South Carolina Dept. of Labor, Licensing and Regulation

Jurisdiction: 
South Carolina
Agency: 
Dept. of Labor, Licensing and Regulation
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes bungee jumping. Excludes inflatables, water park rides and attractions.

Inspection Program: 

Rides must be inspected annually by Special Inspectors who are licensed by the Dept. of LLR, but are not employees of the agency. LLR employs a team of auditors who travel the state to randomly review the work performed by the Special Inspectors.

Investigative Authority: 

When a catastrophic accident causes death or hospitalization of at least three people, the ride 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. 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. An affidavit of the inspection and correction of defect must be filed with the director.

Reporting Criteria: 

Accidents resulting in death, fracture, disfigurement or immediate in-patient hospitalization must be reported by the next business day.

Patron Responsibility Law: 

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.
SECTION 41-18-320. Compliance with safety rules; reports of injuries.
(A) A rider of a carnival or amusement device shall at a minimum:
(1) obey the posted rules and warnings and instructions for a carnival or amusement device issued by the owner of the carnival or amusement device or the owner's employee or agent; and
(2) refrain from acting in any manner that may cause or contribute to injuring the rider of a carnival or amusement device, or others, including:
(a) exceeding the limits of the rider's ability;
(b) interfering with safe operation of the carnival or amusement device;
(c) not engaging a safety mechanism provided on a carnival or amusement device;
(d) disconnecting or disabling a carnival or amusement safety device, except at the express instruction of the owner of the carnival or amusement device or the owner's agent or employee;
(e) altering or enhancing the intended speed, course, or direction of a carnival or amusement device;
(f) using, touching, or tampering with the controls of a carnival or amusement device designed solely to be operated by the owner of the carnival or amusement device or the owner's agent or employee;
(g) extending arms and legs beyond the carrier or seating area of a carnival or amusement device except at the express direction of the owner of the carnival or amusement device or the owner's agent or employee;
(h) throwing, dropping, or expelling an object from or toward a carnival or amusement device, except as permitted by the owner of the carnival or amusement device or the owner's agent or employee;
(i) getting on or off a carnival or amusement device, except at the designated time and area, if any, at the direction of the owner of the carnival or amusement device or the owner's agent or employee or in an emergency;
(j) not reasonably controlling the speed or direction of the rider or a carnival or amusement device that requires the rider to control or direct himself or the device; and
(k) overloading a carnival or amusement device beyond its designed capacity.
(B) A rider must not get on or attempt to get on a carnival or amusement device unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider:
(1) has sufficient knowledge to use, get on, and get off the carnival or amusement device safely without instruction or has requested and received before getting on the carnival or amusement device sufficient information to get on, use, and get off the device safely;
(2) has located, reviewed, and understood any signs in the vicinity of the carnival or amusement device and has satisfied any posted height or other restrictions or requirements;
(3) knows the range and the limits of his ability and knows that the requirements of the carnival or amusement device do not exceed those limits;
(4) is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement device or to obey the posted rules or warnings or instructions; and
(5) is authorized by the owner of the carnival or amusement device or the owner's agent or employee to get on the carnival or amusement device.
(C)(1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner of the carnival or amusement device any injury sustained on a carnival or amusement device before leaving the owner's premises, including:
(a) the name, address, and phone number of the injured person;
(b) a full description of the incident, the injuries claimed, and any treatment received and the location, date, and time of the injury;
(c) the cause of the injury, if known; and
(d) the names, addresses, and phone numbers of any witnesses to the incident.
(2) If a rider, or a rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible.
(3) The failure of a rider, or a rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider' s right to commence a civil action.
HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.
SECTION 41-18-330. Obligations of parents and guardians.
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.
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.
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.

Date of last update: 
April 9, 2017