Current through Register Vol. 48, 12, December 27, 2024
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.