1999 Code of Laws
(unannotated)
Current through the 1999 Regular Session and the 1999 Extra Session
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This chapter 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.
(A) For purposes of this chapter, 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.
The following definitions are applicable for the purposes of this chapter:
(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:(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 do not ordinarily require medical treatment even though provided by a physician or other licensed professional personnel.
(A) The bungee cord must be designed and tested to perform within prescribed limits of stretch and load as stated in this chapter.
(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:
(E) The following requirements apply to bungee cords:
(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:(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 three 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 five 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:
(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:
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:
(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.
(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 chapter, "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.
(A) The owner must secure the consent of a parent or guardian for any jumper who is under the age of sixteen. The parent or guardian must be over eighteen 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:
(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.
(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.
The owner must provide and maintain a telephone communication link to 911, or similar emergency service, within two hundred feet of the bungee operation.
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.
(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.
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.
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.
Whenever the department has sufficient evidence that any person is violating any provision of this chapter, 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.
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