Chapter 71

71-4300. Operational Testing. 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 m…

71-4400. Maintenance Procedures for Amusement Devices. 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 recommen- dations, each owner shall develop …

71-4450. Miscellaneous Safety Requirements for Amusement Rides. 1. Electrical Systems A. Electrical systems shall comply with the NFPA 70, the 2020 National Electrical Code, and any later editions, as adopted by the General Assembly. B. Dark Rides (1) The track or bus supplying v…

71-4475. Additional Rules for Individual Amusement Devices. 1. Chair lifts and Trams shall be designed and maintained per ANSI B77.1 2022 and all supplements thereto. Compliance with the requirements of any later edition published by the American National Standards Institute shal…

71-4500. Insurance Bond, or Other Security. 1. Before any permit can be issued, the owner must file with and have accepted by the Director an approved Certificate of Insurance against liability for injury to persons arising out of the use of an amusement device, to be in an amoun…

71-4600. Permit Required. 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 terminat…

71-4610. Permit Application Requirements. 1. Each application for a permit shall be submitted electronically and received by the Director no less than ten (10) days before the first intended date of use. 2. Each permit application shall include the following information: A. Name …

71-4700. Fee Schedule. 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 M…

71-4800. Qualifications of Approved Special Inspectors. 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 …

71-4910. Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty. 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 …

71-4920. Repealed. HISTORY: Former Regulation, titled Procedure for Applications for Variance, had the following history: 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 Regis…

71-4950. [Information to be Made Available to Director.] The owner shall be responsible for maintaining and making available to the Director all information required by the Amusement Ride Safety Code and these regulations. This information shall be made available to the Director …

71-5000. Purpose and Definitions. 1. The Director shall 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…

71-502. Posting of Notice. A. Every employer subject to the occupational safety and health laws rules and regulations of the State of South Carolina shall post a conspicuous notice to be furnished by the State of South Carolina in a prominent place in each factory, plant, establi…

71-507. Consultation with Employees. During an inspection any employee shall be afforded a reasonable opportunity to consult the Safety Specialist in private. In those cases where there is no authorized employee representative, the Safety Specialist shall consult with a reasonabl…

71-5100. Safety Standards for New Installations. (Statutory Authority: 1976 Code §§ 41-16-10 et seq.) 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 per…

71-5200. Safety Standards for Existing Facilities. 1. All facilities for which construction or relocation was begun or which were in operation prior to July 1, 1986, in South Carolina shall comply with the requirements of the 1986 edition of the ANSI A17.3, the American National …

71-5300. Permits and Certificate Required. 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 Director a construction permit for such work. 2. Registration and Opera…

71-5310. Application for Construction Permit, Elevator Registration, and Operating Certificate. 1. Each application for a construction permit for new installation, alteration, or relocation shall be made in a manner as required by the Director and shall include three (3) copies o…

71-5400. Qualification of Special Inspectors. 1. Any applicant for a license as a special inspector shall present evidence of all qualifications as stated in the 2018 edition of QEI-1, The American National Standard for Qualification of Elevator Inspectors, and any later editions…

71-5500. Inspections. 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 (…

71-5550. Accidents and Dangerous Facilities. 1. 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 Director before the end …

71-5600. Fee Schedules. 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,…

71-5700. Procedure for Hearing Contested Citations and Assessments of Penalty. 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 recei…

71-5800. Procedure for Application for Variance. 1. Any owner of any facility may apply to the Director 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 Director if the owner …

71-5900. Effective Date. The effective date of these regulations shall be July 1, 1986. ARTICLE 6 PAYMENT OF WAGE ADMINISTRATIVE APPEALS HEARINGS

71-6000. Procedures for Hearing Payment of Wages Administrative Appeals 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. Noti…

71-7405. PYROTECHNIC SAFETY.

71-7405.1. General. 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 t…

71-7405.2. Codes and Standards. 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 b…

71-7405.3. Licensing and Permitting Fees. 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 submitt…

71-7405.4. Licensing and Permitting Requirements. 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. Te…

71-7405.5. Supplemental Provisions for Sale of Pyrotechnics. 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…

71-7405.6. Wholesale Distributors and Jobbers. 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 firework…

71-7405.7. Storage of Display Fireworks. 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. HISTORY: Ad…

71-7405.8. Sale of Display Fireworks. 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 …

71-8300. FIRE PREVENTION AND LIFE SAFETY. (Statutory Authority: 1976 Code Sections 23-9-20, 23-9-30, 39-41-260, 40-82-70) 71-8300.1. General. A. Title. These regulations shall be known as the State Fire Marshal’s Rules and Regulations. B. Intent. 1. The purpose of these regulatio…

71-8300.2. Codes and Standards. 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 …

71-8300.3. Alternate Materials and Alternate Methods of Construction. 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…

71-8300.4. Submittals for Plan Review. 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.…

71-8300.5. Repealed. HISTORY: Former Regulation, titled Incident Reporting, had the following history: Added by State Register Volume 38, Issue No. 6, Doc. No. 4445, eff June 27, 2014, Amended by State Register Volume 39, Issue No. 6, Doc. No. 4555, eff June 26, 2015; State Regis…

71-8300.6. Repealed. HISTORY: Former Regulation, titled Fire Investigations, had the following history: Added by State Register Volume 38, Issue No. 6, Doc. No. 4445, eff June 27, 2014. Amended by State Register Volume 39, Issue No. 6, Doc. No. 4555, eff June 26, 2015; State Regi…

71-8301. FIRE PREVENTION AND LIFE SAFETY FOR SPECIAL OCCUPANCIES. (Statutory Authority: 1976 Code Section 23-9-20(A)(5)) 71-8301.1. General. A. The purpose of this Subarticle is to provide specific requirements for certain occupancies. B. This regulation shall apply to new and ex…

71-8301.2. Codes and Standards. 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…

71-8301.3. Requirements for Special Occupancies. A. All Foster Home Facilities 1. Foster homes providing care, maintenance, and supervision for no more than six (6) children, including the natural or adopted children of the foster parent; shall comply with the following: a. Must …

71-8302. EXPLOSIVES. (Statutory Authority: 1976 Code Sections 23-9-20, 23-9-50, 23-36-10 et seq.)

71-8302.1. General. 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 regulatio…

71-8302.2. Definitions, Codes and Standards. A. All definitions and references to codes and standards found in these regulations are promulgat- ed in R.71-8300.2 unless modified by the following regulations as shown below. HISTORY: Added by State Register Volume 23, Issue No. 6, …

71-8302.3. Licensing and Permitting Fees. 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…

71-8302.4. Licenses and Permits. 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 Class Category Bl…