John Cone, director of the Home Builders Association of South Carolina, says grandfathering the specialty contractors prevents those who would not pass the exam from being placed out of business. “If that happened, we might not have enough qualified people to do the work.”

“What went into effect in July is that the specialty contractors went from being registered to being licensed,” says John Curl, chairman of the Residential Builders Commission, the agency whose regulations have been changed. “Eventually they will be required to undergo testing before license. Grandfathering was a provision for people who had previously been in business, and it is allowed as long as the documentation and bond requirements are taken care of.”

Curl says the RBC is trying to be consistent with what has been done in the past.

“Realize that the people we’re grandfathering were for the most part people who are in business and doing their trade, following the letter of the law. The feeling with the folks at the state is whether we’re being fair if we make them take a test after they’ve been doing this for years,” he says.

“The paperwork only that they have to fill out is a lot more involved, and now they have to be bonded and have to get affidavits proving how long they’ve been in business. We’ve raised the bar significantly, but it’s hard to go from simply sending in a registration and a fee to being licensed. What we’re trying to do across the board is raise the bar for professionals across the state. I think we’re being fair in the process.”

Michel, however, says a bigger issue than being fair to the specialty contractors is ensuring the health and safety of the public. “We’re talking about potable water here—providing clean, safe drinking water for people. Not to mention working with gas. It’s a serious issue.”

Curl says the state and the building commission are concerned about the health and safety of all citizens, which is why they rely on the municipalities’ code enforcement departments for proper inspection. “Homes are inspected when they’re built. A homeowner cannot move in without a certificate of occupancy.”

However, relying on the municipalities may not be the best method, particularly for Charleston County, whose building inspection office does not recognize the specialty contractor’s certificate and is reluctant to honor a grandfathered license from them. “Our code says anyone doing plumbing, electrical, gas or HVAC work has to be licensed,” says Jim Houser, an inspector with Charleston County. “And the state law says we may require a residential specialty contractor to be examined and licensed in accordance with standards.”

No safety problem?

The HBA’s Cone sees no problem for consumers in terms of safety. “Here’s why it doesn’t bother me: It’s still the responsibility of the builder to ensure that the job is done according to code. I don’t have any fears about the consumers’ safety at all. New construction has to be approved.”

Sen. Chip Campsen, R-Charleston, who was contacted by the ad hoc committee, says the LLR was formed to house disparate licensing entities and was responsible for implementing standards.

“It’s very unusual to grant a license to individuals who have only been registered, as opposed to passing an exam. We need to make sure the LLR is accurately and properly acting within its authority according to the statute,” Campsen says.

The latest word from Tyson Nettles and Patrick Flynn, the attorneys representing the ad hoc committee, is that there is a possibility that the new regulations are contrary to the law and the code.