Current through Register Vol. 47, No. 12, December 22, 2023
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.
Added by State Register
Volume 11, Issue No. 6, effective June 26, 1987. Amended by State Register
Volume 12, Issue No. 5, effective May 27, 1988; State Register Volume 17, Issue
No. 5, Part 3, eff May 28, 1993;
State
Register Volume 41, Issue No. 05, eff.
5/26/2017.
