H*2061 Session 106 (1985-1986)
H*2061(Rat #0148, Act #0103 of 1985) General Bill, By H.E. Pearce
Similar(S 66)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 16
to Title 41, so as to enact the "South Carolina Elevator Code", including
provisions for, among other things, penalties for violations and fees; and by
adding Chapter 18 to Title 41, so as to enact the "South Carolina Amusement
Rides Safety Code", including provisions for, among other things, penalties
for violations and fees.-amended title
12/31/84 House Prefiled
12/31/84 House Referred to Committee on Labor, Commerce and Industry
01/08/85 House Introduced and read first time HJ-161
01/08/85 House Referred to Committee on Labor, Commerce and
Industry HJ-161
03/13/85 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1253
03/14/85 House Amended HJ-1348
03/14/85 House Read second time HJ-1356
03/15/85 House Read third time and sent to Senate HJ-1374
03/19/85 Senate Introduced and read first time SJ-905
03/19/85 Senate Referred to Committee on Judiciary SJ-905
04/10/85 Senate Committee report: Favorable with amendment
Judiciary SJ-1442
04/18/85 Senate Amended SJ-1614
04/18/85 Senate Read second time SJ-1624
04/23/85 Senate Read third time SJ-1720
04/23/85 Senate Returned SJ-1720
05/01/85 House Debate adjourned on Senate amendments until
5/7/85 HJ-2856
05/08/85 House Concurred in Senate amendment and enrolled HJ-3033
05/15/85 Ratified R 148
05/21/85 Signed By Governor
05/21/85 Effective date 01/01/86
05/21/85 Act No. 103
06/03/85 Copies available
(A103, R148, H2061)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16
TO TITLE 41, SO AS TO ENACT THE "SOUTH CAROLINA ELEVATOR CODE",
INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, PENALTIES FOR VIOLATIONS AND FEES;
AND BY ADDING CHAPTER 18 TO TITLE 41, SO AS TO ENACT THE "SOUTH CAROLINA
AMUSEMENT RIDES SAFETY CODE", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS,
PENALTIES FOR VIOLATIONS AND FEES.
Be it enacted by the General Assembly of the State of South Carolina:
Elevator Code enacted
SECTION 1. The 1976 Code is amended by adding to Title 41:
"CHAPTER 16
South Carolina Elevator Code
Section 41-16-10. This chapter is known and may be cited as the 'South Carolina
Elevator Code'.
Section 41-16-20. As used in this chapter, except as otherwise expressly
provided:
(1) 'Facility' means any elevator, dumbwaiter, escalator, moving walk, or
manlift subject to regulation under the provisions of this chapter and includes
hoistways, rails, guides, and all other related mechanical and electrical
equipment.
(2) 'Alteration' means any change made to an existing facility, other than
the repair or replacement of damaged, worn, or broken parts necessary for normal
maintenance.
(3) 'Department' means the South Carolina Department of Labor.
(4) 'Commissioner' means the Commissioner of the South Carolina Department
of Labor or his designee or representative.
(5) 'Elevator' means a hoisting and lowering mechanism equipped with a car
or platform which moves in guides in a substantially vertical direction and which
serves two or more floors of a building or structure. The term elevator does not
include a dumbwaiter, endless belt, conveyor, chain or bucket hoist, construction
hoist, or other device used for the primary purpose of elevating or lowering
building or other materials and not used as a means of conveyance for
individuals, nor does it include tiering, piling, feeding, or other machines or
devices giving service within only one story.
(6) 'Dumbwaiter' means a hoisting and lowering mechanism equipped with a car
which moves in guides in a substantially vertical direction, when the floor area
does not exceed nine square feet, the total compartment height does not exceed
four feet, the capacity does not exceed five hundred pounds, and which is used
exclusively for carrying materials.
(7) 'Escalator' means a power-driven, inclined, continuous stairway used for
raising or lowering passengers.
(8) 'Moving walk' means a type of passenger-carrying device on which
passengers stand or walk, and in which the passenger-carrying surface remains
parallel to its direction in motion and is uninterrupted.
(9) 'Manlift' means a device consisting of a power-driven endless belt,
provided with steps or platforms and handholds attached to it for the
transportation of persons from floor to floor.
(10) 'Passenger elevator' means an elevator used to carry persons other than
the operator and person necessary for loading and unloading.
(11) 'Freight elevator' means an elevator used for carrying freight and on
which only the operator and persons necessary for unloading and loading the
freight are permitted to ride.
(12) 'Dormant facility' means an elevator or dumbwaiter whose cables have been
removed, whose car and counterweight rest at the bottom of the shaftway, and
whose shaftway doors are permanently boarded up or barricaded so that entry into
the shaft through each door or other entryway is substantially precluded, or an
escalator, moving walk, or manlift, the main power feed lines of which have been
disconnected, and the top and bottom entrances of which have been permanently
boarded up or barricaded.
(13) 'New installation' means a facility the construction or relocation of
which is begun, or for which an application for a new installation permit is
filed, on or after the effective date of regulations relating to those permits
adopted by the commissioner under authority of this chapter. All other
installations are existing installations.
(14) 'Inspector' means an inspector employed by the department for the purpose
of administering this chapter.
(15) 'Special inspector' means an inspector licensed by the commissioner and
not employed by the department.
(16) 'Provisions of this chapter' include regulations promulgated by the
commissioner pursuant to this chapter.
Section 41-16-30. The provisions of this chapter do not apply to any facility
installed in any single private dwelling residence or to facilities over which
an agency of the federal government is asserting similar enforcement
jurisdiction. Provisions of this chapter supersede similar provisions contained
in building codes of this State or of any political subdivision of this State.
Section 41-16-40. 1. The commissioner shall promulgate regulations governing
maintenance, construction, alteration, and installation of facilities and the
inspection and testing of new and existing installations as necessary to provide
for the public safety and to protect the public welfare. These regulations
include, but are not limited to, regulations providing for:
a. Classifications of types of facilities.
b. Maintenance, inspection, testing, and operation of the various classes
of facilities.
c. Construction of new facilities.
d. Alteration of existing facilities.
e. Mimimum safety requirements for all existing facilities.
f. Control or prevention of access to facilities or dormant facilities.
g. The reporting of accidents and injuries arising from the use of
facilities.
h. Qualifications for obtaining an inspector's license.
i. The adoption of procedures for the issuance of variances.
j. The amount of fees charged and collected for inspection, permits, and
licenses. Fees must be set at an amount sufficient to cover costs as determined
from consideration of the reasonable time required to conduct an inspection,
reasonable hourly wages paid to inspectors, and reasonable transportation and
similar expenses.
2. Insofar as applicable, regulations adopted for facilities installed after
January 1, 1986, must be based on the American National Standard Safety Code for
Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements thereto,
A.17.1. The commissioner shall promulgate regulations for facilities installed
prior to January 1, 1986, according to the applicable provisions of the American
National Standard Safety Code as he considers necessary. In promulgating
regulations the commissioner may adopt the American National Standard Safety
Code, or any part of it, by reference.
3. The commissioner shall furnish copies of the regulations promulgated by him
to any person who requests them, without charge, or upon payment of a charge not
to exceed the actual cost of printing of the regulations.
Section 41-16-50. The commissioner is charged with the affirmative duty of
administering and enforcing the provisions of this chapter.
Section 41-16-60. Within three months after the date of promulgation of
regulations under this chapter relating to registration of facilities, the owner
of every existing facility, whether or not dormant, shall register each facility
with the commissioner, giving type, contract load and speed, name of
manufacturer, its location, and the purpose for which it is used and any other
information the commissioner may require. Registration must be made on a form
to be furnished by the department upon request. Facilities the construction of
which are commenced subsequent to the date of promulgation of those regulations
must be registered in the manner prescribed by the commissioner.
Section 41-16-70. All new and existing facilities, except dormant facilities,
must be tested and inspected in accordance with the following schedule:
1. Every new or altered facility must be inspected and tested before the
operating permit is issued.
2. Every existing facility registered with the commissioner must be inspected
within one year after the effective date of the registration, except that the
commissioner may, at his discretion, extend by regulation the time specified for
making inspections.
3. Every facility must be inspected not less frequently than annually, except
that the commissioner may adopt regulations providing for inspections of
facilities at intervals other than annually.
4. The inspections required by items 1 to 3 of this section must be made only
by inspectors or special inspectors. An inspection by a special inspector may
be accepted by the commissioner in lieu of a required inspection by an inspector.
5. A report of every inspection must be filed with the commissioner by the
inspector or special inspector, on a form approved by and containing all
information required by the commissioner, after the inspection has been completed
and within the time provided by regulation, but not to exceed thirty days. The
report shall include all information required by the commissioner to determine
whether the owner of the facility has complied with applicable regulations. For
the inspection required by item 1, the report shall indicate whether the facility
has been installed in accordance with the detailed plans and specifications
approved by the commissioner and meets the requirements of the applicable
regulations.
6. In addition to the inspections required by items 1 to 3, the commissioner
may provide by regulation for additional inspections he considers necessary to
enforce the provisions of this chapter.
Section 41-16-80. On and after the effective date of regulations relating to
alterations, detailed plans of each facility to be altered must be submitted to
the commissioner, together with an application for an alteration permit, on forms
to be furnished or approved by the commissioner. Repairs or replacements
necessary for normal maintenance are not alterations and may be made on existing
installations with parts equivalent in material, strength, and design to those
replaced, and no plans or specifications or application need be filed for the
repairs or replacements. However, nothing in this section authorizes the use of
any facility contrary to an order issued pursuant to Section 41-16-110.
Section 41-16-90. A permit must be issued by the commissioner before
construction on a new installation is begun. The department shall issue a permit
for relocation or installation, as applicable, if the plans and specifications
indicate compliance with applicable regulations.
If the plans and specifications indicate a failure of compliance with
applicable regulations, the department shall give notice of necessary changes to
the person filing the application. After the changes have been made and
approved, the department shall issue a permit.
Plans must be submitted in triplicate and must be accompanied by an application
for the permit on a form to be furnished by the commissioner. The plans shall
include:
1. Sectional plan of car and hoistway.
2. Sectional plan of machine room.
3. Sectional elevation of hoistway and machine room, including the pit,
bottom, and top clearance of car, and counterweight.
4. Size and weight of guide rails, and guide rail bracket spacing.
5. Other information which the department may require.
Section 41-16-100. Operating permits must be issued by the commissioner to the
owner of every facility when the inspection report indicates compliance with the
applicable provisions of this chapter. However, no permits may be issued if the
fees required by Section 41-16-140 have not been paid. Permits must be issued
within thirty days after filing of the inspection report required by Section
41-16-70, unless the time is extended for cause by the department. No facility
may be operated after the thirty days or after any extension granted by the
commissioner has expired, unless an operating permit has been issued.
The operating permit shall indicate the type of equipment for which it is
issued and, in the case of elevators, shall state whether passenger or freight,
and also shall state the contract load and speed for each facility. The permit
must be posted conspicuously in the car of an elevator or on or near a
dumbwaiter, escalator, moving walk, or manlift.
Section 41-16-110. 1. If an inspection report indicates a failure to comply
with applicable regulations, or with the detailed plans and specifications
approved by the commissioner, the commissioner may, upon giving notice, order the
owner to make the changes necessary for compliance.
2. If the owner does not make the changes necessary for compliance as required
in subsection 1 within the period specified by the commissioner, the
commissioner, upon notice and hearing, may suspend or revoke the operating permit
or may refuse to issue the operating permit for the facility. The commissioner
shall notify the owner of any action to suspend, revoke, or refuse to issue an
operating permit, along with the reason, by certified mail. The provisions of
Article II (Administrative Procedures) of Act 176 of 1977 shall govern contested
cases of this nature.
3. If the commissioner has reason to believe that the continued operation of
a facility constitutes an imminent danger which could reasonably be expected to
injure seriously or cause death to members of the public, the commissioner may
apply to the circuit court in the county in which the imminently dangerous
condition exists for a temporary order for the purpose of enjoining the
imminently dangerous facility. Upon hearing, if considered appropriate by the
court, a permanent injunction may be issued to insure that the imminently
dangerous facility be prevented or controlled. Upon the elimination or
rectification of the imminently dangerous condition, the temporary or permanent
injunction must be vacated.
Section 41-16-120. The commissioner, pursuant to regulation, may grant
exceptions and variances from the requirements of regulations, promulgated for
any facility. Exceptions or variances must be reasonably related to the age of
the facility and may be conditioned upon a repair or modification of the facility
considered necessary by the commissioner to assure reasonable safety. However,
no exception or variance may be granted except to prevent undue hardship. These
facilities are subject to orders issued pursuant to Section 41-16-110.
Section 41-16-130. Every owner of a facility subject to regulation by this
chapter shall grant access to that facility to the commissioner and department
personnel administering the provisions of this chapter. Inspections must be
permitted at reasonable times, with or without prior notice.
Section 41-16-140. The commissioner shall promulgate regulations to charge and
collect fees for inspection, permits, and licenses. Fees may be set by
regulation not more than once each year. Fees established by the commissioner
must be based upon the costs of administering the provisions of this chapter and
shall give due regard to the time spent by department personnel in performing
duties and to any travel expenses incurred.
Section 41-16-150. Every facility must be maintained by the owner in a safe
operating condition and in conformity with the regulations promulgated by the
commissioner.
Section 41-16-160. No political subdivision may make or maintain any ordinance,
bylaw, or resolution providing for the licensing of special inspectors. Any
ordinance, bylaw, or resolution relating to the inspection, construction,
installation, alteration, maintenance, or operation of facilities within the
limits of the political subdivision, which conflicts with this chapter or with
regulations promulgated by the commissioner, is void. The commissioner, in his
discretion, may accept inspections by local authorities in lieu of inspections
required by Section 41-16-70, but only upon a showing by the local authority that
applicable laws and regulations will be consistently and literally enforced and
that inspections will be performed by special inspectors.
Section 41-16-170. In addition to any other penalty provided by law, any person
who violates any of the provisions of this chapter is guilty of a misdemeanor,
unless otherwise specifically provided in this chapter, and upon conviction must
be punished by a fine of not more than five hundred dollars or by imprisonment
for not more than ninety days, or by both, and by the immediate revocation for
a period of three years of any permit or license issued under the provisions of
this chapter.
Section 41-16-180. If upon notice and hearing the commissioner determines that
an owner has operated a facility after an order of the commissioner that
suspends, revokes, or refuses to issue an operating permit for the facility has
become final under subsection 2 of Section 41-16-110, the commissioner may assess
a civil penalty against the owner in an amount not exceeding five hundred
dollars, as determined by the commissioner. An order assessing a civil penalty
is subject to the provisions of Article II (Administrative Procedures) of Act 176
of 1977 for contested cases in the same manner and to the same extent as
decisions referred to in subsection 2 of Section 41-16-110. The commissioner may
commence an action in the circuit court of the county in which the alleged
violation occurred to enforce payment of the civil penalty. No record of
assessment against or payment of a civil penalty by any person for a violation
of this section is admissible as evidence in any court in any civil action.
Revenue from the penalty provided in this section must be remitted to the State
Treasurer for deposit in the general fund."
Amusement Rides Safety Code enacted
SECTION 2. The 1976 Code is amended by adding to Title 41:
"CHAPTER 18
South Carolina Amusement Rides Safety Code
Section 41-18-10. This chapter is known and may be cited as the 'South Carolina
Amusement Rides Safety Code'.
Section 41-18-20. 1. The purpose of this chapter is to guard against personal
injuries in the assembly, disassembly, and use of amusement devices at carnivals,
fairs, and amusement parks to persons employed at or attending the same, and, in
the event of a personal injury, to insure to the injured party the possibility
of financial recovery as against the owner of the carnival, fair, or amusement
park where the injury occurred.
2. It is the intent of this chapter that amusement devices are designed,
constructed, assembled or disassembled, maintained, and operated as to prevent
injuries.
Section 41-18-30. 1. This chapter applies to amusement devices at carnivals,
fairs, and amusement parks where an admission or fee is customarily or usually
charged located within the State and to the managers of these devices, to the
persons employed in connection with the same, and to their employees.
2. This chapter does not apply to single passenger, coin-operated, manually,
mechanically, or electrically operated rides, except where admission is charged
for the use of the equipment, nor may this chapter be construed so as to limit
the right of any person to conduct any hotel, restaurant, or eating place at any
amusement park.
Section 41-18-40. As used in this chapter, except as otherwise expressly
provided, the following terms have the meanings indicated:
(1) 'Amusement device' means any mechanical device or combination of devices
which carries or conveys passengers on, along, around, over, or through a fixed
or restricted course or within a defined area for the purpose of giving its
passengers amusement, pleasure, or excitement.
(2) 'Amusement park' means a tract or area used principally as a permanent
location for amusement devices or structures.
(3) 'Commissioner' means the Commissioner of the South Carolina Department
of Labor or his designee or representative.
(4) 'Carnival' means an itinerant enterprise consisting principally of
temporary amusement devices or mechanical rides operated to provide entertainment
or amusement to the public.
(5) 'Fair' means an enterprise principally devoted to the exhibition of the
products of agriculture or industry and at which amusement devices or temporary
structures are provided for use by the public.
(6) 'Owner' means a person, corporation, partnership, or association who owns
an amusement device or, in the event that the amusement device is leased, the
lessee.
(7) 'Permanent device' means a device which is used, or intended to be used,
as an amusement device that is erected to remain a lasting part of the premises.
(8) 'Temporary device' means a device which is used as an amusement device
that is regularly relocated from time to time with or without disassembly.
(9) 'Serious injury' means an injury that results in death or requires
medical treatment, other than first aid, by a physician. 'First aid' means the
one-time treatment or subsequent observation of scratches, cuts not requiring
stitches, burns, splinters, and contusions or a diagnostic procedure, including
examinations and x-rays, which does not ordinarily require medical treatment even
though provided by a physician or other licensed professional personnel.
(10) 'Safety coordinator' means a person suited by training or experience and
designated by the owner or operator of an amusement park, fair, or carnival as
being in charge of the safety of all amusement devices located at the park, fair,
or carnival.
(11) 'Department' means the South Carolina Department of Labor.
Section 41-18-50. No amusement device may be operated in the State without a
permit issued by the commissioner. The permits are not transferable and if any
permit holder voluntarily discontinues operation of the amusement device, all
rights secured under the permit are terminated.
Section 41-18-60. 1. Before commencement of the operation of a permanent or
temporary device, the owner or lessee shall make written application to the
commissioner for a permit to operate. The permit is valid for a period of one
year.
2. No temporary device may be used at any time or location unless prior notice
of intent to use same has been given to the commissioner. Notice of planned
schedules shall (a) be in writing, (b) identify the temporary device, (c) state
the intended dates and locations of use, (d) be mailed to the commissioner at
least fifteen days before the first intended date of use; except the commissioner
may, in his discretion, waive these requirements.
3. A permit to operate must be issued to the owner or lessee of an amusement
device when:
(a) written application has been made to the commissioner;
(b) the amusement device has passed all required inspections;
(c) the liability insurance required by Section 41-18-90 has been met in the
amount prescribed.
4. The commissioner may revoke any permit issued pursuant to this chapter if
it is determined that an amusement device is:
(a) being operated without the inspections required by Sections 41-18-70 and
41-18-80; or
(b) being operated without the insurance required by Section 41-18-90; or
(c) being operated with a mechanical, structural, or design defect which
presents an excessive risk of serious injury to passengers.
5. Any other violation of the provisions of this chapter may result in a
revocation, if written notice of noncompliance is served upon the owner
specifying any violation of the provisions of this chapter and directing the
owner to correct the violations within thirty days of receipt of the notice. In
the event the owner and the department fail to agree that the violations referred
to herein have in fact been corrected, then the department shall give notice of
and provide a hearing for the owner to determine whether compliance has in fact
been met. The provisions of Article II (Administrative Procedures) of Act 176
of 1977 shall govern contested cases of this nature and any other contested cases
arising under the provisions of this chapter.
6. Nothing in this chapter prevents an owner whose permit to operate an
amusement device has been revoked pursuant to this section from reapplying for
a permit in accordance with this chapter, except as otherwise specifically
provided in this chapter. Upon application to have a revoked permit reinstated
under this section, the department shall inspect the amusement ride in question
as promptly as practical, but in no case more than seventy-two hours after the
submission of the application.
Section 41-18-70. Before a permit may be issued as provided in Sections 41-18-50
and 41-18-60, an inspection of the amusement device must be made in compliance
with the procedures set by the commissioner. The inspection must have been
conducted within one year prior to the permit application, unless the period is
extended by operation of subsection 5 of Section 41-18-80.
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 representative at the
time of application for the initial permit. Thereafter, as a requirement for the
issuance of each subsequent permit, the amusement device must be inspected at
least annually by a licensed architect, professional engineer, qualified
inspector of an insurance underwriter, or other qualified inspector, each of whom
must be approved by the commissioner. 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
representative for the permit to be issued. Thereafter, the amusement device
must be inspected at least annually by a licensed architect, professional
engineer, qualified inspector of an insurance underwriter, or other qualified
inspector, each of whom must be approved by the commissioner. The inspection
shall 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 shall only require 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 licensed
architect, professional engineer, qualified inspector of an insurance
underwriter, or other qualified inspector, each of whom must be approved by the
commissioner, 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 shall 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. It is the responsibility of a sponsor of each fair or carnival and the owner
of the land, or their designees, upon which the fair or carnival is located to
inspect visually each amusement device as to its compliance with the procedures
set by the commissioner at least once each week during that period the fair or
carnival is operating. Should an unsafe amusement device be discovered, it must
be immediately reported to the commissioner.
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 one million dollars per occurrence against
liability for injury to persons arising out of the use of the amusement device
and that the policy of liability is in effect. The amount of the deductible
provision in the policy of insurance is dependent upon the owner's or the
lessee's proof of financial responsibility and must be established by the
commissioner on a case-by-case basis. For purposes of this section, an
acceptable insurer for a 'permanent device' is an insurer which is either
licensed by the Chief Insurance Commissioner in this State or approved by the
Chief Insurance Commissioner as a nonadmitted surplus lines carrier for risks
located in this State. For a 'temporary device' an insurer shall meet either of
these requirements or shall meet minimum financial requirements for admission as
a licensed company in South Carolina and must be licensed in the 'temporary
device's' owner's or lessee's home state or must be an approved nonadmitted
surplus lines carrier for risks located in that home state. Each policy, by its
original terms or an endorsement, shall obligate the insurer that it will not
cancel, suspend, or nonrenew the policy without
thirty days' written notice of the proposed cancellation, suspension, or
nonrenewal and a complete report of the reasons for the cancellation, suspension,
or nonrenewal being given to the commissioner. In the event the liability
insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate
notice to the commissioner. This section may not be construed to expand any of
the rights granted the employees of the owners, operators, or lessees under the
workers' compensation laws of this State.
Section 41-18-100. 1. The owner or amusement ride operator may deny any person
entrance to the amusement ride based on the person's size, weight, or physical
condition if the owner or amusement ride operator believes the entry may
jeopardize the safety of the person desiring entry, riders, or other persons.
Denial may not be based on color, race, sex, religion, or national origin.
2. The owner or lessee of any amusement device which, during the course of its
operation, is involved in an accident which results in a serious injury shall
report the injury to the owner's or lessee's insurer.
3. The owner or lessee of any amusement device which, during the course of its
operation, is involved in an accident which results in a serious injury shall
report the injury to the commissioner prior to the close of business of the
commissioner's next business day.
4. When a serious injury occurs involving the operation of an amusement
device, the owner or lessee shall immediately shut down the device from further
use. The device may not resume operation until the safety coordinator determines
that the serious injury was not caused by a mechanical or structural defect in
the amusement device.
5. If the safety coordinator determines that a serious injury was caused by
a mechanical or structural defect, the device must remain shut down until repairs
are completed and the device is considered operational by a licensed architect,
professional engineer, qualified inspector of an insurance underwriter, or other
qualified inspector, each of whom must be approved by the commissioner. An
affidavit of the inspection and correction of defect must be filed with the
commissioner.
Section 41-18-110. The commissioner shall furnish to all owners, lessees, and
operators of amusement devices notice of all rights and obligations under the
provisions of this chapter upon receipt of permit applications.
Section 41-18-120. The commissioner may promulgate regulations consistent with
this chapter guarding against personal injuries in the assembly, disassembly, and
use of amusement devices at carnivals, fairs, and amusement parks 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 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. Fees established by the commissioner must be based upon the costs of
administering the provisions of this chapter and shall give due regard to any
time spent by department personnel in performing duties and to any travel
expenses incurred. The initial fees established by the commissioner may not
exceed fifty dollars per amusement device.
Section 41-18-130. The commissioner is charged with the affirmative duty of
administering and enforcing the provisions of this chapter.
Section 41-18-140. No political subdivision may make or maintain any ordinance,
bylaw, or resolution providing for any of the matters covered under and regulated
by the provisions of this chapter, and any ordinance, bylaw, or resolution
relating to any of the matters covered under and regulated by the provisions of
this chapter is void.
Section 41-18-150. 1. Any person who knowingly and wilfully operates an amusement
device without any of the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80; or
(c) the insurance required by Section 41-18-90 is subject to a civil penalty
not to exceed two thousand dollars for each day the violation continues.
2. Any person who operates an amusement device without any of the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80; or
(c) the insurance required by Section 41-18-90 is subject to a civil penalty
not to exceed a total of two thousand dollars.
3. The commissioner may assess the penalties under this section and, in
assessing penalties under subsection 1 of this section, shall give due
consideration to the appropriateness of the penalty with respect to the size of
the owner's or lessee's business, the good faith of the owner or lessee, and his
history of previous violation.
4. Revenue derived under this chapter must be remitted to the State Treasurer
and deposited by him in the General Fund."
Time effective
SECTION 3. This act shall take effect January 1, 1986. |