H*3470 Session 112 (1997-1998)
H*3470(Rat #0306, Act #0283 of 1998) General Bill, By Kirsh, Barfield, Edge,
Meacham and Simrill
A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODES, SO AS TO CHANGE
THE TERM "COMMISSIONER" TO "DIRECTOR", TO CONFORM THE NAME OF THE DEPARTMENT
OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, AND TO PROVIDE THAT THIS
CHAPTER DOES NOT APPLY TO AIR-SUPPORTED STRUCTURES.-AMENDED TITLE
02/18/97 House Introduced and read first time HJ-15
02/18/97 House Referred to Committee on Labor, Commerce and
Industry HJ-15
03/12/97 House Committee report: Favorable Labor, Commerce and
Industry HJ-5
03/13/97 House Read second time HJ-17
03/18/97 House Read third time and sent to Senate HJ-15
03/19/97 Senate Introduced and read first time SJ-9
03/19/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
02/12/98 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-10
02/17/98 Senate Read second time SJ-18
02/17/98 Senate Ordered to third reading with notice of
amendments SJ-18
02/18/98 Senate Read third time and enrolled SJ-10
04/01/98 Ratified R 306
04/08/98 Became law without Governor's signature
04/08/98 Effective date 04/08/98
05/06/98 Copies available
05/06/98 Act No. 283
(A283, R306, H3470)
AN ACT TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH
CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO
CHANGE THE TERM COMMISSIONER TO "DIRECTOR", TO
CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO
THE GOVERNMENT RESTRUCTURING ACT OF 1993, AND TO
PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO
AIR-SUPPORTED STRUCTURES.
Be it enacted by the General Assembly of the State of South Carolina:
Amusement Rides Safety Code, technical corrections; air-supported
structures exempt
SECTION 1. Chapter 18, Title 41 of the 1976 Code is amended to
read:
"CHAPTER 18
South Carolina
Amusement Rides Safety Code
Section 41-18-10. This chapter may be cited as the 'South Carolina
Amusement Rides Safety Code'.
Section 41-18-20. (A) 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 carnivals, fairs, and amusement parks and, in the event of a
personal injury, to ensure to the injured party the possibility of financial
recovery as against the owner of the carnival, fair, or amusement park
where the injury occurred.
(B) It is the intent of this chapter that amusement devices must be
designed, constructed, assembled or disassembled, maintained, and
operated so as to prevent injuries.
Section 41-18-30. (A) 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 these devices, and to their employees.
(B) 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, and this chapter may
not be construed so as to limit the right of a person to conduct any hotel,
restaurant, or eating place at an amusement park.
(C) This chapter does not apply to air-supported structures.
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) 'Director' means the Director of the South Carolina Department of
Labor, Licensing and Regulation or the director's 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,
Licensing and Regulation.
(12) 'Special inspector' means an inspector licensed by the director and
not employed by the department.
(13) 'Catastrophic accident' means an incident resulting in fatality or
three or more injuries resulting in hospitalization.
Section 41-18-50. No amusement device may be operated in the State
without a permit issued by the director. A permit is not transferable and
if a permit holder voluntarily discontinues operation of the amusement
device, all rights secured under the permit are terminated.
Section 41-18-60. (A) Before commencement of the operation of a
permanent or temporary device, the owner or lessee shall make written
application to the director 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.
(B) No temporary device may be used at any time or location unless
prior notice of intent to use the device has been given to the director.
Notice of planned schedules must:
(1) be in writing;
(2) identify the temporary device;
(3) state the intended dates and locations of use; and
(4) be mailed to the director at least seven days before the first
intended date of use.
However, the director may waive the requirements enumerated in this
subsection.
(C) A permit to operate must be issued to the owner or lessee of an
amusement device when:
(1) written application has been made to the director;
(2) the amusement device has passed all required inspections;
(3) the liability insurance required by Section 41-18-90 has been
met in the amount prescribed.
(D) The director may revoke a permit issued pursuant to this chapter
if it is determined that an amusement device is:
(1) being operated without the inspections required by Sections
41-18-70 and 41-18-80;
(2) being operated without the insurance required by Section
41-18-90;
(3) 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;
(4) being operated without the required documentation or
paperwork; or
(5) being operated in a manner contrary to the operating fact sheets.
(E) Any other violation of this chapter may result in a revocation, if
written notice of noncompliance is served upon the owner specifying a
violation of this chapter and directing the owner to correct the violations
within the period specified by the director. If the owner and the
department fail to agree that the violations referred to in this section have
been corrected, the department shall give notice of and provide a hearing
for the owner to determine whether compliance has been met. The
Administrative Procedures Act governs contested cases of this nature and
any other contested cases arising under this chapter.
(F) 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.
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 director. The
inspection must have been conducted within one month before the permit
application, unless the period is extended by operation of Section
41-18-80(E).
Section 41-18-80. (A) In the case of a permanent device, the
amusement device must be inspected by the director 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 director
or by a special inspector. The inspection shall at minimum comply with
the requirements of the director. An affidavit of the annual inspection
must be filed with the director.
(B) In the case of a temporary device, before first operation in the
State each year, the amusement device must be inspected by the director
or special inspector for the permit to be issued. Thereafter, the
amusement device must be inspected at least annually by the director or
a special inspector. The inspection must at minimum comply with the
requirements of the director. An affidavit of the annual inspection must
be filed with the director.
(C) 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
director who shall cause the device to be inspected before 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.
(D) 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 before the
permit expiration date.
(E) Upon proper presentation of credentials, the director 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.
(F) No amusement device which fails to pass an inspection may be
operated for public use until it has passed a subsequent inspection.
(G) 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 director shall
provide a checklist for this inspection. If an unsafe amusement device or
condition is discovered, it must be immediately reported to the director.
(H) A special inspector shall have:
(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 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 and
(2) evidence of successful completion of an approved Rides Safety
Inspection Course within the previous two calendar years.
Section 41-18-90. Before the Labor Division of the Department of
Labor, Licensing and Regulation may issue a permit to the owner or
lessee of an amusement device, the owner or lessee of the device shall
furnish the Labor Division with proof that the owner or lessee 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 Labor
Division 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 Director of the Department of Insurance in this State or
approved by the Department of Insurance 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 Labor
Division. In the event the liability insurance is canceled, suspended, or
nonrenewed, the insurer shall give immediate notice to the Labor
Division. 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. (A) 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.
(B) 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.
(C) 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 director immediately and in no
case later than the close of business of the director'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.
(D) 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.
(E) 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 director. An affidavit of the inspection
and correction of defect must be filed with the director.
Section 41-18-110. Upon request, the director 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 director 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 director shall promulgate regulations
to charge and collect reasonable fees for permits and for inspections and
any other activity under this chapter as considered necessary by the
director for the proper enforcement of this chapter. Fees may be set by
regulation not more than once each year.
Section 41-18-130. The director is charged with the affirmative duty
of administering and enforcing 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 this chapter, and an ordinance, bylaw, or
resolution relating to a matter covered under and regulated by this chapter
is void.
Section 41-18-150. (A) A person is subject to a civil penalty not to
exceed two thousand dollars per device for each day of noncompliance
with this subsection if the person knowingly and wilfully operates an
amusement device without:
(1) the permit required by Sections 41-18-50 and 41-18-60;
(2) the inspections required by Sections 41-18-70 and 41-18-80;
(3) the insurance required by Section 41-18-90; or
(4) complying with any other provision of this chapter or regulation
promulgated under this chapter.
(B) A person is subject to a civil penalty not to exceed two thousand
dollars per device for each day of noncompliance with this subsection if
the person operates an amusement device without:
(1) the permit required by Sections 41-18-50 and 41-18-60;
(2) the inspections required by Sections 41-18-70 and 41-18-80;
(3) the insurance required by Section 41-18-90; or
(4) complying with any other provision of this chapter or regulation
promulgated under this chapter.
(C) The director may assess the penalties under this section and, in
assessing penalties under subsection (A), 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 the owner's
or lessee's history of previous violation.
(D) Revenue derived under this chapter must be remitted to the State
Treasurer and deposited in the general fund."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 04/08/98. |