§ 44-44-10 Title of act
§ 44-44-20 Definitions
§ 44-44-30 South Carolina Birth Defects Program established; public health monitoring and referral
§ 44-44-40 Birth Defects Advisory Council established; membership; subject areas for recommendations; compensation
§ 44-44-50 Monitoring birth defects
§ 44-44-60 Utilization of data
§ 44-44-70 Maintenance of central database; case ascertainment
§ 44-44-80 Access to health and medical records; confidentiality
§ 44-44-90 Reports
§ 44-44-100 Use and disclosure of birth defects data
§ 44-44-110 Providing data to National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention
§ 44-44-120 Agreements with other agencies
§ 44-44-130 Use of data to make treatment available to affected children and families
§ 44-44-140 Confidentiality; immunity of entities providing information; access records; penalty; parental access
§ 44-44-150 Promulgation of regulations
§ 44-44-160 Funding contingency

Terms Used In South Carolina Code > Title 44 > Chapter 44 - Birth Defects

  • 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
  • Administrator: means the Executive Director for the South Carolina Residential Builders Commission provided for under § 40-59-50. See South Carolina Code 40-59-500
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-500
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • 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
  • service: means personal service or delivery by certified mail to the last known address of the addressee. See South Carolina Code 40-59-820
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.