S.C. Code Regs. § § 69-76

Current through Register Vol. 48, No. 11, November 22, 2024

Section 69-76 - SC Safe Home Program Wind Inspectors and Contractors

Section I. Purpose and Scope

The purpose of this regulation is to specify requirements and qualifications for wind inspectors and contractors participating in the SC Safe Home Program.

Section II. Wind Inspectors

A. In order to obtain certification from the Department of Insurance as a wind inspector for the SC Safe Home Program, an individual must:

(1) submit an application on a form approved by the Department;

(2) take the Federal Alliance for Safe Homes (FLASH) Blueprint for Safety Course, or other similar course approved by the Department, and pass the inspector's examination with a grade of 90% or higher; and

(3) have a demonstrated working knowledge of residential building practices through:

(a) being actively licensed by and in good standing with the South Carolina Labor Licensing and Regulation Division as a general contractor or residential builder; or

(b) if not required to be licensed, documentation of five years experience working in the residential construction industry.

B. Certified wind inspectors must attend an annual meeting of wind inspectors or other program of continuing education at a date, time and location set by the SC Safe Home Advisory Committee.

Section III. Contractors

A. In order to obtain certification from the Department of Insurance as a contractor for the SC Safe Home Program, an individual must:

(1) submit an application on a form approved by the Department;

(2) be actively licensed and in good standing through the offices of the South Carolina Labor Licensing and Regulation Division as a general contractor or residential builder; and

(3) take the Federal Alliance for Safe Homes (FLASH) Blueprint for Safety Course, or other similar course approved by the Department, and pass the contractor's examination with a grade of 90% or higher.

B. Certified contractors must attend an annual meeting of contractors or other program of continuing education at a date, time and location set by the SC Safe Home Advisory Committee.

Section IV. Citizenship Requirements for Wind Inspectors and Contractors

Only natural persons may be certified as wind inspectors and contractors to work with the SC Safe Home Program. The applicant shall be a citizen of the United States or provide documentation that the applicant is a properly registered alien residing in the United States.

Section V. Absence of Criminal Record

In determining whether an individual is eligible to be certified as a wind inspector or contractor to work with the SC Safe Home Program, the director or his designee must, among other things, consider whether the individual has been convicted of, or pleaded guilty or nolo contendere to, a crime involving moral turpitude. To satisfy the director or his designee that an individual is trustworthy and has not been convicted of a crime involving moral turpitude, the individual applicant must, as part of their application, obtain from the South Carolina State Law Enforcement Division (SLED) a copy of the applicant's criminal history record. Such copy of the applicant's criminal history record must be filed with the Department along with the applicant's application for certification.

Section VI. Requirements Relating to Probation, Withdrawal or Suspension of a Certification, Refusal to Issue a Certification and Reissuance of a Certification

A. Recommendations of the SC Safe Home Advisory Committee

(1) The SC Safe Home Advisory Committee may, upon a majority vote, recommend to the Department probation, withdrawal, or suspension of the certification of any wind inspector or contractor. Such recommendation must be submitted to the director or his designee in writing, specifying the recommended action to be taken and the findings of the Advisory Committee in reaching the recommendation. Recommendations for probation must specify a length of time, not to exceed one year, for which the Advisory Committee recommends the probation. The Advisory Committee may, among other things, consider misconduct or any fraudulent or deceitful action or inaction by the certified wind inspector or certified contractor in the performance of his or her duties as a certified wind inspector or certified contractor.

(2) A person who alleges incompetence, misconduct, fraud, or deceit against a certified wind inspector or certified contractor must submit such allegations in writing to the Department. Upon receipt, the Department may provide a copy of the written allegation to the Advisory Committee and request that the Advisory Committee review the allegation and submit a recommendation pursuant to item (1) of this subsection.

B. Procedure for probation, withdrawal, or suspension of a certification or refusal to issue a certification

(1)

(a) The director or his designee may place on probation, withdraw, or suspend a wind inspector's or contractor's certification after ten days' notice or refuse to issue a certification when it appears that a wind inspector or contractor or applicant for certification has been convicted of a crime involving moral turpitude, has violated this regulation, or has willfully deceived or dealt unjustly with the citizens of this State.

(b) The words "deceived or dealt unjustly with the citizens of this State" include, but are not limited to, action or inaction by the wind inspector or contractor as follows:

(i) providing incorrect, misleading, incomplete, or materially untrue information in the application for certification;

(ii) obtaining or attempting to obtain a certification through misrepresentation or fraud;

(iii) improperly withholding, misappropriating, or converting any monies or properties received in the course of doing business as a certified wind inspector or certified contractor;

(iv) having been convicted of a felony;

(v) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere;

(vi) forging another's name to an application for a SC Safe Home grant application or to any document related to the SC Safe Home Program; and

(vii) improperly using notes or any other reference material to complete an examination relating to certification as a wind inspector or contractor.

(2) The director or his designee must also consider whether the individual has had a license or its equivalent, to operate as a general contractor or residential builder denied, suspended, or revoked in this state or another state, province, district, or territory.

C.

(1) If upon investigation the director or his designee finds that a wind inspector or contractor has obtained a certification by fraud or misrepresentation, he may suspend immediately the certification. The director or his designee, in an order suspending a certification shall specify the period during which the suspension is to be in effect. The period may not exceed one year.

(2) In addition to or in lieu of any applicable denial, probation, suspension, or revocation of a certification a person violating this regulation may, after a hearing, be subject to an administrative penalty according to Section 38-2-10.

D. Procedures relating to the reissuance of a withdrawn certification or issuance of a certification to an applicant who has been refused a certification.

(1)

(a) A contractor or wind inspector whose certification is withdrawn or an applicant who has been refused a certification by the director or his designee may not reapply for certification until a six-month period of time has lapsed from the effective date of the withdrawal or refusal or, if judicial review before the Administrative Law Court of the withdrawal or refusal is sought, after six months from the date of a final court order or decree affirming the withdrawal or refusal.

(b) In the case of the director or his designee's refusal to issue a certification on an application submitted pursuant to subitem (a), the applicant may reapply for certification, not to exceed three times, after the exhaustion of a six-month period of time from the effective date of the refusal or, if judicial review before the Administrative Law Court of the refusal is sought, after six months from the date of a final court order or decree affirming the refusal.

(2) An individual submitting an application pursuant to item (1) of this subsection must comply with all certification requirements set forth this regulation

E. Notice of the director or his designee's probation, withdrawal, or suspension of a certification or refusal to issue a certification must be provided in writing and mailed to the last known address of the certified individual or applicant via US Certified Mail/Return Receipt Requested. The written notice must advise the applicant or certified individual of the reason for the probation, withdrawal, or suspension of the certification or the refusal to issue the certification. The applicant or certified individual may make written demand upon the Administrative Law Judge within thirty days of the date of receipt of the notice for a hearing before the Administrative Law Court to determine the reasonableness of the director or his designee's action. The hearing must be held pursuant to the Administrative Procedures Act.

Section VII. Effective Date

The regulation will become effective upon final publication in the South Carolina State Register.

S.C. Code Regs. § 69-76

State Register Volume 35, Issue No. 5, eff May 27, 2011.