Article 1 Residential Home Builders Generally
Article 2 Certificates of Authorization
Article 3 Licensing of Home Inspectors
Article 5 South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act

Terms Used In South Carolina Code > Title 40 > Chapter 59

  • abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
  • 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. See South Carolina Code 40-59-820
  • Administrative expenses: means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170. See South Carolina Code 50-25-1340
  • Administrator: means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40-59-50. See South Carolina Code 40-59-500
  • Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;

    (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
  • Adverse effect: means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity. See South Carolina Code 51-17-30
  • Agency: means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property. See South Carolina Code 51-17-30
  • Authority: means the State Fiscal Accountability Authority. See South Carolina Code 50-19-2310
  • Auxiliary facilities: means any dining or food service facilities operated to provide for the students, faculty, or staff at The Citadel, any lodging facilities provided for temporary use by student, faculty, staff, or guests of any of them or of The Citadel, and such other facilities or activities, including laundry facilities and facilities for the sale of sundry items, as are determined by the board to be necessary or appropriate in connection with student and faculty housing or other auxiliary facilities. See South Carolina Code 50-19-2310
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Board: means the governing board of the Department of Natural Resources which serves as the trustees of the South Carolina Heritage Trust. See South Carolina Code 51-17-310
  • Board: means the Board of Visitors of The Citadel. See South Carolina Code 50-19-2310
  • board: means the board of trustees of the university;

    (2) "equipment" means items with a useful life of at least fifteen years;

    (3) "facilities" means the real and personal property and equipment specified in Section 59-147-20(2) of this chapter whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;

    (4) "revenues" means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the facilities; and

    (5) "university" means all research and four-year public institutions of higher education. See South Carolina Code 50-23-340
  • Board: means the Board of Commissioners of the South Carolina Lottery Commission. See South Carolina Code 50-25-1340
  • Board: means the State Board of Education. See South Carolina Code 51-13-1710
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Boat livery: means a business that holds watercraft for rent, lease, or charter. See South Carolina Code 50-21-10
  • bonds: means a note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article. See South Carolina Code 51-17-310
  • bonds: means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this chapter. See South Carolina Code 50-19-2310
  • Campus: means the grounds and buildings owned and occupied by a college or university for education purposes and streets and roads through and contiguous to the grounds. See South Carolina Code 50-19-1330
  • Campus police officer: means an employee of a college or university whose duties include the enforcement of the laws of this State; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or a combination of those duties. See South Carolina Code 50-19-1330
  • Certificate of number: means the registration. See South Carolina Code 50-21-10
  • 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. See South Carolina Code 40-59-820
  • College or university: means a state chartered two or four-year private educational institution of higher learning located in this State. See South Carolina Code 50-19-1330
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-20
  • Commission: means the South Carolina Lottery Commission. See South Carolina Code 50-25-1340
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-500
  • Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
  • 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. See South Carolina Code 40-59-820
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Demonstration numbers: means a temporary certificate of number issued to permitted marine dealers or manufacturers for the purpose of demonstrating watercraft held for sale, or used on watercraft which are being repaired or tested or used by an established customer whose boat is being repaired. See South Carolina Code 50-21-10
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 51-17-310
  • Department: means the State Department of Education. See South Carolina Code 50-23-200
  • Department: means the State Department of Education. See South Carolina Code 51-13-1710
  • Department: means the Department of Archives and History. See South Carolina Code 51-17-30
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
  • Discipline-specific literacy: means the ability to read, write, listen, and speak across various disciplines and content areas including, but not limited to, English/language arts, science, mathematics, social studies, physical education, health, the arts, and career and technology education. See South Carolina Code 51-13-1710
  • 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. See South Carolina Code 40-59-820
  • Educational purposes and programs: means educational expenses and scholarships as defined in Section 59-150-350(D). See South Carolina Code 50-25-1340
  • Executive director: means the Executive Director of the South Carolina Lottery Commission or his designee. See South Carolina Code 50-25-1340
  • Facilities: means student and faculty housing auxiliary facilities or either of them. See South Carolina Code 50-19-2310
  • Firm: means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture or other legally constituted organization which practices or offers to practice residential building or residential specialty contracting. See South Carolina Code 40-59-20
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • governing body: means the mayor and city council, the commissioner and commissioners, or either or both as the case may be, or the governing body by whatever name called, of any such city. See South Carolina Code 51-15-110
  • Heritage Land Trust Fund: means the fund established and administered pursuant to Section 51-17-115 of the 1976 Code. See South Carolina Code 51-17-310
  • Heritage Land Trust portion of the state deed recording fee: means that portion of the state deed recording fee credited to the Heritage Land Trust Fund pursuant to Section 12-24-90(B)(1) of the 1976 Code. See South Carolina Code 51-17-310
  • Heritage Trust Program: has the meaning provided in Section 51-17-10(12) of the 1976 Code. See South Carolina Code 51-17-310
  • Historic properties: means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places. See South Carolina Code 51-17-30
  • 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. See South Carolina Code 40-59-500
  • Home inspector: means an individual who, for compensation of any sort, engages in the business of home inspection. See South Carolina Code 40-59-500
  • Hull identification number: means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972. See South Carolina Code 50-21-10
  • Immediate family: means a person who is:

    (a) a spouse;

    (b) a child residing in the same household; or

    (c) claimed as a dependent for income tax purposes. See South Carolina Code 50-25-1340
  • License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
  • lottery games: means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari- mutuel betting, and casino gambling as defined in this section. See South Carolina Code 50-25-1340
  • Lottery retailer: means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract. See South Carolina Code 50-25-1340
  • Lottery vendor: means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. See South Carolina Code 50-25-1340
  • Marina: means a facility which provides mooring or dry storage for watercraft. See South Carolina Code 50-21-10
  • Marine dealer: means a business that engages in buying or selling, exchanging, brokering, manufacturing, or servicing watercraft or outboard motors for watercraft. See South Carolina Code 50-21-10
  • Maximum annual debt service: means the total amount of principal, premium, if any, and interest due and payable by The Citadel in any fiscal year of The Citadel. See South Carolina Code 50-19-2310
  • members: means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission. See South Carolina Code 50-25-1340
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Minimize: means to lessen the adverse effect of a project on a historic property. See South Carolina Code 51-17-30
  • Minority business: means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35, Title 11, specifically a small business concern which:

    (a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;

    (b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or

    (c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. See South Carolina Code 50-25-1340
  • Net proceeds: means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes. See South Carolina Code 50-25-1340
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operating expenses: means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 59-150-170, and other operating costs. See South Carolina Code 50-25-1340
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Outboard motor: means a combustion engine or electric propulsion system, which is used to propel a watercraft and which is detachable from the watercraft as a unit. See South Carolina Code 50-21-10
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 52-5-100
  • Person: means an individual, corporation, partnership, unincorporated association, or other legal entity. See South Carolina Code 50-25-1340
  • Prize: means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt. See South Carolina Code 50-25-1340
  • Proceeds: means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission. See South Carolina Code 50-25-1340
  • Qualified preservation professionals: means staff with training, experience, and expertise in managing historic properties. See South Carolina Code 51-17-30
  • Readiness assessment: means assessments used to analyze students' literacy, mathematical, physical, social, and emotional-behavioral competencies in prekindergarten or kindergarten. See South Carolina Code 51-13-1710
  • Reading interventions: means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. See South Carolina Code 51-13-1710
  • Reading portfolio: means an organized collection of evidence and assessments documenting that the student has demonstrated mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. See South Carolina Code 51-13-1710
  • Reading proficiency: means the ability of students to meet state reading standards in kindergarten through grade twelve, demonstrated by readiness, formative, or summative assessments. See South Carolina Code 51-13-1710
  • Reading proficiency skills: means the ability to understand how written language works at the word, sentence, paragraph, and text level and mastery of the skills, strategies, and oral and written language needed to comprehend grade-level texts. See South Carolina Code 51-13-1710
  • 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. See South Carolina Code 40-59-500
  • Residential builder: means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. See South Carolina Code 40-59-20
  • Residential specialty contractor: means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. See South Carolina Code 40-59-20
  • Revenues: means receipts of The Citadel from the operation of any of the facilities. See South Carolina Code 50-19-2310
  • School district: means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59. See South Carolina Code 50-23-200
  • School facilities: means only those facilities defined as 'school facilities' in Section 59-144-30. See South Carolina Code 50-23-200
  • Serial number: means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. See South Carolina Code 50-21-10
  • service: means personal service or delivery by certified mail to the last known address of the addressee. See South Carolina Code 40-59-820
  • Share: means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right. See South Carolina Code 50-25-1340
  • State board: means the State Board of Education. See South Carolina Code 50-23-200
  • State Board of Review: means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history. See South Carolina Code 51-17-30
  • State deed recording fee: means that portion of the deed recording fee imposed by Chapter 24 of Title 12 of the 1976 Code designated as the "state fee" in Section 12-24-90 of the 1976 Code. See South Carolina Code 51-17-310
  • State Properties Committee: means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate. See South Carolina Code 51-17-30
  • State school facilities bonds: means general obligation bonds of the State of South Carolina issued under the authority of this chapter. See South Carolina Code 50-23-200
  • Student and faculty housing: means any dormitories, barracks, or similar facilities intended for occupancy by students resident at The Citadel and any apartment or residence intended for occupancy by permanent or temporary members of the faculty or lecturers and authorized staff members at The Citadel. See South Carolina Code 50-19-2310
  • such municipality: refers to and means any city of this State with a population of between thirty-six thousand and fifty-five thousand, according to the last United States Government census. See South Carolina Code 51-15-110
  • Summer reading camp: means an educational program offered in the summer by each local school district or consortia of school districts for students who are unable to comprehend grade-level texts and who qualify for mandatory retention. See South Carolina Code 51-13-1710
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Temporary certificate of number: is a temporary registration assigned to a vessel to allow operation for a limited purpose. See South Carolina Code 50-21-10
  • Tender: means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore. See South Carolina Code 50-21-10
  • Third-grade reading proficiency: means the ability to read grade-level texts by the end of a student's third grade year as demonstrated by the results of state-approved assessments administered to third grade students, or through other assessments as noted in this chapter and adopted by the board. See South Carolina Code 51-13-1710
  • this State: means the State of South Carolina. See South Carolina Code 51-17-310
  • Ticket: means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game. See South Carolina Code 50-25-1340
  • to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
  • Trustees: means the trustee of the South Carolina Heritage Trust which is the board of the Department of Natural Resources. See South Carolina Code 51-17-310
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • Water device: means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device. See South Carolina Code 50-21-10
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • Waters of the State: means waters within the territorial limits of the State but not private lakes or ponds. See South Carolina Code 50-21-10
  • Writing proficiency skills: means the ability to communicate information, analysis, and persuasive points of view effectively in writing. See South Carolina Code 51-13-1710