South Carolina Administrative Code

28-8. Notification and Fees Summary Procedures - Licensing. A. Notification. Pursuant to the authority contained in Sections 37-6-201, 37-6-202, 37-6-203 and 37-6-204 of the Code, the following rules are adopted for notification to this Department of a person engaged in this Stat…

28-80. Motor Club Certificate of Authority. (Statutory Authority: 1976 Code Sections 39-61-10 et seq., Particularly Section 39-61-160) A. DEFINITIONS Definitions shall be those contained in the South Carolina Motor Club Services Act, S.C. Code Ann. S. 39-61-10 et seq. (1976 as am…

28-9. Other Cases - Summary Procedure. A. Informal Complaint: Informal complaints pertaining to actions subject to the Department’s jurisdiction may be made to the Administrator in writing and need not be in any particular form. Such matters may be disposed of by correspondence o…

28-90. Discount Medical Plan Certificate of Registration. (Statutory Authority: 1976 Code Sections 37-17-10 et seq., Particularly Section 37-17-120) A. DEFINITIONS Definitions shall be those contained in S.C. Code Ann. S. 37-1-101 et seq., including 37-17-10 et seq. (1976 as amen…

28-900. Motor Vehicle Subleasing and Loan Assumption Brokers. (Statutory Authority: 1976 Code § 37-13-10 et seq.) A. Definitions Definitions shall be those contained in the Regulation of the Subleasing and Loan Assumption of Motor Vehicles Act. S.C. Code Ann. Section 37-13-10 et …

29-1. Examination Requirements; Classifications. The following classifications require passage of a technical examination, approved by the board: (1) building: (a) limited building contractor examination, license groups one, two, and three; (b) commercial building contractor exam…

29-10. Mechanical Contractors Licensure Requirements. (A) Any mechanical contractor with a process piping classification that was licensed prior to April 1, 1999, may install boilers and engage in any activity involving boiler maintenance, repair, or inspection. Any mechanical co…

29-12. General Contractors-Highway Classification. Any contractor that has been issued all of the following license classifications referenced in Section 40-11-410(2) will be designated as HIGHWAY (HY) on the license card and license certificate: (1) Bridges; and (2) Concrete Pav…

29-13. Mechanical Contractors — Air conditioning, Heating and Packaged Equipment. 1. Each contractor licensed in these mechanical contractors sub classifications shall conspicuously display the mechanical contractor license issued to it by the South Carolina Department of Labor, …

29-14. Surety Bond Claims. (A) A claim on a surety bond issued pursuant to Section 40-11-262 shall be filed directly with the surety company by the claimant on a claim form approved by the Board. A claimant is not required to receive authorization from the Board to file a bond cl…

29-3. Financial Statements. (A) Where an applicant is required to have a financial statement submitted by a certified public accountant, the board may accept a financial statement based on ‘‘Other Comprehensive Basis of Accounting’’ (OCBOA) or on an accepted international account…

29-5. Construction Management Licensure Requirements. (A) An architectural or engineering entity acting as a construction manager shall file an application with the department designating one professional license of a full-time employee employed by the entity to qualify the entit…

29-7. Fees. (A) Fees shall be as specified in Chapter 10 of the Code of Regulations or as may be modified in accordance with law. (B) Fees, except replacement fees, may be adjusted on a biennial basis as appropriate. HISTORY: Amended by State Register Volume 7, Issue No. 6, eff J…

29-8. Administrative Penalties. Administrative penalties assessed pursuant to a citation under Section 40-11-100 shall be for the following: (A) entering into a contract with an unlicensed contractor for work to be performed for which a license is required; or (B) failure to obta…

29-9. Change of Address. (A) Each licensee must maintain a current mailing address, business street address, and business telephone number. (B) Each licensee must notify the department within fifteen days of any changes listed above in (A). HISTORY: Amended by State Register Volu…

30-1. Statement of Policy. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. South Carolina Coastal Zone Management Act. (1) The South Carolina Coastal Zone Management Act was passed by the 1977 General Assembly …

30-10. Critical Area Boundaries. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Coastal Waters and Tidelands: (1) The Department has permit authority over the coastal waters and tidelands critical areas define…

30-11. General Guidelines for all Critical Areas. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Preface: The critical areas are of vital importance to the State, and there is strong and growing pressure for t…

30-12. Special Project Standards for Tidelands and Coastal Waters. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Docks and Piers: A dock or pier is a structure built over and/or floating on water and is used …

30-13. Specific Project Standards for Beaches and the Beach/Dune System. A. Normal Maintenance and Repair of Habitable Structures: Normal maintenance and repair of habitable structures is allowed without notice to the Department. See R.30-5(A)(10) and R.30-1(D)(33). B. Constructi…

30-14. Administrative Procedures. A. Procedures for Local Beach Management Plan Approval and Amendments [Section 48-39-350(A)]. (1) South Carolina local governments with jurisdiction fronting the Atlantic Ocean shall submit to the Department by no later than July 1, 1990, a local…

30-15. Activities Allowed Seaward of Baseline. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Wooden Walkways: Wooden walkways no larger in width than six feet are the only structures allowed seaward of the ba…

30-16. Documentation Requirements Before Commencing Activities Between Setback Line and Baseline. A. Notification Procedure: (1) Activities requiring written notification to and written response from the Department: (a) Construction of new habitable structures at least partially …

30-17. Application Procedures for General Permits Pursuant to Section 48-39-290(B)(4). (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A: General Guidelines: Applicants for general permits shall be required to sub…

30-18. Beach Restoration Fund. A. Funding for Projects: Beach restoration projects will follow a cyclical pattern that is conditioned by the availability of funds. The Department will make an initial announcement when applications are to be submitted. The announcement will specif…

30-2. Applying for a Permit. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Preliminary Review: The Department encourages the submission of development plans for preliminary review. If a permit is necessary, t…

30-21. Beachfront Management Plan. (Statutory Authority: 1976 Code § 48-39-320(B)) A. Introduction (1) In July, 1988, the South Carolina Beachfront Management Act became law. The Act was subsequently amended in the 1990 session of the legislature. This law is a complex piece of l…

30-3. Public Hearings. Section 48-39-140(C) directs the Department to hold public hearings on permit applications if it is deemed necessary. Section 48-39-150(B) requires the Department to convene a public hearing before acting on an application if twenty or more citizens or resi…

30-4. Decisions on a Permit. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Permit Approval: (1) The Department is allowed, under, Section 48-39-150(B) to issue a conditional permit approval. Under this provis…

30-5. Exceptions. A. List of Exceptions: Section 48-39-130(D) lists several exceptions which do not require a permit. These are as follows: (1) The accomplishment of emergency orders issued by the Department or by an appointed official of a county or municipality or of the state …

30-6. Appeals of Permit Decisions. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. A Department decision involving the issuance, denial, suspension, or revocation of a permit or certification may be appealed by…

30-8. Enforcement. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Permit Revocation Process: All permits issued by the Department are revocable licenses. Section 48-39-50(H) provides that the Department can re…

30-9. Other Provisions. A. Savings Clause: If any provisions of the Act or of these Rules and Regulations are adjudged invalid or unconstitutional, the remainder of the Act and these Rules and Regulations and/or the application of their provisions to other persons or circumstance…

31-10. Minimum Eligibility Requirements. A. To be considered for selection as a client of the South Carolina Continuum of Care Emotionally Disturbed Children, an application must be submitted which establishes that the child meets the following minimum eligibility criteria: 1. be…

33-1. Contraband Articles. Under the authority of Chapters 1, 3 and 9 of Title 24 of the 1976 Code, the Department of Corrections publishes the following list of articles which are hereby designated as contraband at the State Penitentiary: a. Any item which was not issued to the …

33-2. Shock Incarceration Program. A. The mission of the Shock Incarceration Program is to change lives by instilling discipline, positive attitudes, values, and behavior. B. The goals of the Program are: (1) To deter crime by making a future offense a more onerous threat. (2) To…

35-1. Application for Approval to Operate Schools of Cosmetology, Nail Technology, or Esthetics. (A) Any person, firm, or corporation desiring to open any public or private cosmetology, nail technology, or esthetics school (hereafter referred to as ‘‘school’’) shall make applicat…

35-10. General Rules for the Operation of Cosmetology Schools. (A) Contracts. (1) The contract between a licensed school and a student shall include the total cost of the course and supplies, including the cost of a kit if that cost is not otherwise included in the cost of the co…

35-12. Emergency Temporary Work Permit. A temporary work permit allowing a license candidate to work under the direct supervision of a Board licensee prior to licensure, may be issued for up to 90 days when due to a period of public emergency, candidates for licensure who have co…

35-13. Endorsement Licensure. A person currently licensed to practice in another state or territorial possession of the United States, or the District of Columbia, whose license is in good standing, may be issued a license in this State by endorsement upon submission of an applic…

35-15. Licensure of Cosmetology, Nail Technology, and Esthetics Salons. (A) Application for Licensure. (1) For the purpose of this regulation, a salon is defined as a location, other than a cosmetology school, at which cosmetology, nail technology or esthetics is practiced. (2) A…

35-16. Salon Equipment Requirements. (A) Salons offering services in all phases of cosmetology shall maintain the following minimum equipment: (1) 1 Disinfectant (wet), large enough to totally immerse implements, with an EPA-registered hospital level disinfectant with demonstrate…

35-2. School of Cosmetology Building Requirements. (A) All School of Cosmetology classroom and clinic instruction must be presented in an environment that meets or exceeds the state building, health and fire codes and must, at all times, be maintained in safe and sanitary conditi…

35-20. Sanitary and Safety Rules for Salons and Schools. (A) Enforcement. (1) The holder or holders of a salon license or a school license, and the person in charge of any such salon or school, shall be liable for implementing and maintaining the sanitary rules in such salon or s…

35-23. Continuing Education Requirements; Expired Licenses. (A) For license renewal, all persons licensed by the board as cosmetologists, nail technicians and estheticians must show satisfactory evidence of having obtained four (4) contact hours of board- approved continuing educ…

35-24. Continuing Education Programs. (A) Continuing education programs shall meet the criteria established by the board in conjunction with the University of South Carolina. Only continuing education programs approved by the board will be accepted toward meeting license renewal …

35-25. Fees. Fees will be established and adjusted pursuant to Section 40-1-50, and posted on the board web page. HISTORY: Added in State Register Vol. 13, Issue 3, eff March 24, 1989. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Vol…