H 4565 Session 110 (1993-1994)
H 4565 General Bill, By D. Smith, L.M. Martin, J.J. Snow and Witherspoon
A Bill to provide for the regulation of site and site approval, testing of
equipment, management of the operation, the operating procedures, and the
provisions and emergency procedures relating to bungee jumping facilities and
operations in South Carolina, including provisions for, among other things,
certain fines and penalties.
01/19/94 House Introduced and read first time HJ-30
01/19/94 House Referred to Committee on Labor, Commerce and
Industry HJ-30
05/04/94 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
05/24/94 House Tabled HJ-21
COMMITTEE REPORT
May 4, 1994
H. 4565
Introduced by REPS. D. Smith, Martin, Witherspoon and
Snow
S. Printed 5/4/94--H.
Read the first time January 19, 1994.
THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY
To whom was referred a Bill (H. 4565), to provide for the regulation
of site and site approval, testing of equipment, management of the
operation, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. This act is intended to specify and give guidance as to
the site and site approval, testing of equipment, the management of the
operation, the operating procedures, and the provisions and emergency
procedures relating to bungee operations in this State.
SECTION 2. (A) For purposes of this act, the term "bungee
jumping" includes and refers to the sport, activity, or practice of
jumping, stepping out, dropping, or otherwise being released into the air
while attached or fastened to a cord made of rubber, latex, or other
elastic-type material, whether natural or synthetic, whereby the cord
stops the fall, lengthens and shortens, allows the person to bounce up
and down, and is intended to finally bring the person to a stop at a point
above the surface.
(B) Each bungee operation must be considered a new device.
SECTION 3. (A) The practice of bungee jumping from a device
other than a fixed platform is prohibited in this State.
(B) The practice of bungee jumping using an ankle harness is
prohibited in this State.
(C) The practice of pre-stretching and releasing bungee cords for the
purpose of catapulting jumpers is prohibited in this State.
(D) The practice of bungee jumping over water, sand, or any surface
other than a safety air bag is prohibited in this State.
(E) The practice of tandem or multiple bungee jumping is prohibited
in this State.
(F) The practice of sandbagging is prohibited in this State. For
purposes of this act, "sandbagging" means the practice of
holding onto any object (including another person) while bungee
jumping, for the purpose of exerting more force on the bungee cord in
order to stretch it further, and then releasing the object during the jump
causing the jumper to rebound with more force than could be created by
the jumper's weight alone.
(G) The use of any mechanical lifting device in conjunction with
bungee jumping is prohibited.
SECTION 4. (A) Upon violation of any provision of this act, the
department, as defined in this act, may, in its discretion, impose fines
and penalties on the owner or may suspend, revoke, or otherwise restrict
the operation's permit.
(B) No person may operate a bungee jump operation in this State if
the department has suspended or revoked the operation's permit. No
person may operate a bungee jump operation in this State if the
department has issued a stop operation order or imminent danger order
prohibiting the operation of that bungee operation. Any person who
violates this section is subject to the penalties and remedies provided by
law.
SECTION 5. The following definitions are applicable for the
purposes of this act:
(1) "Air bag" means a device which cradles the body
and which uses an air release breather system to dissipate the energy due
to a fall, thereby allowing the person to land without an abrupt stop or
bounce.
(2) "Binding of cord" means material used to hold the
cord threads in place and which can also protect the cord threads from
damage.
(3) "Breaking load" means the stress or tension steadily
applied and just sufficient to break or rupture.
(4) "Bumper" means a padded sleeve or covering on the
bungee cord and connecting straps or devices to prevent the jumper from
contacting or becoming entangled in the bungee cord or connecting
straps or devices.
(5) "Bungee catapulting" or "reverse bungee
jumping" means the sport, activity, or practice whereby a person
is attached to a bungee cord which is stretched and then released, thus
catapulting or otherwise launching the jumper into the air from a fixed
position. Bungee catapulting is prohibited in this State.
(6) "Bungee cord" means the elastic cord made of
rubber, latex, or other elastic-type materials, whether natural or
synthetic, to which the jumper is attached. Such cord lengthens and
shortens and thus produces a bouncing action.
(7) "Bungee jumping" means the sport, activity, or other
practice of jumping, diving, stepping out, dropping, or otherwise being
released into the air while attached to a bungee cord, whereby the cord
stops the fall, lengthens and shortens, allows the person to bounce up
and down, and is intended to finally bring the person to a stop at a point
above the landing surface.
(8) "Carabineer" means a shaped metal or alloy device
used to connect sections of the jump, equipment, or safety gear.
(9) "Cord" means the same as "bungee
cord".
(10) "Dynamic loading" means the load placed on the
attachments by the initial free fall of the jumper and the bouncing
movements of the jumper.
(11) "Equipment" means each component which is
utilized in a bungee jump operation, including power or manually
operated devices to raise, lower, and hold loads.
(12) "Fence" means a permanent or temporary structure
designed and constructed to restrict people, animals and objects from
entering the designated bungee jumping area.
(13) "Incident" means an event that could or does result
in:
(a) injury to a person,
(b) damage to equipment, or
(c) the interruption or stopping of bungee jumping operations.
(14) "Jump area" means the maximum area in all
directions designed for the movement of the jumper.
(15) "Jump crew" means all personnel who assist the
jump master in preparing a jumper for jumping.
(16) "Jump direction" means the direction in which a
jumper is aimed when jumping from the jump point.
(17) "Jump height" means the distance from where the
jumper begins to fall to the bottom of the jump zone.
(18) "Jump master" means a person who has
responsibility for the bungee jumping operation, and including a person
who takes a jumper through the final stages to the actual jump and who
operates the lowering system whereby the jumper is lowered to the
landing pad.
(19) "Jump operator" means a person who assists the
jump master in preparing a jumper for jumping.
(20) "Jump point" means the position from which the
jumper falls or begins to fall.
(21) "Jump space" means the jump zone plus the safety
space.
(22) "Jump zone" means the space bounded by the
maximum designed movements of the jumper or any part of the jumper.
(23) "Jumper" means the person who falls from a height
attached to a bungee cord.
(24) "Jumper harness" means an assembly to be worn by
a jumper and to be attached to a bungee cord. Such harness is designed
to prevent the jumper from becoming detached from the bungee cord.
(25) "Jumper weight" means the weight of the jumper
only.
(26) "Landing area" means the surface area directly under
the jump space.
(27) "Landing pad" means the padded area on which the
jumper is off-loaded after jumping by means of the lowering appliance
or equipment.
(28) "Lateral direction" means the movement of the
jumper measured at 90 degrees to the designed jump direction.
(29) "Loaded length" means the length of the bungee cord
when extended to its fullest designed length when jumping.
(30) "Lowering system" means the lowering system is a
combination of components that connects the jumper through the bungee
cord to an attachment point on the structure. The system includes, but
is not limited to, ropes, cables, pulleys, carabineers, shackles, and
lowering equipment.
(31) "Operating system" means the system of processing
a jumper through the jump methods used on a particular site, including
registration, preparation, getting to the jump point, methods of
attachment, jumping, lowering system, and the landing recovery method.
(32) "Operations manual" means the document that
contains the procedures and forms for the operation of the bungee
jumping activity and equipment on the stated site.
(33) "Owner" means the person who owns or operates or
both owns and operates, a bungee jumping operation, or the lessee if a
bungee jumping operation or any of its component parts are leased.
(34) "Permanent platform" means the apparatus attached
to a fixed structure from which the jumper falls or jumps.
(35) "Preparation area" means the area where the jumper
is prepared for jumping. It is a separate area on the ground, the support
structure, or part of the platform.
(36) "Professional mechanical engineer" means a person
who holds a valid license as a professional engineer.
(37) "Recovery area" means an area adjacent to the
landing area where the jumper may recover from the jump before
returning to the public area.
(38) "Safe working load" (SWL) means the maximum
rated load which can be safely handled under specified conditions by a
machine, equipment or component of the rigging.
(39) "Safety factor" means the ratio obtained by dividing
the breaking load of any piece of equipment by its safe working load.
(40) "Safety harness" means an assembly to be worn by
a staff member or jumper. It is designed to be attached to a safety line
and to prevent the wearer from becoming detached from the safety line.
(41) "Safety line" means a line used to connect the safety
harness or belt to an anchorage point or rail in situations where there is
a risk of free fall.
(42) "Safety space" means the space extending beyond
the jump zone as a safety factor, that is, the space beyond the maximum
designed movements of the jumper.
(43) "Structure" means a permanent tower or similar
erection that is used, or proposed to be used, for bungee jumping.
(44) "Testing authority" means an organization
acceptable to the department for the purpose of testing the performance
of bungee cords, equipment, and structure.
(45) "Thread" means a single strand of material used in
a bungee cord which is constructed of a varying number of threads.
(46) "Unloaded length" means the length of the bungee
cord lying on a horizontal flat surface without load or stress applied.
(47) "Department" means the Department of Labor,
Licensing and Regulation of the State of South Carolina.
(48) "Director" means the director of the Department of
Labor, Licensing and Regulation or the director's designee.
(49) "Bungee jumping facility" means an establishment
where bungee jumping is performed.
(50) "Webbing" means a flat, tubular, mountaineering
material sewn into double or triple loops used as an attachment on
bungee cords.
(51) "Tape knot" means a knot designed for attachment.
(52) "Serious injury" means an injury that 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.
SECTION 6. (A) It is unlawful for any person to own or operate a
bungee jump facility in this State without first having obtained a permit
from the department.
(B) Any person desiring to own or operate a bungee jump facility in
this State shall file with the department an application in writing on a
form approved by the department accompanied by the appropriate fee.
Such application shall also include the following:
(1) a site operation manual which includes criteria for planned
inspections by the operator;
(2) a report which contains site plans, drawings, specifications of
equipment and structures, equipment locations, safety zones, safety
space, fences, jump zones, and jump space;
(3) proof of insurance coverage meeting the requirements set forth
in this Act;
(4) a licensed mechanical engineer's report certifying that the
design and construction of the structures, equipment, access ways, and
operating areas meet the requirements of:
(a) regulations promulgated pursuant to this Act,
(b) any applicable local laws, codes, or ordinances,
(c) the American Society of Testing and Materials (ASTM)
Committee F-24 Standards on Amusement Rides and Devices, fourth
edition, 1992 (which is adopted and incorporated in this act by reference
and copies of which may be obtained from ASTM, 1916 Race Street,
Philadelphia, PA 19103), and
(d) other applicable government codes, which are certified by
the engineer to be suitable for a bungee jumping operation.
(C) An owner or operator must also submit a revised report to the
department for approval prior to substantially rebuilding, or substantially
modifying, a bungee jump facility.
(D) The department is authorized to charge the following temporary
fees until permanent fees are established by regulation:
(1) an initial permit fee of seven hundred dollars;
(2) an annual renewal fee of four hundred fifty dollars;
(3) a report revision fee of two hundred fifty dollars.
(E) In order to carry out the provisions of this act, the department
shall retain such fees and other funds as may come into its possession
pursuant to this act.
(F) The department must conduct on-site inspections of each
permitted bungee jump facility at least once annually and must also
conduct at least two unannounced on-site inspections per year. The
inspections may be conducted by department personnel or by
independent engineers on an independent contractor basis.
SECTION 7. Before the department may issue a permit to the owner
or lessee of a bungee jumping facility, the owner or lessee of the facility
shall furnish the department with proof that he has purchased insurance
from an acceptable insurer in an amount of not less than one million
dollars per occurrence against liability for injury to persons arising out
of the use of the facility 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 on a case-by-case basis. For
purposes of this section, an acceptable insurer for a facility is an insurer
which is either licensed and in good standing by the Chief Insurance
Commissioner of South Carolina or approved by the Chief Insurance
Commissioner as an eligible surplus lines insurer for risks located in this
State. Each policy, by its original terms or an endorsement, shall
obligate the insurer to give the department thirty days written notice of
any proposed cancellation, suspension, or nonrenewal and a complete
report of the reasons for the cancellation, suspension, or nonrenewal. In
the event the liability insurance is canceled, suspended, or nonrenewed,
the insurer shall give immediate written notice to the department. 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 8. (A) The owner must allow bungee jumps to be
conducted only under the direct control of a jump master.
(B) Adjustments for the weight of each jumper must be made by the
jump master's selection of bungee cords and setting on the lowering
equipment.
SECTION 9. (A) The owner must secure the consent of a parent or
guardian for any jumper who is under the age of 16. The parent or
guardian must be over 18 years old and must sign an authorization
stating he or she is the jumper's parent or guardian and is consenting to
the bungee jump. The authorization must be permanently retained by
the owner with the daily log.
(B) The owner must disclose to each jumper all medical conditions
which may be adversely affected by jumping. The owner must make
disclosure, at a minimum, with respect to the following medical
conditions:
(1) pregnancy;
(2) back or neck injury;
(3) heart condition;
(4) broken bone.
(C) Any jumper who, in the opinion of the bungee staff, represents
a danger to himself or others shall not be allowed to jump.
(D) Jumpers in an intoxicated state shall not be allowed to jump.
SECTION 10. (A) The permanent platform must be operated with
a minimum safe working load (SWL) reflecting a safety factor of not
less than 5, as determined by the maximum load for which the platform
is designed and constructed. If the jump equipment is attached to the
platform as distinct from the structure, the dynamic load factor must be
added to the platform load factor.
(B) Where the platform is not an integral part of the structure, the
attachment devices and the part of the structure to which they are
attached must have a minimum safety factor of at least 5 over the total
design load.
(C) The platform must have a slip resistant floor surface.
(D) The platform must have sufficient working space for a minimum
of three people.
(E) The platform must have anchor points or rails for safety
harnesses which are designed and positioned so as not to impede the
jump operator's movements.
(F) The platform must be fitted with a permanent enclosure to
contain the jumper during preparation.
(G) The jumpers must be prepared for jumping in a place separated
from the jump point.
(H) There must be a gate across the jump point to prevent accidental
opening when there is not a jumper present on the jump point.
(I) The top of all bungee cords on the platform must be securely
attached to the lowering system before each jumper is prepared for
jumping and before jumping occurs. All cord connections must be
visible to the jump master and checked before each jump.
(J) There must be a plate or permanent marking on each platform
indicating the maximum capacity of the platform.
SECTION 11. The jump point shall be no higher than eighty feet
above the landing area.
SECTION 12. (A) The owner must provide a safety air bag for
each bungee jump. The safety air bag must cover the entire surface area
of the jump space. A professional mechanical engineer must certify the
height, width, and length of the safety air bag for the height of each
bungee jump.
(B) The safety air bag height must be certified or rated by the air bag
manufacturer for the height of the bungee jump.
SECTION 13. The owner must comply with the following as to the
landing area, recovery area, and jump space:
(1) these areas must be free of spectators at all times;
(2) these areas must be free of any equipment or staff when a jumper
is being prepared on the jump point and until the bungee cord is at its
static extended state;
(3) the off-loading landing pad or air bag must be positioned before
jumper preparation commences on the platform;
(4) the landing pad must be a clean, smooth, padded surface.
SECTION 14. The owner must provide a system for lowering the
jumper to the landing pad which must be a mechanically powered
system not capable of free fall and operated by the jump master. The
owner must also provide a second person to monitor the lowering of all
jumpers who must be capable of stopping the process if necessary to
avoid injuries to the jumper.
SECTION 15. (A) The bungee cord must be designed and tested
to perform within prescribed limits of stretch and load as stated in this
act.
(B) The cord must be made from natural or synthetic rubber or
blends thereof that may be of various dimensions.
(C) The materials used in the construction of the cord must be such
that the stretched length is consistent each time the same loading is
applied.
(D) For cord binding the following requirements apply:
(1) the binding must hold the cord threads together in their
designed positions;
(2) the binding material must have characteristics or
specifications similar to those of the bungee cord material;
(3) the cord bindings must be intact;
(4) where bindings break during a day's operation, the cord must
be withdrawn from use until the bindings are replaced;
(E) The following requirements apply to bungee cords:
(1) the cord must stretch in the jump to at least 2.5 times its
unloaded length in its designed jumper weight range;
(2) the unloaded length of the system must be less than half the
designed extended length;
(3) with respect to maximum loaded length, the operating length
of a bungee cord at its maximum designed dynamic load must not
exceed four times its unloaded length.
(F) With respect to bungee cord end attachment, each end of the
cord must have an end attachment to connect the cord to the lowering
system and the jumper. The end attachments must be certified by the
manufacturer to be of sufficient size and shape to allow easy attachment
to the jumper harness and to the lowering system and have a minimum
breaking load of at least four thousand four hundred pounds.
(G) With respect to "maximum cord life", the maximum
allowable life of the cord must not exceed one-fourth the tested number
of extensions or three hundred jumps, whichever is lower.
(H) A cord and its nonmetallic connectors must be immediately
withdrawn from use when any of the following occurs:
(1) the cord reaches its maximum cord life as defined in
subsection (F) of this section;
(2) exposure to daylight exceeds two hundred fifty hours;
(3) the cord has been in existence for a period of six months from
the date of manufacture;
(4) the cord material reaches the manufacturer's recommended life
span or two hundred days, whichever is less;
(5) notwithstanding the cord manufacturer's stated maximum cord
life, whenever there is evidence of threads exhibiting wear, such as
bunched threads, uneven tension between threads or thread bands;
(6) when the cord comes into contact with solvents or corrosive
or abrasive substances.
(I) A cord withdrawn from use must be destroyed. The bungee cord
is considered to be destroyed when it is cut into lengths of less than 3
feet.
(J) The owner must ensure that a bumper is used to cover the end of
the bungee cord and all connecting straps and devices, where attached
to the jumper. The bumper must be at least six inches in diameter and
5 feet in length. The bumper must be fastened in such a manner so as to
prevent its slipping up and down the bungee cord.
(K) All bungee cords used in bungee jumping operations must be
designed as to thickness and length for the height of the jump so as to
prevent the looping of the cord around any part of the jumper's body
during a jump.
(L) Each cord must have a permanent serial number. A record
detailing the serial number of the cord used for each jumper must be
retained by the owner for a period of at least three years.
(M) (1) Each manufacturer desiring to utilize a new design of
bungee cord must submit to a professional mechanical engineer for
testing one bungee cord which has been constructed using the standard
method of manufacture, including the bungee and all attachments, and
two three-foot lengths of bungee cord with end attachments to the same
specification. Specifications for each cord must also be submitted to the
engineer and shall include:
(a) the type of material used in the manufacture of the cord; (b) thread specifications, including three hundred percent
elongation, tensile strength, and elongation at breaking point;
(c) dimensions and number of threads in a cross section of the
cord;
(d) method of construction;
(e) method of binding;
(f) jumper weight range for size of cord submitted for testing
to produce the extension from 2.5 times to a maximum of four times the
unloaded length of the cord;
(g) operational range of dynamic loadings.
(2) The engineer must test the bungee cord and certify that the
cord meets the cord specifications as submitted. The full length cord
must be subjected to at least three repeat tests for loading versus
extension in order to establish consistency of extension within the cord
range of loading. The full length cord must be subjected to a loading of
five times the maximum weight of jumper on that particular cord for a
period greater than five minutes and then checked for signs of thread
breakage or other deterioration. This procedure must establish a
minimum safety factor of 5.
(3) The engineer must carry out a cycle frequency test until the
load at three hundred percent extension or four times unloaded length
reduces to less than the maximum load.
(4) Upon completion of this required testing, the engineer must
destroy the full length cord.
(5) For purposes of this section, a new design means:
(a) a change in bungee thread specifications that affects the
performance of the bungee threads or cord;
(b) a change in the manufacturing methods or equipment.
SECTION 16. No bungee jump shall be operated unless the owner
provides and requires each jumper to use a jumper harness that meets the
following requirements:
(1) A jumper harness must be full-body, designed either as a
full-body harness or a sit harness with shoulder straps and must be
certified by a professional mechanical engineer as being in accordance
with the requirements of one of the following:
(a) 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 (adopted and incorporated by reference), 1380 Fairfield
Woods Road, Fairfield, Connecticut 06430; or
(b) the National Fire Protection Association (NFPA) 1983 Fire
Service Life Safety Rope, Harness, and Hardware, 1990 Edition
(adopted and incorporated by reference), copies of which may be
obtained from NFPA, Post Office Box 9101, Quincy, Massachusetts
02269-9101; or
(c) 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, (adopted and incorporated by
reference), copies of which may be obtained from National Safety
Council, 1121 Spring Lake Drive, Itasca, Illinois 60143-3201.
(2) A jumper harness must be available to fit jumpers ranging from
forty pounds to two hundred and fifty pounds and must be properly
adjusted and fitted on each jumper
(3) The jumper harness must be certified by a professional
mechanical engineer as appropriate for use in bungee jumping and must
have a safety factor of not less than 5.
(4) A professional mechanical engineer must certify that the method
of attachment and location of attachment for the jumper harness is the
safest available.
(5) The use of an ankle strapping or ankle harness in bungee
jumping operations is prohibited in this State.
SECTION 17. All ropes for holding or lowering the jumper must
have a breaking load of at least four thousand nine hundred pounds and
must be certified by a professional mechanical engineer as being in
accordance with the requirements of one of the following:
(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.
SECTION 18. (A) Carabineers must be of the steel screw gate
type with a breaking load of at least four thousand four hundred pounds
and must be certified by a professional mechanical engineer as being in
accordance with requirements of one of the following:
(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.
(B) Pulleys and shackles must have a minimum breaking load of at
least 4,400 pounds and must be certified by a professional mechanical
engineer as being in accordance with the requirements of one of the
following:
(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 act.
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.
(B) The owner must replace any equipment or hardware which has
become damaged.
(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 25. The owner must provide and maintain a telephone
communication link to 911, or similar emergency service, within two
hundred feet of the bungee operation.
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
master at a bungee jumping operation. The owner or lessee is
responsible for maintaining records documenting hours logged and
jumps taken. A jump master is responsible for the following:
(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;
(e) complete job description of all personnel employed on the site
with the minimum qualifications of each person and complete detail of
work periods required;
(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.
SECTION 33. The owner must provide and maintain written jump
procedures which must include at least the following procedures:
(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 act;
(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;
(7) first aid certificates;
(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 act if it is determined that a bungee jumping facility is:
(1) being operated without the insurance requirements set forth in
this act;
(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 act 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 act 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 act.
(C) Nothing in this act 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 act, except as
otherwise specifically provided in this act. 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 act 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 act is subject to a civil penalty not to
exceed two thousand dollars.
SECTION 38. Whenever the department has sufficient evidence
that any person is violating any provision of this act, it may, in addition
to all other remedies, order such person to immediately desist and refrain
from such conduct. The department may apply to an administrative law
judge as provided under Article 5 of Chapter 23 of Title 1 for an
injunction restraining the person from such conduct. An administrative
law judge as provided under Article 5 of Chapter 23 of Title 1 may issue
a temporary injunction ex parte, and upon notice and full hearing may
issue any other order in the matter it deems proper. No bond shall be
required of the department by an administrative law judge as provided
under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of
any injunction or order contemplated by the provisions of this section.
SECTION 39. This act takes effect sixty days after approval by the
Governor./
Amend title to conform.
THOMAS C. ALEXANDER, for Committee.
A BILL
TO PROVIDE FOR THE REGULATION OF SITE AND SITE
APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE
OPERATION, THE OPERATING PROCEDURES, AND THE
PROVISIONS AND EMERGENCY PROCEDURES RELATING TO
BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH
CAROLINA, INCLUDING PROVISIONS FOR, AMONG OTHER
THINGS, CERTAIN FINES AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is intended to specify and give guidance as to the
site and site approval, testing of equipment, the management of the
operation, the operating procedures, and the provisions and emergency
procedures relating to bungee operations in this State.
SECTION 2. (A) For purposes of this act, the term "bungee
jumping" includes and refers to permanent platform jumping
facilities.
(B) Each bungee jumping operation is subject to the provisions of
Title 41, Chapter 18, S.C. Code of Laws, Chapter 71 Code of
Regulations, and this act.
(C) Each bungee operation must be considered a new device.
SECTION 3. (A) The practice of bungee jumping from cranes,
bridges, hot air balloons, blimps or any other structure or device which
is not designed for the sole purpose of bungee jumping is prohibited in
this State.
(B) The practice of bungee jumping using an ankle harness is
prohibited in this State.
(C) The practice of pre-stretching and releasing bungee cords for the
purpose of catapulting jumpers is prohibited in this State.
(D) The practice of bungee jumping over water, sand, or any surface
other than a safety air bag is prohibited in this State.
(E) The practice of tandem or multiple bungee jumping is prohibited
in this State.
(F) The practice of sandbagging is prohibited in this State. For
purposes of this act, "sandbagging" means the practice of
holding onto any object (including another person) while bungee
jumping, for the purpose of exerting more force on the bungee cord in
order to stretch it further, and then releasing the object during the jump
causing the jumper to rebound with more force than could be created by
the jumper's weight alone.
SECTION 4. (A) Upon violation of any provision of this act, the
department, as defined in this act, may, in its discretion, impose fines
and penalties on the owner or may suspend, revoke, or otherwise restrict
the operation's permit.
(B) No person may operate a bungee jump operation in this State if
the department has suspended or revoked the operation's permit. No
person may operate a bungee jump operation in this State if the
department has issued a stop operation order or imminent danger order
prohibiting the operation of that bungee operation. Any person who
violates this section is subject to the penalties and remedies provided by
law.
SECTION 5. The following definitions are applicable for the purposes
of this act:
(1) "Air bag" means a device which cradles the body
and which uses an air release breather system to dissipate the energy due
to a fall, thereby allowing the person to land without an abrupt stop or
bounce.
(2) "Binding of cord" means material used to hold the
cord threads in place and which can also protect the cord threads from
damage.
(3) "Breaking load" means the stress or tension steadily
applied and just sufficient to break or rupture.
(4) "Bumper" means a padded sleeve or covering on the
bungee cord and connecting straps or devices to prevent the jumper from
contacting or becoming entangled in the bungee cord or connecting
straps or devices.
(5) "Bungee catapulting" or "reverse bungee
jumping" means the sport, activity, or practice whereby a person
is attached to a bungee cord which is stretched and then released, thus
catapulting or otherwise launching the jumper into the air from a fixed
position. Bungee catapulting is prohibited in this State.
(6) "Bungee cord" means the elastic cord made of
rubber, latex, or other elastic-type materials, whether natural or
synthetic, to which the jumper is attached. Such cord lengthens and
shortens and thus produces a bouncing action.
(7) "Bungee jumping" means the sport, activity, or other
practice of jumping, diving, stepping out, dropping, or otherwise being
released into the air while attached to a bungee cord, whereby the cord
stops the fall, lengthens and shortens, allows the person to bounce up
and down, and is intended to finally bring the person to a stop at a point
above the landing surface.
(8) "Carabineer" means a shaped metal or alloy device
used to connect sections of the jump, equipment, or safety gear.
(9) "Cord" means the same as "bungee
cord".
(10) "Dynamic loading" means the load placed on the
attachments by the initial free fall of the jumper and the bouncing
movements of the jumper.
(11) "Equipment" means each component which is
utilized in a bungee jump operation, including power or manually
operated devices to raise, lower, and hold loads.
(12) "Fence" means a permanent or temporary structure
designed and constructed to restrict people, animals and objects from
entering the designated bungee jumping area.
(13) "Incident" means an event that could or does result
in:
(a) injury to a person,
(b) damage to equipment, or
(c) the interruption or stopping of bungee jumping operations.
(14) "Jump area" means the maximum area in all
directions designed for the movement of the jumper.
(15) "Jump crew" means all personnel who assist the
jump master in preparing a jumper for jumping.
(16) "Jump direction" means the direction in which a
jumper is aimed when jumping from the jump point.
(17) "Jump height" means the distance from where the
jumper begins to fall to the bottom of the jump zone.
(18) "Jump master" means a person who has
responsibility for the bungee jumping operation, and including a person
who takes a jumper through the final stages to the actual jump and who
operates the lowering system whereby the jumper is lowered to the
landing pad.
(19) "Jump operator" means a person who assists the
jump master in preparing a jumper for jumping.
(20) "Jump point" means the position from which the
jumper falls or begins to fall.
(21) "Jump space" means the jump zone plus the safety
space.
(22) "Jump zone" means the space bounded by the
maximum designed movements of the jumper or any part of the jumper.
(23) "Jumper" means the person who falls from a height
attached to a bungee cord.
(24) "Jumper harness" means an assembly to be worn by
a jumper and to be attached to a bungee cord. Such harness is designed
to prevent the jumper from becoming detached from the bungee cord.
(25) "Jumper weight" means the weight of the jumper
only.
(26) "Landing area" means the surface area directly under
the jump space, or, where the lifting appliance moves the jumper so that
landing occurs away from the jump space, the area covered by the
movement of the lifting appliance or part of it, including the area where
the jumper lands.
(27) "Landing pad" means the padded area on which the
jumper is off-loaded after jumping by means of the lowering appliance
or equipment.
(28) "Lateral direction" means the movement of the
jumper measured at 90 degrees to the designed jump direction.
(29) "Loaded length" means the length of the bungee cord
when extended to its fullest designed length when jumping.
(30) "Lowering system" means the lowering system is a
combination of components that connects the jumper through the bungee
cord to an attachment point on the structure. The system includes, but
is not limited to, ropes, cables, pulleys, carabineers, shackles, and
lowering equipment.
(31) "Operating system" means the system of processing
a jumper through the jump methods used on a particular site, including
registration, preparation, getting to the jump point, methods of
attachment, jumping, lowering system, and the landing recovery method.
(32) "Operations manual" means the document that
contains the procedures and forms for the operation of the bungee
jumping activity and equipment on the stated site.
(33) "Owner" means the person who owns or operates or
both owns and operates, a bungee jumping operation, or the lessee if a
bungee jumping operation or any of its component parts are leased.
(34) "Permanent platform" means the apparatus attached
to a fixed structure from which the jumper falls or jumps.
(35) "Preparation area" means the area where the jumper
is prepared for jumping. It is a separate area on the ground, the support
structure, or part of the platform.
(36) "Professional mechanical engineer" means a person
who meets both the following requirements:
(a) a person who holds a valid license as a professional engineer;
and
(b) a person who has either successfully passed an examination
in the discipline of mechanical, electrical, industrial, structural,
aeronautical, or metallurgical engineering, or who has experience and
knowledge of amusement devices and amusement attractions.
(37) "Recovery area" means an area adjacent to the
landing area where the jumper may recover from the jump before
returning to the public area.
(38) "Safe working load" (SWL) means the maximum
rated load which can be safely handled under specified conditions by a
machine, equipment or component of the rigging.
(39) "Safety factor" means the ratio obtained by dividing
the breaking load of any piece of equipment by its safe working load.
(40) "Safety harness" means an assembly to be worn by
a staff member or jumper. It is designed to be attached to a safety line
and to prevent the wearer from becoming detached from the safety line.
(41) "Safety line" means a line used to connect the safety
harness or belt to an anchorage point or rail in situations where there is
a risk of free fall.
(42) "Safety space" means the space extending beyond
the jump zone as a safety factor, that is, the space beyond the maximum
designed movements of the jumper.
(43) "Structure" means a permanent tower or similar
erection that is used, or proposed to be used, for bungee jumping.
(44) "Testing authority" means an organization
acceptable to the department for the purpose of testing the performance
of bungee cords, equipment, and structure.
(45) "Thread" means a single strand of material used in
a bungee cord which is constructed of a varying number of threads.
(46) "Unloaded length" means the length of the bungee
cord lying on a horizontal flat surface without load or stress applied.
(47) "Department" means the Department of Labor,
Licensing and Regulation of the State of South Carolina.
(48) "Director" means the director of the Department of
Labor, Licensing and Regulation or the director's designee.
SECTION 6. (A) Any person who applies to the department for a
permit to operate a bungee jump must include with his application:
(1) a site operation manual;
(2) site plans which must include equipment locations, safety
zones, safety space, fences, jump zones, and jump space;
(3) proof of insurance coverage meeting the requirements set out
in this act.
(B) The department may also require a registered engineer's report
confirming that the design and construction of the equipment to be used
meet engineering standards acceptable to the department and confirming
compliance with all applicable local codes.
(C) Before commencing bungee jump operations, the owner must
submit to the department a professional mechanical engineer's report
certifying that the design and construction of the structures, equipment,
access ways, and operating areas meet the requirements of:
(1) Title 41, Chapter 18, of the 1976 Code of Laws,
(2) R71-4960,
(3) any applicable local laws or ordinances,
(4) the American Society of Testing and Materials (ASTM)
Committee F-24 Standards on Amusement Rides and Devices, fourth
edition, 1992 (which is adopted and incorporated in this act by reference
and copies of which may be obtained from ASTM, 1916 Race Street,
Philadelphia, PA 19103), and
(5) other applicable government codes, which are certified by the
engineer to be suitable for a bungee jumping operation.
The engineer's report also must contain site plans, safety zones,
drawings, and specifications of equipment and structures, certification
of the safety air bag, certification of the jumper safety harness,
certification of the jump worthiness of the bungee cords to be used, and
certification that the methods of attachment and location of attachment
are the safest available.
(D) Engineering inspections must be conducted annually and each
and every time a bungee jump operation is substantially rebuilt,
substantially modified, or relocated.
(E) (1) The operator must obtain a permit from the department to
operate on the site. The initial permit fee is five hundred dollars. Each
permit must be renewed annually at a cost of two hundred fifty dollars.
(2) The cost of one annual inspection must be included in the
annual permit renewal.
(3) (a) A report shall contain site plans, safety zones, drawings,
and specifications of equipment and structures which must be submitted
to the department before construction.
(b) Inspections must be conducted at the discretion of the
department and may be conducted by department personnel or by
independent engineers on an independent contractor basis.
SECTION 7. The owner must maintain liability insurance in an
amount of not less than one million dollars per occurrence insuring the
owner or lessee against liability for injury to person arising out of the
use of a bungee jump. The owner must provide sufficient proof of
insurance to the department before commencing bungee jump operations
in this State and at any other time upon request of the department. When
a claim in excess of, or a combination of claims exceeding $100,000 is
made, the owner must close the bungee jump until there is a
reinstatement of insurance value and must notify the department.
SECTION 8. (A) The owner must allow bungee jumps to be
conducted only under the direct control of a site manager.
(B) Adjustments for the weight of each jumper must be made by the
jump master's selection of bungee cords and setting on the lowering
equipment.
SECTION 9. (A) The owner must secure the consent of a parent or
guardian for any jumper who is under the age of 18. The parent or
guardian must be over 18 years old and must sign an authorization
stating he or she is the jumper's parent or guardian and is consenting to
the bungee jump. The authorization must be permanently retained by
the owner with the daily log.
(B) The owner must disclose to each jumper all medical conditions
which may be adversely affected by jumping. The owner must make
disclosure, at a minimum, with respect to the following medical
conditions:
(1) pregnancy;
(2) back or neck injury;
(3) heart condition;
(4) broken bone.
(C) Any jumper who, in the opinion of the bungee staff, represents
a danger to himself or others shall not be allowed to jump.
(D) Jumpers in an intoxicated state shall not be allowed to jump.
SECTION 10. (A) The permanent platform must be operated with
a minimum safe working load (SWL) reflecting a safety factor of not
less than 5, as determined by the maximum load for which the platform
is designed and constructed. If the jump equipment is attached to the
platform as distinct from the structure, the dynamic load factor must be
added to the platform load factor.
(B) Where the platform is not an integral part of the structure, the
attachment devices and the part of the structure to which they are
attached must have a minimum safety factor of at least 5 over the total
design load.
(C) The platform must have a slip resistant floor surface.
(D) The platform must have sufficient working space for a minimum
of three people.
(E) The platform must have anchor points or rails for safety
harnesses which are designed and positioned so as not to impede the
jump operator's movements.
(F) The platform must be fitted with a permanent enclosure to
contain the jumper during preparation.
(G) The jumpers must be prepared for jumping in a place separated
from the jump point.
(H) There must be a gate across the jump point to prevent accidental
opening when there is not a jumper present on the jump point.
(I) The top of all bungee cords on the platform must be securely
attached to the lowering system before each jumper is prepared for
jumping and before jumping occurs. All cord connections must be
visible to the jump master and checked before each jump.
(J) There must be a plate or permanent marking on each platform
indicating the maximum capacity of the platform.
SECTION 11. No bungee jump shall exceed a height of 80 feet,
measured from the bottom of the jump point. These provisions are for
a seventy-five-foot tower. Any different height must be regulated by its
own safety standards. All or part of these provisions may or may not
apply to other heights.
SECTION 12. (A) The owner must provide a safety air bag for each
bungee jump. The safety air bag must cover the entire surface area of
the jump space. A professional mechanical engineer must certify the
height, width, and length of the safety air bag for the height of each
bungee jump.
(B) The safety air bag height must be certified or rated by the air bag
manufacturer for the height of the bungee jump.
SECTION 13. The owner must comply with the following as to the
landing area, recovery area, and jump space:
(1) these areas must be free of spectators at all times;
(2) these areas must be free of any equipment or staff when a jumper
is being prepared on the jump point and until the bungee cord is at its
static extended state;
(3) the off-loading landing pad or air bag must be positioned before
jumper preparation commences on the platform;
(4) the landing pad must be a clean, smooth, padded surface.
SECTION 14. The owner must provide a system for lowering the
jumper to the landing pad which must be a mechanically powered
system not capable of free fall and operated by the jump master. The
owner must also provide a second person to monitor the lowering of all
jumpers who must be capable of stopping the process if necessary to
avoid injuries to the jumper.
SECTION 15. (A) The bungee cord must be designed and tested to
perform within prescribed limits of stretch and load as stated in this act.
(B) The cord must be made from natural or synthetic rubber or
blends thereof that may be of various dimensions.
(C) The materials used in the construction of the cord must be such
that the stretched length is consistent each time the same loading is
applied.
(D) For cord binding the following requirements apply:
(1) the binding must hold the cord threads together in their
designed positions;
(2) the binding material must have characteristics or
specifications similar to those of the bungee cord material;
(3) the cord bindings must be intact;
(4) where bindings break during a day's operation, the cord must
be withdrawn from use until the bindings are replaced;
(E) The following requirements apply to bungee cords:
(1) the cord must stretch in the jump to at least 2.5 times its
unloaded length in its designed jumper weight range;
(2) the unloaded length of the system must be less than half the
designed extended length;
(3) with respect to maximum loaded length, the operating length
of a bungee cord at its maximum designed dynamic load must not
exceed four times its unloaded length.
(F) With respect to bungee cord end attachment, each end of the
cord must have an end attachment to connect the cord to the lowering
system and the jumper. The end attachments must be tested by a
professional mechanical engineer and must be of sufficient size and
shape to allow easy attachment to the jumper harness and to the
lowering system. The end attachment must have a minimum breaking
load of at least four thousand four hundred pounds.
(G) With respect to "maximum cord life", the maximum
allowable life of the cord must not exceed one-fourth the tested number
of extensions or three hundred jumps, whichever is lower.
(H) A cord and its nonmetallic connectors must be immediately
withdrawn from use when any of the following occurs:
(1) the cord reaches its stated jump life;
(2) exposure to daylight exceeds two hundred fifty hours;
(3) the cord has been in existence for a period of six months from
the date of manufacture;
(4) the cord material reaches the manufacturer's recommended life
span or two hundred days, whichever is less;
(5) there is evidence of threads exhibiting wear, such as bunched
threads, uneven tension between threads or thread bands;
(6) as the bungee cord stretches over the course of its jump life,
the load required to extend the bungee to four times its unloaded length
will reduce; when this load reduces to less than the minimum designed
load, the cord must be discarded;
(7) when the cord comes into contact with solvents or corrosive
or abrasive substances.
(I) A cord withdrawn from use must be destroyed. The bungee cord
is considered to be destroyed when it is cut into lengths of less than 3
feet.
(J) The owner must ensure that a bumper is used to cover the end of
the bungee cord and all connecting straps and devices, where attached
to the jumper. The bumper must be at least six inches in diameter and
5 feet in length. The bumper must be fastened in such a manner so as to
prevent its slipping up and down the bungee cord.
(K) All bungee cords used in bungee jumping operations must be
designed as to thickness and length for the height of the jump so as to
prevent the looping of the cord around any part of the jumper's body
during a jump.
(L) Each cord must have a permanent serial number. A record
detailing the serial number of the cord used for each jumper must be
retained by the owner for a period of at least three years.
(M) (1) Each manufacturer desiring to utilize a new design of
bungee cord must submit to a professional mechanical engineer for
testing one bungee cord which has been constructed using the standard
method of manufacture, including the bungee and all attachments, and
two three-foot lengths of bungee cord with end attachments to the same
specification. Specifications for each cord must also be submitted to the
engineer and shall include:
(a) the type of material used in the manufacture of the cord; (b) thread specifications, including three hundred percent
elongation, tensile strength, and elongation at breaking point;
(c) dimensions and number of threads in a cross section of the
cord;
(d) method of construction;
(e) method of binding;
(f) jumper weight range for size of cord submitted for testing
to produce the extension from 2.5 times to a maximum of four times the
unloaded length of the cord;
(g) operational range of dynamic loadings.
(2) The engineer must test the bungee cord and certify that the
cord meets the cord specifications as submitted. The full length cord
must be subjected to at least three repeat tests for loading versus
extension in order to establish consistency of extension within the cord
range of loading. The full length cord must be subjected to a loading of
five times the maximum weight of jumper on that particular cord for a
period greater than five minutes and then checked for signs of thread
breakage or other deterioration. This procedure must establish a
minimum safety factor of 5.
(3) The engineer must carry out a cycle frequency test until the
load at three hundred percent extension or four times unloaded length
reduces to less than the maximum load.
(4) Upon completion of this required testing, the engineer must
destroy the full length cord.
(5) For purposes of this section, a new design means:
(a) a change in bungee thread specifications that affects the
performance of the bungee threads or cord;
(b) a change in the manufacturing methods or equipment.
SECTION 16. No bungee jump shall be operated unless the owner
provides and requires each jumper to use a jumper harness that meets the
following requirements:
(1) A jumper harness must be full-body, designed either as a
full-body harness or a sit harness with shoulder straps and must be
certified by a professional mechanical engineer as being in accordance
with the requirements of one of the following:
(a) 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 (adopted and incorporated by reference), 1380 Fairfield
Woods Road, Fairfield, Connecticut 06430; or
(b) the National Fire Protection Association (NFPA) 1983 Fire
Service Life Safety Rope, Harness, and Hardware, 1990 Edition
(adopted and incorporated by reference), copies of which may be
obtained from NFPA, Post Office Box 9101, Quincy, Massachusetts
02269-9101; or
(c) 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, (adopted and incorporated by
reference), copies of which may be obtained from National Safety
Council, 1121 Spring Lake Drive, Itasca, Illinois 60143-3201.
(2) A jumper harness must be available to fit the range of person
sizes accepted for jumping and must be properly adjusted and fitted on
each jumper.
(3) The jumper harness must be certified by a professional
mechanical engineer as appropriate for use in bungee jumping and must
have a safety factor of not less than 5.
(4) A professional mechanical engineer must certify that the method
of attachment and location of attachment for the jumper harness is the
safest available.
(5) The use of an ankle strapping or ankle harness in bungee
jumping operations is prohibited in this State.
SECTION 17. All ropes for holding or lowering the jumper must
have a breaking load of at least four thousand nine hundred pounds and
must be certified by a professional mechanical engineer as being in
accordance with the requirements of one of the following:
(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.
SECTION 18. (A) Carabineers must be of the steel screw gate type
with a breaking load of at least four thousand four hundred pounds and
must be certified by a professional mechanical engineer as being in
accordance with requirements of one of the following:
(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.
(B) Pulleys and shackles must have a minimum breaking load of at
least 4,400 pounds and must be certified by a professional mechanical
engineer as being in accordance with the requirements of one of the
following:
(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) In a bungee jump operation which utilizes a tower, the jumper
must be attached to a safety harness or bungee cord before reaching the
jump point.
(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 jump equipment, harnesses, lowering or braking systems
and safety gear are regularly inspected and tested as set out in the
operations manual and in this act. 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 being 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.
(B) The owner must replace any equipment or hardware which has
become damaged.
(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 25. The owner must provide and maintain a telephone
communication link to 911, or similar emergency service, within two
hundred feet of the bungee operation.
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, and posted at each bungee jump site;
(3) the emergency plan must be included in the operating manual;
(4) 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 site that meet at least the following:
(1) each site must have an emergency plan;
(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.
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:
(1) 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 one thousand jumps, of incident-free experience as
a jump operator under the supervision of a qualified jump master at a
bungee jumping operation. A jump master is responsible for the
following:
(a) selecting the bungee cord and adjusting the rigging
appropriately for each jumper;
(b) 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;
(c) training of the other bungee staff. All training must be
conducted by or under the direct supervision of a jump master;
(d) 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;
(e) supervising all staff who are in training.
(2) Registration clerk. The owner or jump master must designate a
registration clerk at each bungee site with at least the following duties:
(a) registering the jumper;
(b) providing all notices and warnings to potential jumpers as
required under Title 41, Chapter 18, of the 1976 Code of Laws, and
under this act;
(c) weighing and marking of weight on the jumper;
(d) controlling movement of jumpers to jump platform.
(3) 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, one of whom must be a
jump master. 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;
(e) complete job description of all personnel employed on the site
with the minimum qualifications of each person and complete detail of
work periods required;
(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
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.
SECTION 33. The owner must provide and maintain written jump
procedures which must include at least the following procedures:
(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;
(2) completion of written records as required under Title 41,
Chapter 18, of the 1976 Code of Laws, and under this act;
(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;
(7) first aid certificates;
(8) reports of annual inspections by the department or engineer;
(9) permit renewals.
SECTION 36. This act takes effect sixty days after approval by the
Governor.
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