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South Carolina Statutes, Title 40

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South Carolina/Statutes

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Title 40, Professions and Occupations

62 chapters · 1,983 sections in this title.

All chapters in Title 401,983 Ch 47, Title 40, Chapter 47157 Ch 15, Title 40, Chapter 1573 Ch 75, Title 40, Chapter 7560 Ch 60, Title 40, Chapter 6059 Ch 81, Title 40, Chapter 8156 Ch 59, Title 40, Chapter 5955 Ch 33, Title 40, Chapter 3352 Ch 11, Title 40, Chapter 1150 Ch 45, Title 40, Chapter 4547 Ch 63, Title 40, Chapter 6347 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 69, Title 40, Chapter 6944 Ch 7, Title 40, Chapter 743

42 sections·Filtered byTitle 40✕Ch 29✕

S.C. Code Ann. § 40-29-10 Manufactured Housing Board; membership, duties and responsibilities
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(A) There is created the South Carolina Manufactured Housing Board. It is composed of ten members who must be residents of South Carolina appointed by the Governor in accordance with Section 40-1-45 for terms of four years and until their successors are appointed and qualify. The…
S.C. Code Ann. § 40-29-100 Sanctions and disciplinary action by the board
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In addition to the sanctions the board may impose against a person pursuant to Section 40-29-110, the board may take disciplinary action as provided for in Section 40-1-120.
S.C. Code Ann. § 40-29-110 Grounds for denial of license
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As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-29-120 Prior criminal record of license applicant
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A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.

S.C. Code Ann. § 40-29-130 Investigation; voluntary surrender of license

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A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

S.C. Code Ann. § 40-29-140 Appeal

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A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

S.C. Code Ann. § 40-29-150 Costs of investigation and prosecution

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A person found in violation of this chapter or regulations promulgated under this chapter may be required by the board to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

S.C. Code Ann. § 40-29-160 Collection and enforcement of fines

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All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

S.C. Code Ann. § 40-29-170 Confidentiality of investigations, privilege, Freedom of Information Act

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Investigations conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190. However, upon completion of the investigation, the findings of the board are subject to disclosure in accordance with the Free…

S.C. Code Ann. § 40-29-180 Violations threatening health or safety; criminal penalties

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A person who knowingly violates the provisions of this chapter or regulations promulgated thereunder and thereby threatens or injures the health or safety of a consumer is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned…

S.C. Code Ann. § 40-29-190 Term and expiration; requirements for licensure; real estate broker and lien-holder exceptions; denial; display; experience requirement for retail sales license; reciprocity

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(A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to ea…

S.C. Code Ann. § 40-29-20 Definitions

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Unless clearly indicated otherwise, as used in this chapter: (1) "Authorized official" means a person acting on behalf of a manufactured home retail dealer. (2) "Board" means the South Carolina Manufactured Housing Board. (3) "Construction and Safety Standards Act" means the Fede…

S.C. Code Ann. § 40-29-200 License expiration; applicant requirements for license

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(A) All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended. (B) An applicant for licensure shall: (1) demonstrate financial responsibility as required by Section 40-29-95; (2) for a retail dealer, provide a fi…

S.C. Code Ann. § 40-29-210 Examination; fees; training

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(A) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the board or its designated test provider. The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the depart…

S.C. Code Ann. § 40-29-220 Obtaining license after lapse or more than six months of inactivity

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If a license lapses or is inactive for more than six months, in order to be relicensed, the applicant must meet all requirements for a new license. The applicant may be exempt from any required training if evidence of prior training can be provided.

S.C. Code Ann. § 40-29-230 Surety bond; claims; release

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(A) At the time of making application, all applicants for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term in the following amounts: (1) for a manufactured home manufacturer, seventy-fi…

S.C. Code Ann. § 40-29-240 Claims for repair work not performed by manufacturer, dealer or installer; release of bond of licensee not conducting business

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(A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall di…

S.C. Code Ann. § 40-29-250 Acts warranting consumer indemnity from security bond

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Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, or a salesperson must be indemnity for a loss sustained by a consumer as a result of: (1) a violation of a provision of this chapter or a regulation of the …

S.C. Code Ann. § 40-29-260 Warranty requirements

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(A) A manufactured home manufacturer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer: (1) all structural elements, plumbing systems, heating, cooling, and fue…

S.C. Code Ann. § 40-29-270 Remedy of defects, imminent safety hazards

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A defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless additional time is granted by the board. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of…

S.C. Code Ann. § 40-29-280 Moving exception to new home warranty, notice requirement

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If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale…

S.C. Code Ann. § 40-29-290 Board authority regarding Construction and Safety Standards Act

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The board may carry out the responsibilities of the Construction and Safety Standards Act as the state administrative agency for South Carolina.

S.C. Code Ann. § 40-29-30 License requirement; administrative penalty; appeal

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(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, or manufactured home manufacturer in this State without being licensed by the board. No manufactured home contractor may install, mod…

S.C. Code Ann. § 40-29-300 Board oversight of consumer complaints; board inspection of manufacturers for compliance with federal regulations; life safety and fire prevention

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The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act standards and regulations. As part of this responsibility, the manufactur…

S.C. Code Ann. § 40-29-310 Board entry for purpose of inspection

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The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Stan…

S.C. Code Ann. § 40-29-320 Record keeping requirement; board inspection of records; standard form for purchase agreements

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Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting …

S.C. Code Ann. § 40-29-325 Dealer license number required in certain advertisements

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Licensed manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina.

S.C. Code Ann. § 40-29-327 Authorized officials required in each location; licensure; notice

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Each licensed manufactured housing retail dealer location must have one authorized official representing the dealership. An authorized official who is not the dealer must hold a manufactured home retail salesperson or retail dealer license. The board must be notified in writing w…

S.C. Code Ann. § 40-29-330 Policy and purpose to protect against hazards and provide safety

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Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having conceal…

S.C. Code Ann. § 40-29-340 Manufactured homes to meet certain criteria and be certified

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No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing a…

S.C. Code Ann. § 40-29-350 Effect of HUD label on manufactured home unit; installation fees, requirements and standards

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A manufactured home unit bearing a label issued by the Department of Housing and Urban Development is acceptable as meeting the requirements of this chapter throughout the State. Municipalities and counties may establish a fee for inspection of installation not to exceed one hund…

S.C. Code Ann. § 40-29-360 Energy efficient labeling

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(A) The State Energy Office must produce energy efficiency labels and notices and provide these labels and notices to manufactured housing manufacturers upon request. The notices must state: "Notice. An energy efficient home will reduce the overall cost of home ownership. South C…

S.C. Code Ann. § 40-29-370 Electrical inspection

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In municipalities and counties where electrical inspections are provided, proof of inspection of electrical service from the meter base to the main panel of the home must be obtained by the homeowner and submitted to the supplier of electricity before an electrical connection may…

S.C. Code Ann. § 40-29-380 Severability

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If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General …

S.C. Code Ann. § 40-29-40 Operations and activities provided by Department of Labor, Licensing and Regulation

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The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

S.C. Code Ann. § 40-29-5 Applicability of professional licensing statutes

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Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of manufactured home manufacturers, manufactured home retail dealers, manufactured home sales persons, and manufactured home contractors, installers, and repairers. If there …

S.C. Code Ann. § 40-29-50 Investigation of complaints and violations

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The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.

S.C. Code Ann. § 40-29-60 Hearings before administrative hearing officer and board; penalties

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(A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an agent of the board appointed to act as administrative hearing officer for a hearing. Upo…

S.C. Code Ann. § 40-29-70 Equitable remedies

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In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation …

S.C. Code Ann. § 40-29-80 Suspension, revocation, restriction, or denial of license

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(A) The board may suspend for a determinate period, revoke, or restrict a license issued to a licensee or authorized official under the provisions of this chapter for: (1) false, misleading, or deceptive advertising; (2) knowingly contracting or performing a service beyond the sc…

S.C. Code Ann. § 40-29-90 Jurisdiction of the board

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The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

S.C. Code Ann. § 40-29-95 Financial responsibility requirements

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(A) The board shall consider the financial responsibility of an applicant as determined by this section and regulations promulgated by the board. (B) A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty th…