Current Status Introducing Body:Senate Bill Number:976 Primary Sponsor:Hayes Committee Number:12 Type of Legislation:GB Subject:Elevator Code Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:BBM/9244.JM Introduced Date:May 07, 1991 Last History Body:Senate Last History Date:May 07, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN
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976 Senate May 07, 1991 Introduced, read first time, 12
referred to Committee
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TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "ELEVATOR", AND "DUMBWAITER" AND PROVIDE DEFINITIONS FOR "PERSONNEL HOIST", "TEMPORARILY DECOMMISSIONED FACILITY", "HANDICAP LIFT", AND "MATERIAL LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ISSUANCE OF REGULATIONS UNDER THE ELEVATOR CODE, SO AS TO FURTHER PROVIDE FOR REGULATIONS CONCERNING CONTROL OR PREVENTION OF ACCESS TO FACILITIES OR DORMANT FACILITIES AND CONCERNING QUALIFICATIONS FOR OBTAINING AN INSPECTOR'S LICENSE; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT PERMITS MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID, AND PROVIDE THAT THE PERMIT MUST BE POSTED CONSPICUOUSLY IN THE CAR OF AN ELEVATOR OR ON OR NEAR A DUMBWAITER, ESCALATOR, MOVING WALK, MANLIFT, MATERIAL LIFT, HANDICAP LIFT, OR PERSONNEL HOIST; TO AMEND SECTION 41-16-110, RELATING TO ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF UNDER THE ELEVATOR CODE, SO AS TO DELETE THE CURRENT PROVISIONS OF THE CODE SECTION AND PROVIDE INSTEAD FOR CIVIL PENALTIES, PROVIDE FOR THEIR DISPOSITION, AND PROVIDE THAT ANY OWNER, OPERATOR, OR COMPANY AFFECTED OR AGGRIEVED BY CERTAIN ACTS MAY PETITION FOR ADMINISTRATIVE REVIEW IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT WHEN FEES ARE NOT PAID WITHIN SIXTY DAYS THE ATTORNEY GENERAL SHALL BRING AN ACTION, PROVIDE FOR THE DISPOSITION OF ANY AMOUNTS COLLECTED, AND PROVIDE THAT THE STATE MAY BE GRANTED COSTS AND ATTORNEY'S FEES FOR THESE COLLECTION ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO CIVIL PENALTIES UNDER THE ELEVATOR CODE, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, PROVIDE FOR APPLICATION TO THE CIRCUIT COURT FOR A TEMPORARY ORDER TO ENJOIN AN "IMMINENTLY DANGEROUS FACILITY", ALLOW FOR A PERMANENT INJUNCTION UNDER CERTAIN CONDITIONS, AND PROVIDE THAT THE TEMPORARY OR PERMANENT INJUNCTION BE VACATED UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-16-20(1), (5), and (6) of the 1976 Code are amended to read:
"(1) `Facility' means any elevator, dumbwaiter, escalator, moving walk, handicap lift, personnel hoist, material lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment.
(5) `Elevator' means a hoisting and lowering mechanism equipped with a car or platform, or other structure which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure is guided and serves two or more landings. 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 similar machines or devices giving service within only one story.
(6) `Dumbwaiter' means a hoisting and lowering mechanism equipped with a car of limited size 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."
SECTION 2. Section 41-16-20 of the 1976 Code is amended by adding:
"(17) `Personnel hoist' means a temporary elevator used during construction, alteration, or demolition of buildings to carry passengers or other personnel related to the building project.
(18) `Temporarily decommissioned facility' means a facility that is not in service at the present time but which is expected to be returned to service within three years.
(19) `Handicap lift' means a lift whose sole purpose is the transportation of handicapped individuals.
(20) `Material lift' means an elevator that has been modified, by permission of the department, so that it can be operated only from outside the car and whose sole purpose is to raise or lower materials. The transport of any person on a material lift is strictly forbidden. Personnel may be used to load and unload materials."
SECTION 3. Section 41-16-40 1.f. and h. of the 1976 Code are amended to read:
"f. Control or prevention of access to facilities, temporarily decommissioned facilities, or dormant facilities.
h. Qualifications for obtaining an a special inspector's license., revocation of special inspector's license, disqualification of special inspectors, and ethics of special inspectors."
SECTION 4. Section 41-16-100 of the 1976 Code is amended to read:
"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 determination by the department that all deficiencies found upon inspection have been corrected and all fees have been paid. 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, material lift, handicap lift, or personnel hoist."
SECTION 5. Section 41-16-110 of the 1976 Code is amended to read:
"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.
(A) Any owner, operator, or company who fails to register a facility as required by 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered.
(B) Any owner, operator, or company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the commissioner of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each violation.
(C) Any owner, operator, or company who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than one thousand dollars for each violation.
(D) Any owner, operator, or company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars.
(E) Any owner, operator, or company who operates a facility after an order of the commissioner declaring that facility dormant or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each violation.
(F) All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State.
(G) Any owner, operator, or company affected or aggrieved by (1) any act of the commissioner, (2) any citation issued by the commissioner, (3) any penalty assessed by the commissioner, or (4) any abatement period set by the commissioner may petition the commissioner within thirty days of notice of the act complained of for administrative review. The provisions of the State's Administrative Procedures Act (Article 3, Chapter 23, Title 1 of the 1976 Code) govern contested cases of this nature."
SECTION 6. Section 41-16-140 of the 1976 Code is amended by adding:
"In cases where the fees are not paid within sixty days, the Attorney General shall bring an action against the assessed owner or operator. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State. The State may be granted costs and attorney's fees for these collection actions."
SECTION 7. Section 41-16-180 of the 1976 Code is amended to read:
"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.
If the commissioner has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonable 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 8. This act takes effect upon approval by the Governor.