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(13) `New installation' means a facility, the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of regulations relating to those permits adopted by the commissioner director under authority of this chapter. All other installations are existing installations.

(14) `Inspector' means an inspector employed by the department division for the purpose of administering this chapter.

(15) `Special inspector' means an inspector licensed by the commissioner director and not employed by the department division.

(16) `Provisions of this chapter' include regulations promulgated by the commissioner director pursuant to this chapter."

SECTION 149. Section 41-16-40 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"Section 41-16-40. 1. The commissioner Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations governing maintenance, construction, alteration, and installation of facilities and the inspection and testing of new and existing installations as necessary to provide for the public safety and to protect the public welfare. These regulations include, but are not limited to, regulations providing for:

a. classifications of types of facilities.;

b. maintenance, inspection, testing, and operation of the various classes of facilities.;

c. construction of new facilities.;

d. alteration of existing facilities.;

e. minimum safety requirements for all existing facilities.;

f. control or prevention of access to facilities, temporarily decommissioned facilities, or dormant facilities.;

g. the reporting of accidents and injuries arising from the use of facilities.;

h. qualifications for obtaining a special inspector's license, revocation of a special inspector's license, disqualification of special inspectors, and ethics of special inspectors.;

i. the adoption of procedures for the issuance of variances.;

j. the amount of fees charged and collected for inspection, permits, and licenses. Fees must be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct

2. Insofar as applicable, regulations adopted for facilities installed after January 1, 1986, must be based on the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements thereto to it, A.17.1. The commissioner director shall promulgate regulations for facilities installed prior to before January 1, 1986, according to the applicable provisions of the American National Standard Safety Code as he considers necessary. In promulgating regulations the commissioner director may adopt the American National Standard Safety Code, or any part of it, by reference.

3. The commissioner director shall furnish copies of the regulations promulgated by him to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the regulations."

SECTION 150. Section 41-16-50 of the 1976 Code is amended to read:

"Section 41-16-50. The commissioner Director of the Department of Labor, Licensing, and Regulation or his designee is charged with the affirmative duty of administering and enforcing the provisions of this chapter."

SECTION 151. Section 41-16-60 of the 1976 Code is amended to read:

"Section 41-16-60. Within three months after the date of promulgation of regulations under this chapter relating to registration of facilities, the owner of every existing facility, whether or not dormant, shall register each facility with the commissioner Director of the Department of Labor, Licensing, and Regulation or his designee, giving type, contract load and speed, name of manufacturer, its location, and the purpose for which it is used and any other information the commissioner director may require. Registration must be made on a form to be furnished by the department division upon request. Facilities, the construction of which are commenced subsequent to the date of promulgation of those regulations, must be registered in the manner prescribed by the commissioner director."

SECTION 152. Section 41-16-70 of the 1976 Code is amended to read:

"Section 41-16-70. All new and existing facilities, except dormant facilities, must be tested and inspected in accordance with the following schedule:

2. Every existing facility registered with the commissioner director must be inspected within one year after the effective date of the registration, except that the commissioner director may, at his discretion, may extend by regulation the time specified for making inspections.

3. Every facility must be inspected not less frequently than at least annually, except that the commissioner director may adopt regulations providing for inspections of facilities at intervals other than annually.

4. The inspections required by items 1 to 3 of this section must be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the commissioner director in lieu of a required inspection by an inspector.

5. A report of every inspection must be filed with the commissioner director by the inspector or special inspector, on a form approved by and containing all information required by the commissioner director, after the inspection has been completed and within the time provided by regulation, but not to exceed thirty days. The report shall must include all information required by the commissioner director to determine whether the owner of the facility has complied with applicable regulations. For the inspection required by item 1, the report shall must indicate whether the facility has been installed in accordance with the detailed plans and specifications approved by the commissioner director and meets the requirements of the applicable regulations.

6. In addition to the inspections required by items 1 to 3, the commissioner director may provide by regulation for additional inspections he considers necessary to enforce the provisions of this chapter."

SECTION 153. Section 41-16-80 of the 1976 Code is amended to read:

"Section 41-16-80. On and after the effective date of regulations relating to alterations, detailed plans of each facility to be altered must be submitted to the commissioner director, together with an application for an alteration permit, on forms to be furnished or approved by the commissioner director. Repairs or replacements necessary for normal maintenance are not alterations and may be made on existing installations with parts equivalent in material, strength, and design to those replaced, and no plans or specifications or application need be filed for the repairs or replacements. However, nothing in this section authorizes the use of any facility contrary to an order issued pursuant to Section 41-16-110."

SECTION 154. Section 41-16-90 of the 1976 Code is amended to read:

If the plans and specifications indicate a failure of compliance with applicable regulations, the department division shall give notice of necessary changes to the person filing the application. After the changes have been made and approved, the department division shall issue a permit.

Plans must be submitted in triplicate and must be accompanied by an application for the permit on a form to be furnished by the commissioner director. The plans shall must include:

1. sectional plan of car and hoistway.;

2. sectional plan of machine room.;

3. sectional elevation of hoistway and machine room, including the pit, bottom, and top clearance of car, and counterweight.;

4. size and weight of guide rails, and guide rail bracket spacing.;

5. other information which the department division may require."

SECTION 155. Section 41-16-100 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"Section 41-16-100. Operating certificates must be issued by the commissioner Director of the Department of Labor, Licensing and Regulation to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no certificates may be issued if the fees required by Section 41-16-140 have not been paid. Certificates must be issued within thirty days after determination by the department division that all deficiencies found upon inspection have been corrected and all fees have been paid. No facility may be operated after the thirty days or after any extension granted by the commissioner director has expired, unless an operating certificate has been issued.

The operating certificate shall must indicate the type of equipment for which it is issued and, in the case of elevators, shall must state whether passenger or freight, and also shall state the contract load and speed for each facility. The certificate must be posted conspicuously in the car of an elevator or on or near a dumbwaiter, escalator, moving walk, handicap lift, or manlift."

SECTION 156. Section 41-16-110 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

SECTION 157. Section 41-16-120 of the 1976 Code is amended to read:

"Section 41-16-120. The commissioner director, pursuant to regulation, may grant exceptions and variances from the requirements of regulations promulgated for any facility. Exceptions or variances must be reasonably related to the age of the facility and may be conditioned upon a repair or modification of the facility considered necessary by the commissioner director to assure reasonable safety. However, no exception or variance may be granted except to prevent undue hardship. These facilities are subject to orders issued pursuant to Section 41-16-110."

SECTION 158. Section 41-16-130 of the 1976 Code is amended to read:

"Section 41-16-130. Every owner of a facility subject to regulation by this chapter shall grant access to that facility to the commissioner director and department division personnel administering the provisions of this chapter. Inspections must be permitted at reasonable times, with or without prior notice."

SECTION 159. Section 41-16-140 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"Section 41-16-140. The commissioner director shall promulgate regulations to charge and collect fees for inspection, permits, and licenses. Fees may be set by regulation not more than once each year. Fees established by the commissioner director must be based upon the costs of administering the provisions of this chapter and shall must give due regard to the time spent by department division personnel in performing duties and to any travel expenses incurred.

In cases where the fees are not paid within sixty days, the Attorney General shall bring an action against the assessed owner or operator. Any amounts collected must be turned over to the State Treasurer for deposit

SECTION 160. Section 41-16-150 of the 1976 Code is amended to read:

"Section 41-16-150. Every facility must be maintained by the owner in a safe operating condition and in conformity with the regulations promulgated by the commissioner director."

SECTION 161. Section 41-16-160 of the 1976 Code is amended to read:

"Section 41-16-160. No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. Any ordinance, bylaw, or resolution relating to the inspection, construction, installation, alteration, maintenance, or operation of facilities within the limits of the political subdivision, which conflicts with this chapter or with regulations promulgated by the commissioner director, is void. The commissioner, director in his discretion, may accept inspections by local authorities in lieu of inspections required by Section 41-16-70, but only upon a showing by the local authority that applicable laws and regulations will be consistently and literally will be enforced and that inspections will be performed by special inspectors."

SECTION 162. Section 41-16-180 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"Section 41-16-180. 1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered.

2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the commissioner Director of Labor, Licensing, and Regulation or his designee of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each such violation.

3. Any owner, operator, or installation contractor who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than two times the applicable permit fee.

4. Any owner, operator, or management company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars.

6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State.

7. Any owner, operator, management company, or contractor affected or aggrieved by any:

(a) any act of the commissioner director,

(b) any citation issued by the commissioner director,

(c) any penalty assessed by the commissioner director, or

(d) any abatement period set by the commissioner director
may petition the commissioner director within thirty days of notice of the act complained of for administrative review. The provisions of Article II III (Administrative Procedures) of Act 176 of 1977 Chapter 23 of Title 1, as amended, shall govern contested cases of this nature."

SECTION 163. Section 41-17-10 of the 1976 Code is amended to read:

"Section 41-17-10. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee or his agents shall:

(a) investigate industrial disputes or strikes or lockouts arising between employer and employees or capital and labor,;

(b) ascertain, as near as may be, the cause or causes of such the industrial disputes or strikes or lockouts,;

(c) make a finding of fact in respect thereto, to them;

(d) endeavor, as far as possible, to remove misunderstandings or differences and to induce both sides to such an industrial dispute or strike or lockout to arrive at an agreement,;

(e) nominate, appoint, or act as arbitrators when so requested by both sides to such a the controversy and;

(f) in general, remove as far as possible the causes for industrial disputes or strikes or lockouts and induce an amicable settlement of them.

Unless the Commissioner director or his agents find it inadvisable so to do the finding of fact of the Commissioner director or his agents as to all such disputes shall must be reported to the Governor as soon as practicable in each case and annually to the General Assembly."

SECTION 164. Section 41-17-20 of the 1976 Code is amended to read:

SECTION 165. Section 41-17-40 of the 1976 Code is amended to read:

"Section 41-17-40. The Commissioner of Labor director or his agents may summon and examine in public or in executive session any person concerned in any such a strike or lockout or industrial dispute or any other person within the State and may compel them to testify."

SECTION 166. Section 41-17-50 of the 1976 Code is amended to read:

"Section 41-17-50. The Commissioner of Labor director or his agents may compel the production of books or documents relating to questions in dispute;, inspect property with respect to which there is a dispute with relation to an industrial dispute or strikes or lockout;, examine into working conditions and sanitary conditions;, and at all times have access to any property or premises necessary to any such inspection."

SECTION 167. Section 41-17-60 of the 1976 Code is amended to read:

"Section 41-17-60. The Commissioner of Labor director or his agents can be called into session and into the performance of their duties and functions under this chapter by the Governor."

SECTION 168. Section 41-17-70 of the 1976 Code is amended to read:

"Section 41-17-70. Any person that who hinders or obstructs the Commissioner of Labor director or his agents in the full and free performance of their duties under this chapter shall be is guilty of a misdemeanor for each and every such offense and, upon conviction, in a court of competent jurisdiction shall must be fined not less than twenty-five dollars, nor more than one hundred dollars or sentenced to serve imprisoned not more than thirty days upon the county chain gang."

SECTION 169. Section 41-18-40 (3), (11), and (12) of the 1976 Code, as last amended by Act 144 of 1993, are further amended to read:

"(3) `Commissioner Director' means the Commissioner of the South Carolina Department of Labor or his designee or representative Director of the Department of Labor, Licensing, and Regulation or his designee.

(12) `Special inspector' means an inspector licensed by the commissioner director and not employed by the department division."

SECTION 170. Section 41-18-50 of the 1976 Code is amended to read:

"Section 41-18-50. No amusement device may be operated in the State without a permit issued by the commissioner director. The permits are not transferable, and if any permit holder voluntarily discontinues operation of the amusement device, all rights secured under the permit are terminated."

SECTION 171. Section 41-18-60 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:

"Section 41-18-60. 1. Before commencement of the operation of a permanent or temporary device, the owner or lessee shall make written application to the commissioner director for a permit to operate. The permit is valid for a period of up to one year expiring on December thirty-first of the year issued.

2. No temporary device may be used at any time or location unless prior notice of intent to use same it has been given to the commissioner director. Notice of planned schedules shall must:

(a) be in writing,;

(b) identify the temporary device,;

(c) state the intended dates and locations of use,;

(d) be mailed to the commissioner director at least seven days before the first intended date of use;.

However, except the commissioner director may, in his discretion, may waive these requirements.

3. A permit to operate must be issued to the owner or lessee of an amusement device when:

(a) written application has been made to the commissioner director;

(b) the amusement device has passed all required inspections;

(c) the liability insurance required by Section 41-18-90 has been met in the amount prescribed.

4. The commissioner director may revoke any permit issued pursuant to this chapter if it is determined that an amusement device is:

(a) being operated without the inspections required by Sections 41-18-70 and 41-18-80; or

(b) being operated without the insurance required by Section 41-18-90; or

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

(e) being operated in a manner contrary to the operating fact sheets.

5. Any other violation of the provisions of this chapter may result in a revocation, if written notice of noncompliance is served upon the owner specifying any violation of the provisions of this chapter and directing the owner to correct the violations within the period specified by the commissioner director. In the event If the owner and the department division fail to agree that the violations referred to herein have in fact been corrected, then the department division shall give notice of and provide a hearing for the owner to determine whether compliance has in fact been met. The provisions of Article II III (Administrative Procedures) of Act 176 of 1977 Chapter 23 of Title 1, as amended, shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter.

6. Nothing in this chapter prevents an owner whose permit to operate an amusement device has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department division shall inspect the amusement ride in question as promptly as practicable, but in no case more than seventy-two hours after the submission of the application."

SECTION 172. Section 41-18-70 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:

"Section 41-18-70. Before a permit may be issued as provided in Sections 41-18-50 and 41-18-60, an inspection of the amusement device must be made in compliance with the procedures set by the commissioner director. The inspection must have been conducted within one month prior to before the permit application, unless the period is extended by operation of subsection 5 of Section 41-18-80(5)."

SECTION 173. Section 41-18-80 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:

"Section 41-18-80. (1) In the case of a permanent device, the amusement device must be inspected by the commissioner director or special inspector. Thereafter, As a requirement for the issuance of each subsequent permit, the amusement device must be inspected at least annually by the commissioner director or by a special inspector. The

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