Current Status Introducing Body:House Bill Number:3717 Ratification Number:225 Act Number:144 Primary Sponsor:Rogers Type of Legislation:GB Subject:Amusement Rides Safety Code Date Bill Passed both Bodies:19930526 Computer Document Number:BBM/10363JM.93 Governor's Action:S Date of Governor's Action:19930614 Introduced Date:19930316 Date of Last Amendment:19930518 Last History Body:------ Last History Date:19930614 Last History Type:Act No. 144 Scope of Legislation:Statewide All Sponsors:Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3717 ------ 19930614 Act No. 144
3717 ------ 19930614 Signed by Governor
3717 ------ 19930610 Ratified R 225
3717 House 19930526 Concurred in Senate
amendment, enrolled for
ratification
3717 Senate 19930519 Read third time, returned
with amendment
3717 Senate 19930518 Amended, read second time,
unanimous consent for third
reading on Wednesday, May 19,
1993
3717 Senate 19930517 Committee Report: Favorable 12
with amendment
3717 Senate 19930428 Introduced, read first time, 12
referred to Committee
3717 House 19930427 Read third time, sent to
Senate
3717 House 19930422 Read second time
3717 House 19930421 Committee Report: Favorable 26
3717 House 19930316 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
(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.