South Carolina Code 41-16-110. Temporary or permanent injunction for imminently dangerous facility
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 41-16-110
- Director: means the Director of the Department of Labor, Licensing and Regulation or his designee or representative. See South Carolina Code 41-16-20
- Facility: means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. See South Carolina Code 41-16-20
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
If the Director has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to injure seriously or cause death to members of the public, the Director may apply to the circuit court in the county in which the imminently dangerous condition exists for a temporary order for the purpose of enjoining the imminently dangerous facility. Upon hearing, if considered appropriate by the court, a permanent injunction may be issued to ensure that the imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of the imminently dangerous condition, the temporary or permanent injunction must be vacated.