South Carolina Code of Regulations Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD
South Carolina Code of Regulations Chapter 79 is dedicated to the Department of Labor, Licensing and Regulation (LLR) - Manufactured Housing Board. This chapter contains the detailed regulations governing all aspects of the manufactured housing industry in South Carolina. The primary purpose of these regulations is to protect consumers by ensuring that manufactured homes are constructed, sold, installed, repaired, and serviced according to established safety and quality standards.
The Manufactured Housing Board, supported by the LLR, licenses and regulates individuals and businesses involved in the manufactured housing sector.
Here's a comprehensive breakdown of the key areas covered in Chapter 79:
I. General Provisions and Licensing:
Definitions (Section 79-1): Provides clear definitions for key terms such as "manufactured home," "installer," "repairer," "retail dealer," "manufacturer," "stabilizing devices," "support system," "imminent safety hazard," and more. This sets the common language for the entire chapter.
License Classifications (Section 79-2): Outlines the different types of licenses issued by the Board, including:
Manufactured Home Manufacturer
Manufactured Home Retail Dealer
Manufactured Home Retail Salesperson
Manufactured Home Retail Multi-Lot Salesperson
Manufactured Home Contractor
Manufactured Home Installer
Manufactured Home Repairer
Manufactured Housing Apprentice Salesperson
Retail Managers; Finance Managers
License Application Requirements (Section 79-3): Details the specific criteria and documentation needed for each license type, including age, business information, and, for some classifications, financial responsibility (e.g., credit reports for salespersons and retail dealers).
Financial Responsibility (Section 79-4): Specifies requirements for surety bonds or other approved security for licensees to protect consumers against financial loss due to non-compliance.
License Renewal (Section 79-6): Outlines the process and requirements for renewing licenses, including Continuing Education (CE) for most classifications (manufacturers and apprentice salespeople are typically exempt).
Fees (Section 79-26 and 10-22): Details the various fees for initial applications, biennial renewals, show permits, late fees, and miscellaneous services (e.g., red tag removal fee).
II. Operational Standards for Different Licensees:
Manufacturers (Section 79-11): Rules for manufacturers of manufactured homes, likely including quality control and compliance with federal standards.
Retail Dealers (Sections 79-12 to 79-18): Comprehensive regulations for retail dealers, including:
Record keeping requirements.
Responsibilities for test inspections and other items.
Sales transaction procedures.
Handling of funds (e.g., deposits, down payments).
Rules for contracts, deposits, and rescission.
Supervision of employees.
Salespersons (Sections 79-19, 79-20): Specific rules for single and multi-lot salespersons.
Installers, Repairers, and Contractors (Sections 79-21 to 79-24): Regulations for these critical roles, covering:
Licensing.
Standards for installation, repair, and modification of structural, mechanical, or electrical systems.
Compliance with specific installation requirements (e.g., tie-downs, blocking, utility connections).
Standard of Conduct (Section 79-25): General ethical and professional conduct expectations for all licensees.
III. Enforcement and Consumer Protection:
Board Authority for Investigations and Disciplinary Actions (Section 79-9): Grants the Board the power to investigate, deny, suspend, or revoke licenses.
Complaints and Hearings (Sections 79-31 to 79-34): Details the process for filing and resolving complaints (from consumers or others), including procedures for hearings and the role of the State Administrative Agency (SAA) in handling consumer complaints.
Claims Against Surety Bond or Other Approved Security (Section 79-37): Procedures for consumers to make claims against the licensee's bond in case of financial damages due to violations.
Inspections (Section 79-38): Authorizes inspectors to enter premises, inspect records and new homes for compliance. It also outlines the use of "Red Tags" to prohibit the sale of non-compliant homes until violations are corrected.
Injunction (Section 79-39): Provisions for the Board to seek injunctions to stop violations.
National Manufactured Housing Construction and Safety Standards (Sections 79-40, 79-41): Explicitly adopts and incorporates federal HUD standards (24 C.F.R. 3280, 3282, 3283) relating to the construction and safety of manufactured homes.
Manufactured Home Installation Requirements (Section 79-42): Detailed regulations for the proper installation of manufactured homes, often including diagrams or appendices for load-bearing supports.
Used Manufactured Home Minimum Habitability Requirements (Section 79-43): Sets standards for the habitability of used manufactured homes.
In essence, South Carolina Code of Regulations Chapter 79 creates a robust regulatory framework that ensures the quality, safety, and proper installation of manufactured homes in South Carolina, providing oversight for the entire industry from manufacturing to sales, installation, and repair, all with a strong focus on consumer protection.
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