South Carolina § 41-16-40 - Issuance of regulations.

§ 41-16-40. Issuance of regulations.

1. The Director 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 an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses.

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, A.17.1. The Director shall promulgate regulations for facilities installed prior to January 1, 1986, according to the applicable provisions of the American National Standard Safety Code as he considers necessary. In promulgating regulations the Director may adopt the American National Standard Safety Code, or any part of it, by reference.

3. The 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.

HISTORY: 1985 Act No. 103, SECTION 1; 1993 Act No. 102, SECTIONS 5, 6, eff June 14, 1993.

Effect of Amendment

The 1993 amendment, in subsection 1, paragraph f., added ", temporarily decommissioned facilities," and, rewrote paragraph h, adding "special" before "inspector's license", and adding provision for revocation of special license.