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South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4000 - Purpose and Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. Chapter
			 18 of Title 41, S.C. Code of Laws, 1976 (as amended) provides that the
			 Commissioner of Labor promulgate regulations to guard against personal injuries
			 in the assembly, disassembly, and use of amusement devices at carnivals, fairs,
			 and amusement parks and to assure to any injured person the possibility of
			 financial recovery for such injuries. It is the purpose of these regulations to
			 set minimum acceptable safety standards for design, construction, operation and
			 inspection of such amusement devices.
2. All definitions found in 41-18-40 apply to
			 these regulations.
A. Accepted engineering
			 practice: that which conforms to accepted principles, tests, or standards of
			 nationally recognized technical or scientific authorities.
B. Operator: the person having direct control
			 of the starting, stopping, or speed of an amusement device.
C. NDT: Non-Destructive Testing: Assorted
			 testing methods used to disclose latent defects during which test the physical
			 or chemical state of the material is not altered.
D. Imminent Danger: A condition which exists
			 due to a mechanical, electrical, structural, design, or other defect which
			 presents an excessive risk of serious injury to passengers, bystanders,
			 operators, or attendants.
E.
			 Operational Tests: Measurements of safety mechanisms which do not come into
			 play during routine operation.
F.
			 Open to the Public: Accessible or available to members of a community or
			 population, irrespective of whether a fee is charged and without regard to the
			 number of days that the device is available for use. It does not include a
			 private club, organization, or institution utilizing a selection and approval
			 process for membership that operates the device exclusively for the use of its
			 members on premises owned or controlled by it. It also does not include a
			 private residence where the device is operated by family members and their
			 guests for non-business purposes. A club, organization, or institution that
			 offers memberships for less than thirty days is not private.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4100 - Maintenance of On-Site Information

Current through Register Vol. 48, No. 6, June 28, 2024
All owners shall maintain certain physical information at the
				site of operation of all amusement devices in South Carolina.
A. Name Plate-A unique identifying name plate
			 in English shall be permanently affixed to each amusement device specifying
			 location of manufacturer by city, state, and country. This name plate shall
			 also have the serial number, device model number, and date of manufacture. In
			 addition, a state ID number tag supplied by the Department shall be permanently
			 affixed to the device.
B. Static
			 and Dynamic Information-Each owner shall maintain at the site of operation of
			 the amusement device the following information: height, width, diameter, and
			 weight when in a non-operational state with no passengers and in a fully
			 operational state with passengers.
C. Speed-When the proper speed is essential
			 to the operation of the device, each owner shall maintain at the site of
			 operation of the amusement device the following information:
(1) Maximum revolutions per minute,
			 or
(2) Maximum feet per second or
			 miles per hour.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4200 - Operation Procedures for Amusement Devices; Owners/Operator's Responsibility

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each
			 owner of an amusement device shall read and become familiar with the contents
			 of the manufacturer's recommended operating instructions. Each owner shall
			 prepare an operating fact sheet. This fact sheet shall be provided to each
			 device operator and attendant of the amusement device. The owner's fact sheet
			 (on a device-by-device basis) shall include but not be limited to:
A. Specific device operation policies and
			 procedures with pertinent information from the manufacturer's
			 instructions;
B. Description of the
			 device operation;
C. Duties of the
			 specific assigned position of the device operator or attendant;
D. General safety procedures;
E. Additional recommendations of the
			 owner/operator; and
F. Specific
			 emergency procedures in the event of an abnormal condition or an interruption
			 of service.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4300 - Operational Testing

Current through Register Vol. 48, No. 6, June 28, 2024
1. The owner of
			 a device shall use manufacturer's operational tests, along with maximum
			 intervals for these tests to be performed, to determine whether a safety
			 mechanism is operating within operational limits as recommended by the
			 manufacturer. If manufacturer's guidelines for operational testing are not
			 available, the owner shall use operational tests based on available guidelines
			 for devices similar in design and function.
2. Non-Destructive Testing (NDT): NDT shall
			 be performed in conformance with manufacturer's specifications. In addition,
			 any hidden shaft or structural member in an amusement device may be required to
			 undergo NDT after written notice to the owner is given by the Department. The
			 notice will specify a date by which NDT shall be completed.
3. The owner of a device shall conduct the
			 tests developed under Section 71-4300 (1) and (2) at regular intervals and
			 shall record the results of operational tests and shall provide the results to
			 the Commissioner upon request.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4400 - Maintenance Procedures for Amusement Devices

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each owner of an amusement device shall
			 read and become familiar with the contents of the manufacturer's maintenance
			 instructions and specifications. Based on the manufacturer's recommendations,
			 each owner shall develop and implement a program of maintenance and inspections
			 providing for the duties and responsibilities necessary in the care of each
			 amusement device. This program of maintenance shall include a checklist
			 provided to each person performing the regularly scheduled maintenance on each
			 device. The owner's checklist (on a device-by-device basis) shall include but
			 not be limited to the following:
A. A
			 description of preventive maintenance assignments to be performed with
			 frequency;
B. A description of
			 inspections to be performed with frequency;
C. Special safety instructions, where
			 applicable; and
D. Any additional
			 recommendations of the owner.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4450 - Miscellaneous Safety Requirements for Amusement Rides

Current through Register Vol. 48, No. 6, June 28, 2024
1. Electrical Systems.
A. The following wiring systems are
			 acceptable:
(1) Three Phase System with an
			 equipment grounding conductor grounded at the power source that is not bonded
			 to a neutral conductor (except at the source) and is constructed in accordance
			 with the 1990 National Electrical Code. Compliance with the requirements of any
			 later edition of the National Electrical Code will be accepted by the Director
			 as compliance with the 1990 edition.
(2) Single Phase System with an equipment
			 grounding conductor grounded at the power source that is not bonded to a
			 neutral conductor (except at the source) and is constructed in accordance with
			 the 1990 National Electrical Code. Compliance with the requirements of any
			 later edition of the National Electrical Code will be accepted by the Director
			 as compliance with the 1990 edition.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4475 - Additional Rules for Individual Amusement Devices

Current through Register Vol. 48, No. 6, June 28, 2024
1. Chair lifts and Trams shall be designed
			 and maintained per ANSI B77.1 1982 and all supplements thereto. Compliance with
			 the requirements of any later edition published by the American National
			 Standards Institute shall be accepted by the Commissioner as compliance with
			 this section.
2. Go Carts.
A. All wheel wells must be enclosed, except
			 for Grand Prix style cars which race individually.
B. All tracks must have a liner rail, except
			 for Grand Prix style cars which race individually.
C. Helmets must be provided for all patrons
			 desiring to use them.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4500 - Insurance Bond, or Other Security

Current through Register Vol. 48, No. 6, June 28, 2024
1. Before any permit can be issued, the owner
			 must file with and have accepted by the Commissioner an approved Certificate of
			 Insurance against liability for injury to persons arising out of the use of an
			 amusement device, to be in an amount not less than that specified by South
			 Carolina Code of Laws, 1976, Title 41, Chapter 18, as amended.
2. Evidence of insurance may be:
A. A policy of insurance procured from one or
			 more insurers acceptable to the Chief Insurance Commissioner of South Carolina
			 as either:
(1) Licensed to transact insurance
			 in South Carolina;
(2) Approved as
			 a non-admitted surplus lines carrier for risks located in this State;
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4600 - Permit Required

Current through Register Vol. 48, No. 6, June 28, 2024
1. Before
			 beginning operation of any amusement device within South Carolina, the owner
			 shall have posted on the amusement device a valid permit to operate issued by
			 the Commissioner. A permit to operate is valid for a period of one calendar
			 year terminating on December 31 of the year issued.
2. All new amusement devices permitted within
			 South Carolina beginning July 1, 1993, shall meet the requirements of the 1992
			 edition of ASTM Standards on Amusement Rides and Devices, and the South
			 Carolina Amusement Ride Code and any later editions; or be certified by a
			 licensed architect or professional engineer.
3. A complete set of manuals for assembly,
			 maintenance and operation of the device shall be maintained by the owner. All
			 manuals shall be in English. If manufacturer's manuals or guidelines are not
			 available, the owner shall use manuals or guidelines for devices similar in
			 design and function.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4610 - Permit Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each application for a permit shall be in
			 writing and received by the Commissioner no less than ten (10) days before the
			 first intended date of use.
2. Each
			 permit application shall include the following information:
A. Name of the owner of the amusement
			 device;
B. The address of the
			 owner;
C. The name of the state
			 under whose laws the owner is incorporated (if incorporated);
D. The model number and serial number of the
			 amusement device and name and address of manufacturer;
E. Acceptable evidence of the liability
			 insurance policy, bond, or other security covering the amusement device. The
			 Commissioner may, at his discretion, require submission of the complete copy of
			 insurance; and
F. A notarized
			 inspection report by a special inspector or in the alternative, a request for
			 inspection by the Department.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4700 - Fee Schedule

Current through Register Vol. 48, No. 6, June 28, 2024
1.
A. Upon application for a permit with a
			 request for inspection by the South Carolina Department of Labor, Licensing and
			 Regulation, Division of Labor, an annual fee shall be charged at the rate of:
Kiddie device
$50.00
Major/spectacular devices
$100.00
Mobile/fixed roller coasters
$250.00
B. Fees
			 under 71-4700 include one permit inspection. Any return inspection resulting
			 from the owner's failure to comply, will be charged at a rate of $75 per hour
			 in addition to the annual fee, including travel time.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4800 - Qualifications of Approved Special Inspectors

Current through Register Vol. 48, No. 6, June 28, 2024
1. A special inspector shall have the
			 following qualifications:
A.
(1) At least five (5) 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 (12)
			 semester hours of course work in the area of mechanics and strength of
			 materials.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4910 - Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any owner to
			 whom a Notice of Non-Compliance or Notice of Proposed Penalty has been issued
			 may serve a Notice of Protest upon the Commissioner within thirty (30) days of
			 the receipt by the owner of the Notice of Non-Compliance or of the Notice of
			 Proposed Penalty.
2. Notice of
			 Hearing
A. Service: Upon receipt of a Notice
			 of Protest or any Notice of Non-Compliance by any owner of any amusement
			 device, the Commissioner shall serve notice of a hearing to be held to
			 determine the issues.
B. Contests:
			 The notice of hearing shall include:
(1)
			 Time, place, and nature of the hearing. The time shall be at least thirty (30)
			 days from the service of notice of hearing unless the owner shall ask in
			 writing for a shorter time;
(2) A
			 short statement of the issues involved; and
(3) Designation of the representative of the
			 Commissioner who shall conduct the hearing as Hearing Examiner.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4920 - Procedure for Applications for Variance

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any amusement device owner may apply to
			 the Commissioner of Labor for a variance, either temporary or permanent, from
			 any rule or regulation under this article.
2. Such variance shall be granted at the
			 discretion of the Commissioner if the owner establishes by sufficient evidence
			 that:
A. He is unable to comply with a rule
			 or regulation because of unavailability of professional or technical personnel
			 or data or of materials and equipment needed to come into compliance with the
			 rule or regulation; and
B. He is
			 taking effective alternative steps to safeguard the public against the hazard
			 covered by the rule or regulation.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 4 - AMUSEMENT RIDES SAFETY CODE › Section 71-4950 - Information to be Made Available to Commissioner

Current through Register Vol. 48, No. 6, June 28, 2024
The owner shall be responsible for maintaining and making
				available to the Commissioner all information required by the Amusement Ride
				Safety Code and these regulations. This information shall be made available to
				the Commissioner upon request.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5000 - Purpose and Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. Chapter
			 16 of Title 41, South Carolina Code of Laws, 1976 (as amended) provides that
			 the Commissioner of Labor promulgate regulations governing maintenance,
			 construction, alteration, and installation of elevator facilities and the
			 inspection and testing of new and existing elevator installations so as to
			 provide for the public safety and protect the public welfare. It is the purpose
			 of these regulations to set minimum acceptable safety standards for the
			 construction, alteration, maintenance, inspection, testing and operation of
			 elevator facilities in South Carolina.
2. All definitions found in Section
			 41-16-20
			 apply to these regulations.
A. "Serious
			 injury" means an injury that results in death or which requires immediate
			 in-patient hospitalization. Fractures and disfigurements are considered serious
			 injuries, even where no hospitalization is required.
B. "Imminent danger" means a condition which
			 exists due to a design, mechanical, structural or electrical defect which
			 presents an excessive risk of serious injury to passengers, operators, or the
			 general public.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5100 - Safety Standards for New Installations

Current through Register Vol. 48, No. 6, June 28, 2024
1. All facilities installed after July 1,
			 1986, shall comply with the officially adopted editions of the ASME A17.1
			 Elevator Code and all supplements thereto, at the time the permit is issued. In
			 the alternative, manlifts may comply with the 1992 editions of the ANSI A90.1
			 Safety Standards for Manlifts and all supplements thereto. In the alternative
			 platform and stairway chairlifts may comply with ANSI A18.1 and all supplements
			 thereto. Compliance with any later edition of the required safety codes shall
			 be accepted by the director as compliance with the section.
2. All new facilities shall be free from
			 recognized hazards or defects which may cause serious injury.
3. All safety devices provided by the
			 manufacturer and installed on any new installation shall be maintained so as to
			 operate properly per manufacturer's specifications or be replaced with
			 equivalent equipment.
4.
			 Miscellaneous Safety Requirements for New Installations:
A. A 17.1 , Rule 100.7 is repealed.
			 Substitute Rule 5100-4 A to read in its entirety-Hoistway doors shall have
			 floor numbers, not less than four inches in height, located on the hoistway
			 side of the door within the area allowable for opening by the door
			 restrictor.
B. Electrolysis
			 protection for underground hydraulic elevator cylinders. All newly installed
			 underground hydraulic pressure cylinders shall be encased in an outer plastic
			 containment to minimize electrolytic corrosion.
(1) The plastic casing shall be capped at the
			 bottom and all joints must be solvent or heat welded to insure water
			 tightness.
(2) The plastic casing
			 shall be constructed of polyethylene or polyvinyl chloride (PVC). The plastic
			 pipe wall thickness must not be less than .125 inches (3.551mm).
(3) Replacements of existing hydraulic
			 cylinders shall be protected by the aforementioned method where existing
			 physical dimensions permit.
C. The key switches required to operate
			 firefighters' service on Phase I and II shall use a five pin key, S.C.
			 #1000.
D. A17.1, Rule 106.1(b)(3)
			 is repealed. Sump pumps or drains are not required in elevator pits by these
			 regulations. Where indicated by design consideration, sump pumps or drains
			 shall comply with ANSI A17.1, Rule 106.1(b)(3).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5300 - Permits and Certificate Required

Current through Register Vol. 48, No. 6, June 28, 2024
1. Construction Permits:
A person, firm or corporation shall not erect, construct, alter
				or install after July 1, 1986, any facility without first obtaining from the
				Commissioner a construction permit for such work.
2. Registration and Operating Certificate:
A person, firm, or corporation shall not operate any facility
				serving any building or structure without a certificate of registration and an
				operating certificate issued by the Commissioner of Labor.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5310 - Application for Construction Permit, Elevator Registration, and Operating Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each
			 application for a construction permit for new installation, alteration, or
			 relocation shall be made on a form provided by the Commissioner and shall
			 include three (3) copies of:
A. Detailed
			 plans including:
(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.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5500 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
1. All components,
			 devices, and equipment, structures and other related items for facilities shall
			 be inspected upon initial installation or registration, or at the time of
			 alteration or repair prior to issuing an operating certificate and a minimum of
			 one (1) time per year thereafter, prior to renewing an operating certificate.
Exceptions:
a) All
			 nuclear facilities employing high radiation shall be inspected at least once
			 every two (2) years or before use by workers during routine plant shutdown.
			 Such inspections may be scheduled to coincide with routine plant
			 shutdown.
b) Dumbwaiters shall be
			 inspected each time they are installed or altered.
c) Handicap lifts shall be inspected every
			 five (5) years.
d) Manlifts,
			 television tower elevators and special purpose elevators shall be inspected
			 every seven (7) years.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5550 - Accidents and Dangerous Facilities

Current through Register Vol. 48, No. 6, June 28, 2024
1. When an accident occurs involving a
			 covered facility and an employee(s) of the owner or lessee, the owner or lessee
			 shall report the accident according to the applicable Occupational Safety and
			 Health regulations, South Carolina Rules and Regulations, Chapter 71, Article
			 1, Subarticle 3. The owner or lessee of any facility which, during the course
			 of its operation, is involved in an accident which results in a serious injury
			 to any person other than an employee shall report the injury to the
			 Commissioner before the end of the next working day.
The report will include the names and addresses of the injured
				parties, the hospital where treatment was rendered, type of injuries, type of
				device involved owner, and any other information pertaining to the events
				leading up to the nature of and the outcome of the accident, as well as the
				status of the device involved in the accident.
2. If the inspector finds that a facility
			 presents an imminent danger, he will notify in writing the facility operator,
			 owner or lessee. If the facility is not immediately removed from service, the
			 inspector will file a report of the imminent danger with the Commissioner of
			 Labor. A temporary or permanent restraining order will be sought where
			 appropriate.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5600 - Fee Schedules

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Construction Permits
A. The fee for a
			 construction permit shall include the fee for registration and the first annual
			 operating certificate of a facility
Contract Price/Per Facility
Fee
$1 -$ 10,000
$250.00
$ 10,001 -$30,000
$295.00
$30,001 -$50,000
$345.00
$50,001 -$80,000
$390.00
$80,001 -$ 100,000
$410.00
$100,001-$200,000
$460.00
$200,001-and up
$510.00
B. Fees
			 under 71-5600 include one turn-over inspection. Any return turn-over
			 inspection, for failing to comply, will be charged at a rate of $75.00 per hour
			 including travel time.
C. A fee of
			 $250.00 will be charged upon issuance of atemporary certificate, good for
			 aperiod of no more than sixty (60) days. At the end of sixty (60) days the
			 owner may a) apply for a renewal of atemporary certificate with a fee of
			 $250.00; b) have the elevator ready for a complete turnover inspection; or c)
			 remove the elevator from service.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5700 - Procedure for Hearing Contested Citations and Assessments of Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any owner
			 aggrieved by any action taken pursuant to these rules may file a Notice of
			 Protest within thirty (30) days of the date of the action protested.
2. Notice of Hearing.
A. Service: Upon receipt of a Notice of
			 Protest by any owner of any facility, the Commissioner shall serve notice of
			 the time, place, and nature of a hearing to be held to determine the
			 issues.
B. Contests: The Notice of
			 Hearing shall include:
(1) Time, place, and
			 nature of the hearing. The time shall be at least thirty (30) days from the
			 service of Notice of Hearing unless the owner shall ask in writing for a
			 shorter time;
(2) A short statement
			 of the issues involved; and
(3)
			 Designation of the representative of the Commissioner who shall conduct the
			 hearing as Hearing Examiner.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES › Section 71-5800 - Procedure for Application for Variance

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any owner of any facility may apply to the
			 Commissioner of Labor for a variance, either temporary or permanent, from any
			 rule or regulation under this article.
2. Such variance shall be granted at the
			 discretion of the Commissioner if the owner establishes by sufficient evidence
			 that:
A. He is unable to comply with a rule
			 or regulation because of unavailability of professional or technical personnel
			 or data or of materials, design or equipment needed to come into compliance
			 with the rule or regulation; and
B.
			 He is taking alternative steps to safeguard against the hazard covered by the
			 rule or regulation.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 6 - PAYMENT OF WAGE ADMINISTRATIVE APPEALS HEARINGS › Section 71-6000 - Procedures for Hearing Payment of Wages Administrative Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any employer
			 aggrieved by any citation or penalty assessed pursuant to South Carolina Code
			 Section
			 41-10-80
			 may file a Notice of Protest within thirty (30) days of the date of the action
			 protested.
2. Notice of Hearing
a. Upon receipt of a Notice of Protest, the
			 Commissioner shall serve notice of the time, place, and nature of a hearing to
			 be held to determine the issues.
b.
			 The notice of hearing shall include the designation of the representative of
			 the Commissioner who will conduct the hearing as Hearing Examiner, a short
			 statement of the issues involved, and notice of the time and place of the
			 hearing. The time shall be at least thirty (30) days from the service of the
			 notice of hearing unless the employer makes a written request for a shorter
			 time.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.1 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of
			 this regulation is to provide reasonable safety and protection to the public,
			 public property, private property, and licensees from the manufacture, storage,
			 sale and possession of fireworks in South Carolina.
B. This regulation shall apply to:
1. The manufacture, sale, storage, and
			 possession of fireworks.
2. The
			 licensing of persons or entities manufacturing, selling or storing
			 fireworks.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.2 - Codes and Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 requirements of NFPA 1124, 2006 Edition, including Annex A, B, C, and D, shall
			 constitute the minimum standards for manufacture, storage, and retail sales of
			 all fireworks and pyrotechnic articles used in South Carolina, except as
			 modified by these regulations.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.3 - Licensing and Permitting Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 All fees are due at time of application for licenses or permitting.
B. License or permit applications without
			 inspections reports are due in the Department fifteen (15) business days before
			 the start of operations. Applications submitted less than fifteen (15) business
			 days before the start of operations will be subject to a $200 special
			 processing fee.
C. License or
			 permit applications, with inspections reports, are due in the Department two
			 (2) business days before the start of operation. Applications submitted less
			 than two (2) business days before the start of operation will be subject to a
			 $200 special processing fee.
D.
			 Fees for licenses and permits are:
1.
			 Manufacturer License$2,000
2.
			 Wholesaler License$1,250
3. Jobber
			 License$500
4. Retailer Permit (per
			 location)$200
5. Temporary Retailer
			 Permit (per location)$100
6.
			 Display Magazine Permit$100
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.4 - Licensing and Permitting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Licenses are valid for up to one (1)
			 calendar year. Licenses expire August 31 and must be renewed every
			 year.
B. Permits are valid for up
			 to one (1) calendar year. Licenses expire August 31 and must be renewed every
			 year.
C. Temporary Retailer Permits
			 expire when the underlying insurance expires or after ninety (90) days,
			 whichever occurs first.
D. Before a
			 license or permit may be issued, the facility must be inspected following the
			 procedures set forth by the Board.
E. All facilities must be inspected by a
			 county, city or state inspector on a form approved by the Board before the
			 issuance of the license.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.5 - Supplemental Provisions for Sale of Pyrotechnics

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each temporary structure shall be located
			 in such a manner as to make it immobile and to prevent it from shifting or
			 blowing over. Tie down devices may be affixed to prevent shifting or blowing
			 over, and wheels shall be removed.
B. These general provisions do not exempt
			 retail fireworks establishments from other rules and regulations where
			 applicable.
C. The operator's,
			 salesman's or handler's conduct or condition shall be as such as not to imperil
			 the public safety.
D. The operator,
			 salesman, or handler at a location selling retail fireworks shall be capable of
			 reading, writing, speaking and understanding the English language at a level
			 sufficient to read and explain all notices applicable to fireworks.
E. No person under the age of sixteen (16)
			 shall be sold permissible fireworks.
F. All disputes arising as a result of these
			 Rules and Regulations shall be referred to the Board.
1. Any party involved in a dispute arising
			 under these Rules and Regulations may within fifteen (15) days of the
			 occurrence giving rise to such dispute petition the Board, in writing via
			 certified or registered mail, for an appearance before the Board. The petition
			 shall plainly and substantially set forth the details of the occurrence,
			 including its time, location and date, and state petitioner's reasoning for
			 request to appear before the Board.
2. The Board shall, within twenty (20) days
			 of receipt of a written request for appearance, make a determination as to the
			 necessity of the appearance and notify the petitioner, in writing via certified
			 or registered mail, of its decision to grant or deny the appearance, and the
			 reasons therefore.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.6 - Wholesale Distributors and Jobbers

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Wholesalers and Jobbers shall store
			 permissible fireworks in their original packaging and in unopened cases or
			 cartons, so as to take advantage of the insulation provided by such packaging,
			 provided. However, unopened fireworks packages that have been returned by
			 retailers for repackaging or resale may be temporarily retained in
			 bins.
B. No person under the age of
			 eighteen (18) shall be employed or allowed to participate as a handler of
			 fireworks.
C. The salesman's or
			 handler's conduct or condition of sobriety shall be such as not to imperil the
			 public safety, and this individual shall be capable of reading, speaking and
			 understanding the English language.
D. All disputes arising as a result of these
			 rules and regulations shall be referred to the Board.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.7 - Storage of Display Fireworks

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Storage of all display fireworks must comply with:
1. NFPA 1124.
2. The requirements in 18 United States Code,
			 Chapter 40 and 27 Code of Federal Regulations Part 55 as enforced by the Bureau
			 of Alcohol, Tobacco and Firearms.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 7 - PYROTECHNIC SAFETY › Section 71-7405.8 - Sale of Display Fireworks

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Display fireworks may only be sold to persons that have been licensed by the
			 proper state and federal agencies.
B. Each distributor of display fireworks
			 shall provide to the purchaser necessary permit forms for fireworks displays in
			 South Carolina, and all sales records shall be kept opened for inspection by
			 the authorities for no less than twenty-four (24) months.
C. No one under the age of eighteen (18)
			 shall be employed as a salesman or handler of display fireworks.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY › Section 71-8300 - Fire Prevention and Life Safety

Current through Register Vol. 48, No. 6, June 28, 2024
Statutory Authority: 1976 Code Sections
					 23-9-20,
					 23-9-30,
					 39-41-260,
					 40-82-70
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY › Section 71-8300.1 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. Title. These
				regulations shall be known as the State Fire Marshal's Rules and
				Regulations.
B. Intent.
1. The purpose of these regulations is:
a. to safeguard to a reasonable degree, life
				and property from fire, explosion, dangerous conditions, natural disasters,
				acts of terrorism, and other hazards associated with the construction,
				alteration, repair, use, and occupancy of buildings, structures, or premises,
				and
b. to provide safety to fire
				fighters and emergency responders during emergency situations.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY › Section 71-8300.2 - Codes and Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
				references to codes and standards found in these regulations refer to the
				editions specified in the SCFC unless otherwise stated in these regulations or
				adopted by state statutes.
B. In
				accordance with S.C. Code Ann. Section
				1-34-30(A), the
				Office of the State Fire Marshal hereby adopts the latest edition of the
				nationally-recognized codes with referenced standards adopted and promulgated
				by the South Carolina Building Codes Council. The requirements of the IFC,
				International Fire Code, (as adopted pursuant to S.C. Code Ann. Section
				6-9-5, et seq., 1976, as amended)
				shall constitute the minimum standards for fire prevention and life safety
				protection for construction, occupancy, and use of all buildings, structures,
				and premises within the scope of these regulations except as modified by these
				regulations. In addition, to the extent to which they can be applied without
				conflicting with other state regulations or state statutes, the following
				sections of Chapter 1 of the 2021 edition of the IFC shall apply:
1. Scope and General Requirements
				(Section101). "The State of
				South Carolina" shall be used for the Name of Jurisdiction.
2. Applicability (Section
				102)
3. Liability (Section104.7)
4. Maintenance (Section109)
5. Service Utilities (Section110)
6. Stop Work Orders (Section113)
7. Unsafe Structures or Equipment (Section
				114)
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY › Section 71-8300.3 - Alternate Materials and Alternate Methods of Construction

Current through Register Vol. 48, No. 6, June 28, 2024
A. The requirements
				of these regulations are not intended to prevent the use of any material or
				method of construction not specifically prescribed by the regulations, adopted
				codes, or standards enforced by the OSFM. The SFM has the authority to accept
				alternative methods of compliance within the intent of these regulations, after
				finding that the materials and method of work offered is for the purpose
				intended, at least the equivalent of that prescribed in these regulations in
				quality, strength, effectiveness, fire resistance, durability, and safety. The
				SFM shall require submission of sufficient evidence or proof to substantiate
				any claim made regarding use of alternative materials and methods.
B. Compliance with applicable standards of
				the National Fire Protection Association, or other nationally recognized fire
				safety standards, may be used for consideration of alternative methods if found
				suitable by the SFM.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 1 - FIRE PREVENTION AND LIFE SAFETY › Section 71-8300.4 - Submittals for Plan Review

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Construction documents and/or shop drawings, as appropriate, must be submitted
				to the OSFM for the following:
1. Fire
				sprinkler systems per S.C. Code Ann. Section
				40-10-260.
2. LP-Gas systems per R.71-8304.
3. Hydrogen facilities per S.C. Code Ann.
				Section 23-9-510 et seq.
4. Facilities that the OSFM is contractually
				obligated to review.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 2 - FIRE PREVENTION AND LIFE SAFETY FOR SPECIAL OCCUPANCIES › Section 71-8301 - Fire Prevention and Life Safety for Special Occupancies

Current through Register Vol. 48, No. 6, June 28, 2024
Statutory Authority: 1976 Code Section
					 23-9-20(A)(5)
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 2 - FIRE PREVENTION AND LIFE SAFETY FOR SPECIAL OCCUPANCIES › Section 71-8301.1 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of
				this Subarticle is to provide specific requirements for certain
				occupancies.
B. This regulation
				shall apply to new and existing foster homes.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 2 - FIRE PREVENTION AND LIFE SAFETY FOR SPECIAL OCCUPANCIES › Section 71-8301.2 - Codes and Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
				references to codes and standards found in these regulations refer to the
				editions adopted in R.71-8300.2 and are
				modified by the following regulations as shown below.
B. The building code shall define occupancy
				classifications referenced in these regulations.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 3 - EXPLOSIVES › Section 71-8302 - Explosives

Current through Register Vol. 48, No. 6, June 28, 2024
Statutory Authority: 1976 Code Sections
					 23-9-20,
					 23-9-50,
					 23-36-10 et
					 seq.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 3 - EXPLOSIVES › Section 71-8302.1 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of
				this regulation is to provide reasonable safety and protection to the public,
				public property, private property, and operators from the manufacture,
				transportation, handling, use, and storage of explosives in South
				Carolina.
B. This regulation shall
				apply to the manufacture, transportation, handling, use, and storage of
				explosives in South Carolina.
C.
				This regulation does not apply to the sale or storage of fireworks as regulated
				by the Board of Pyrotechnic Safety.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 3 - EXPLOSIVES › Section 71-8302.2 - Definitions, Codes and Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				All definitions and references to codes and standards found in these
				regulations are promulgated in R.71-8300.2 unless
				modified by the following regulations as shown below.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 3 - EXPLOSIVES › Section 71-8302.3 - Licensing and Permitting Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				All applications for licenses and permits shall be accompanied by the
				appropriate fees as established per S.C. Code Ann. Section
				23-36-40:
1. Class I Dealer License -
				$1,000.00
2. Class II Dealer
				License - $250.00
3. Explosive
				Magazine Permit - $50.00
4. Blaster
				License - $250.00
5. Blasting
				Permits - 30 days - $50.00
6.
				Blasting Permits - 90 days - $100.00
7. Blasting Permits - 180 days -
				$250.00
8. Blasting Permits - 365
				days - $500.00
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 8 - OFFICE OF STATE FIRE MARSHAL › Subarticle 3 - EXPLOSIVES › Section 71-8302.4 - Licenses and Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Classification of Licenses and Permits
Class
Category
Blasting Permitted
1.
A
Unlimited
All types of blasting
2.
B
General
All phases of blasting operations in quarries,
								aboveground open pit mines, and aboveground construction
3.
C
General
All phases of blasting operations in underground
								mines, shafts, tunnels, and drifts
4.
D
Demolition
All phases of blasting in demolition
								projects
5.
E
Seismic
All phases of blasting in seismic
								prospecting
6.
G
Special
Special blasting as described on the
								permit
B.
				Licenses
1. No person shall be granted a
				license who has not successfully completed a written examination administered
				or accepted by the OSFM covering the applicable codes, state laws and
				regulations for the license classification for which they are
				applying.
2. Licenses are not
				transferable.
3. The OSFM may
				accept determination of relief from disability incurred by reason of a criminal
				conviction that has been granted by the Director of the Bureau of Alcohol,
				Tobacco, Firearm and Explosives, U. S. Department of Justice, Washington, D.C.,
				pursuant to Section
				555.142, Subpart H, Title 27, Code of
				Federal Regulations and Title
				18 United States Code,
				Chapter 40, Section
				845(b).
4. All applicants for licensing shall:
a. Submit an application for licensure as
				prescribed by OSFM.
b. Provide
				copies of all appropriate Federal licenses to handle and use explosives or
				explosive materials.
c. Provide
				proof of public liability insurance for an amount not less than five hundred
				thousand dollars ($500,000). The coverage company must be an insurer which is
				either licensed by the DOI in this State or approved by the DOI as a
				nonadmitted surplus lines carrier for risks located in this State. In the event
				the liability insurance is canceled, suspended, or nonrenewed, the insurer
				shall give immediate notice to the OSFM.
d. Each applicant renewing a license shall
				attend at least four (4) hours of continuing education acceptable to the OSFM.
				Certificates of training or other proof of training attendance must be provided
				when requested by the OSFM.