H*3715(Rat #0224, Act #0102)  General Bill, By T.F. Rogers
 A Bill to amend Section 41-16-20, Code of Laws of South Carolina, 1976,
 relating to definitions for purposes of the South Carolina Elevator Code, so
 as to make changes to the definitions of "facility", "dumbwaiter", and
 "dormant facility" and to provide definitions for the terms "temporarily
 decommissioned facility" and "handicap lift"; to amend Section 41-16-40,
 relating to the Elevator Code and the issuance of regulations, so as to
 provide for control or prevention of access to temporarily decommissioned
 facilities and qualifications for obtaining a special inspector's license,
 revocation of a special inspector's license, disqualification of special
 inspectors, and ethics of special inspectors; to amend Section 41-16-100,
 relating to operating permits under the Elevator Code, so as to delete
 references to "permit" and "permits" and substitute "certificate" and
 "certificates" therefor, provide a reference for "handicap lift", delete
 certain language, and provide that certificates must be issued within thirty
 days after determination by the Department of Labor that all deficiencies
 found upon inspection have been corrected and all fees have been paid; to
 amend Section 41-16-110, relating to the Elevator Code and orders, revocation
 of operating permits, and judicial relief, so as to delete provisions relating
 to the Commissioner of Labor ordering a property owner to make changes
 necessary for compliance under certain circumstances, and relating to the
 Commissioner suspending, or revoking an operating permit or refusing to issue
 an operating permit for a facility under certain circumstances; to amend
 Section 41-16-140, relating to fees under the Elevator Code, so as to provide
 that in cases where the fees are not paid within sixty days, the Attorney
 General shall bring an action against the assessed owner or operator, provide
 for the deposit of any amounts collected, and permit the State to be granted
 costs and attorneys' fees for these actions; and to amend Section 41-16-180,
 relating to the Elevator Code and civil penalties, so as to delete the current
 provisions and provide for the assessment of various civil penalties in
 varying amounts under certain circumstances and conditions, require all
 amounts collected under this Section to be turned over to the State Treasurer
 for deposit in the General Fund, and provide that any owner, operator,
 management company, or contractor affected or aggrieved by certain things may
 petition the Commissioner of Labor for administrative review.

   03/16/93  House  Introduced and read first time HJ-4
   03/16/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-5
   04/21/93  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-10
   04/22/93  House  Read second time HJ-33
   04/22/93  House  Unanimous consent for third reading on next
                     legislative day HJ-38
   04/23/93  House  Read third time and sent to Senate HJ-2
   04/27/93  Senate Introduced and read first time SJ-19
   04/27/93  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-20
   05/13/93  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-17
   05/18/93  Senate Read second time SJ-18
   05/18/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-19
   05/19/93  Senate Read third time and enrolled SJ-8
   06/10/93         Ratified R 224
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   06/24/93         Copies available

AN ACT TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.

Be it enacted by the General Assembly of the State of South Carolina:

"Facility" re-defined

SECTION 1. Section 41-16-20(1) of the 1976 Code is amended to read:

"(1) `Facility' means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment."

"Dumbwaiter" re-defined

SECTION 2. Section 41-16-20(6) of the 1976 Code is amended to read:

"(6) `Dumbwaiter' means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, when the floor area does not exceed nine square feet and which is used exclusively for carrying materials."

"Dormant facility" re-defined

SECTION 3. Section 41-16-20(12) of the 1976 Code is amended to read:

"(12) `Dormant facility' means any elevator or dumbwaiter whose cables have been removed and whose car and counterweight rest at the bottom of the shaftway with all doors bolted shut to prevent entry. Hydraulic elevators and handicap lifts may be made dormant by resting the car at the bottom and bolting doors to prevent entry. Escalators, moving walks, or manlifts may be made dormant by barricading the entrances and disconnecting all power feed lines."

Elevator Code; definitions added

SECTION 4. Section 41-16-20 of the 1976 Code is amended by adding:

"(17) `Temporarily decommissioned facility' means a facility that is not in service at the present time but which is expected to be returned to service within three years and whose fuses are removed and power feed lines disconnected.

(18) `Handicap lift' means a lift whose sole purpose is the transportation of handicapped or disabled individuals."

Temporarily decommissioned facilities

SECTION 5. Section 41-16-40 1.f. of the 1976 Code is amended to read:

"f. Control or prevention of access to facilities, temporarily decommissioned facilities, or dormant facilities."

Special inspector's license

SECTION 6. Section 41-16-40 1.h. of the 1976 Code is amended to read:

"h. Qualifications for obtaining a special inspector's license, revocation of a special inspector's license, disqualification of special inspectors, and ethics of special inspectors."

Certificates; etc.

SECTION 7. Section 41-16-100 of the 1976 Code is amended to read:

"Section 41-16-100. Operating certificates must be issued by the commissioner to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no certificates may be issued if the fees required by Section 41-16-140 have not been paid. Certificates must be issued within thirty days after determination by the department that all deficiencies found upon inspection have been corrected and all fees have been paid. No facility may be operated after the thirty days or after any extension granted by the commissioner has expired, unless an operating certificate has been issued.

The operating certificate shall indicate the type of equipment for which it is issued and, in the case of elevators, shall state whether passenger or freight, and also shall state the contract load and speed for each facility. The certificate must be posted conspicuously in the car of an elevator or on or near a dumbwaiter, escalator, moving walk, handicap lift, or manlift."

Provisions deleted

SECTION 8. Section 41-16-110 of the 1976 Code is amended to read:

"Section 41-16-110. If the commissioner has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to injure seriously or cause death to members of the public, the commissioner may apply to the circuit court in the county in which the imminently dangerous condition exists for a temporary order for the purpose of enjoining the imminently dangerous facility. Upon hearing, if considered appropriate by the court, a permanent injunction may be issued to ensure that the imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of the imminently dangerous condition, the temporary or permanent injunction must be vacated."

Action by Attorney General; etc.

SECTION 9. Section 41-16-140 of the 1976 Code is amended by adding:

"In cases where the fees are not paid within sixty days, the Attorney General shall bring an action against the assessed owner or operator. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State. The State may be granted costs and attorneys' fees for such collection actions."

Provisions deleted, added; civil penalty; etc.

SECTION 10. Section 41-16-180 of the 1976 Code is amended to read:

"Section 41-16-180. 1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered.

2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the commissioner of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each such violation.

3. Any owner, operator, or installation contractor who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than two times the applicable permit fee.

4. Any owner, operator, or management company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars.

5. Any owner, operator, or management company who operates a facility after an order of the commissioner declaring that facility dormant, temporarily decommissioned, or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each such violation.

6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State. 7. Any owner, operator, management company, or contractor affected or aggrieved by (a) any act of the commissioner, (b) any citation issued by the commissioner, (c) any penalty assessed by the commissioner, or (d) any abatement period set by the commissioner may petition the commissioner within thirty days of notice of the act complained of for administrative review. The provisions of Article II (Administrative Procedures) of Act 176 of 1977, as amended, shall govern contested cases of this nature."

Time effective

SECTION 11. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.