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Critical Home Inspection Services provides Home Inspections to buyers and sellers of Real Estate in the Myrtle Beach, Grand Strand area.
Critical Home Inspection Services
Located in Myrtle Beach, South Carolina
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Serving the Grand Strand and its Neighbors
843-902-5119
Licensed by the South Carolina Department of Labor Licensing and Regulation
License # RBI-2020
LICENSING OF HOME INSPECTORS
SECTION 40‑59‑500. Definitions.
As used in this article:
(1) “Administrator” means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40‑59‑50.
(2) “Commission” means the South Carolina Residential Builders Commission.
(3) “Director” means the Director of the Department of Labor, Licensing and Regulation.
(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, deterioration, 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.
(5) “Home inspector” means an individual who, for compensation of any sort, engages in the business of home inspection.
(6) “Residence” means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units.
SECTION 40‑59‑510. Administration; roster of licensed home inspectors.
The administrator is authorized to administer the provisions of this article. The administrator shall keep a register of all applicants for licensure, including the date of application and the name, qualifications, place of business, and place of residence of the applicant and the status of the license application. The administrator also shall maintain a roster including the name, place of business, residence, and business telephone number of each licensed home inspector. A copy of the roster must be available to anyone upon a written request to the commission. The commission may charge a reasonable fee for complying with a request for a roster. The amount of the fee must be established by the commission in regulation.
SECTION 40‑59‑520. Licensing requirement; licensing of business entity.
(A) No person may engage in or transact any home inspection business or hold himself out to the public as a home inspector or offer to engage in or transact any home inspection business in this State unless the person is licensed by the commission.
(B) No license may be issued under this article to a partnership, association, corporation, firm, or group. However, nothing in this article precludes a licensed home inspector from performing home inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.
SECTION 40‑59‑530. Exceptions.
This article does not apply to a person:
(1) employed by the State or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;
(2) inspecting a home exclusively for the use of a bank, savings and loan association, or credit union unless otherwise required by federal law or regulation;
(3) licensed, registered, or certified pursuant to Chapter 3 or a person duly licensed as a general contractor pursuant to Chapter 11 or a person duly licensed pursuant to Article 1 of Chapter 59 or a person duly licensed or registered as a professional engineer pursuant to Chapter 22. Notwithstanding the exemption from licensure under this article, the provisions of this article relating to the conduct of a person in the performance of a home inspection shall apply to that person. A violation of this article is considered a violation against the person’s license and subjects the person to disciplinary action by the licensing board under which the person is licensed;
(4) who is duly licensed under the provisions of Section 46‑13‑55 for the purpose of issuing CL100 Wood Infestation Reports, provided such inspection is limited solely to the requirement of the CL100 report.
SECTION 40‑59‑540. Application; examination; regulations establishing minimum standards.
(A) A person desiring to be licensed as a home inspector shall submit written application to the commission on forms as the commission prescribes. Upon the submission of a completed application form and the payment of the fee required by the commission, the applicant is entitled to take the home inspector licensing examination as prescribed by the commission. Upon successful completion of the examination, the commission shall issue the applicant a license authorizing the applicant to engage in the business of home inspection in this State. The issuance of a license is evidence that the licensee is entitled to all the rights and privileges of a licensed home inspector while the license remains active.
(B) The commission shall promulgate regulations to establish the minimum qualifications and uniform criteria for the granting of a home inspector license.
SECTION 40‑59‑550. Display of license; address changes; renewal; inactive status.
(A) The licensee shall display the license in the manner prescribed by the commission.
(B) The licensee shall inform the commission of any change in his business or home address.
(C) A license must be renewed before July first of each year for a period of one year upon payment of the renewal fee and upon compliance with this article. If the home inspector has not complied with any provision of this article during the year, the licensee shall submit a new application as in the case of the issuance of an original license.
(D) The commission may provide for the late renewal of a license upon payment of a late fee in an amount established by the commission in regulation.
(E) A licensee who does not intend to engage in the business of home inspection for at least one year may request upon written notice to the commission that his license be placed in inactive status. While in inactive status, the person is not subject to payment of any renewal fees and may not perform home inspections in this State. When the person desires to resume the performance of home inspections, he shall file an application for license renewal, pay the renewal fee, and demonstrate continuing competence as defined by the commission in regulation. If a license has been in inactive status for more than three years, the person shall submit a new application as in the case of the issuance of an original license and shall take and successfully complete the examination.
SECTION 40‑59‑560. Inspection reports; form; disclosure of scope and limitations.
(A) An inspection report issued by a licensed home inspector under this chapter must be on a form approved by the commission. For purposes of this section, a form that contains the same information as the commission‑approved form is considered to have met the requirements of this section.
(B) Nothing in this section may require a home inspector to inspect every item contained in the commission‑approved form, and nothing in this section may limit a home inspector from performing a home inspection beyond the scope of information contained in the commission‑approved form. A home inspector shall indicate on the inspection report which items, if any, were not inspected.
(C) A home inspector shall disclose the scope and limitations, if any, of each inspection before performing a home inspection.
SECTION 40‑59‑570. “Advertisement” defined.
“Advertisement” means any form of public notice, however disseminated. An advertisement by a licensed home inspector shall include the name, business name, address, and license number of the licensee. The use of any false, misleading, unfair, or deceptive practice in any advertisement is grounds for disciplinary action as provided for under this chapter.
SECTION 40‑59‑580. Denial, suspension or revocation; civil penalties; hearing; review.
(A) The commission may deny, refuse to renew, temporarily suspend, or revoke a license or issue a civil penalty under this section if the licensee or applicant for licensure:
(1) makes a false or misleading statement in that portion of a written report that deals with professional qualification or in any testimony concerning professional qualifications;
(2) engages in an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a home inspector or other person or with the intent to substantially injure another person;
(3) engages in an act of fraud, misrepresentation, or deceit in the making of a home inspection;
(4) pays a finder’s fee or a referral fee to a person in connection with an inspection of a residence;
(5) fails or refuses without good cause to exercise reasonable diligence in developing a home inspection report, preparing a report, or communicating a report;
(6) accepts a home inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from the assignment;
(7) performs work or improvement to a residence upon which the home inspector performed a home inspection within the previous twelve months;
(8) employs fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or renewal of a license;
(9) commits an act or acts of malpractice, gross negligence, or incompetence in the performance of home inspections;
(10) practices as a licensed home inspector without a current license;
(11) engages in conduct that could result in harm or injury to the public;
(12) engages in an act or practice violative of any of the provisions of this article or a regulation promulgated by the commission under this article or aids, abets, or assists a person in such violation.
(B) The commission may impose a civil penalty for violations of any provision of this article or a regulation promulgated by the commission, as follows:
(1) for a first violation, a penalty in an amount not to exceed one hundred dollars;
(2) for a second violation, a penalty in an amount not to exceed two hundred dollars; and
(3) for a third and any subsequent violation, a penalty in an amount not to exceed one thousand dollars.
Civil penalties collected by the commission must be remitted to the State Treasurer for deposit in the state’s general fund.
(C) The denial, refusal to renew, temporary suspension, or revocation of a license or the issuance of a civil penalty under this section may be ordered by a decision of a majority of the commission after a hearing held in accordance with Article 3, Chapter 23 of Title 1, the Administrative Procedures Act. A decision of the commission to deny, refuse to renew, temporarily suspend, or revoke a license or impose a civil penalty is subject to review by an administrative law judge as provided under Article 5, Chapter 23 of Title 1.
(D) An individual may apply to the commission for reinstatement of a revoked license if the revocation has been in effect for at least one year. The license may be granted upon an affirmative vote by a majority of the commission.
SECTION 40‑59‑590. Restrictions; appraisals and real estate activities.
A home inspector is prohibited from engaging in real estate appraisal activity unless the inspector meets the requirements of Chapter 60. Further, a home inspector is prohibited from engaging in any real estate activity regulated under Chapter 57 unless the inspector meets the requirements of that chapter.
SECTION 40‑59‑600. Penalties; actions to enforce contract; injunction.
(A) The administrator is authorized to use the powers granted to him pursuant to this chapter to enforce the provisions of this article.
(B) A home inspector who is not otherwise exempt from this article who undertakes or attempts to undertake the business of home inspection without first obtaining a license or who knowingly presents, or files with, the commission false information for the purpose of obtaining a license is guilty of a misdemeanor and:
(1) for the first offense, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second offense, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than ninety days, or both.
(3) for a third and subsequent offense, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days, or both.
(C) A home inspector who does not have a license as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for home inspection which he entered into in violation of this article.
(D) If it appears to the commission that a home inspector has violated, or is about to violate, a provision of this article, the commission may in its own name petition an administrative law judge to issue a temporary restraining order enjoining the violation of this article, pending a full hearing to determine whether or not the injunction must be made permanent.
SECTION 40‑59‑610. Regulations.
The commission is authorized to promulgate regulations to administer the provisions of this article.
SECTION 40‑59‑620. Applicability of building code in effect at time of construction.
When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction.
ARTICLE 5.
NOTICE
AND
SECTION 40‑59‑810. Short Title.
This
article may be cited as the “South Carolina Notice and
SECTION 40‑59‑820. Definitions.
As used in this article:
(1) “Action” means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.
(2) “Claimant” means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.
(3) “Construction defect” means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
(a) defective material, products, or components used in the construction of residential improvements;
(b) violation of the applicable codes in effect at the time of construction of residential improvements;
(c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or
(d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.
(4) “Dwelling” means a single‑family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.
(5) “Serve” or “service” means personal service or delivery by certified mail to the last known address of the addressee.
SECTION 40‑59‑830. Stay of action upon non‑compliance with article.
If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article.
SECTION 40‑59‑840. Notice of claim; timing; contents; request for clarification.
(A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:
(1) a statement that the claimant asserts a construction defect;
(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and
(3) a description of any results of the defect, if known.
The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.
SECTION 40‑59‑850. Contractor’s election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor’s offer; admissibility.
(A) The contractor or subcontractor has thirty days from service of the notice to inspect, offer to remedy, offer to settle with the claimant, or deny the claim regarding the defects. The claimant shall receive written notice of the contractor’s or subcontractor’s, as applicable, election under this section. The claimant shall allow inspection of the construction defect at an agreeable time to both parties, if requested under this section. The claimant shall give the contractor and any subcontractors reasonable access to the dwelling for inspection and if repairs have been agreed to by the parties, reasonable access to affect repairs. Failure to respond within thirty days is deemed a denial of the claim.
(B) The claimant shall serve a response to the contractor’s offer, if any, within ten days of receipt of the offer.
(C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with a civil action or other remedy provided by contract or by law.
(D) Any offers of settlement, repair, or remedy pursuant to this section, are not admissible in an action.
SECTION 40‑59‑860. Claims for personal injury or death; designation for stay on Civil Action Cover Sheet.
(A) Nothing in this article applies to actions arising out of claims for personal injury or death, or both.
(B)
Court Administration must develop a designation on the Civil Action Cover Sheet
which indicates whether a stay has been granted for a civil action filed
pursuant to the South Carolina Notice and
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