Current Status Introducing Body:Senate Bill Number:837 Primary Sponsor:Hayes Committee Number:12 Type of Legislation:GB Subject:Amusement Rides Safety Code, additions Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:DKA/3240.AL Introduced Date:Apr 02, 1991 Last History Body:Senate Last History Date:Apr 02, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN
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837 Senate Apr 02, 1991 Introduced, read first time, 12
referred to Committee
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TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENT RIDES SAFETY CODE, SO AS TO ADD WATER PARKS, AERIAL TRAMWAYS, AND OTHER PARKS TO THE AMUSEMENT PARKS COVERED BY THE CODE, TO CHANGE THE DEVICES AND EQUIPMENT EXEMPT FROM THE CODE, TO REVISE DEFINITIONS AND ADD DEFINITIONS ON "WATER PARK" AND "TRAMWAY"; TO PROVIDE THAT ALL PERMITS ISSUED EXPIRE ON DECEMBER THIRTY-FIRST OF THE YEAR ISSUED, TO PROVIDE ADDITIONAL GROUNDS FOR REVOCATION OF A PERMIT, TO PROVIDE ADDITIONAL GROUNDS FOR CIVIL PENALTIES, AND TO MAKE GRAMMATICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18, Title 41 of the 1976 Code is amended to read:
Section 41-18-10. This chapter is known and may be cited as the `South Carolina Amusement Rides Safety Code'.
Section 41-18-20. 1. (A) The purpose of this chapter is to guard against personal injuries in the assembly, disassembly, and use of amusement devices and aerial tramways at carnivals, fairs, and amusement parks, water parks, and other parks within the State to persons employed at or attending the same, and, in the event of a personal injury, to insure to the injured party the possibility of financial recovery as against the owner of the carnival, fair, or amusement park device or tramway where the injury occurred.
2.(B) It is the intent of this chapter that amusement devices are designed, constructed, assembled or disassembled, maintained, and operated as to prevent injuries.
Section 41-18-30. 1. (A) This chapter applies to amusement devices at carnivals, fairs, and amusement parks, water parks, and other locations where an admission or fee is customarily or usually charged located within the State, including those devices available for lease or rent to the public, and to the managers of these devices, to the persons employed in connection with the same, and to their employees, and to patrons of these devices.
2.(B) This chapter does not apply to single passenger, coin-operated, manually, mechanically, or electrically operated rides, cinemas, equipment associated with school playgrounds, city, county, or state parks, or playgrounds located at restaurants except where admission is charged for the use of the equipment, nor may this chapter be construed so as to limit the right of any person to conduct any hotel, restaurant, or eating place at any amusement park.
Section 41-18-40. As used in this chapter, except as otherwise expressly provided, the following terms have the meanings indicated:
(1) `Amusement device' means any mechanical device which by design in and of itself provides a means for amusement, pleasure, or excitement, or any mechanical device, aquatic device, or combination of devices which supports, carries, or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement.
(2) `Amusement park' means a tract or area used principally as a permanent location for amusement devices or structures.
(3) `Commissioner' means the Commissioner of the South Carolina Department of Labor, or his designee, or representative.
(4) `Carnival' means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public.
(5) `Fair' means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public.
(6) `Owner' means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee.
(7) `Permanent device' means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises.
(8) `Temporary device' means a device which is used as an amusement device that is regularly relocated from time to time with or without disassembly.
(9) `Serious injury' means an injury that results in death or requires medical treatment, other than first aid, by a physician. `First aid' means the one-time treatment or subsequent observation of scratches, cuts not requiring stitches, minor burns, splinters, and contusions or a diagnostic procedure, including examinations and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed professional personnel.
(10) `Safety coordinator' means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival.
(11) `Department' means the South Carolina Department of Labor.
(12) `Special inspector' means an inspector licensed by the commissioner and not employed by the department.
(13) `Water park' means a tract or area used principally as a location for amusement structures which utilize water as the major medium or conveyance. Amusement devices also may be used at this location.
(14) `Tramway' means all permanent or temporary devices that carry, pull, or push passengers along a level or inclined path, excluding elevators, by means of a haul rope or other flexible element that is driven by a power unit remaining essentially at a single location.
Section 41-18-50. No amusement device may be operated in the State without a permit issued by the commissioner. The permits are not transferable and if any. If a permit holder voluntarily discontinues operation of the amusement device, all rights secured under the permit are terminated.
Section 41-18-60. 1.(A) Before commencement of beginning the operation of a permanent or temporary device, the owner or lessee shall make written application to the commissioner for a permit to operate. The permit is valid for a period of up to one year expiring on December thirty-first of that year.
2.(B) No temporary device may be used at any time or location unless prior notice of intent to use same the device has been given to the commissioner. Notice of planned schedules shall must:
(a)(1) be in writing,;
(b)(2) identify the temporary device,;
(c)(3) state the intended dates and locations of use,;
(d)(4) be mailed to the commissioner at least fifteen days before the first intended date of use; except the. The commissioner may, in his discretion, may waive these requirements.
3.(C) A permit to operate must be issued to the owner or lessee of an amusement device when:
(a)(1) written application has been made to the commissioner;
(b)(2) the amusement device has passed all required inspections;
(c)(3) the liability insurance required by Section 41-18-90 has been met in the amount prescribed.
4.(D) The commissioner may revoke any a permit issued pursuant to this chapter if it is determined that an amusement device is being operated:
(a)(1) being operated without the inspections required by Sections 41-18-70 and 41-18-80; or
(b)(2) being operated without the insurance required by Section 41-18-90; or
(c)(3) being operated with a mechanical, electrical, structural, or design, or other defect which presents an excessive risk of serious injury to passengers. compromises the integrity of the device or structure;
(4) without modifications or corrections required by the manufacturer or corrections required by the department; or
(5) without required documentation or paperwork.
5.(E) Any other violation of the provisions of this chapter may result in a revocation, if written notice of noncompliance is served upon the owner specifying any a violation of the provisions of this chapter and directing the owner to correct the violations within thirty days of receipt of the notice the period specified by the commissioner. In the event the owner and the department fail to agree that the violations referred to herein have in fact been corrected, then the department shall give notice of and provide a hearing for the owner to determine whether compliance has in fact been met. The provisions of Article II ( the Administrative Procedures) of Act 176 of 1977 shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter.
6.(F) Nothing in this chapter prevents an owner whose permit to operate an amusement device has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department shall inspect the amusement ride in question as promptly as practical, but in no case more than seventy-two hours after the submission of the application.
Section 41-18-70. Before a permit may be issued as provided in Sections 41-18-50 and 41-18-60, an inspection of the amusement device must be made in compliance with the procedures set by the commissioner. The inspection must have been be conducted within one year month prior to the permit application, unless the period is extended by operation of subsection 5 of Section 41-18-80(E).
Section 41-18-80. (1)(A) In the case of a permanent device, the amusement device must be inspected by the commissioner or his designee or special inspector before beginning operation within this State. Thereafter, as a requirement for the issuance of each subsequent permit, the amusement device must be inspected at least annually by the commissioner or his designee or by a special inspector. The inspection shall at a minimum must comply with the requirements of the commissioner. An affidavit of the annual inspection must be filed with the commissioner.
(2)(B) In the case of a temporary device, upon first entry into before usage in the State each year, the amusement device must be inspected by the commissioner or his designee or special inspector for the permit to be issued. Thereafter, the amusement device must be inspected at least annually by the commissioner or his designee or a special inspector. The inspection must at a minimum must comply with the requirements of the commissioner. An affidavit of the annual inspection must be filed with the commissioner.
(3)(C) In the case of a temporary device, upon first entry into before usage in the State, the amusement device only requires only visual inspection by the commissioner as to the device being correctly assembled if the:
(a)(1) the owner or lessee of the device supplies a valid and current certificate of inspection from another jurisdiction,; and
(b)(2) that jurisdiction providing this certificate of inspection offers similar reciprocity for certificates of inspection issued by the South Carolina Commissioner of Labor.
(4)(D) In the case of If an amusement device which is substantially rebuilt or substantially modified so as to change the structure, mechanism, or capacity of the device, the owner or lessee shall give written notice to the commissioner who shall cause the device to be inspected prior to before the time in which it is put into operation and who shall cause any current permit to be updated so as to include any modifications made to the device.
(5)(E) In the event an operator is unable to secure an inspection by a special inspector within one year from the date of the previous inspection, the previous inspection is considered valid for purposes of this chapter for a period of thirty additional days, if the operator made an inspection request to any of those individuals qualified to make the inspection at least sixty days prior to the inspection anniversary before the permit expiration date.
(6)(F) Upon proper presentation of credentials, the commissioner, or his inspectors, his agents, or his designees may enter unannounced and inspect amusement devices at reasonable times and in a reasonable manner and have the right to question any owner, manager, or agent of the owner, to inspect, investigate, photograph, and sample all pertinent places, areas, and devices, and to examine and reproduce all pertinent documents and records for the purpose of enforcing the provisions of this chapter. No fee may be charged for these unannounced inspections.
(7)(G) No amusement device which fails to pass an inspection may be operated for public use until it has passed a subsequent inspection.
(8)(H) Each sponsor of a fair or carnival and the owner of the land or their designees, upon which the fair or carnival is located, or their designees, shall make a visual inspection of each amusement device at least once each week during the period the fair or carnival is operating. The commissioner shall provide a checklist for this inspection. If an unsafe amusement device or condition is discovered, it must be immediately reported to the commissioner immediately.
(9)(I) A special inspector shall have the following qualifications:
(a)(1)(a) at least five years experience in amusement device maintenance and safety, and completion of approved courses in materials inspection and testing and in fasteners, or in the alternative,
(2)(b) a four-year college degree in engineering or architecture with a minimum of twelve semester hours of course work in the area of mechanics and strength of materials.
(b)(2) evidence of successful completion of an approved Rides Safety Inspection Course within the previous two calendar years.
Section 41-18-90. Before the commissioner may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the commissioner with proof that he has purchased insurance from an acceptable insurer in an amount not less than five hundred thousand dollars for each occurrence against liability for injury to persons arising out of the use of the amusement device and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established by the commissioner on a case-by-case basis. For purposes of this section, an acceptable insurer for a `permanent device' is an insurer which is either licensed by the Chief Insurance Commissioner in this State or approved by the Chief Insurance Commissioner as a nonadmitted surplus lines carrier for risks located in this State. For a `temporary device' an insurer shall meet either of these requirements or shall meet minimum financial requirements for admission as a licensed company in South Carolina and must be licensed in the `temporary device's' owner's or lessee's home state or must be an approved nonadmitted surplus lines carrier for risks located in that home state. Each policy, by its original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the commissioner. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate notice to the commissioner. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State.
Section 41-18-100. 1.(A) The owner or amusement ride operator may deny any a person entrance to the amusement ride based on the person's size, weight, or physical condition if the owner or amusement ride operator believes the entry may jeopardize the safety of the person desiring entry, riders, or other persons. Denial may not be based on color, race, sex, religion, or national origin.
2.(B) The owner or lessee of any an amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the owner's or lessee's insurer.
3.(C) The owner or lessee of any an amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the commissioner prior to immediately and in no case later than the close of business of the commissioner's next business day.
4.(D) When a serious injury occurs involving the operation of an amusement device, the owner or lessee shall immediately shut down immediately the device from further use. The device may not resume operation until the safety coordinator determines that the serious injury was not caused by a mechanical, or electrical, structural, or other defect in the amusement device.
5.(E) If the safety coordinator determines that a serious injury was caused by a mechanical, or electrical, structural, design or other defect, the device must remain shut down until repairs are completed and the device is considered operational by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector, each of whom must be approved by the commissioner. An affidavit of the inspection and correction of defect must be filed with the commissioner.
Section 41-18-110. The commissioner shall furnish to all owners, lessees, and operators of amusement devices notice of all rights and obligations under the provisions of this chapter upon receipt of permit applications.
Section 41-18-120. The commissioner may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks, and other locations to persons employed at or to persons attending the carnivals, fairs, and amusement parks, and other locations and regarding enforcement of any other provision of this chapter. The commissioner shall promulgate regulations to charge and collect reasonable fees for permits and for inspections and any other activity under the provisions of this chapter as considered necessary by the commissioner for the proper enforcement of the provisions of this chapter. Fees may be set by regulation not more than once each year.
Section 41-18-130. The commissioner is charged with has the affirmative duty of administering and enforcing the provisions of this chapter.
Section 41-18-140. No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for any of the matters covered under and regulated by the provisions of this chapter, and any ordinance, bylaw, or resolution relating to any of the matters covered under and regulated by the provisions of this chapter is void.
Section 41-18-150. 1.(A) Any It is unlawful for a person who to knowingly and wilfully operates operate an amusement device without any of the following:
(a)(1) the permit required by Sections 41-18-50 and 41-18-60; or
(b)(2) the inspections required by Sections 41-18-70 and 41-18-80; or
(c)(3) the insurance required by Section 41-18-90 is subject to a civil penalty not to exceed two thousand dollars for each day the violation continues.; or
(4) compliance with any other provision of this chapter or its regulations.
A person who violates this provision is subject to a civil penalty not to exceed two thousand dollars for each device for each day the violation continues
2.(B) Any It is unlawful for a person who to operates operate an amusement device without any of the following:
(a)(1) the permit required by Sections 41-18-50 and 41-18-60; or
(b)(2) the inspections required by Sections 41-18-70 and 41-18-80; or
(c)(3) the insurance required by Section 41-18-90 is subject to a civil penalty not to exceed a total of two thousand dollars.; or
(4) compliance with any other provision of this chapter or its regulations.
A person who violates this provision is subject to a civil penalty not to exceed a total of two thousand dollars.
3.(C) The commissioner may assess the penalties under this section and, in assessing penalties under subsection 1 of this section (A), shall give due consideration to the appropriateness of the penalty with respect to the size of the owner's or lessee's business, the good faith of the owner or lessee, and his history of previous violation.
4.(D) Revenue derived under this chapter must be remitted to the State Treasurer and deposited by him in the General Fund."
SECTION 2. This act takes effect upon approval by the Governor.