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Current Status Bill Number:View additional legislative information at the LPITS web site.1035 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000113 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:l:\council\bills\nbd\11565ac00.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Date of Last Amendment:20000315 Subject:Construction, Contractors, licensure and regulation of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000317 Introduced, read first time, 26 HLCI referred to Committee Senate 20000316 Read third time, sent to House Senate 20000315 Amended, read second time Senate 20000314 Committee report: Favorable with 12 SLCI amendment Senate 20000113 Introduced, read first time, 12 SLCI referred to Committee Versions of This Bill Revised on March 14, 2000 - Word format Revised on March 15, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 15, 2000
S. 1035
S. Printed 3/15/00--S.
Read the first time January 13, 2000.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER, EXTERIOR INSULATION FINISH SYSTEMS, OR OTHER EXTERIOR CLADDING UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR AND TO REQUIRE BUILDING INSPECTORS TO CONDUCT CERTAIN FLASHING INSPECTIONS BEFORE SUCH EXTERIOR CLADDING IS INSTALLED OR REPAIRED; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS AN ADDITIONAL GROUND THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO INCLUDE EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS INSTALLERS AND REPAIRERS AS A SUBCLASSIFICATION AND SPECIALTY, RESPECTIVELY; BY ADDING SECTION 40-59-18 SO AS TO DEFINE EXTERIOR INSULATION FINISHING SYSTEMS FOR PURPOSES OF THE CHAPTER LICENSING AND REGULATING RESIDENTIAL HOME BUILDERS; TO AMEND SECTION 40-59-77, AS AMENDED, RELATING TO CLASSIFICATION OF RESIDENTIAL SPECIALTY CONTRACTORS SO AS TO PROVIDE QUALIFICATIONS FOR SUCH CONTRACTORS IN EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS, TO PROHIBIT INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS, AND TO REQUIRE AN INSPECTION OF CERTAIN EXTERIOR FLASHINGS BEFORE INSTALLATION OR REPAIR OF EXTERIOR INSULATION FINISH SYSTEMS AND OTHER EXTERIOR CLADDING; TO AMEND SECTIONS 40-59-90 AND 40-59-95, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO SANCTIONS THAT MAY BE TAKEN AGAINST RESIDENTIAL HOME BUILDERS BY THE RESIDENTIAL BUILDERS COMMISSION AND THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO EXTEND THE APPLICATION OF SANCTIONS FROM SECTION 40-1-120 TO BOTH THE COMMISSION AND THE DIRECTOR; AND TO AMEND SECTION 40-59-200 RELATING TO HOME INSPECTIONS CONDUCTED BY LICENSED HOME INSPECTORS, SO AS TO INCLUDE IN THE DEFINITION OF "HOME INSPECTION" REPORTING ON THE CONDITION OF CERTAIN FLASHING INSTALLATIONS WHEN EXTERIOR CLADDING, INCLUDING AN EXTERIOR INSULATION FINISH SYSTEM, HAS BEEN INSTALLED ON THE RESIDENCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 6-9-67. (A) No exterior lath and plaster, exterior insulation finish systems, or other exterior cladding may be installed on or repaired on a building, including a dwelling, unless installed or repaired by a contractor meeting the requirements of Section 40-11-410(4) or 40-59-77, as applicable.
(B) A building official must conduct and approve a flashing inspection of the windows, doors, decks, and roof and wall intersections on a building, including a dwelling, before an exterior insulation finish system or any other exterior cladding is installed or repaired on the building or dwelling.
(C) For purposes of this section, 'exterior insulation finish system' means a nonload bearing, barrier wall, exterior cladding system generally consisting of the following components:
(1) insulation board;
(2) an adhesive or mechanical attachment of the insulation board to a substrate;
(3) glass fiber reinforcing mesh;
(4) base coat on the face of the insulation board;
(5) a textured protective finish coat."
SECTION 2. Section 40-11-20 of the 1976 Code, as last amended by Act 440 of 1998, is further amended by adding an appropriately numbered item to read:
"( ) 'Exterior Insulation Finish System' or 'EIFS' means a nonload bearing, barrier wall, exterior cladding system generally consisting of the following components:
(a) insulation board;
(b) an adhesive or mechanical attachment of the insulation board to a substrate;
(c) glass fiber reinforcing mesh;
(d) base coat on the face of the insulation board;
(e) a textured protective finish coat."
SECTION 3. Section 40-11-110(A) of the 1976 Code, as last amended by Act 440 of 1998, is further amended by adding at the end:
"(24) intermixing of two or more manufacturers' exterior insulation finish system materials or components in the installation or repair of an exterior insulation finish system.
(25) failure to use Southern Building Code Congress International approved materials in the installation or repair of an exterior insulation finish system."
SECTION 4. Section 40-11-410(4) of the 1976 Code, as last amended by Act 91 of 1999, is further amended by adding at the end:
"(p) 'Exterior lath and plaster and Exterior Insulation Finish Systems' which includes installation and repair of exterior lath and plaster and of exterior insulation finish systems. To qualify for licensure under this subclassification, a person must provide to the board proof that the person has passed the Association of the Wall and Ceiling Industries International's technical examination. When a contract requires installation or repair of an exterior insulation finish system, the licensee must possess a current contractor certificate from the EIFS manufacturer whose product is being installed or repaired. A contractor may not install or repair an exterior insulation finish system or any other exterior cladding until a satisfactory flashing inspection of the windows, doors, decks, and roof and wall intersections has been completed and approved by a building code official."
SECTION 5. Section 40-59-15 of the 1976 Code, as last amended by Act 130 of 1991, is further amended by adding at the end:
"(m) exterior lath and plaster and exterior insulation finish systems installers and repairers."
SECTION 6. The 1976 Code is amended by adding:
"Section 40-59-18. For purposes of this chapter, 'Exterior Insulation Finish System' or 'EIFS' means a nonload bearing, barrier wall, exterior cladding system generally consisting of the following components:
(1) insulation board;
(2) an adhesive or mechanical attachment of the insulation board to a substrate;
(3) glass fiber reinforcing mesh;
(4) base coat on the face of the insulation board;
(5) a textured protective finish coat."
SECTION 7. Section 40-59-77 of the 1976 Code, as last amended by Act 91 of 1999, is further amended to read:
"Section 40-59-77. (A) The commission shall, by regulation, shall classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business, and may limit the field and scope of the operations of a residential specialty contractor to those in which he is to be registered. All residential specialty contractor registrations issued by the commission must be for one or more of the classifications adopted pursuant to this chapter provided for in Section 40-59-15.
(B) Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage. No person may engage in or offer to engage in a specialty classification provided for in Section 40-59-15 unless the person is registered in that specialty pursuant to this chapter.
(C) To qualify for registration as a residential specialty contractor in exterior lath and plaster and exterior insulation finish systems installation and repair, a person must provide to the commission proof that the person has passed the Association of the Wall and Ceiling Industries International's technical examination. When a contract requires the installation or repair of an exterior insulation finish system, the registrant must possess a current contractor certificate from the EIFS manufacturer whose product is being installed. In the installation or repair of an exterior insulation finish system, a residential specialty contractor in exterior lath and plaster and EIFS must not intermix two or more EIFS manufacturers' materials or components and must use Southern Building Code Congress International approved materials. A residential specialty contractor may not install or repair an exterior insulation finish system or any other exterior cladding until a satisfactory flashing inspection of the windows, doors, decks, and roof and wall intersections has been completed by a building code official.
(D) Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality."
SECTION 8. Section 40-59-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"In addition to the sanctions the commission may impose against a person pursuant to this chapter, the commission may take disciplinary action against a person as provided for in Section 40-1-120."
SECTION 9. Section 40-59-95 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"In addition to the sanctions the director may impose against a person pursuant to this chapter, the director may take disciplinary action against a person as provided for in Section 40-1-120."
SECTION 10. Section 40-59-200(4) of the 1976 Code, as added by Act 463 of 1994, is amended to read:
"(4) 'Home Inspection' means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence, including, but not limited to, structural problems or conditions, damage, safety problems or deterioration, flashing inspection of windows, doors, decks, and roof and wall intersections if exterior cladding, including an exterior insulation finish system, has been installed on the residence, equipment, and systems that are visible and readily accessible. Home inspection does not include a contract or proposal for repair, renovation, or remodeling of the improvements to a residence. The parties to a home inspection may limit or expand the scope of the inspection by agreement. For purposes of this item, an 'exterior insulation finish system' means a nonload bearing, barrier wall, exterior cladding system generally consisting of the following components:
(a) insulation board;
(b) an adhesive or mechanical attachment of the insulation board to a substrate;
(c) glass fiber reinforcing mesh;
(d) base coat on the face of the insulation board;
(e) a textured protective finish coat."
SECTION 11. This act takes effect upon approval by the Governor.
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