South Carolina General Assembly
105th Session, 1983-1984

Bill 209

                    Current Status

Bill Number:               209
Ratification Number:       165
Act Number                 93
Introducing Body:          Senate
Subject:                   Exemptions of general contractors from
                           the provisions of the Residential
           Home Builders Chapter
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A93, R165, S209)

AN ACT TO AMEND SECTION 40-59-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF GENERAL CONTRACTORS FROM THE PROVISIONS OF THE RESIDENTIAL HOME BUILDERS CHAPTER, SO AS TO PROVIDE THAT THE RESIDENTIAL HOME BUILDERS COMMISSION IS THE SOLE LICENSING BOARD FOR RESIDENTIAL HOME BUILDERS; AND TO AMEND THE CODE BY ADDING SECTION 40-59-160, SO AS TO PROVIDE DUTIES FOR THE BUILDING OFFICIAL, OR OTHER AUTHORITY CHARGED WITH THE DUTY OF ISSUING BUILDING OR SIMILAR PERMITS, REGARDING APPLICANTS CLASSIFIED AS RESIDENTIAL HOME BUILDERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Applicability of chapter

SECTION 1. Section 40-59-140 of the 1976 Code is amended to read:

"Section 40-59-140. The provisions of this chapter do not apply to any person licensed as a general contractor under the provisions of Chapter 11 of Title 40 for the purpose of undertaking the construction or superintending of construction of any building or the improvement or reimprovement or repair of any building. No residential home builder who is licensed pursuant to the provisions of this chapter is also required to be licensed as a general contractor under the provisions of Chapter 11 of Title 40 in order to engage in residential home building as defined in Section 40-59-10. The Residential Home Builders Commission is the sole licensing board for persons who engage in home building only as defined in Section 40-59-10."

Issuance of permits

SECTION 2. The 1976 Code is amended by adding:

"Section 40-59-160. It is the duty of the building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county, to refuse to issue a permit for any undertaking which would classify the applicant as a residential home builder under the provisions of this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from the requirements of this chapter. It is also the duty of the building official, or other authority charged with the duty of issuing building or similar permits, to report to the State Licensing Board the name and address of any person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a residential home builder under the provisions of this chapter."

Commission reauthorized

SECTION 3. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the South Carolina Residential Home Builders Commission is reauthorized for six years.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.