(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BURGLAR ALARM SYSTEM. The installation service, maintenance or alteration of a
system that detects intrusion, burglary, and breaking or entering but does not include home health care signaling devices.
EMPLOYEE. A regularly employed, qualified tradespersons on the premises owned or operated by the applicant for a permit.
FIRE ALARM SYSTEM. A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
FIRE SPRINKLER SYSTEM. A system of overhead or underground piping, or both, to protect the interior or exterior of a building or structure from fire where the primary extinguishing agent is water and designed in accordance with fire protection engineering standards. Fire protection sprinkler systems include the following types: water based or wet-pipe systems, water foam systems, dry-pipe systems, preaction systems, residential systems, deluge systems, combined dry-pipe and preaction systems, non-freeze systems, and circulating closed loop systems.
LOW VOLTAGE. A system consisting of an isolating power supply, the low-voltage luminaries, and associated equipment that are all identified for the use. The output circuits of the power supply are rated for not more than 25 amperes and operate at 30 volts (42.4 volts peak) or less under all load conditions.
OWNER. The property owner, owner’s parents, sisters and brothers, children of the owner and owner’s sisters and brothers, and those married to these family members; however, when actual hardship is caused by these limitations, the Building Official may waive these requirements.
SIGN OR OUTDOOR ADVERTISING SIGN. Any outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or
informative contents of which is visible from any place on the main traveled way of any road, street or highway for the purpose of this chapter.
SITE CONSTRUCTION WORK. Work is considered the act or process or altering the natural cover or topography and alters the quality or quantity of stormwater runoff.
SWIMMING POOLS. Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
TOWN CONTRACTOR'S LICENSE. Authorization for a holder of a South Carolina license issued by the South Carolina Contractors' Licensing Board, the South Carolina Residential Builders Commission or the South Carolina Manufactured Housing Board, to contract and/or perform construction work in the town within the limits prescribed by the South Carolina Code of Laws or as established by town ordinance.
TOWN CONTRACTOR'S REGISTRATION. Authorization for a holder of a South Carolina registration issued by the South Carolina Residential Builders Commission or an individual or company that installs, alters or repairs swimming pools, signs, low-volt electrical systems, elevators or landscaping/site development, to contract and/or perform construction work in the town within the limits prescribed by the South Carolina Code of Laws or as established by the town ordinance.
(B) Town license or registration required. Before any person shall engage in the business of construction, alteration or repairs in any building or structure in the town, he or she must obtain a license or registration from the town as required. It shall be the duty of every contractor or builder who shall make contracts for erection or construction or repair of a building for which a permit is required in the town, and every contractor or builder making such contracts and subletting the same or any part thereof, to secure a license or registration as provided herein.
(1) Anyone required to be licensed or registered by the town shall present a copy of his or her state license or registration, if required by state statutes. If the application is satisfactory, a town license or registration shall be issued to the applicant within the limitations of the state license or registration is required by state statutes, or as established by the Construction Board of Adjustment and Appeal and upon payment of the required license and registration fee.
(2) Plumbing and electrical journeymen are limited to working only under a licensed plumber or licensed electrician and shall not be issued permits.
(C) Grounds for revocation; procedure for filing charges. The Construction Board of Adjustment and Appeals may revoke the license or registration of any building contractor who is found guilty of fraud or deceit in obtaining a license or registration, or gross negligence, incompetence, or misconduct in conducting his business as a contractor. Any person, who prefers charges of gross negligence, incompetence, or misconduct against any contractor licensed or registered under the provisions of this division, shall submit such charges in affidavit form and file same with the Secretary of the Construction Board of Adjustment and Appeals.
(D) License identification. All holders of a license or registration in the town shall display a current license or registration identification decal issued by the Building Official. This decal shall be displayed on the left and right sides of work vehicle(s).
(E) Limitations of work by owner. The performance of any kind of construction, alteration, or repair upon any property by the owner thereof shall be contingent on verification by the owner of his or her working knowledge of the kind of construction to be done prior to issuing a permit, such verification to be accomplished by such means as deemed sufficient by the Building Official. In the event the owner does not qualify as to the knowledge required to perform the work, the owner must then have a licensed or registered town contractor secure a permit and do the work.
(F) Residential work by owner. Pursuant to S.C. Code, § 40-59-260 as amended, the following provisions shall apply to homeowners obtaining permits to perform construction-related work on their own homes:
(1) The owner shall do the construction-related work himself, with his own employees, or with town licensed or registered contractors or individuals;
(2) The structure, group of structures, or appurtenances, including the improvements, shall be intended for the owner's sole occupancy or occupancy by the owner's family, and shall not be intended for sale or rent for a minimum of two years after completion or issuance of a certificate of occupancy;
(3) The term “sale” or “rent” includes an arrangement by which an owner received compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property;
(4) The general public shall not have access to this structure;
(5) This section does not exempt a person who is employed by the owner and who acts in the capacity of a builder of any kind;
(6) The homeowner shall personally appear and sign the building permit application and shall provide the Town of James Island with a disclosure statement provided by the Building Official or his designee; and
(7) The owner shall promptly file as a matter of public record a notice with the Register of Mesne Conveyance, indexed under the owner’s name in the grantor’s index, stating that the residential
building or structure was constructed by the owner as an unlicensed builder.
(Ord. 2016-14, passed 1-19-2017) Penalty, see § 150.99