reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-80. Alteration permits.

On and after the effective date of regulations relating to alterations, detailed plans of each facility to be altered must be submitted to the Director, together with an application for an alteration permit, on forms to be furnished or approved by the Director. 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.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-90. Permits for new installations.

A permit must be issued by the Director 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 Director. 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.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-100. Operating certificates.

Operating certificates must be issued by the Director to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no certificates may be issued if the fees required by Section 41-16-140 have not been paid. Certificates must be issued within thirty days after 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 Director has expired, unless an operating certificate has been issued.
The operating certificate 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 certificate must be posted conspicuously in the car of an elevator or on or near a dumbwaiter, escalator, moving walk, handicap lift, or manlift.
HISTORY: 1985 Act No. 103, Section 1; 1993 Act No. 102, Section 7, eff June 14, 1993.
Effect of Amendment
The 1993 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-110. Temporary or permanent injunction for imminently dangerous facility.

If the Director 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 Director 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 ensure 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.
HISTORY: 1985 Act No. 103, Section 1; 1993 Act No. 102, Section 8, eff June 14, 1993.
Effect of Amendment
The 1993 amendment rewrote this section, retaining former subsection 3, and deleting subsections 1 and 2, which pertained to commissioner's orders to make changes and suspension and revocation of or refusal to issue operating permits.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-120. Exceptions or variances.

The Director, 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 Director 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.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-130. Access to facilities by inspectors.

Every owner of a facility subject to regulation by this chapter shall grant access to that facility to the Director and department personnel administering the provisions of this chapter. Inspections must be permitted at reasonable times, with or without prior notice.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-140. Fees.

The Director 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 Director 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.
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 attorneys' fees for such collection actions.
HISTORY: 1985 Act No. 103 Section 1; 1993 Act No. 102, Section 9, eff June 14, 1993.
Effect of Amendment
The 1993 amendment added the second paragraph.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-160. Preemption of local regulation.

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 Director, is void. The Director, 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.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-170. Criminal penalties.

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.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-180. Civil penalties.

1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered.
2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the Director 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 such violation.
3. Any owner, operator, or installation contractor 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 two times the applicable permit fee.
4. Any owner, operator, or management 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.
5. Any owner, operator, or management company who operates a facility after an order of the Director declaring that facility dormant, temporarily decommissioned, or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each such violation.
6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State.
7. Any owner, operator, management company, or contractor affected or aggrieved by (a) any act of the Director, (b) any citation issued by the Director, (c) any penalty assessed by the Director, or (d) any abatement period set by the Director may petition the Director within thirty days of notice of the act complained of for administrative review. The provisions of Article II (Administrative Procedures) of Act 176 of 1977, as amended, shall govern contested cases of this nature.
HISTORY: 1985 Act No. 103, Section 1; 1993 Act No. 102, Section 10, eff June 14, 1993.
Effect of Amendment
The 1993 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-10. Director's duties as to investigation of industrial disputes and conciliation.

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents shall (a) investigate industrial disputes or strikes or lockouts arising between employer and employees or capital and labor, (b) ascertain, as near as may be, the cause or causes of such industrial disputes or strikes or lockouts, (c) make a finding of fact in respect thereto, (d) endeavor, as far as possible, to remove misunderstandings or differences and to induce both sides to such an industrial dispute or strike or lockout to arrive at an agreement, (e) nominate, appoint or act as arbitrators when so requested by both sides to such a controversy and (f) in general, remove as far as possible the causes for industrial disputes or strikes or lockouts and induce an amicable settlement of them. Unless the Director or his agents find it inadvisable so to do the finding of fact of the Director or his agents as to all such disputes shall be reported to the Governor as soon as practicable in each case and annually to the General Assembly.
HISTORY: 1962 Code Section 40-301; 1952 Code Section 40-301; 1942 Code Sections 3253-18, 3253-19, 3253-21; 1932 Code Sections 6355, 6357; Civ. C. '22 Sections 5194, 5196; 1916 (29) 935; 1937 (40) 548; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-20. Conciliation committees.

When the Director or his agents shall fail to induce both sides of such an industrial dispute or strike or lockout to arrive at an agreement, the Director may appoint a committee of three as follows: One from capital, one from labor and one at large. The Director shall be ex officio chairman of such committee. The duties of the committee shall be the same as those prescribed for the Director in Section 41-17-10.
HISTORY: 1962 Code Section 40-302; 1952 Code Section 40-302; 1942 Code Section 3253-18; 1937 (40) 548.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-30. Chapter not applicable to railroad and express companies.

The provisions of this chapter shall not apply to any railroad corporation or express company doing business by rail or the receivers or trustees of any railroad corporation or express company doing business by rail or to any employee of any thereof.
HISTORY: 1962 Code Section 40-303; 1952 Code Section 40-303; 1942 Code Section 3253-18; 1937 (40) 548.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-40. Summoning and examining witnesses.

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents may summon and examine in public or in executive session any person concerned in any such strike or lockout or industrial dispute or any other person within the State and may compel them to testify.
HISTORY: 1962 Code Section 40-304; 1952 Code Section 40-304; 1942 Code Sections 3253-20, 3253-21; 1932 Code Sections 6356, 6357; Civ. C. '22 Sections 5195, 5196; 1916 (29) 935; 1937 (40) 548; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-50. Other powers of director regarding investigations.

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents may compel the production of books or documents relating to questions in dispute; inspect property with respect to which there is a dispute with relation to an industrial dispute or strikes or lockout; examine into working conditions and sanitary conditions; and at all times have access to any property or premises necessary to any such inspection.
HISTORY: 1962 Code Section 40-305; 1952 Code Section 40-305; 1942 Code Section 3253-20; 1932 Code Section 6356; Civ. C. '22 Section 5195; 1916 (29) 935; 1937 (40) 548; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-60. Powers of Governor.

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents can be called into session and into the performance of their duties and functions under this chapter by the Governor.
HISTORY: 1962 Code Section 40-306; 1952 Code Section 40-306; 1942 Code Section 3253-22; 1932 Code Section 6359; Civ. C. '22 Section 5198; 1916 (29) 935; 1937 (40) 548; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 17 - Conciliation Of Industrial Disputes › Section 41-17-70. Hindering director in performance of duties.

Any person that hinders or obstructs the Director of the Department of Labor, Licensing and Regulation or his designee or his agents in the full and free performance of their duties under this chapter shall be guilty of a misdemeanor for each and every such offense and upon conviction in a court of competent jurisdiction shall be fined not less than twenty-five dollars, nor more than one hundred dollars or sentenced to serve not more than thirty days upon the county chain gang.
HISTORY: 1962 Code Section 40-307; 1952 Code Section 40-307; 1942 Code Section 3253-18; 1937 (40) 548; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-10. Short title.

This chapter may be cited as the "South Carolina Amusement Rides Safety Code".
HISTORY: 1985 Act No. 103, Section 2; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1998 amendment deleted "is known and" preceding "may be cited".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-20. Legislative intent.

(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.
HISTORY: 1985 Act No. 103, Section 2; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1998 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-30. Applicability; exceptions.

(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.
(D) This chapter applies to concession go-karts. This chapter does not apply to super-karts, provided that:
(1) Only persons age eighteen or above who hold a valid driver's license are allowed to operate super-karts.
(2) No person shall operate a super-kart in any establishment where other amusement devices are located or operated. Establishments offering super-karts must not share an entrance or exit with any other establishment offering an amusement device and must charge a separate fee for operating super-karts.
(3) A sign shall be on display on the premises where super-karts are operated stating: "Super-karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-karts may reach speeds in excess of fifty miles per hour. Drive at your own risk."
(4) The owner of a super-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device.
HISTORY: 1985 Act No. 103, Section 2; 1993 Act No. 144, Section 1, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998); 2018 Act No. 188 (S.567), Section 1, eff May 15, 2018.
Effect of Amendment
The 1993 amendment, in subsection 1, added "or at other places open to the public".
The 1998 amendment added subsection (C), exempting air supported structures; and made nonsubstantive changes throughout the section.
2018 Act No. 188, Section 1, added (D), providing that the Safety Code applies to concession go-karts but does not apply to super-karts except for certain limited purposes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-50. Permit required; transferability of permits.

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.
HISTORY: 1985 Act No. 103, Section 2; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1998 amendment rewrote this section to substitute "director" for "commissioner", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-70. Inspection requirement.

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).
HISTORY: 1985 Act No. 103, Section 2; 1993 Act No. 144, Section 4, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1993 amendment changed the period within which the inspection must have been conducted, from within one year prior to the application to within one month prior to it.
The 1998 amendment substituted "director" for "commissioner", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-90. Liability insurance requirement.

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.
HISTORY: 1985 Act No. 103, Section 2; 1986 Act No. 514, Section 3A, eff June 12, 1986; 1993 Act No. 181, Section 981, eff February 1, 1994; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1986 amendment substituted "five hundred thousand dollars for each occurrence" for "one million dollars per occurrence".
The 1993 amendment substituted "Labor Division of the Department of Labor, Licensing, Regulation" and "Labor Division" for "commissioner", and "Director of the Department of Insurance" for "Chief Insurance Commissioner".
The 1998 amendment made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-100. Discrimination; duties of owner or lessee in event of catastrophic accident or accident resulting in serious injury; inspection and correction of defects.

(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.
HISTORY: 1985 Act No. 103, Section 2; 1993 Act No. 144, Section 6, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1993 amendment, in subsection 3, changed "prior to" to "immediately and in no case later than" and added the second sentence; in subsections 4 and 5 changed "serious injury" to "catastrophic accident"; and in subsection 5 added "failure" following "mechanical".
The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-110. Notice to owners and operators of amusement devices.

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.
HISTORY: 1985 Act No. 103, Section 2; 1993 Act No. 144, Section 7, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1993 amendment added "Upon request,".
The 1998 amendment substituted "director" for "commissioner".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-120. Promulgation of regulations; fees.

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.
HISTORY: 1985 Act No. 103, Section 2; 1986 Act No. 514, Section 3, eff June 12, 1986; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1986 amendment substituted "reasonable fees" for "fees", in the second sentence, and deleted provisions requiring fees to be based upon the costs of administering the chapter and limiting initial fees to fifty dollars per amusement device.
The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-130. Duties of director.

The director is charged with the affirmative duty of administering and enforcing this chapter.
HISTORY: 1985 Act No. 103, Section 2; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1998 amendment substituted "director" for "commissioner", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-140. Preemption of local regulations.

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.
HISTORY: 1985 Act No. 103, Section 2; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1998 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-150. Civil penalties.

(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.
HISTORY: 1985 Act No. 103, Section 2, eff January 1, 1986; 1993 Act No. 144, Section 8, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).
Effect of Amendment
The 1993 amendment, in the opening paragraph, deleted "any of the following"; in both subsections 1 and 2, rewrote paragraph (c), deleting reference to a civil penalty not to exceed two thousand dollars, and added paragraph (d).
The 1998 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-160. Catapulting amusement ride permit requirements.

(A) A catapulting amusement ride must meet the following requirements before the Department of Labor, Licensing and Regulation may issue a permit:
(1) the ride must have been in operation in another state or country for more than five years in order to compile a safety record that must be reviewed by the department;
(2) the ride must have an exemplary safety record in the discretion of the department;
(3) the ride must have cables or wire ropes attached to the safety car in at least four places;
(4) the ride may not incorporate or use bungee cords anywhere within the design of the ride; and
(5) at no time may a safety car or other suitable safety device be attached directly to a spring which is stretched or elongated in the manner of a bungee cord from the top of a tower or fixed position above the safety car or other suitable device.
(B) The department may deny a permit for a catapulting amusement ride if one or more of the requirements in subsection (A) are not satisfied."
HISTORY: 2005 Act No. 60, Section 2, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-170. Miniature train amusement ride requirements.

A miniature train amusement ride must satisfy the following requirements before the Department of Labor, Licensing and Regulation may issue a permit or renewal permit:
(1) the ride must have a properly operating speedometer;
(2) the ride must have a device that allows the speed of the train to be regulated and the speed of the train must be set so as to only operate at or below the maximum speed recommended by the manufacturer;
(3) all drivers operating the ride must be trained to operate the ride in accordance with the manufacturer's operation recommendations; a training record for each driver must be maintained by the owner or operator of the ride as long as the driver is employed by or operates the train on behalf of the owner or operator; and each driver must be tested by the department before the driver is authorized to operate the train; a driver employed to operate the train, or who will operate the train on behalf of the owner or operator, subsequent to the department issuing the permit or renewal permit does not affect the validity of the permit, so long as the driver does not operate the train until the driver has been tested by the department; and
(4) the ride must be inspected mechanically, including, but not limited to, a speed test of the train to ensure that the train is operating in accordance with the requirements of item (2), and in accordance with this chapter or regulations promulgated pursuant to this chapter, but in no case less than an annual inspection.
HISTORY: 2012 Act No. 129, Section 2, eff March 13, 2012.
Editor's Note
2012 Act No. 129, Section 1, provides as follows:
"This act may be cited as 'Benji's Law'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-310. Definitions.

As used in this article:
(1) "Parent or guardian" means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent.
(2) "Rider of a carnival or amusement device" or " rider" means a person who is:
(a) waiting in the immediate vicinity to get on a carnival or amusement device;
(b) getting on a carnival or amusement device;
(c) using a carnival or amusement device;
(d) getting off a carnival or amusement device; or
(e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device.
"Rider" does not include employees or agents of the owner of a carnival or amusement device while engaged in the duties of their employment.
(3) "Sign" means a symbol or language reasonably calculated to communicate information to riders or riders' parents or guardians including, but not limited to, placards, prerecorded messages, live public address, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals. Lettering on signs used for this purpose must be at least two inches in height.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-330. Obligations of parents and guardians of riders.

Parents or guardians of riders have a duty to ensure that the rider complies with all provisions of this article.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-340. Detention by security officer for safety warning violation; defense in civil action for detention.

(A) A security or law enforcement officer may detain a person for a reasonable time in a reasonable manner for the purpose of conducting an investigation if the security or law enforcement officer has reasonable cause to believe that the person has violated any posted rules or warnings or instructions of the owner of the carnival or amusement device or the owner's agent or employee.
(B) In a civil action brought by a person resulting from a detention of a person by a security or law enforcement officer, it is a defense to that action that the security or law enforcement officer who detained the person had reasonable cause to believe that the person had violated a posted rule or warning or instruction of the carnival or amusement device owner, or of the owner's employee or agent, and that the security or law enforcement officer detained the person for a reasonable time in a reasonable manner for the purpose of conducting an investigation of the alleged violation.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-350. Notice of safety warning compliance obligation; place of posting.

(A) The owner of a carnival or amusement device shall display signs that include this statement:
State law requires riders to obey all posted signs and warnings and instructions and to behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report all injuries before leaving.
(B) The owner shall display these signs at:
(1) any station for reporting an injury;
(2) any first aid station; and
(3) either:
(a) any entrance or exit to or from the premises designated for riders; or
(b) any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement device.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 18 - South Carolina Amusement Rides Safety Code › Section 41-18-360. Wilful violations; penalties.

A person who wilfully violates this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two months or both.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 21 - Future Volunteer Firefighters Act › Section 41-21-110. Junior Firefighters Program.

(A) The Director of the Department of Labor, Licensing and Regulation, in cooperation with the State Firefighters Association, may establish a junior firefighters program, consistent with all applicable state and federal child labor laws, for the purpose of encouraging, educating, and training qualified youth to enter the fire service as a career. Notwithstanding any other provision of law, qualified youth under eighteen years of age shall be allowed to participate in training activities offered by local fire departments, the Office of the State Fire Marshall, and the Department of Labor, Licensing and Regulation. As used in this subsection, the term "qualified youth" means an uncompensated fire department or rescue squad member who is between fourteen and eighteen years of age.
(B) Participants in the junior firefighters program are not considered employees of the State and are not considered eligible for unemployment compensation upon termination from the program; however, participants are entitled to all other work benefits, including workers' compensation or its equivalent.
HISTORY: 2010 Act No. 159, Section 2, eff May 12, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-10. Short title.

This chapter may be cited as the "South Carolina Private Personnel Placement Services Act".
HISTORY: 1962 Code Section 40-441; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-20. Definitions.

For the purposes of this chapter:
(a) "Secretary" means the Secretary of State or his designated representative.
(b) "Private Personnel Placement Service" includes any person who charges fees, whether direct or indirect, all or any part of which may be in consideration of the person providing information on employment opportunities, procuring or attempting to procure employment for applicants seeking employment, and for procuring or attempting to procure employees for employers seeking applicants, regardless of what the services are called, which must include, but not be restricted to, job listing services, employment information centers, executive search firms, outplacement services, career counseling services, consultants, or resume services that perform job market sourcing for applicants, corporate or private business services, and other professional consultants and all who market or advertise personnel services on a "third party" basis, unless covered under other provisions of law.
(c) "Private Personnel Placement Service" does not include:
(1) Any placement office conducted by an incorporated bar association, hospital, association of registered professional nurses, registered medical institution, or by an incorporated association or society of professional engineers, or by an incorporated association or society of land surveyors, or by an incorporated association or society of registered architects;
(2) Any organization operated by or under the exclusive control of a bona fide nonprofit educational, religious, charitable, or eleemosynary institution;
(3) Temporary help services;
(4) Any organization operated by a governmental authority.
(d) "Placement fee" means any thing of value, paid, or directed to be paid, including retainer fees for providing information on employment opportunities, for the service of procuring or attempting to procure employment for persons seeking employment, or for procuring or attempting to procure employees for employers seeking applicants, or charges by persons performing services as defined in item (b) of this section.
(e) "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing.
(f) "Applicant" means anyone performing or seeking to perform work, service, or labor of any kind and who had for this purpose visited or been in contact with a Private Personnel Placement Service.
(g) "Employer" means any person who engages or who seeks to engage applicants for employment.
HISTORY: 1962 Code Section 40-431; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1; 1989 Act No. 147, Section 1, eff June 8, 1989.
Effect of Amendment
The 1989 amendment in (b) and (d) inserted "providing information on employment opportunities,", and also in (b) inserted "job listing services, employment information centers,".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-40. Duties of licensees.

Every licensed private personnel placement service in the State shall:
(a) Openly and in a place accessible to applicants and employees alike, display the license.
(b) Make available to each applicant a copy of every contract between the private personnel placement service and the applicant which shall have printed on it or attached to it a copy of the fee and placement fee schedules.
(c) Guarantee, to the applicant through contractual agreement between the private personnel placement service and the applicant who pays a placement fee, every job placement for a minimum period of ninety calendar days. Should the position end in less than ninety calendar days, regardless of the cause for termination, the fee or service charge for services rendered must be adjusted to and shall not exceed the amount of the original fee prorated over ninety calendar days from the beginning date of employment. Should the applicant not report for work, regardless of the reason, there may be no fee charged to the applicant.
HISTORY: 1962 Code Section 40-433; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.