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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 2A (Doc. Path council\agm\18897mm07)
June 6, 2007
H. 3481
Introduced by Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G.M. Smith and Witherspoon
S. Printed 6/5/07--S.
Read the first time March 6, 2007.
TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-10-230(4) of the 1976 Code, as added by Act 177 of 2005, is amended to read:
"(4) persons engaged in emergency repair work of fire sprinkler systems on their own property or that of their full-time employer or persons engaged in the repair, maintenance, testing, or inspection of a fire sprinkler system, water spray system, or water foam system, who are employed by a public institution of the State, as defined in Section 59-103-5, to repair, maintain, test, or inspect fire sprinkler systems, water spray systems, or water foam systems on property owned by the public institution, provided that such work shall be conducted by persons under the direct control or supervision of a person holding certification in NICET Level III, Inspection and Testing of Water Based Systems; provided that the State Fire Marshal may review inspection and maintenance records upon request; and provided that the public institution shall remain responsible for the actions or omissions of its employees exempted under this subsection;"
SECTION 2.A. Section 40-11-170 of the 1976 Code is amended to read:
"Section 40-11-170. A Notwithstanding the provisions of Chapter 1 or any other provision of law, the department may not assess a person costs associated with the investigation or prosecution, or both, of a case in which the person is found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170."
B. Section 40-11-370 of the 1976 Code, as amended by Act 32 of 2001, is further amended to read:
"Section 40-11-370. (A) It is unlawful to use the term 'licensed contractor' or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.
(B) It is unlawful to engage in construction under a name or license number other than the exact name or exact license number which that appears on the license issued pursuant to this chapter. 'Engaging in construction' includes marketing, advertising, using site signs, and submitting contracts. It is not a violation of this requirement does not include subsection, so long as an advertisement is not misleading, if the advertisement:
(1) advertising on vehicles a vehicle, which may use uses an abbreviated version of the license name so long as the advertising is not misleading; or
(2) substantially includes the name of the licensed person or entity.
(C)(1) An entity which that does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract.
(2) An entity that enters into a contract to engage in construction in a name other than the name that appears on its license licensed pursuant to this chapter may not bring an action either at law or in equity to enforce the provisions of the a contract to engage in construction only if either:
(a) the entity entered into the contract in the name that appears on its license; or
(b) the contract contained the license number that appears on the entity's license."
C. This SECTION takes effect upon approval by the Governor.
SECTION 2. This act takes effect upon approval by the Governor.
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