South Carolina § 40-10-40 - Primary qualifying party; qualifications; transfer of certification; notice of loss of certain certifications.

§ 40-10-40. Primary qualifying party; qualifications; transfer of certification; notice of loss of certain certifications.

(A) A fire sprinkler contractor may not engage in fire sprinkler system work unless the entity has in its employment a primary qualifying party who meets the requirements of this chapter and has been designated by the licensee as the principle individual responsible for directing or reviewing fire sprinkler contractor work.

(B) Upon meeting all requirements of this chapter, the qualifying party may be issued a qualifying party certificate and may qualify a fire sprinkler contractor to engage in fire sprinkler system work as the primary qualifying party. The primary qualifying party, along with the licensee, may be held responsible by the board for improper work or violations of this chapter. The degree of responsibility upon the primary qualifying party may be based upon his participation in the work or violation.

(C) To become a primary qualifying party, an individual must:

(1) meet all requirements of subsections (A) and (B);

(2) submit an affidavit verifying full-time employment in a responsible management position by the entity for whom the applicant will be the primary qualifying party;

(3) not take other employment that would diminish the ability to adequately supervise work performed by the licensee's employees or subcontractors; any employment conflict interpretations with this requirement must be determined by a majority vote of the board;

(4) perform his supervisory work duties from the office location in which the individual is listed as the primary qualifying party; and

(5) submit a notarized copy of his current NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" along with two government issued or department recognized ID cards containing his photograph, if applicable.

(D) If the primary qualifying party ceases to perform his duties, the licensee and the qualifying party must notify the department within fifteen days of the primary qualifying party's termination of employment. If the department is not notified within fifteen days, the department shall immediately cancel the license. If the licensee properly notifies the department within the prescribed timeframe, the license remains in good standing for six months from the date of the departure of the primary qualifying party. If a primary qualifying party is not replaced within the six-month period, the department shall immediately cancel the license. If the fire sprinkler contractor has another qualifying party in their employment that is listed with the department, that individual may be listed as the primary qualifying party.

(E) A qualifying party may transfer his certification to another fire sprinkler contractor when he becomes a new employee for that licensee. The new employer must send written notification of the new employment to the department within fifteen days of employment.

(F) No primary qualifying party for a licensed fire sprinkler contractor may serve as a primary qualifying party for another fire sprinkler contractor or as the primary qualifying party for any other main or branch office while serving as the primary qualifying party for the licensee.

(G) Any qualifying party that is listed as a qualifying party for a fire sprinkler contractor must keep his NICET Level III or IV Technician Certification current in "Fire Protection Engineering Technology Automatic Sprinkler System Layout".

(H) A fire sprinkler contractor may have an unlimited number of qualifying parties listed with the department under the licensee's license.

(I) If a qualifying party loses his NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout", the licensee or the qualifying party must report the loss to the department within fifteen days. The notice requirements of subsection (D) apply.

HISTORY: 2005 Act No. 177, SECTION 1.