Current Status Bill Number:View additional legislative information at the LPITS web site.2061 Ratification Number:148 Act Number:103 Introducing Body:House Subject:South Carolina Elevator Code
(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.