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Current Status Bill Number:View additional legislative information at the LPITS web site.392 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990121 Primary Sponsor:McConnell All Sponsors:McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Reese Drafted Document Number:l:\council\bills\nbd\11072jm99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Prices, unconscionable; property damage; Insurance, Civil Defense; Natural disasters, states of emergencies History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990121 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO PROHIBIT THE CHARGING OF UNCONSCIONABLE PRICES WITH RESPECT TO THE RENTAL OR SALE OF ESSENTIAL COMMODITIES DURING A DECLARED STATE OF EMERGENCY, AND TO PROVIDE FOR CRIMINAL PENALTIES; AND TO AMEND CHAPTER 75, TITLE 38, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING ARTICLE 13 SO AS TO PROVIDE GUIDELINES APPLICABLE TO PERSONAL LINES INSURANCE FOR USE IN EVALUATING REASONABLE CHARGES FOR REPAIR AND REPLACEMENT COSTS ARISING FROM DAMAGE ASSOCIATED WITH HURRICANES AND OTHER NATURAL DISASTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 39-1-80. (A) As used in this section:
(1) 'Commodity' means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce and includes, without limitation, food, water, ice, chemicals, petroleum products, electricity producing generators, and lumber necessary for consumption or use as a direct result of the emergency.
(2) It is prima facie evidence that a price is unconscionable if:
(a) the amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately prior to a declaration of a state of emergency and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or
(b) the amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the thirty days immediately prior to a declaration of a state of emergency and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends.
(B) Upon a declaration of a state of emergency by the Governor, it is unlawful for a person or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared any essential commodity, including, but not limited to, supplies, services, provisions, or equipment, that is necessary for consumption or use as a direct result of the emergency. This prohibition remains in effect until the declaration expires or is terminated.
(C) It is unlawful for any person to impose unconscionable prices for the rental or lease of any dwelling unit or self-storage facility during a period of declared state of emergency.
(D) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars but not greater than two thousand dollars, or by imprisonment for not less than thirty days nor more than ninety days, or by both.
(E) A price increase approved by an appropriate government agency is not a violation of this section.
(F) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency.
(G) Nothing in this section may be construed to preempt the powers of local government, except that the evidentiary standards and defenses contained in this section shall be the only evidentiary standards and defenses used in any ordinance adopted by local government to restrict price gouging during a declared state of emergency.
(H) Nothing in this section creates a private cause of action in favor of any person damaged by a violation of this section."
SECTION 2. Chapter 75, Title 38 of the 1976 Code is amended by adding:
Section 38-75-1110. Due to the unprecedented type and scale of emergencies in affected areas of this State caused by damage wrought by hurricanes and other natural disasters, the normal competitive market forces that affect construction costs do not function in many cases. This condition creates a substantial danger that claims adjustment and consequent repair or replacement costs will be unnecessarily, excessively, or fraudulently misvalued due to the failure of normal market forces. Accordingly, insureds are at risk of receiving sub-quality work or being faced with a substantial disparity between repair estimates and customary cost in the area. This condition erodes the ability of insureds to maximize the benefit of their insurance coverage. For these reasons it is essential that guidelines for construction cost be available providing parameters which would reflect fair market value. This article is intended to establish a schedule for insureds in evaluating reasonable charges for repair and replacement costs arising from damage associated with hurricanes and other natural disasters. This article is intended to encourage reasonable and fair payments of insurance claims and is further intended to ensure quality of work.
Section 38-75-1120. (A) This article applies to personal lines insurance covering real and personal property used as a dwelling place. This article applies to claims resulting from hurricane or other natural disaster damage in counties which the Governor has declared to be in a state of emergency due to the hurricane or other natural disaster.
(B) This article is not intended to abrogate any right accruing to an insured under any other provision of law.
Section 38-75-1130. With respect to any release signed by an insured regarding property subject to this article, the release does not constitute a final waiver of rights of the insured with respect to claims for damages or expenses if circumstances which are reasonably unforeseen arise resulting in additional costs which would have been covered under the policy of insurance but for the release.
Section 38-75-1150. In the event an insurer becomes aware of a contractor's charging, unreasonably and without proper justification, more than the schedule set forth in Section 38-75-1160, the insurer must so notify the Attorney General of the State of South Carolina. Any insurer who in good faith reports a contractor for a violation of this article is immune from civil liability therefor.
Section 38-75-1160. Insurers shall use the schedule in this section as guidelines for repairs arising from damage by hurricanes or other natural disasters. These guidelines are intended to reflect the cost associated with a builder's basic house of approximate value of eighty thousand dollars and the range of fifteen hundred square feet and therefore deviation from the guideline when reasonable and justified may occur. Insurers shall take reasonable steps to assure that only licensed contractors are used to perform repair work subject to this article. This schedule is as follows:
(1) To all prices ten percent may be added for overhead and ten percent for profit.
(2) All prices herein are prices to the contractor.
(3) Trusses and Sheathing:
(a) Roof/Complete:
( i) Cost of trusses:
$1.25 per square foot of house, cost of trusses only, no labor, for pitch 0 to 5/12, hip or gable, max 32 foot span, for typical house 1,500 to 2,500 square feet.
(ii) Sheathing, labor and materials:
1/2 inch 4 ply cdx, 74 cents per square foot of sheathed roof
5/8 inch 3 ply cdx, 87 cents per square foot of sheathed roof
(b) Roof/Partial:
( i) Roof sheathing:
1/2 inch 4 ply cdx, 45-50 cents per square foot sheathed, or $14 to $17 per sheet
(ii) Truss and labor installation:
Per truss, assumes no crane, no sheathing
24 foot, $65
28 foot, $75
30 foot, $79
32 foot, $84
(iii) Sheathing, labor, and materials:
1/2 inch 4 ply cdx, 74 cents per square foot of sheathed roof
5/8 inch 3 ply cdx, 87 cents per square foot of sheathed roof
(c) Roofing:
( i) Roof Contractor Tears Off Old Roof and Does Complete Job (assumes sheathing is already in place and can be used as base for new roof):
Built up Gravel Roof $227-250/square
20 yr. Type 3 Tab Fiberglass Shingles 150-219/square
25 yr. Type 3 Tab Fiberglass Shingles 160-225/square
25 yr. Type Architectural Type 180-247/square
Shingle Such As GAF Woodlands
30 yr. Type Architectural Type 190-266/square
Shingle Such As GAF Timberline
Mud on Gory White Flat Tile Over 270-485/square
1-#43 and 1-#90 and Glue Tile
Mud on Clay Spanish "S" Tile Over 360-485/square
1-#30 and 1-#90 Glue Tile
Wood Shake Roofing With 1/2" to 3/4" 543/square
Wood Shakes. Up to 6 on 12 Pitch
and Copper Metal
(ii) Roof Is Given To Roofing Contractor As A Clean Deck and Roofer Dries In and Does Complete Roof:
Built-up Gravel Roof $175-205/square
20 yr. Type 3 Tab Fiberglass Shingles 135-160/square
25 yr. Type 3 Tab Fiberglass Shingles 145-166/square
25 yr. Type Architectural Type 170-188/square
Shingle Such As GAF Woodlands
30 yr. Type Architectural Type 180-207/square
Shingle Such As GAF Timberline
Mud on Gory White Flat Tile Over 250-420/square
1-#43 and 1-#90 and Glue Tile
Mud on Clay Spanish "S" Tile Over 328-420/square
1-#30 and 1-#90 Glue Tile
Wood Shake Roofing With 1/2" to 3/4" 470/square
Wood Shakes. Up to 6 on 12 Pitch
and Copper Metal
(iii) Roof Is Dried In With A Usable #30 Type Felt. Contractors Nails Off, Hangs, Metal, and Installs Roof:
Built-up Gravel Roof $136/square
20 yr. Type 3 Tab Fiberglass Shingles 125-141/square
25 yr. Type 3 Tab Fiberglass Shingles 130-147/square
25 yr. Type Architectural Type 160-169/square
Shingle Such As GAF Woodlands
30 yr. Type Architectural Type 170-188/square
Shingle Such As GAF Timberline
Mud on Gory White Flat Tile Over 235-365/square
1-#43 and 1-#90 and Glue Tile
Mud on Clay Spanish "S" Tile Over 280-365/square
1-#30 and 1-#90 Glue Tile
Wood Shake Roofing With 1/2" to 3/4" 438/square
Wood Shakes. Up to 6 on 12 Pitch
and Copper Metal
The roofing costs set forth above are premised upon a residential structure that contains approximately two thousand to three thousand square feet of roof area. These costs also include the assumption that the pitch of the roof is no greater than four on twelve and that access to the roof for trucks and equipment is available.
The roofing costs set forth above are premised upon permits being pulled in Charleston County at current pricing. If a roofing contractor tears off the old roof and does a complete job, the above costs are premised upon one roof of a similar type being removed.
The roofing costs set forth above may be affected by the cost of color tile, as color tile adds to the cost of the roofing job both in terms of labor (mixing dye) and in terms of material (cost of dye in tile and cost of dye in exposed mortar). Additions of thirty-five dollars per square to fifty dollars per square may be appropriate depending on color.
Pricing for vents installed are provided as follows:
12" Turbine with Base $95.00
10" Low Profile Gooseneck Vent 53.00
6" Low Profile Gooseneck Vent 50.00
All - Purpose Roof Vents 53.00
The roofing costs set forth in this schedule may be affected by poor access to a job. Poor access to a job may add from 30 percent to 35 percent in cost to a tile, gravel, or shingle roof.
Additions for cut up roofs (lots of hips and valleys) may cause additional costs to be incurred. For example, on a small roof with six valleys and ten hips the following costs may be added to the square costs set forth above.
Gravel Roof Add $10.00 to $15.00 per square
Shingle Roof Add $10.00 to $15.00 per square
White Shingle & Add $20.00 to $30.00 per square
Color Flat Tile
Clay Spanish "S" Tile Add $20.00 to $30.00 per square
The roofing costs provided in this schedule may be substantially affected by companies from other geographical areas providing housing and some food expense to their employees in order to work in the area within the scope of this article.
(4) Framing:
Six dollars per linear foot of wall, labor and materials; includes top and bottom plate, framing windows and doors, setting exterior windows and doors, includes headers, includes both bearing and non-bearing walls, includes studs and nails, assumes eight foot high wall, wood or metal studs.
(5) Electric-Labor and Materials:
Total electric, from rough through finish, with standard lighting fixtures (no decorative fixtures of chandeliers, Romex wire where appropriate (outlets and switches), includes tie-in service, $2.20 -$2.50 per square foot of house living area.
(6) Plumbing-Labor and Materials (excludes rough underground plumbing):
The plumbing cost ranges provided in this schedule are based on a home with standard fixtures and includes labor and materials (excluding rough underground), PVC/Sanitary, Cooper/Water, and excludes piping from house to service connections.
Lavatory (White Steel) $310-390
Water Closet (2 piece White China 285-360
- Crane or similar Quality)
Shower (Chrome Plated Shower Head, Valve) 375-435
Tub (Steel; Waste and Overflow) 570-760
Kitchen Sink with D/W and Disposal Hookup 450-565
(Single Bowl Stainless Kingsford)
Electric Water Heater (40 Gallon Electric) 350-415
Washing Machine Box Connection 165-200
Solar energy Panel, Disconnect & Reconnect 275-350
Job conditions such as demolition damage to existing pipes, the volume of houses repaired on a particular occasion and at a particular area, and coordination with other trades may affect the above prices.
(7) HVAC-Labor and Materials:
Air conditioner compressor, air handler, ducts (no heat pumps), minimum SEER 11, with heat strips, but no heat recovery unit, $2.20 - $2.50 per square foot of house living area.
(8) Insulation R19 Labor and Materials:
45 to 55 cents per square foot of living area.
(9) Dry Wall:
5/8 inch or 1/2 inch ceiling or wall, taped, complete and finished, ready to paint, labor and materials $1.10 to $1.25 per square foot of ceiling and wall surface. Note: Price includes greenboard in wet areas.
(10) Trim:
Labor and materials, $1.30 per lineal foot of molding; covers all trim, casing, molding, etc., no doors, paint grade.
(11) Painting, Two coats;
26-35 cents per square foot of painted area.
(12) Stucco:
Scratch and finished coats over concrete block, $1-$1.50 per square foot wall area, labor and materials, 1/2 inch thick.
Over metal lath, $3-$4.45 per square foot, labor and materials, including lath.
(13) Floor Tile, Ceramic:
Labor: $2.50 per square foot, includes membrane, thin set, and grout.
Material: $2.50 per square foot, using 'Natura' or similar tile.
(14) Wall Tile:
Labor: $2.00 per square foot, includes thin set and grout $3.50- $4.00, labor for tile over metal lath includes mud and grout; does not include tile.
Material: $2.50 per square foot, average cost of tile.
Total: $6.00 per square foot, mudded tile, labor and material.
(15) Floor Covering:
$9.00 per square yard, sheet vinyl, builder's grade, labor and material.
$12.00 - $18.00 per square yard, carpet, builder's grade with 60 ounce pad, labor and materials.
(16) Cabinets (assumes particle board with melamine. Wood cabinets increase cost):
$125.00 per running foot, includes upper and lower cabinets and counter tops (laminated), labor and materials.
(17) Interior Doors:
Hollow core luan or 6 panel masonite, 1 3/8 inch thickness prehung painted or stained with passage set installed, $125, labor and materials.
(18) Garage Doors:
Metal only, non insulated, labor and materials installed:
9x7 feet, $450
16x7 feet, $600
Garage door opener installed with door, $250.
(19) Windows 3x4 feet, Builder's Grade, single pane, noninsulated, tempered, clear glass, extruded aluminum frame: $85.
Prices are window only; labor to set is included in the framing cost above.
(20) Sliding Glass Doors:
Builder's grade, single pane glass, tempered 6 feet x 6 feet 8 inch anodized metal frame, $255, door only.
Prices are door only; labor to set is included in framing cost above.
(21) Exterior Doors - Builder's Grade:
3 feet x 6 feet 8 inch metal with one window, prehung $250. Double front door, not window in door, $500.
Prices are door only, labor to set is included in framing cost above.
(22) Demolition:
Dumpsters, $1,000-$1,500, rental of dumpster and labor to haul
Demolition work
$1,500 - 1,000 square foot house
$1,800 - 1,500 square foot house
$2,100 - 2,000 square foot house
Construction Clean-up: Includes inside and outside work
$400 - 1, 000 square foot house
$475 - 1,500 square foot house
$500 - 2,000 square foot house
(23) Screen Enclosure (Assumes concrete pad in place):
Extruded painted aluminum box beam frame, fiberglass screening, $4.75 per square foot of enclosure, labor and materials, includes gable or mansard (assumes 800 to 1000 square ft. enclosure, maximum span 25 feet. Larger enclosures will raise per square foot costs.)
(24) Exterior Siding:
T- 111, 4x9 foot cedar sheets, $1.67 per square foot, or $60 per sheet; both prices include labor and materials.'"
SECTION 3. This act takes effect July 1, 2000.
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