S*1264 Session 106 (1985-1986)
S*1264(Rat #0600, Act #0514 of 1986) General Bill, By McConnell
A Bill to amend Sections 41-18-40, 41-18-80, 41-18-90, and 41-18-120, Code of
Laws of South Carolina, 1976, relating to the South Carolina Amusement Rides
Safety Code, so as to define special inspector and his qualifications, provide
that a permanent amusement device must be inspected by a special inspector or
by the Commissioner of the Department of Labor and annually by one of these
same officials, and that a temporary amusement device must be inspected by the
same officials, require that the sponsor of a fair or carnival make a visual
inspection from a checklist supplied by the Commissioner of Labor, and require
the owner or lessee of an amusement device to furnish the Commissioner of
Labor proof of purchase of liability insurance for injury to persons using the
device.-amended title
04/22/86 Senate Introduced, read first time, placed on calendar
without reference SJ-2195
04/24/86 Senate Read second time SJ-2282
04/29/86 Senate Read third time and sent to House SJ-2363
04/30/86 House Introduced and read first time HJ-2709
04/30/86 House Referred to Committee on Labor, Commerce and
Industry HJ-2709
05/20/86 House Committee report: Favorable Labor, Commerce and
Industry HJ-3103
05/28/86 House Debate adjourned until Tuesday, June 3, 1986 HJ-3422
06/03/86 House Amended HJ-3588
06/03/86 House Read second time HJ-3590
06/04/86 House Read third time HJ-3652
06/04/86 House Returned HJ-3652
06/05/86 Senate Concurred in House amendment and enrolled SJ-3701
06/05/86 Ratified R 600
06/12/86 Signed By Governor
06/12/86 Effective date 06/12/86
06/12/86 Act No. 514
06/20/86 Copies available
(A514, R600, S1264)
AN ACT TO AMEND SECTIONS 41-18-40, 41-18-80, 41-18-90, AND 41-18-120, RELATING
TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL
INSPECTOR AND HIS QUALIFICATIONS, PROVIDE THAT A PERMANENT AMUSEMENT DEVICE MUST
BE INSPECTED BY A SPECIAL INSPECTOR OR BY THE COMMISSIONER OF THE DEPARTMENT OF
LABOR AND ANNUALLY BY ONE OF THESE SAME OFFICIALS, AND THAT A TEMPORARY AMUSEMENT
DEVICE MUST BE INSPECTED BY THE SAME OFFICIALS, REQUIRE THAT THE SPONSOR OF A
FAIR OR CARNIVAL MAKE A VISUAL INSPECTION FROM A CHECKLIST SUPPLIED BY THE
COMMISSIONER OF LABOR, AND REQUIRE THE OWNER OR LESSEE OF AN AMUSEMENT DEVICE TO
FURNISH THE COMMISSIONER OF LABOR PROOF OF PURCHASE OF LIABILITY INSURANCE FOR
INJURY TO PERSONS USING THE DEVICE.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 41-18-40 of the 1976 Code, added by Act 103 of 1985, is
amended by adding:
"(12) 'Special inspector' means an inspector licensed by the commissioner
and not employed by the department."
Inspection of amusement device
SECTION 2. Section 41-18-80 of the 1976 Code, added by Act 103 of 1985, is
amended to read:
"Section 41-18-80. 1. In the case of a permanent device, the amusement
device must be inspected by the commissioner or his designee or special
inspector. Thereafter, as a requirement for the issuance of each subsequent
permit, the amusement device must be inspected at least annually by the
commissioner or his designee or by a special inspector. The inspection shall at
minimum comply with the requirements of the commissioner. An affidavit of the
annual inspection must be filed with the commissioner.
2. In the case of a temporary device, upon first entry into the State, the
amusement device must be inspected by the commissioner or his designee or special
inspector for the permit to be issued. Thereafter, the amusement device must be
inspected at least annually by the commissioner or his designee or a special
inspector. The inspection must at minimum comply with the requirements of the
commissioner. An affidavit of the annual inspection must be filed with the
commissioner.
3. In the case of a temporary device, upon first entry into the State, the
amusement device only requires visual inspection by the commissioner as to the
device being correctly assembled if: (a) the owner or lessee of the device
supplies a valid and current certificate of inspection from another jurisdiction,
and (b) that jurisdiction providing this certificate of inspection offers similar
reciprocity for certificates of inspection issued by the South Carolina
Commissioner of Labor.
4. In the case of an amusement device which is substantially rebuilt or
substantially modified so as to change the structure, mechanism, or capacity of
the device, the owner or lessee shall give written notice to the commissioner who
shall cause the device to be inspected prior to the time in which it is put into
operation and who shall cause any current permit to be updated so as to include
any modifications made to the device.
5. In the event an operator is unable to secure an inspection by a special
inspector within one year from the date of the previous inspection, the previous
inspection is considered valid for purposes of this chapter for a period of
thirty additional days, if the operator made an inspection request to any of
those individuals qualified to make the inspection at least sixty days prior to
the inspection anniversary date.
6. Upon proper presentation of credentials, the commissioner, his inspectors,
his agents, or his designees may enter unannounced and inspect amusement devices
at reasonable times and in a reasonable manner and have the right to question any
owner, manager, or agent of the owner, to inspect, investigate, photograph, and
sample all pertinent places, areas, and devices, and to examine and reproduce all
pertinent documents and records for the purpose of enforcing the provisions of
this chapter. No fee may be charged for these unannounced inspections.
7. No amusement device which fails to pass an inspection may be operated for
public use until it has passed a subsequent inspection.
8. Each sponsor of a fair or carnival and the owner of the land or their
designees, upon which the fair or carnival is located shall make a visual
inspection of each amusement device at least once each week during the period the
fair or carnival is operating. The commissioner shall provide a checklist for
this inspection. If an unsafe amusement device or condition is discovered, it
must be immediately reported to the commissioner.
9. A special inspector shall have the following qualifications:
(a) (1) at least five years experience in amusement device maintenance
and safety, and completion of approved courses in materials inspection and
testing and in fasteners, or in the alternative,
(2) a four-year college degree in engineering or architecture with a
minimum of twelve semester hours of course work in the area of mechanics and
strength of materials.
(b) Evidence of successful completion of an approved Rides Safety
Inspection Course within the previous two calendar years."
Commissioner may promulgate regulations
SECTION 3. Section 41-18-120 of the 1976 Code, added by Act 103 of 1985, is
amended to read:
"Section 41-18-120. The commissioner may promulgate regulations
consistent with this chapter guarding against personal injuries in the assembly,
disassembly, and use of amusement devices at carnivals, fairs, and amusement
parks to persons employed at or to persons attending the carnivals, fairs, and
amusement parks and regarding enforcement of any other provision of this chapter.
The commissioner shall promulgate regulations to charge and collect reasonable
fees for permits and for inspections and any other activity under the provisions
of this chapter as considered necessary by the commissioner for the proper
enforcement of the provisions of this chapter. Fees may be set by regulation not
more than once each year."
Proof of insurance
SECTION 3A. Section 41-18-90 of the 1976 Code, added by Act 103 of 1985, is
amended to read:
"Section 41-18-90. Before the commissioner may issue a permit to the
owner or lessee of an amusement device, the owner or lessee of the device shall
furnish the commissioner with proof that he has purchased insurance from an
acceptable insurer in an amount not less than five hundred thousand dollars for
each occurrence against liability for injury to persons arising out of the use
of the amusement device and that the policy of liability is in effect. The
amount of the deductible provision in the policy of insurance is dependent upon
the owner's or the lessee's proof of financial responsibility and must be
established by the commissioner on a case-by-case basis. For purposes of this
section, an acceptable insurer for a 'permanent device' is an insurer which is
either licensed by the Chief Insurance Commissioner in this State or approved by
the Chief Insurance Commissioner as a nonadmitted surplus lines carrier for risks
located in this State. For a 'temporary device' an insurer shall meet either of
these requirements or shall meet minimum financial requirements for admission as
a licensed company in South Carolina and must be licensed in the 'temporary
device's' owner's or lessee's home state or must be an approved nonadmitted
surplus lines carrier for risks located in that home state. Each policy, by its
original terms or an endorsement, shall obligate the insurer that it will not
cancel, suspend, or nonrenew the policy without thirty days' written notice of
the proposed cancellation, suspension, or nonrenewal and a complete report of the
reasons for the cancellation, suspension, or nonrenewal being given to the
commissioner. In the event the liability insurance is cancelled, suspended, or
nonrenewed, the insurer shall give immediate notice to the commissioner. This
section may not be construed to expand any of the rights granted the employees
of the owners, operators, or lessees under the workers' compensation laws of this
State."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |