S 837 Session 109 (1991-1992)
S 0837 General Bill, By J.C. Hayes
A Bill 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.
04/02/91 Senate Introduced and read first time SJ-8
04/02/91 Senate Referred to Committee on Labor, Commerce and
Industry SJ-8
A BILL
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:
"CHAPTER 18
South Carolina Amusement Rides Safety Code
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.
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