1993-94 Bill 4565: Bungee Jumping - South Carolina Legislature Online

South Carolina General Assembly
110th Session, 1993-1994

Bill 4565

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Introducing Body:               House
Bill Number:                    4565
Primary Sponsor:                D. Smith
Type of Legislation:            GB
Subject:                        Bungee Jumping
Residing Body:                  House
Date Tabled:                    19940524
Computer Document Number:       BBM/10813JM.94
Introduced Date:                19940119
Last History Body:              House
Last History Date:              19940524
Last History Type:              Tabled
Scope of Legislation:           Statewide
All Sponsors:                   D. Smith
                                Martin
                                Witherspoon
                                Snow
Type of Legislation:            General Bill

History

Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4565 House 19940524 Tabled 4565 House 19940504 Committee Report: Favorable 26 with amendment 4565 House 19940119 Introduced, read first time, 26 referred to Committee

View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 4, 1994

H. 4565

Introduced by REPS. D. Smith, Martin, Witherspoon and Snow

S. Printed 5/4/94--H.

Read the first time January 19, 1994.

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (H. 4565), to provide for the regulation of site and site approval, testing of equipment, management of the operation, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This act is intended to specify and give guidance as to the site and site approval, testing of equipment, the management of the operation, the operating procedures, and the provisions and emergency procedures relating to bungee operations in this State.

SECTION 2. (A) For purposes of this act, the term "bungee jumping" includes and refers to the sport, activity, or practice of jumping, stepping out, dropping, or otherwise being released into the air while attached or fastened to a cord made of rubber, latex, or other elastic-type material, whether natural or synthetic, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the surface.

(B) Each bungee operation must be considered a new device.

SECTION 3. (A) The practice of bungee jumping from a device other than a fixed platform is prohibited in this State.

(B) The practice of bungee jumping using an ankle harness is prohibited in this State.

(C) The practice of pre-stretching and releasing bungee cords for the purpose of catapulting jumpers is prohibited in this State.

(D) The practice of bungee jumping over water, sand, or any surface other than a safety air bag is prohibited in this State.

(E) The practice of tandem or multiple bungee jumping is prohibited in this State.

(F) The practice of sandbagging is prohibited in this State. For purposes of this act, "sandbagging" means the practice of holding onto any object (including another person) while bungee jumping, for the purpose of exerting more force on the bungee cord in order to stretch it further, and then releasing the object during the jump causing the jumper to rebound with more force than could be created by the jumper's weight alone.

(G) The use of any mechanical lifting device in conjunction with bungee jumping is prohibited.

SECTION 4. (A) Upon violation of any provision of this act, the department, as defined in this act, may, in its discretion, impose fines and penalties on the owner or may suspend, revoke, or otherwise restrict the operation's permit.

(B) No person may operate a bungee jump operation in this State if the department has suspended or revoked the operation's permit. No person may operate a bungee jump operation in this State if the department has issued a stop operation order or imminent danger order prohibiting the operation of that bungee operation. Any person who violates this section is subject to the penalties and remedies provided by law.

SECTION 5. The following definitions are applicable for the purposes of this act:

(1) "Air bag" means a device which cradles the body and which uses an air release breather system to dissipate the energy due to a fall, thereby allowing the person to land without an abrupt stop or bounce.

(2) "Binding of cord" means material used to hold the cord threads in place and which can also protect the cord threads from damage.

(3) "Breaking load" means the stress or tension steadily applied and just sufficient to break or rupture.

(4) "Bumper" means a padded sleeve or covering on the bungee cord and connecting straps or devices to prevent the jumper from contacting or becoming entangled in the bungee cord or connecting straps or devices.

(5) "Bungee catapulting" or "reverse bungee jumping" means the sport, activity, or practice whereby a person is attached to a bungee cord which is stretched and then released, thus catapulting or otherwise launching the jumper into the air from a fixed position. Bungee catapulting is prohibited in this State.

(6) "Bungee cord" means the elastic cord made of rubber, latex, or other elastic-type materials, whether natural or synthetic, to which the jumper is attached. Such cord lengthens and shortens and thus produces a bouncing action.

(7) "Bungee jumping" means the sport, activity, or other practice of jumping, diving, stepping out, dropping, or otherwise being released into the air while attached to a bungee cord, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the landing surface.

(8) "Carabineer" means a shaped metal or alloy device used to connect sections of the jump, equipment, or safety gear.

(9) "Cord" means the same as "bungee cord".

(10) "Dynamic loading" means the load placed on the attachments by the initial free fall of the jumper and the bouncing movements of the jumper.

(11) "Equipment" means each component which is utilized in a bungee jump operation, including power or manually operated devices to raise, lower, and hold loads.

(12) "Fence" means a permanent or temporary structure designed and constructed to restrict people, animals and objects from entering the designated bungee jumping area.

(13) "Incident" means an event that could or does result in:

(a) injury to a person,

(b) damage to equipment, or

(14) "Jump area" means the maximum area in all directions designed for the movement of the jumper.

(15) "Jump crew" means all personnel who assist the jump master in preparing a jumper for jumping.

(16) "Jump direction" means the direction in which a jumper is aimed when jumping from the jump point.

(17) "Jump height" means the distance from where the jumper begins to fall to the bottom of the jump zone.

(18) "Jump master" means a person who has responsibility for the bungee jumping operation, and including a person who takes a jumper through the final stages to the actual jump and who operates the lowering system whereby the jumper is lowered to the landing pad.

(19) "Jump operator" means a person who assists the jump master in preparing a jumper for jumping.

(20) "Jump point" means the position from which the jumper falls or begins to fall.

(21) "Jump space" means the jump zone plus the safety space.

(22) "Jump zone" means the space bounded by the maximum designed movements of the jumper or any part of the jumper.

(23) "Jumper" means the person who falls from a height attached to a bungee cord.

(24) "Jumper harness" means an assembly to be worn by a jumper and to be attached to a bungee cord. Such harness is designed to prevent the jumper from becoming detached from the bungee cord.

(25) "Jumper weight" means the weight of the jumper only.

(26) "Landing area" means the surface area directly under the jump space.

(27) "Landing pad" means the padded area on which the jumper is off-loaded after jumping by means of the lowering appliance or equipment.

(28) "Lateral direction" means the movement of the jumper measured at 90 degrees to the designed jump direction.

(29) "Loaded length" means the length of the bungee cord when extended to its fullest designed length when jumping.

(30) "Lowering system" means the lowering system is a combination of components that connects the jumper through the bungee cord to an attachment point on the structure. The system includes, but is not limited to, ropes, cables, pulleys, carabineers, shackles, and lowering equipment.

(31) "Operating system" means the system of processing a jumper through the jump methods used on a particular site, including registration, preparation, getting to the jump point, methods of attachment, jumping, lowering system, and the landing recovery method.

(32) "Operations manual" means the document that contains the procedures and forms for the operation of the bungee jumping activity and equipment on the stated site.

(33) "Owner" means the person who owns or operates or both owns and operates, a bungee jumping operation, or the lessee if a bungee jumping operation or any of its component parts are leased.

(34) "Permanent platform" means the apparatus attached to a fixed structure from which the jumper falls or jumps.

(35) "Preparation area" means the area where the jumper is prepared for jumping. It is a separate area on the ground, the support structure, or part of the platform.

(36) "Professional mechanical engineer" means a person who holds a valid license as a professional engineer.

(37) "Recovery area" means an area adjacent to the landing area where the jumper may recover from the jump before returning to the public area.

(38) "Safe working load" (SWL) means the maximum rated load which can be safely handled under specified conditions by a machine, equipment or component of the rigging.

(39) "Safety factor" means the ratio obtained by dividing the breaking load of any piece of equipment by its safe working load.

(40) "Safety harness" means an assembly to be worn by a staff member or jumper. It is designed to be attached to a safety line and to prevent the wearer from becoming detached from the safety line.

(41) "Safety line" means a line used to connect the safety harness or belt to an anchorage point or rail in situations where there is a risk of free fall.

(42) "Safety space" means the space extending beyond the jump zone as a safety factor, that is, the space beyond the maximum designed movements of the jumper.

(43) "Structure" means a permanent tower or similar erection that is used, or proposed to be used, for bungee jumping.

(44) "Testing authority" means an organization acceptable to the department for the purpose of testing the performance of bungee cords, equipment, and structure.

(45) "Thread" means a single strand of material used in a bungee cord which is constructed of a varying number of threads.

(46) "Unloaded length" means the length of the bungee cord lying on a horizontal flat surface without load or stress applied.

(47) "Department" means the Department of Labor, Licensing and Regulation of the State of South Carolina.

(48) "Director" means the director of the Department of Labor, Licensing and Regulation or the director's designee.

(49) "Bungee jumping facility" means an establishment where bungee jumping is performed.

(50) "Webbing" means a flat, tubular, mountaineering material sewn into double or triple loops used as an attachment on bungee cords.

(51) "Tape knot" means a knot designed for attachment.

(52) "Serious injury" means an injury that requires medical treatment, other than first aid, by a physician. "First aid" means the one-time treatment or subsequent observation of scratches, cuts not requiring stitches, minor burns, splinters, and contusions or a diagnostic procedure, including examinations and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed professional personnel.

SECTION 6. (A) It is unlawful for any person to own or operate a bungee jump facility in this State without first having obtained a permit from the department.

(B) Any person desiring to own or operate a bungee jump facility in this State shall file with the department an application in writing on a form approved by the department accompanied by the appropriate fee. Such application shall also include the following:

(1) a site operation manual which includes criteria for planned inspections by the operator;

(2) a report which contains site plans, drawings, specifications of equipment and structures, equipment locations, safety zones, safety space, fences, jump zones, and jump space;

(3) proof of insurance coverage meeting the requirements set forth in this Act;

(4) a licensed mechanical engineer's report certifying that the design and construction of the structures, equipment, access ways, and operating areas meet the requirements of:

(a) regulations promulgated pursuant to this Act,

(b) any applicable local laws, codes, or ordinances,

(c) the American Society of Testing and Materials (ASTM) Committee F-24 Standards on Amusement Rides and Devices, fourth edition, 1992 (which is adopted and incorporated in this act by reference and copies of which may be obtained from ASTM, 1916 Race Street, Philadelphia, PA 19103), and

(d) other applicable government codes, which are certified by the engineer to be suitable for a bungee jumping operation.

(C) An owner or operator must also submit a revised report to the department for approval prior to substantially rebuilding, or substantially modifying, a bungee jump facility.

(D) The department is authorized to charge the following temporary fees until permanent fees are established by regulation:

(1) an initial permit fee of seven hundred dollars;

(2) an annual renewal fee of four hundred fifty dollars;

(3) a report revision fee of two hundred fifty dollars.

(E) In order to carry out the provisions of this act, the department shall retain such fees and other funds as may come into its possession pursuant to this act.

(F) The department must conduct on-site inspections of each permitted bungee jump facility at least once annually and must also conduct at least two unannounced on-site inspections per year. The inspections may be conducted by department personnel or by independent engineers on an independent contractor basis.

SECTION 7. Before the department may issue a permit to the owner or lessee of a bungee jumping facility, the owner or lessee of the facility shall furnish the department with proof that he has purchased insurance from an acceptable insurer in an amount of not less than one million dollars per occurrence against liability for injury to persons arising out of the use of the facility and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established on a case-by-case basis. For purposes of this section, an acceptable insurer for a facility is an insurer which is either licensed and in good standing by the Chief Insurance Commissioner of South Carolina or approved by the Chief Insurance Commissioner as an eligible surplus lines insurer for risks located in this State. Each policy, by its original terms or an endorsement, shall obligate the insurer to give the department thirty days written notice of any proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate written notice to the department. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State.

SECTION 8. (A) The owner must allow bungee jumps to be conducted only under the direct control of a jump master.

(B) Adjustments for the weight of each jumper must be made by the jump master's selection of bungee cords and setting on the lowering equipment.

SECTION 9. (A) The owner must secure the consent of a parent or guardian for any jumper who is under the age of 16. The parent or guardian must be over 18 years old and must sign an authorization stating he or she is the jumper's parent or guardian and is consenting to the bungee jump. The authorization must be permanently retained by the owner with the daily log.

(B) The owner must disclose to each jumper all medical conditions which may be adversely affected by jumping. The owner must make disclosure, at a minimum, with respect to the following medical conditions:

(1) pregnancy;

(2) back or neck injury;

(3) heart condition;

(4) broken bone.

(C) Any jumper who, in the opinion of the bungee staff, represents a danger to himself or others shall not be allowed to jump.

(D) Jumpers in an intoxicated state shall not be allowed to jump.

SECTION 10. (A) The permanent platform must be operated with a minimum safe working load (SWL) reflecting a safety factor of not less than 5, as determined by the maximum load for which the platform is designed and constructed. If the jump equipment is attached to the platform as distinct from the structure, the dynamic load factor must be added to the platform load factor.

(B) Where the platform is not an integral part of the structure, the attachment devices and the part of the structure to which they are attached must have a minimum safety factor of at least 5 over the total design load.

(D) The platform must have sufficient working space for a minimum of three people.

(E) The platform must have anchor points or rails for safety harnesses which are designed and positioned so as not to impede the jump operator's movements.

(F) The platform must be fitted with a permanent enclosure to contain the jumper during preparation.

(G) The jumpers must be prepared for jumping in a place separated from the jump point.

(H) There must be a gate across the jump point to prevent accidental opening when there is not a jumper present on the jump point.

(I) The top of all bungee cords on the platform must be securely attached to the lowering system before each jumper is prepared for jumping and before jumping occurs. All cord connections must be visible to the jump master and checked before each jump.

(J) There must be a plate or permanent marking on each platform indicating the maximum capacity of the platform.

SECTION 11. The jump point shall be no higher than eighty feet above the landing area.

SECTION 12. (A) The owner must provide a safety air bag for each bungee jump. The safety air bag must cover the entire surface area of the jump space. A professional mechanical engineer must certify the height, width, and length of the safety air bag for the height of each bungee jump.

(B) The safety air bag height must be certified or rated by the air bag manufacturer for the height of the bungee jump.

SECTION 13. The owner must comply with the following as to the landing area, recovery area, and jump space:

(1) these areas must be free of spectators at all times;

(2) these areas must be free of any equipment or staff when a jumper is being prepared on the jump point and until the bungee cord is at its static extended state;

(3) the off-loading landing pad or air bag must be positioned before jumper preparation commences on the platform;

(4) the landing pad must be a clean, smooth, padded surface.

SECTION 14. The owner must provide a system for lowering the jumper to the landing pad which must be a mechanically powered system not capable of free fall and operated by the jump master. The owner must also provide a second person to monitor the lowering of all jumpers who must be capable of stopping the process if necessary to avoid injuries to the jumper.

SECTION 15. (A) The bungee cord must be designed and tested to perform within prescribed limits of stretch and load as stated in this act.

(B) The cord must be made from natural or synthetic rubber or blends thereof that may be of various dimensions.

(C) The materials used in the construction of the cord must be such that the stretched length is consistent each time the same loading is applied.

(D) For cord binding the following requirements apply:

(1) the binding must hold the cord threads together in their designed positions;

(2) the binding material must have characteristics or specifications similar to those of the bungee cord material;

(3) the cord bindings must be intact;

(4) where bindings break during a day's operation, the cord must be withdrawn from use until the bindings are replaced;

(E) The following requirements apply to bungee cords:

(1) the cord must stretch in the jump to at least 2.5 times its unloaded length in its designed jumper weight range;

(2) the unloaded length of the system must be less than half the designed extended length;

(3) with respect to maximum loaded length, the operating length of a bungee cord at its maximum designed dynamic load must not exceed four times its unloaded length.

(F) With respect to bungee cord end attachment, each end of the cord must have an end attachment to connect the cord to the lowering system and the jumper. The end attachments must be certified by the manufacturer to be of sufficient size and shape to allow easy attachment to the jumper harness and to the lowering system and have a minimum breaking load of at least four thousand four hundred pounds.

(G) With respect to "maximum cord life", the maximum allowable life of the cord must not exceed one-fourth the tested number of extensions or three hundred jumps, whichever is lower.

(H) A cord and its nonmetallic connectors must be immediately withdrawn from use when any of the following occurs:

(1) the cord reaches its maximum cord life as defined in subsection (F) of this section;

(2) exposure to daylight exceeds two hundred fifty hours;

(3) the cord has been in existence for a period of six months from the date of manufacture;

(4) the cord material reaches the manufacturer's recommended life span or two hundred days, whichever is less;

(5) notwithstanding the cord manufacturer's stated maximum cord life, whenever there is evidence of threads exhibiting wear, such as bunched threads, uneven tension between threads or thread bands;

(6) when the cord comes into contact with solvents or corrosive or abrasive substances.

(I) A cord withdrawn from use must be destroyed. The bungee cord is considered to be destroyed when it is cut into lengths of less than 3 feet.

(J) The owner must ensure that a bumper is used to cover the end of the bungee cord and all connecting straps and devices, where attached to the jumper. The bumper must be at least six inches in diameter and 5 feet in length. The bumper must be fastened in such a manner so as to prevent its slipping up and down the bungee cord.

(K) All bungee cords used in bungee jumping operations must be designed as to thickness and length for the height of the jump so as to prevent the looping of the cord around any part of the jumper's body during a jump.

(L) Each cord must have a permanent serial number. A record detailing the serial number of the cord used for each jumper must be retained by the owner for a period of at least three years.

(M) (1) Each manufacturer desiring to utilize a new design of bungee cord must submit to a professional mechanical engineer for testing one bungee cord which has been constructed using the standard method of manufacture, including the bungee and all attachments, and two three-foot lengths of bungee cord with end attachments to the same specification. Specifications for each cord must also be submitted to the engineer and shall include:

(a) the type of material used in the manufacture of the cord; (b) thread specifications, including three hundred percent elongation, tensile strength, and elongation at breaking point;

(d) method of construction;

(e) method of binding;

(f) jumper weight range for size of cord submitted for testing to produce the extension from 2.5 times to a maximum of four times the unloaded length of the cord;

(g) operational range of dynamic loadings.

(2) The engineer must test the bungee cord and certify that the cord meets the cord specifications as submitted. The full length cord must be subjected to at least three repeat tests for loading versus extension in order to establish consistency of extension within the cord range of loading. The full length cord must be subjected to a loading of five times the maximum weight of jumper on that particular cord for a period greater than five minutes and then checked for signs of thread breakage or other deterioration. This procedure must establish a minimum safety factor of 5.

(3) The engineer must carry out a cycle frequency test until the load at three hundred percent extension or four times unloaded length reduces to less than the maximum load.

(4) Upon completion of this required testing, the engineer must destroy the full length cord.

(5) For purposes of this section, a new design means:

(a) a change in bungee thread specifications that affects the performance of the bungee threads or cord;

(b) a change in the manufacturing methods or equipment.

SECTION 16. No bungee jump shall be operated unless the owner provides and requires each jumper to use a jumper harness that meets the following requirements:

(1) A jumper harness must be full-body, designed either as a full-body harness or a sit harness with shoulder straps and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:

(a) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme (adopted and incorporated by reference), 1380 Fairfield Woods Road, Fairfield, Connecticut 06430; or

(b) the National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition (adopted and incorporated by reference), copies of which may be obtained from NFPA, Post Office Box 9101, Quincy, Massachusetts 02269-9101; or

(c) the American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use approved on July 31, 1991 by the American National Standards Institute, Inc., and published by the National Safety Council, (adopted and incorporated by reference), copies of which may be obtained from National Safety Council, 1121 Spring Lake Drive, Itasca, Illinois 60143-3201.

(2) A jumper harness must be available to fit jumpers ranging from forty pounds to two hundred and fifty pounds and must be properly adjusted and fitted on each jumper

(3) The jumper harness must be certified by a professional mechanical engineer as appropriate for use in bungee jumping and must have a safety factor of not less than 5.

(4) A professional mechanical engineer must certify that the method of attachment and location of attachment for the jumper harness is the safest available.

(5) The use of an ankle strapping or ankle harness in bungee jumping operations is prohibited in this State.

SECTION 17. All ropes for holding or lowering the jumper must have a breaking load of at least four thousand nine hundred pounds and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:

(1) Chapters A, B, C, and E General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or

(2) The National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or

(3) The American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and Published by the National Safety Council.

SECTION 18. (A) Carabineers must be of the steel screw gate type with a breaking load of at least four thousand four hundred pounds and must be certified by a professional mechanical engineer as being in accordance with requirements of one of the following:

(1) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or

(2) The National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or

(B) Pulleys and shackles must have a minimum breaking load of at least 4,400 pounds and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:

(1) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or

(2) the National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or

(3) the American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and published by the National Safety Council.

(D) Webbing must be of flat, tubular, mountaineering webbing, or the equivalent, with a minimum breaking load of at least four thousand four hundred pounds.

(E) Tape knots must be used on all webbing and the ends must be either stitched down or must be greater than twice the width of the tape.

SECTION 19. (A) Life lines must be attached to all bungee personnel while on the working platform. Life lines must have a minimum breaking load of at least four thousand nine hundred pounds.

(B) Whenever exposed to a fall hazard, the jumper must be attached to a safety harness or bungee cord.

(C) A safety harness and life line attached to the platform must be worn by all bungee personnel while on the working platform. The harness must be either a lower harness or a full-body harness.

SECTION 20. (A) The owner must ensure that:

(1) all bungee cords, carabineers, carabineer straps, safety foam, harnesses, lowering or braking systems and safety gear are regularly inspected and tested as set out in the operations manual and in this act. The owner must maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected before further bungee jumping operations are conducted;

(2) all jump rigging, harnesses, lowering or braking systems, and safety gear are of a load rating at least equal to the standards stated in this act.

(B) The owner must replace any equipment or hardware which has become damaged.

(D) All ropes, webbing, and bindings must be inspected visually for signs of wear, fraying, or corrosive or damaging substances. Criteria for the planned inspection must be included in the operations manual.

(E) Criteria for the periodic replacement of ropes, webbing, harnesses, and hardware must be included in the operations manual.

(F) The owner must ensure that the bungee jump operation has a current certificate to operate issued by the department.

(G) Any items of equipment or personal protective equipment found to be substandard must be replaced immediately.

(H) Jumping must cease immediately when a substandard item cannot be replaced.

(I) The owner must provide in the operations manual the color codes for the bungee cords used at the bungee site which correspond to different weight classes. There must be a minimum of 4 weight classes or progressions at each bungee site.

SECTION 21. The owner must provide storage to protect equipment from physical, chemical, and ultraviolet ray damage. The storage must be provided for current, replacement, and emergency equipment, organized for easy and orderly access, and secured against unauthorized entry.

SECTION 22. The owner must maintain a fence designed and constructed to restrict people, animals, and objects from entering the tower area, the preparation area, the surface area of the jump space, and all areas specified by the local building code or the mechanical engineer who certifies the bungee operation.

SECTION 23. The owner must provide and maintain or ensure at each bungee site, at a minimum, the following:

(1) there must be a public address system;

(2) there must be a radio communication link or closed telephone circuit on permanent platform sites between the platform and the landing and recovery areas;

(3) bungee jump personnel must be easily identified by other staff and the public. A uniform, or similar clothing, must be worn by bungee staff.

SECTION 24. A sign must be erected at each bungee jumping site reflecting the following: the medical, weight, and age restrictions for jumpers.

SECTION 25. The owner must provide and maintain a telephone communication link to 911, or similar emergency service, within two hundred feet of the bungee operation.

SECTION 26. The owner must provide for, maintain, and ensure the following:

(1) at least one jump master must be designated "Safety, Health, and Loss Control Coordinator" and must be certified in CPR and standard first aid;

(2) a comprehensive emergency plan must be developed, practiced, maintained, posted at each bungee jump site, and is included in the operating manual;

(3) training must be provided to all bungee staff relative to emergency procedures, and a record of the training must be kept.

SECTION 27. The owner must provide and maintain emergency procedures for each bungee facility that meet at least the following:

(1) each facility must have an emergency plan contained in the operating manual;

(2) a medium first aid kit must be held on site;

(3) all jump masters must have first aid certificates;

(4) the operations manual must specify the rescue training and qualifications required for all staff on the site;

(5) adequate lighting must be provided at all jump sites that operate after sunset. The lighting system must illuminate the jump point, the jump space, and the landing area;

(6) emergency phone numbers must be posted in a conspicuous place; and

(7) a letter of agreement between the facility and all area emergency response systems whereby the emergency response systems agree to respond to emergency calls from the facility.

SECTION 28. (A) If an accident involving a bungee jump results in death or serious injury, the owner must immediately report the accident to the department and close the bungee jump operation until authorization to resume operations is received from the department.

(B) All accidents relating to a bungee jump operation must be reported to the department within twenty-four hours.

SECTION 29. The owner must maintain at least the following staff at each bungee jump:

(A) Jump master. To be qualified as a jump master, a person must be at least eighteen years of age, and must have had a minimum of two hundred hours, and two hundred and fifty jumps, of incident-free experience as a jump operator under the supervision of a qualified jump master at a bungee jumping operation. The owner or lessee is responsible for maintaining records documenting hours logged and jumps taken. A jump master is responsible for the following:

(1) selecting the bungee cord and adjusting the rigging appropriately for each jumper;

(2) taking the jumper through the final stages to the jump take-off. The jump master must be present at the jump point during each jump;

(3) training of the other bungee staff. All training must be conducted by or under the direct supervision of a jump master;

(4) ensuring that the number of jumps being conducted at a site does not prohibit the bungee staff from carrying out all procedures and duties for each job as set out in the manual;

(5) supervising all staff who are in training.

(B) Registration clerk. The owner or jump master must designate a registration clerk at each bungee site with at least the following duties:

(1) registering the jumper;

(2) weighing and marking of weight of the jumper;

(3) controlling movement of jumpers to jump platform.

(C) Operating team. The owner must provide and maintain an operating team for each bungee jump operation. Each operating team must have a minimum of three staff members involved in the oversight of the jump, one of whom must be a jump master and one of whom must be a jump operator.

SECTION 30. It is the owner's responsibility to ensure that staff take regular breaks to ensure that fatigue does not downgrade their ability to operate an incident-free operation. If continuous operation is planned, then backup staff must be available to allow adequate breaks to occur.

SECTION 31. The owner must provide and maintain an operations manual at each bungee site in accordance with the ASTM-Committee F-24 standards and the following requirements:

(1) For each bungee site, there must be an operations manual which describes the system of operation to be used and which addresses, but is not limited to, the following elements:

(a) complete description of all components in the system which must include manufacturers' specifications;

(b) site plan showing a profile of the site defining the jump platform and its supporting structure, the jump area, the jump zone, and the safety space;

(d) complete description of all rescue equipment;

(e) complete job description of all personnel employed on the site with the minimum qualifications of each person and complete detail of work periods required;

(f) complete description of emergency procedures to be taken in all possible scenarios which may occur;

(g) complete description of standard operating procedures of every person employed in the processing of the bungee jumper;

(h) complete description of the reporting to authorities of incidents resulting in injury or death;

(i) complete description of equipment inspection procedures and the recording of those inspections;

(j) complete description of maintenance procedures;

(k) complete description of the method of recording verified qualifications of jump masters employed on the site;

(l) complete description of the criteria for the periodic replacement of hardware, bungee cords, harnesses, and lifelines.

(2) A copy of the operations manual must be maintained at all times on the bungee site during operating hours.

(3) A copy of the operations manual must be submitted to the department. The copy on file at the department must be supplemented when the owner makes revisions to the manual.

SECTION 32. (A) The owner must provide and maintain a written checklist for the daily operating procedures which shall include at least the following:

(1) setting up the site equipment and public amenities;

(2) inspecting and testing of all equipment before beginning daily operations;

(3) inspecting and testing the communication system for proper operation;

(4) inspecting and testing of the jump equipment;

(5) review of the jump procedures with all bungee staff;

(6) review of all emergency procedures with all bungee staff; (7) conducting test jumps on all bungee cords to be used that day.

(B) The owner must maintain a permanent log of the following daily activities for each bungee site:

(1) confirmation that daily operating procedures were performed and compilation of the corresponding checklist;

(2) compilation of the checklists on jump procedures;

(3) the number of jumps made on each bungee cord which must be done by referencing the permanent identification number of each cord used.

SECTION 33. The owner must provide and maintain written jump procedures which must include at least the following procedures:

(1) exclusion of all unauthorized persons from the operating area;

(2) registration of jumpers, to include:

(a) name;

(b) age;

(3) jumper briefing;

(4) removal of loose objects from the jumper;

(5) preparation of the jumper which shall include;

(a) harness;

(b) instructions to the jumper;

(d) connection of the jumper to the lowering system;

(e) recheck of all connection and harness attachments;

(f) final inspection by jump master;

(g) final inspection of jumper;

(h) countdown to jump;

(i) observation of jump;

(6) landing and recovery of jumper;

(7) off-loading of jumper;

(8) return of jumper to the public area;

(9) retrieval of the bungee cord to the platform.

SECTION 34. (A) The owner must provide and maintain a written check list for the close down procedures which shall include at least the following:

(1) equipment cleaning and inspection including corrective actions, if necessary;

(2) completion of written records as required under this act;

(3) the necessary daily maintenance of equipment, structures, and facilities.

(B) Failure to complete each procedure outlined in this section constitutes a violation of this act.

SECTION 35. The following documents must be filed with the department by the owner:

(1) site plan;

(2) initial engineer's certification of site and structure;

(3) initial engineer's certification of equipment;

(4) copy of permit;

(5) proof of insurance;

(6) copy of operations manual;

(7) first aid certificates;

(8) reports of annual inspections by the department or engineer;

(9) permit renewals.

SECTION 36. (A) The department may revoke any permit issued pursuant to this act if it is determined that a bungee jumping facility is:

(1) being operated without the insurance requirements set forth in this act;

(2) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to jumpers, bystanders, operators, or attendants;

(3) being operated without the required documentation or paperwork; or

(4) being operated in a manner not consistent with the operations manual.

(B) Any other violation of the provisions of this act may result in a revocation and/or a fine, if written notice of noncompliance is served upon the owner or lessee specifying any violation of the provisions of this act and directing the owner or lessee to correct the violations within the period specified by the department. In the event the owner or lessee and the department fail to agree that the violations referred to herein have in fact been corrected, then the department shall give notice of and provide a hearing for the owner or lessee to determine whether compliance has in fact been met. The Administrative Procedures Act shall govern contested cases of this nature and any other contested cases arising under the provisions of this act.

(C) Nothing in this act prevents an owner or lessee whose permit to operate a bungee jump facility has been revoked pursuant to this section from reapplying for a permit in accordance with this act, except as otherwise specifically provided in this act. Upon application to have a revoked permit reinstated under this section, the department shall inspect the facility in question as promptly as practical, but in no case more than seventy-two hours after the submission of the application.

SECTION 37. (A) Any person who knowingly and willfully operates a bungee jumping facility in violation of any of the provisions of this act is subject to a civil penalty not to exceed two thousand dollars for each facility for each day the violation continues.

(B) Any person who operates a bungee jumping facility in violation of any of the provisions of this act is subject to a civil penalty not to exceed two thousand dollars.

SECTION 38. Whenever the department has sufficient evidence that any person is violating any provision of this act, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The department may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the department by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

SECTION 39. This act takes effect sixty days after approval by the Governor./

Amend title to conform.

THOMAS C. ALEXANDER, for Committee.

A BILL

TO PROVIDE FOR THE REGULATION OF SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, THE OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN FINES AND PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act is intended to specify and give guidance as to the site and site approval, testing of equipment, the management of the operation, the operating procedures, and the provisions and emergency procedures relating to bungee operations in this State.

SECTION 2. (A) For purposes of this act, the term "bungee jumping" includes and refers to permanent platform jumping facilities.

(B) Each bungee jumping operation is subject to the provisions of Title 41, Chapter 18, S.C. Code of Laws, Chapter 71 Code of Regulations, and this act.

SECTION 3. (A) The practice of bungee jumping from cranes, bridges, hot air balloons, blimps or any other structure or device which is not designed for the sole purpose of bungee jumping is prohibited in this State.