South Carolina Code of Regulations Chapter 106 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION
South Carolina Code of Regulations, Chapter 106, is specifically dedicated to the Department of Labor, Licensing and Regulation - South Carolina Residential Builders Commission. This chapter outlines the regulations that govern the licensing, registration, and conduct of residential builders, residential specialty contractors, and home inspectors within the state.
Purpose and Scope of the South Carolina Residential Builders Commission:
The South Carolina Residential Builders Commission (SCRBC), operating under the Department of Labor, Licensing and Regulation (LLR), plays a crucial role in ensuring that residential construction and related services in South Carolina meet certain standards of quality, safety, and consumer protection. Its main responsibilities include:
Licensing and Registration: Establishing the requirements for and issuing licenses to residential builders, and registering various types of residential specialty contractors. This ensures that individuals and firms performing residential construction work possess the necessary qualifications, experience, and financial responsibility.
Setting Standards: Defining the scope of work for different classifications of licensees and registrants, and outlining the standards of practice they must adhere to. This includes, for example, the types of work that fall under "residential building" versus "residential specialty contracting."
Consumer Protection: Providing a mechanism for consumers to file complaints against licensees and registrants. The Commission investigates these complaints and takes appropriate disciplinary action against those who violate licensing laws or regulations, which can include fines, suspension, or revocation of licenses.
Bonding Requirements: Mandating surety bonds or proof of financial responsibility for licensees to provide a financial recourse for consumers who suffer loss or damage due to a builder's or contractor's failure to comply with regulations.
Examinations and Continuing Education: Requiring applicants to pass examinations to demonstrate competency and often mandating continuing education for license renewal to ensure professionals stay current with industry standards and practices.
Home Inspector Regulation: Licensing and regulating home inspectors, setting forth their qualifications, examination requirements, and standards for conducting home inspections and reporting findings.
Key Areas Covered in Chapter 106 include:
Classification of Residential Specialty Contractors (106-1): This is a significant section that defines specific categories of residential specialty contractors, such as plumbers, electricians, heating and air conditioning installers, masons, carpenters, roofers, dry wall installers, painters/wallpaperers, and stucco installers, detailing the scope of work for each. It also specifies which of these classifications require a license by examination versus a registration.
Residential Specialty Contractors License (106-2): Outlines the requirements for obtaining a residential specialty contractor license, including experience, examination, and bonding.
Initial Fees (106-3): Details the various fees associated with applications, examinations, and initial licensure for residential builders, specialty contractors, and home inspectors.
Qualifications for Home Inspectors (106-4): Specifies the criteria for becoming a licensed home inspector, including experience or training requirements and the need to pass an examination.
Emergency License and Registration (106-5): Provides provisions for issuing temporary licenses or registrations under certain emergency circumstances, particularly for out-of-state licensees.
Surety Bond Requirements: While specific amounts may be detailed in the underlying statutes (Title 40, Chapter 59 of the SC Code of Laws), the regulations often refer to and elaborate on the necessity of these bonds for consumer protection. For instance, a residential builder's license typically requires a bond, and specialty contractors often need bonds if the cost of their work exceeds a certain threshold (e.g., $5,000).
Disciplinary Actions: Procedures for investigating complaints, holding hearings, and imposing penalties for violations of the regulations, including revocation, suspension, or restriction of licenses.
In summary, Chapter 106 of the South Carolina Code of Regulations provides the regulatory framework that empowers the Residential Builders Commission to ensure competence, ethical conduct, and consumer protection within the residential construction and home inspection industries in South Carolina.
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