South Carolina Code of Regulations
Chapter 29 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE LICENSING BOARD FOR CONTRACTORS
Article 6 - REGULATIONS ADMINISTERING FIRE PROTECTION SPRINKLER SYSTEMS ACT
Section 29-110 - Violations, Complaints

(1) Whenever the Board has reason to believe that any person is or has been violating any provisions of this chapter this Board may prefer charges listing the violation(s) and schedule a hearing to address the charges.

(2) If, after the hearing, the charges are found to be proven, the Board may issue an order requiring the person to cease and desist from any further unlawful action and to take such affirmative action as in the judgment of the Board will carry out the purpose of the Fire Protection Sprinkler Systems Act.

(3) If a violation is found, where in the Board's judgment, the public interest could be irreparably harmed by delay caused by a hearing, the Board may issue a temporary cease and desist order, with a provision therein for a prompt hearing upon request, to determine if the order should be made permanent.

Prior to the issuance of a temporary cease and desist order, notice will be given whenever possible by telephone or otherwise, to the accused of the proposed order.

(4) Those accused of violating any provisions of this chapter who are found guilty at a hearing or enter a plea of guilty in lieu of a hearing, or fail to request a hearing following service of a temporary cease and desist order, may be fined an amount not to exceed $250.00 for each day the violation exists.

(5) A violation is considered to be any of the following:

(1) Any person may prefer charges against a fire protection sprinkler contractor. The charges must be in writing and sworn to by the complainant and submitted to the Director of the Board.

(2) Upon receipt of a complaint, the Board will furnish the fire sprinkler contractor a copy of the charges and initiate an investigation to determine the facts of the complaint.

(3) The complaint and the investigation report will be presented to the Board at the next regular or special Board meeting. The Board may find the charges without merit and dismiss the complaint, or find there is cause for a hearing to determine if the license of the sprinkler contractor should be revoked.

(4) The Board may revoke the sprinkler contractor's license of any fire protection sprinkler contractor found guilty of any provisions of this chapter, failure to comply with a cease and desist order or any fraud or deceit in obtaining a license, or of gross negligence, incompetence or misconduct in the practice of the profession. Gross negligence, for the purpose of this chapter, shall be defined as contrived and/or habitual failure to design and/or install sprinkler or standpipe systems in accordance with plans, specifications, building codes or the publications of the National Fire Protection Association pursuant to Section 40-10-240 of the 1976 Code of Laws as amended.

(5) A unanimous vote of the members of the Board present is required to revoke a license.

(6) The Board may reissue a license to any sprinkler contractor whose license has been revoked if four or more members of the Board vote in favor of reissuance.