system in this
State without being certified under the provisions of this chapter, who
presents or attempts to use as his own the certificate of another person
who is a certified landscape irrigation contractor, or who gives false or
forged evidence of any kind to the board or to any member of the board
in obtaining or assisting in obtaining a certificate for another is guilty of
a misdemeanor.
Any person violating any provision of this chapter, including the
regulations promulgated thereunder, shall be liable for a civil penalty of
not more than two thousand five hundred dollars for the first violation
and not more than five thousand dollars for the second and each
subsequent violation. The board may bring an action for the collection
or enforcement of civil penalties or impose administrative fines for the
violation of any provision of this chapter or any regulation promulgated
thereunder.
Section 40-81-150. Whenever it appears to the board or council that
a violation of this chapter, including engaging in landscape irrigation
contracting without a certificate, has occurred, is occurring, or will
occur, the board may seek and obtain in a summary proceeding in the
circuit court an injunction prohibiting the act or practice. In this
proceeding the court may assess a civil penalty in accordance with the
provisions of this chapter and may enter those orders necessary to
prevent the performance of an unlawful practice in the future.
Section 40-81-160. The issuance of a certificate by the board
authorizes the certificate holder to perform landscape irrigation
contracting in accordance with local code requirements in any
municipality, county, or other political subdivision of the State, and no
further examination or special license shall be required of the certificate
holder, except business licenses, permit fees, and such other standard
licenses and fees as may be required of any person doing business within
the jurisdiction of the political subdivision.
Section 40-81-170. The board may waive any registration
requirement for an applicant who holds a valid landscape irrigation
contractor certificate or license issued by another state that has
registration requirements substantially equivalent to those of this State.
Section 40-81-180. Any person may file a complaint with the board.
The complaint must be in writing and must state the specific acts
complained of. The board, by regulation, shall establish a procedure for
reviewing complaints that insures the protection of the individual's right
to due process."
SECTION 2. This act takes effect upon approval by the Governor,
except that Section 40-81-30 shall remain inoperative for one year
following approval by the Governor.
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