South Carolina General Assembly
106th Session, 1985-1986

Bill 1264


                    Current Status

Bill Number:               1264
Ratification Number:       600
Act Number:                514
Introducing Body:          Senate
Subject:                   Relating to the South Carolina Amusement
                           Rides Safety Code
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.