H*3717 Session 110 (1993-1994)
H*3717(Rat #0225, Act #0144) General Bill, By T.F. Rogers
A Bill to amend Section 41-18-30, Code of Laws of South Carolina, 1976,
relating to the South Carolina Amusement Rides Safety Code, the applicability
of these provisions, and exceptions to applicability, so as to make the
provisions applicable to amusement devices at certain "other places open to
the public"; to amend Section 41-18-40, relating to definitions under the
Amusement Rides Safety Code, so as to delete certain language, make changes to
the definitions of "temporary device" and "serious injury", and provide a
definition for "catastrophic accident"; to amend Section 41-18-60, relating to
application for, and duration and revocation of, a permit under the Amusement
Rides Safety Code, so as to, among other things, provide that a permit is
valid for a period of up to one year expiring on December thirty-first of the
year it is issued, require that notice of planned schedules be mailed to the
Commissioner of Labor at least seven, rather than fifteen, days before the
first intended date of use, and provide that certain violations of the
Amusement Rides Safety Code may result in revocation if written notice of
noncompliance is served upon the owner specifying any violation of the
provisions of the Code and directing the owner to correct the violations
within the period specified by the Commissioner, rather than within thirty
days of receipt of the notice; to amend Section 41-18-70, relating to the
inspection of an amusement device which must be made before a permit may be
issued, so as to provide that the inspection must have been conducted within
one month, rather than within one year, prior to the permit application,
unless extended by certain provisions of law; to amend Section 41-18-80,
relating to inspection procedures under the Amusement Rides Safety Code, so as
to, among other things, delete references to the Commissioner of Labor's
designee, provide that, in the case of a temporary device, before first
operation in this State each year, rather than "upon first entry into the
State", the amusement device must be inspected by the Commissioner or special
inspector for the permit to be issued and delete certain provisions; to amend
Section 41-18-100, relating to the Amusement Rides Safety Code,
discrimination, owner's duties after serious injury occurs, and inspection and
correction of defects, so as to, among other things, provide that any owner or
lessee who becomes aware at a certain time that a serious injury had occurred
shall report it immediately and in no case later than the end of the next
business day, and provide that when a catastrophic accident, rather than a
serious injury, occurs involving the operation of an amusement device, the
owner or lessee shall immediately shut down the device from further use; to
amend Section 41-18-110, relating to notice to owners, lessees, and operators
of amusement devices of rights and obligations under the Amus
03/16/93 House Introduced and read first time HJ-6
03/16/93 House Referred to Committee on Labor, Commerce and
Industry HJ-7
04/21/93 House Committee report: Favorable Labor, Commerce and
Industry HJ-12
04/22/93 House Read second time HJ-34
04/27/93 House Read third time and sent to Senate HJ-21
04/28/93 Senate Introduced and read first time SJ-13
04/28/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-13
05/17/93 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-11
05/18/93 Senate Amended SJ-21
05/18/93 Senate Read second time SJ-22
05/18/93 Senate Unanimous consent for third reading on next
legislative day SJ-22
05/19/93 Senate Read third time and returned to House with
amendments SJ-10
05/26/93 House Concurred in Senate amendment and enrolled HJ-31
06/10/93 Ratified R 225
06/14/93 Signed By Governor
06/14/93 Effective date 06/14/93
07/07/93 Copies available
(A144, R225, H3717)
AN ACT TO AMEND SECTION 41-18-30, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA
AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF
THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO
AS TO MAKE THE PROVISIONS APPLICABLE TO AMUSEMENT
DEVICES AT CERTAIN "OTHER PLACES OPEN TO THE
PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO
DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE,
SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO
THE DEFINITIONS OF "TEMPORARY DEVICE" AND
"SERIOUS INJURY", AND PROVIDE A DEFINITION FOR
"CATASTROPHIC ACCIDENT"; TO AMEND SECTION
41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND
REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES
SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE
THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR
EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS
ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE
MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN,
RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED
DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF
THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN
REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS
SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF
THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO
CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY
THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF
RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70,
RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE
WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO
AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN
CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE
YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED
BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION
41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE
AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER
THINGS, DELETE REFERENCES TO THE COMMISSIONER OF
LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A
TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE
EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE
STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED
BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE
PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO
AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT
RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES
AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND
CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS,
PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES
AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD
OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE
LATER THAN THE END OF THE NEXT BUSINESS DAY, AND
PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER
THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION
OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL
IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE;
TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO
OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES
OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES
SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS
TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE
COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO
AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES
UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO
DELETE CERTAIN LANGUAGE, PROVIDE THAT ANY PERSON
WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT
DEVICE WITHOUT COMPLYING WITH THE PROVISIONS OF THE
AMUSEMENT RIDES SAFETY CODE OR ANY REGULATION
PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY
NOT TO EXCEED TWO THOUSAND DOLLARS PER AMUSEMENT
DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES,
AND PROVIDE THAT ANY PERSON WHO OPERATES AN
AMUSEMENT DEVICE WITHOUT COMPLYING WITH THE
PROVISIONS OF THE SAFETY CODE OR ANY REGULATION
PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY
NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH DAY
SUCH NONCOMPLIANCE CONTINUES.
Be it enacted by the General Assembly of the State of South Carolina:
Applicability extended
SECTION 1. Section 41-18-30 1. of the 1976 Code is amended to
read:
"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 or at other places open to the public and to
the managers of these devices, to the persons employed in connection with
the same, and to their employees."
Definitions, amended and added
SECTION 2. Section 41-18-40 of the 1976 Code is amended to read:
"Section 41-18-40. As used in this chapter, except as otherwise
expressly provided:
(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 with or without disassembly.
(9) `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.
(10) `Safety coordinator' means a person suited by training or
experience and designated by the owner or operator of an amusement park,
fair, or carnival as being in charge of the safety of all amusement devices
located at the park, fair, or carnival.
(11) `Department' means the South Carolina Department of Labor.
(12) `Special inspector' means an inspector licensed by the
commissioner and not employed by the department.
(13) `Catastrophic accident' means an incident resulting in fatality or
three or more injuries resulting in hospitalization."
Valid period for permit; etc.
SECTION 3. Section 41-18-60 of the 1976 Code is amended to read:
"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 up to one year expiring on December thirty-first of the year
issued.
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 seven 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, electrical, structural, design, or
other defect which presents an excessive risk of serious injury to
passengers, bystanders, operators, or attendants; or
(d) being operated without the required documentation or paperwork;
or
(e) being operated in a manner contrary to the operating fact sheets.
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 the period specified by the
commissioner. In the event the owner and the department fail to agree that
the violations referred to herein have in fact been corrected, then the
department shall give notice of and provide a hearing for the owner to
determine whether compliance has in fact been met. The provisions of
Article II (Administrative Procedures) of Act 176 of 1977, as amended,
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 practicable, but in no case more
than seventy-two hours after the submission of the application."
Inspection
SECTION 4. Section 41-18-70 of the 1976 Code is amended to read:
"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 month prior to the
permit application, unless the period is extended by operation of subsection
5 of Section 41-18-80."
Inspection
SECTION 5. Section 41-18-80 of the 1976 Code 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 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 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, before first operation in the State
each year, the amusement device must be inspected by the commissioner or
special inspector for the permit to be issued. Thereafter, the amusement
device must be inspected at least annually by the commissioner 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 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.
(4) In the event an operator is unable to secure an inspection 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
permit expiration date.
(5) Upon proper presentation of credentials, the commissioner or his
inspectors 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.
(6) No amusement device which fails to pass an inspection may be
operated for public use until it has passed a subsequent inspection.
(7) 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.
(8) 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."
Reports of serious injury; catastrophic accident, etc.
SECTION 6. Section 41-18-100 of the 1976 Code is amended to read:
"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 immediately and in no
case later than the close of business of the commissioner's next business
day. Any owner or lessee who becomes aware at a later date that a serious
injury had occurred shall report it immediately and in no case later than the
end of the next business day.
4. When a catastrophic accident 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 catastrophic accident was not caused
by a mechanical or structural defect in the amusement device.
5. If the safety coordinator determines that a catastrophic accident was
caused by a mechanical failure 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."
Notice of rights and obligations
SECTION 7. Section 41-18-110 of the 1976 Code is amended to read:
"Section 41-18-110. Upon request, 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."
Civil penalties, provisions changed
SECTION 8. Section 41-18-150 of the 1976 Code is amended to read:
"Section 41-18-150. 1. Any person who knowingly and wilfully
operates an amusement device without:
(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; or
(d) complying with any other provision of this chapter or regulation
promulgated hereunder is subject to a civil penalty not to exceed two
thousand dollars per device for each day such noncompliance under any of
these items (a), (b), (c), or (d) of this subsection 1 continues.
2. Any person who operates an amusement device without:
(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; or
(d) complying with any other provision of this chapter or regulation
promulgated hereunder is subject to a civil penalty not to exceed two
thousand dollars for each day such noncompliance under any of these items
(a), (b), (c), or (d) of this subsection 2 continues.
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 9. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993. |