95-110.1. Short title and legislative purpose. (a) This Article shall be known as the Elevator Safety Act of North Carolina. (b) The General Assembly finds that the use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions and that prevention […]
95-110.10. Violations; civil penalties; appeals. (a) Any person who violates G.S. 95-110.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250.00) for each day each device or equipment is so operated or used. (b) […]
95-110.11. Violations; criminal penalties. (a) Any person who violates G.S. 95-110.8 (Operation of unsafe device or equipment) shall be guilty of a Class 2 misdemeanor. (b) Any person misrepresenting himself as an authorized inspector administering or enforcing the provisions of this Article or the rules and regulations promulgated thereunder shall be guilty of a Class […]
95-110.12. Legal representation. It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in connection with this Article or the rules and regulations promulgated thereunder. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
95-110.13. Authorization for similar safety and health federal-State programs. Consistent with the requirements and conditions provided in this Article and the rules and regulations promulgated thereunder, the State, upon recommendation of the Commissioner of Labor, may enter into agreements or arrangements with appropriate federal agencies for the purpose of administering the enforcement of federal statutes […]
95-110.14. Confidentiality of trade secrets. All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article or the rules and regulations promulgated thereunder which contains or might reveal a trade secret shall be considered confidential, except as to carrying out this […]
95-110.15. Construction of Article and rules and regulations and severability. This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may be protected. If any provisions of either or the application thereof to any person or circumstances is held to be invalid, […]
95-110.2. Scope. This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving: (1) Elevators, dumbwaiters, escalators, and moving walks; (2) Personnel hoists; (3) Inclined stairway chair lifts; (4) Inclined and vertical wheelchair lifts; (5) Manlifts; and (6) Special equipment. This Article shall […]
95-110.3. Definitions. (a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or his authorized representative. (b) The term "Director" shall mean the Director of the Elevator and Amusement Device Division of the North Carolina Department of Labor. (c) The term "dumbwaiter" shall mean a hoisting and lowering mechanism equipped with a car […]
95-110.4. Elevator and Amusement Device Division established. There is hereby created an Elevator and Amusement Device Division within the Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement Device Division and such other employees as the Commissioner deems necessary to assist the director in administering the provisions of this Article. […]
95-110.5. Powers and duties of Commissioner. The Commissioner of Labor is hereby empowered: (1) To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and responsibilities as the Commissioner determines will best serve the public interest in the safe operation of lifting devices and equipment; (2) To supervise the Director […]
95-110.6. Noncomplying devices and equipment; appeal. (a) Whenever the Commissioner determines that a device or equipment is subject to the provisions of this Article, and that the operation of such device or equipment is exposing the public to an unsafe condition likely to result in serious personal injury or property damage, he may immediately order […]
95-110.7. Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate. (a) No person shall operate or permit to be operated or use any device or equipment subject to the provisions of this Article without a valid certificate of operation unless the […]
95-110.8. Operation of unsafe device or equipment. No person shall operate, permit to be operated or use any device or equipment subject to the provisions of this Article if such person knows or reasonably should know that such operation or use will expose the public to an unsafe condition which is likely to result in […]
95-110.9. Reports required. (a) The owner of any device or equipment regulated under the provisions of this Article, or his authorized agent, shall within 24 hours notify the Commissioner of each and every occurrence involving such device or equipment when: (1) The occurrence results in death or injury requiring medical treatment, other than first aid, […]
