BIL:3263

RTN:68

ACN:32

TYP:General Bill GB

INB:House

IND:20010111

PSP:Davenport

SPO:Davenport

DDN:l:\council\bills\nbd\11081ac01.doc

DPB:20010509

GOV:S

DGA:20010529

SUB:Construction, engaging in; contractors licensed name; specialty, glass and glazing added as subclassification of

HST:

BodyDateAction DescriptionComLeg Involved

______

------20010611Act No. A32

------20010529Signed by Governor

------20010523Ratified R68

Senate20010509Read third time, enrolled for

ratification

Senate20010508Read second time, notice of

general amendments

Senate20010503Committee report: Favorable12 SLCI

Senate20010306Introduced, read first time,12 SLCI

referred to Committee

House20010302Read third time, sent to Senate

House20010301Read second time, unanimous

consent for third reading on

Friday, 20010302

House20010228Committee report: Favorable26 HLCI

House20010111Introduced, read first time,26 HLCI

referred to Committee

Versions of This Bill

Revised on 20010228

Revised on 20010503

TXT:

(A32, R68, H3263)

AN ACT TO AMEND SECTION 4011370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE “ENGAGING IN CONSTRUCTION” AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 4011410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE “GLASS” AND “GLAZING” FROM THE SUBCLASSIFICATION OF “INTERIOR RENOVATION” AND TO ADD AND DEFINE “GLASS AND GLAZING” AS A SUBCLASSIFICATION OF “GENERAL CONTRACTORS SPECIALTY”.

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

Term defined

SECTION1.Section 4011370 (B) and (C) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

“(B)It is unlawful to engage in construction under a name other than the exact name which appears on the license issued pursuant to this chapter. ‘Engaging in construction’ includes marketing, advertising, using site signs, and submitting contracts. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.

(C)An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the name that appears on its license may not bring an action either at law or in equity to enforce the provisions of the contract.”

Definition revised

SECTION2.Section 4011410(4)(c) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

“(c)‘Interior Renovation’ which includes installing, remodeling, renovations, and finishes of acoustical ceiling systems and panels, loadbearing and nonloadbearing drywall partitions, lathing and plastering, flooring (excluding carpet) and finishing, interior recreational surfaces, window and door installation, and installation of fixtures, cabinets, and millwork; and which also includes fireproofing, insulation, lining, painting, partitions, sandblasting, interior wall covering, and waterproofing. This subclassification does not include alterations to loadbearing portions of a structure.”

Term defined; licensure for classification; examination exemption

SECTION3.A.Section 4011410(4) of the 1976 Code, as last amended by Act 91 of 1999, is amended by adding an appropriately lettered subitem at the end to read:

“( )‘Glass and Glazing’ which includes, but is not limited to, commercial, residential, industrial, institutional, modular, and all other types of glass and glazing construction. The construction is limited to selection, cutting, assembling, and installing all makes and kinds of glass for windows, sash and doors, metal frames, ornamental decorations, mirrors, and tub and shower enclosures. This license classification includes all work under the subclassifications of renovation, structural shapes, and architectural aluminum glazing systems which include aluminum entrance doors and frame systems, entrance and egress hardware, curtain wall systems, sliding doors/mall fronts, overhead glazing systems, and architectural window systems and accessories. Contractors engaged solely in residential construction must be licensed or registered with the South Carolina Residential Builders’ Commission and are not required to have this classification. The board may require an applicant to pass an examination before licensure as provided by this chapter.”

B.An entity engaging in glass and glazing work in an amount of five thousand dollars or more within the last two years before the effective date of this act may be licensed by the board without examination. This provision for licensing without examination is available for a period of two years from the effective date of this act.

Time effective

SECTION4.This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2001.

Approved the 29th day of May, 2001.

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