§ 41-18-40 — Definitions.

South Carolina § 41-18-40

• Jurisdiction: South Carolina
• Title 41: LABOR AND EMPLOYMENT
• Ch. 18: SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE

Text

As used in this chapter, except as otherwise expressly provided: (1) "Amusement device" means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. (2) "Amusement park" means a tract or area used principally as a permanent location for amusement devices or structures. (3) "Director" means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. (4) "Catapulting amusement ride" means an amusement ride whereby a person, or persons, riding in a safety car, or other suitable safety device, is attached to wire ropes or cables that may be attached to springs or other devices similar in design or use which are engineered to simulate bungee catapulting or reverse bungee jumping as defined in Section 52-19-50(5) whereby a person or passenger is released from a fixed position, thus catapulting or otherwise launching the jumper or passenger into the air or toward the ground. (5) "Carnival" means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. (6) "Fair" means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. (7) "Owner" means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. (8) "Permanent device" means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. (9) "Temporary device" means a device which is used as an amusement device that is regularly relocated with or without disassembly. (10) "Serious injury" means an injury that results in death or requires immediate in-patient hospitalization. A fracture or disfigurement is considered a serious injury even if no hospitalization is required. Notwithstanding the definition of serious injury, the owner or lessee of any amusement device under this section must maintain permanent records of all injuries sustained by participants utilizing the amusement. These records shall be open for inspection by any authorized representative of the department. (11) "Safety coordinator" means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. (12) "Department" means the South Carolina Department of Labor, Licensing and Regulation. (13) "Special inspector" means an inspector licensed by the director and not employed by the department. (14) "Catastrophic accident" means an incident resulting in fatality or three or more injuries resulting in hospitalization. (15)(a) "Concession go-kart" means an amusement ride or device that: (i) is a single vehicle, unattached to other vehicles or a common frame system; (ii) is powered without connection to a common energy source; (iii) is driver-controlled with respect to acceleration, speed, braking, and steering; (iv) operates within the containment system of a defined track; (v) simulates competitive motor sports; and (vi) is used by members of the general public for a fee. (b) A concession go-kart has a maximum capacity of two persons and no cargo capacity. (16) "Super-kart" means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. Super-kart does not mean "concession go-kart" as defined by this section.

Legislative History

HISTORY: 1985 Act No. 103, SECTION 2; 1986 Act No. 514, SECTION 1, eff June 12, 1986; 1993 Act No. 144, SECTION 2, eff June 14, 1993; 1993 Act No. 181, SECTION 977, eff February 1, 1994; 1998 Act No. 283, SECTION 1, eff upon approval (became law without the Governor's signature on April 8, 1998); 1999 Act No. 90, SECTION 1, eff June 11, 1999; 2005 Act No. 60, SECTION 1, eff upon approval (became law without the Governor's signature on May 18, 2005); 2018 Act No. 188 (S.567), SECTION 2, eff May 15, 2018. Effect of Amendment The 1986 amendment added the provision defining "special inspector" (item (12)). The first 1993 amendment deleted "the following terms have the meanings indicated" from the introductory statement; in (8) "Temporary device" deleted "from time to time" following "relocated"; in (9) "serious injury" deleted "results in death or" following "injury that" and added "minor" preceding "burns"; and added (13) "catastrophic accident". The second 1993 amendment in subsections (3) and (11), substituted "Division of Labor" for "Department of Labor". The 1998 amendment, throughout subsections (3), (11), and (12), substituted "director" for "commissioner" and reflected the department name change of the Division of Labor to the Department of Labor, Licensing and Regulation. The 1999 amendment rewrote subsection (9). The 2005 amendment added item (4) defining "catapulting amusement ride" and redesignated items (4) to (13) as items (5) to (14). 2018 Act No. 188, SECTION 2, added (15) and (16), relating to the definitions of "Concession go-kart" and "Super-kart".