South Carolina Administrative Code

71-500. Purpose and Scope. Section 41-15-210, South Carolina Code of Laws, provides for the promulgation by the Commission- er of Labor of Occupational Safety and Health Standards covering employment and places of employment in businesses within the State of South Carolina. It fu…

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…

71-501. Definitions. As used in this subarticle, unless the context clearly requires otherwise: A. ‘‘State’’ means the State of South Carolina. B. ‘‘Department’’ means the Department of Labor, State of South Carolina. C. ‘‘Commissioner’’ means the Commissioner, Department of Labo…

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…

71-503. Inspections. A. As provided for in Section 41-15-260, South Carolina Code of Laws, the Commissioner, his representative, or Safety Specialist, may examine and inspect at reasonable hours, as often as practicable, all places, sites or areas where employment comes under the…

71-504. Advance Notice of Inspections. A. No advance notice shall be given with regard to inspections except as shall be authorized by the Commissioner. (1) Advance notice may be given in the case of apparent imminent danger to enable the employer to abate the danger as quickly a…

71-505. Conduct of Inspections. A. Subject to R. 71-503, inspections shall take place at such times and in such places of employment as the Commissioner may direct. Where appropriate reinspection may be directed to clarify questions, resolve objections or to ascertain if an emplo…

71-506. Representatives of Employers and Employees. A. The Safety Specialist shall be in charge of inspections and questioning of persons. A representa- tive of the employer and a representative authorized by employees shall be afforded an opportunity to accompany a Safety Specia…

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…

71-508. Special Investigations. Any employee or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving written notice to the Commissioner o…

71-509. Inspection Not Warranted. Failure to Issue Citation. If, pursuant to R. 71-507 and R. 71-508 of this subarticle, the Commission- er finds that a citation is not warranted with respect to any notice of violation in writing by an employee or representative of employees rece…

71-510. Conclusion of Inspection. Upon completion of an inspection provided for under this part, the Safety Specialist shall confer with the employer or his representative and informally advise the employer of apparent safety and health violations disclosed by the investigation. …

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…

71-511. Objection to Inspection. Upon refusal by any employer to permit a Safety Specialist to enter into any place of employment or any place therein, or with respect to any condition, structure, machine, apparatus, device, equipment or materials therein, or to review any record…

71-512. Entry Not a Waiver of Cause of Action. Any permission to enter, interrogate any person(s), or review records shall not constitute a waiver of any cause of action, citation, or penalty under the law, rules and regulation, and Safety Specialists are not authorized to grant …

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 regulations is: a. to safeguard to a reasonable degree, life and property from fire, explosion, dangerous conditions, natural disas…

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.…

71-8301. 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 existing foster homes. HISTORY: Added by State Register Volume 23, Issue No. 6, eff. June 25, 1999. Amended by State Regist…

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, …