§ 40-59-265 — Exemptions of certain improvements from building permit requirements; owner exempt from licensure.

(A) This chapter, including Section 40-59-260, does not apply to an owner of residential property who improves the property when the improvements are for the following: (1) building: (a) one-story detached accessory structures, provided that the floor area does not exceed two hundred square feet; (b) fences not over seven feet high; (c) retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge; (d) water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one; (e) sidewalks and driveways; (f) painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; (g) prefabricated swimming pools that are less than twenty-four inches deep; (h) swings and other playground equipment; (i) window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support; (j) decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point; (2) electrical: (a) listed cord-and-plug connected temporary decorative lighting; (b) reinstallation of attachment plug receptacles but not the outlets; (c) replacement of branch circuit overcurrent devices of the required capacity in the same location; (d) electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy; (e) minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles; (3) gas: (a) portable heating, cooking or clothes drying appliances; (b) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe; (c) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid; (4) mechanical: (a) portable heating appliances; (b) portable ventilation appliances; (c) portables cooling units; (d) steam, hot- or chilled-water piping within any heating or cooling equipment regulated by the South Carolina Residential Building Code; (e) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe; (f) portable evaporative coolers; (g) self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less; (h) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid; (5) plumbing: (a) the stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work must be considered as new work and a permit must be obtained and inspection made as provided in the South Carolina Residential Building Code; (b) the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. (B) The improvements delineated in subsection (A) are exempt from building permit application requirements and an owner of residential property who makes these improvements is not required to have a residential builder or residential specialty contractor's license or be subject to the penalties provided in this chapter.

Legislative History

HISTORY: 2022 Act No. 186 (H.3606), SECTION 1, eff May 16, 2022.