Chapter 3: Becoming Lic'd Contractor

Question 1

What is the purpose of licensing?

Answer 1

Protect the health, safety, and welfare of the public.
and
Define the work that a contractor is allowed to do under a particular license class.

Question 2

How does SC Contractor’s Licensing Board handle enforcement?

Answer 2

Responds to complaints from consumers & other contractors, incl:
* Code Violations
* Misconduct
* gross negligence
* Incompetence

Question 3

The SC Licensing Board will conduct investigations for possible violations. These violations include:

Answer 3

• Operating without a required license
• Bidding/performing work outside limit of license
• bidding without proper license
• Contracting in wrong name

Question 4

When is a SC general/mechanical contractor’s license required?

Answer 4

Required for anyone performing commercial contruction over $10,000 in the regulated classifications (listed in TItle 40, Chapter 11)

Question 5

SC Licensing Board may issue a Cease & Desist for anyone contracting without a license.
What are the specific rules for subcontractors?

Answer 5

Subcontractors performing work for a general/mechanical contractor is not required to have a license if work performed falls under general/mechanical contractor’s license classification.

Question 6

What are the 4 general contractor license classifications?

How many subclassifications fall under these classifications?

Answer 6

1. Building
2. Highway
3. Public Utility
4. Specialty

There are 24 subclassifications

Question 7

What are the 2 different examination types for the Building classification of the general contractor license?

Answer 7

1. Limited Building Exam: Allows building structures ground up, renovations or additions to buildings limited to 3 stories in height
2. Unlimited Building Exam: Allows building structures ground up, renovations or additions, regardless of height

Question 8

The South Carolina Residential Builders Commission governs what types of building?

Answer 8

Single & two-family residences, and apartments up to 16 units or 3 stories in height.

Question 9

What trades require passing an exam for residential construction?

Answer 9

1. Building
2. Plumbing
3. Electrical
4. HVAC

Question 10

What are the Residential Specialty Contractor Registrations?

Answer 10

Trades that do NOT require passing an examination for residential work
* includes painting/wallpaper, siding, insulation, roofing, flooring, etc…

Question 11

The Board has the authority to take disciplinary action against licensees.

• What disciplinary action can NOT be taken?
• What disciplinary action CAN be taken?

Answer 11

• Board cannot address contractual disputes, monetary disputes, cosmetic issues, or require licensee to make repairs or monetary restitution.
• Discipline for failure to follow codes, standards of licensure, or construction standards can result in:
  Reprimands,
  Fines,
  Revocation of license

Question 12

What is the complaint process for licensed contractors?

Answer 12

1. Board will review complaint to determine if it falls in statutory authority. If accepted, board will send all parties a notice of complaint
2. If site inspection required, complainant** sent a notification to schedule inspection**
3. During inspection, code violations and deviations from manufacturer specifications are flagged. If violation found, sent to Board’s investigative review conference (IRC)
4. Decision is made by IRC

Question 13

Decribe the notice and opportunity to cure nonresidential construction defects.

Answer 13

• Contractor given notice for opportunity to cure at least 90 days before court date.
• Contractor has 60 days to respond (inspect, remedy, settle, etc…)
• Claimant has ten days to serve a response to contractor.
• If agreement can not be reached within 90 days, matter will proceed to litigation.