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(1) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or

(2) the National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or

(3) the American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and published by the National Safety Council.

(C) The pulleys must be compatible with the rope size.

(D) Webbing must be of flat, tubular, mountaineering webbing, or the equivalent, with a minimum breaking load of at least four thousand four hundred pounds.

(E) Tape knots must be used on all webbing and the ends must be either stitched down or must be greater than twice the width of the tape.

SECTION 19. (A) Life lines must be attached to all bungee personnel while on the working platform. Life lines must have a minimum breaking load of at least four thousand nine hundred pounds.

(B) Whenever exposed to a fall hazard, the jumper must be attached to a safety harness or bungee cord.

(C) A safety harness and life line attached to the platform must be worn by all bungee personnel while on the working platform. The harness must be either a lower harness or a full-body harness.

SECTION 20. (A) The owner must ensure that:

(1) all bungee cords, carabineers, carabineer straps, safety foam, harnesses, lowering or braking systems and safety gear are regularly inspected and tested as set out in the operations manual and in this chapter. The owner must maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected before further bungee jumping operations are conducted;

(2) all jump rigging, harnesses, lowering or braking systems, and safety gear are of a load rating at least equal to the standards stated in this act.

(C) The owner must replace any ropes which have become damaged.

(D) All ropes, webbing, and bindings must be inspected visually for signs of wear, fraying, or corrosive or damaging substances. Criteria for the planned inspection must be included in the operations manual.

(E) Criteria for the periodic replacement of ropes, webbing, harnesses, and hardware must be included in the operations manual.

(F) The owner must ensure that the bungee jump operation has a current certificate to operate issued by the department.

(G) Any items of equipment or personal protective equipment found to be substandard must be replaced immediately.

(H) Jumping must cease immediately when a substandard item cannot be replaced.

(I) The owner must provide in the operations manual the color codes for the bungee cords used at the bungee site which correspond to different weight classes. There must be a minimum of 4 weight classes or progressions at each bungee site.

SECTION 21. The owner must provide storage to protect equipment from physical, chemical, and ultraviolet ray damage. The storage must be provided for current, replacement, and emergency equipment, organized for easy and orderly access, and secured against unauthorized entry.

SECTION 22. The owner must maintain a fence designed and constructed to restrict people, animals, and objects from entering the tower area, the preparation area, the surface area of the jump space, and all areas specified by the local building code or the mechanical engineer who certifies the bungee operation.

SECTION 23. The owner must provide and maintain or ensure at each bungee site, at a minimum, the following:

(1) there must be a public address system;

(2) there must be a radio communication link or closed telephone circuit on permanent platform sites between the platform and the landing and recovery areas;

(3) bungee jump personnel must be easily identified by other staff and the public. A uniform, or similar clothing, must be worn by bungee staff.

SECTION 24. A sign must be erected at each bungee jumping site reflecting the following: the medical, weight, and age restrictions for jumpers.

SECTION 26. The owner must provide for, maintain, and ensure the following:

(1) at least one jump master must be designated "Safety, Health, and Loss Control Coordinator" and must be certified in CPR and standard first aid;

(2) a comprehensive emergency plan must be developed, practiced, maintained, posted at each bungee jump site, and is included in the operating manual;

(3) training must be provided to all bungee staff relative to emergency procedures, and a record of the training must be kept.

SECTION 27. The owner must provide and maintain emergency procedures for each bungee facility that meet at least the following:

(1) each facility must have an emergency plan contained in the operating manual;

(2) a medium first aid kit must be held on site;

(3) all jump masters must have first aid certificates;

(4) the operations manual must specify the rescue training and qualifications required for all staff on the site;

(5) adequate lighting must be provided at all jump sites that operate after sunset. The lighting system must illuminate the jump point, the jump space, and the landing area;

(6) emergency phone numbers must be posted in a conspicuous place; and

(7) a letter of agreement between the facility and all area emergency response systems whereby the emergency response systems agree to respond to emergency calls from the facility.

SECTION 28. (A) If an accident involving a bungee jump results in death or serious injury, the owner must immediately report the accident to the department and close the bungee jump operation until authorization to resume operations is received from the department.

(B) All accidents relating to a bungee jump operation must be reported to the department within twenty-four hours.

SECTION 29. The owner must maintain at least the following staff at each bungee jump:

(A) Jump master. To be qualified as a jump master, a person must be at least eighteen years of age, and must have had a minimum of two hundred hours, and two hundred and fifty jumps, of incident-free experience as a jump operator under the supervision of a qualified jump

(1) selecting the bungee cord and adjusting the rigging appropriately for each jumper;

(2) taking the jumper through the final stages to the jump take-off. The jump master must be present at the jump point during each jump;

(3) training of the other bungee staff. All training must be conducted by or under the direct supervision of a jump master;

(4) ensuring that the number of jumps being conducted at a site does not prohibit the bungee staff from carrying out all procedures and duties for each job as set out in the manual;

(5) supervising all staff who are in training.

(B) Registration clerk. The owner or jump master must designate a registration clerk at each bungee site with at least the following duties:

(1) registering the jumper;

(2) weighing and marking of weight of the jumper;

(3) controlling movement of jumpers to jump platform.

(C) Operating team. The owner must provide and maintain an operating team for each bungee jump operation. Each operating team must have a minimum of three staff members involved in the oversight of the jump, one of whom must be a jump master and one of whom must be a jump operator.

SECTION 30. It is the owner's responsibility to ensure that staff take regular breaks to ensure that fatigue does not downgrade their ability to operate an incident-free operation. If continuous operation is planned, then backup staff must be available to allow adequate breaks to occur.

SECTION 31. The owner must provide and maintain an operations manual at each bungee site in accordance with the ASTM-Committee F-24 standards and the following requirements:

(1) For each bungee site, there must be an operations manual which describes the system of operation to be used and which addresses, but is not limited to, the following elements:

(a) complete description of all components in the system which must include manufacturers' specifications;

(b) site plan showing a profile of the site defining the jump platform and its supporting structure, the jump area, the jump zone, and the safety space;

(c) complete description of all bungee staff, jumper, and passenger safety equipment with instructions for proper usage;

(d) complete description of all rescue equipment;

(f) complete description of emergency procedures to be taken in all possible scenarios which may occur;

(g) complete description of standard operating procedures of every person employed in the processing of the bungee jumper;

(h) complete description of the reporting to authorities of incidents resulting in injury or death;

(i) complete description of equipment inspection procedures and the recording of those inspections;

(j) complete description of maintenance procedures;

(k) complete description of the method of recording verified qualifications of jump masters employed on the site;

(l) complete description of the criteria for the periodic replacement of hardware, bungee cords, harnesses, and lifelines.

(2) A copy of the operations manual must be maintained at all times on the bungee site during operating hours.

(3) A copy of the operations manual must be submitted to the department. The copy on file at the department must be supplemented when the owner makes revisions to the manual.

SECTION 32. (A) The owner must provide and maintain a written checklist for the daily operating procedures which shall include at least the following:

(1) setting up the site equipment and public amenities;

(2) inspecting and testing of all equipment before beginning daily operations;

(3) inspecting and testing the communication system for proper operation;

(4) inspecting and testing of the jump equipment;

(5) review of the jump procedures with all bungee staff;

(6) review of all emergency procedures with all bungee staff;

(7) conducting test jumps on all bungee cords to be used that day.

(B) The owner must maintain a permanent log of the following daily activities for each bungee site:

(1) confirmation that daily operating procedures were performed and compilation of the corresponding checklist;

(2) compilation of the checklists on jump procedures;

(3) the number of jumps made on each bungee cord which must be done by referencing the permanent identification number of each cord used.

(1) exclusion of all unauthorized persons from the operating area;

(2) registration of jumpers, to include:

(a) name;

(b) age;

(c) weight;

(3) jumper briefing;

(4) removal of loose objects from the jumper;

(5) preparation of the jumper which shall include;

(a) harness;

(b) instructions to the jumper;

(c) selection and adjustment of the bungee cord;

(d) connection of the jumper to the lowering system;

(e) recheck of all connection and harness attachments;

(f) final inspection by jump master;

(g) final inspection of jumper;

(h) countdown to jump;

(i) observation of jump;

(6) landing and recovery of jumper;

(7) off-loading of jumper;

(8) return of jumper to the public area;

(9) retrieval of the bungee cord to the platform.

SECTION 34. (A) The owner must provide and maintain a written check list for the close down procedures which shall include at least the following:

(1) equipment cleaning and inspection including corrective actions, if necessary;

(2) completion of written records as required under this chapter;

(3) the necessary daily maintenance of equipment, structures, and facilities.

(B) Failure to complete each procedure outlined in this section constitutes a violation of this act.

SECTION 35. The following documents must be filed with the department by the owner:

(1) site plan;

(2) initial engineer's certification of site and structure;

(3) initial engineer's certification of equipment;

(4) copy of permit;

(5) proof of insurance;

(6) copy of operations manual;

(8) reports of annual inspections by the department or engineer;

(9) permit renewals.

SECTION 36. (A) The department may revoke any permit issued pursuant to this chapter if it is determined that a bungee jumping facility is:

(1) being operated without the insurance requirements set forth in this chapter;

(2) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to jumpers, bystanders, operators, or attendants;

(3) being operated without the required documentation or paperwork; or

(4) being operated in a manner not consistent with the operations manual.

(B) Any other violation of the provisions of this chapter may result in a revocation and/or a fine, if written notice of noncompliance is served upon the owner or lessee specifying any violation of the provisions of this chapter and directing the owner or lessee to correct the violations within the period specified by the department. In the event the owner or lessee 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 or lessee to determine whether compliance has in fact been met. The Administrative Procedures Act shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter.

(C) Nothing in this chapter prevents an owner or lessee whose permit to operate a bungee jump facility 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 facility in question as promptly as practical, but in no case more than seventy-two hours after the submission of the application.

SECTION 37. (A) Any person who knowingly and willfully operates a bungee jumping facility in violation of any of the provisions of this chapter is subject to a civil penalty not to exceed two thousand dollars for each facility for each day the violation continues.

(B) Any person who operates a bungee jumping facility in violation of any of the provisions of this chapter is subject to a civil penalty not to exceed two thousand dollars.

SECTION 39. This act takes effect sixty days after approval by the Governor./

Amend title to conform.

Rep. D. SMITH explained the amendment.

The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.

Rep. D. SMITH continued speaking.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 3094 be read the third time tomorrow.

The following Bill was taken up.

H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20816SD.94), which was adopted.

Amend the bill, as and if amended, by striking subsection (e) of Section 62- 7-302 of the 1976 Code, as contained in SECTION 1, and inserting:

/"(e) Notwithstanding subsections (a) through (d), the duties of a trustee with respect to acquiring or retaining a contract of insurance upon the life of the trustor, or upon the lives of the trustor and the trustor's spouse, children, or parents do not include a duty to:

(i) determine whether any such contract is or remains a proper investment;

(ii) exercise policy options available under any such contract; or

(iii) diversify any such contract.

The trustee is not liable to the beneficiaries under the instrument or to any other party for any loss arising from the absence of this duty upon the trustee. Except as specifically provided in the trust instrument, the provisions of this subsection apply to any trust established before or after the effective date of this subsection and to any life insurance policy acquired by the trustee before or after the effective date of this subsection."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 4619 be read the third time tomorrow.

The following Bill was taken up.

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford,

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16084AC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 3, 5, and 6 of the bill.

Amend further, by deleting Section 20-7-1644 and inserting:

/Section 20-7-1644. Persons licensed by the South Carolina Department of Social Services to provide foster family care are not liable for losses resulting from acts or omissions within the scope of their obligations as foster parents, when these acts or omissions are made in good faith and do not constitute gross negligence, recklessness, wilfulness, or wantonness.

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