AN ACT amending the elevator safety act of north carolina relating to elevator devices and equipment used in a private residence, cottage, or similar accommodation subject to taxation under G.S. 105‑164.4F and appropriating funds for that purpose.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 95‑110.2 reads as rewritten:

§ 95‑110.2.  Scope.

(a)        This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving:involving any of the following:

(1)        Elevators, dumbwaiters, escalators, and moving walks;walks.

(2)        Personnel hoists;hoists.

(3)        Inclined stairway chair lifts;lifts.

(4)        Inclined and vertical wheelchair lifts;lifts.

(5)        Manlifts; andManlifts.

(6)        Special equipment.

(b)        This Article shall not apply to devices any of the following:

(1)        Devices and equipment located and operated in a single family residence, to conveyors residence. For the purposes of this section, the term single family residence does not include an existing private residence, cottage, or similar accommodation subject to taxation under G.S. 105‑164.4F.

(2)        Conveyors and related equipment within the scope of the American National Standard Safety Standard for Conveyors and Related Equipment (ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials, or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant thereto.

SECTION 2.  G.S. 95‑110.8 reads as rewritten:

§ 95‑110.8.  Operation of unsafe device or equipment.

(a)        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 personal injury or property damage.

(b)        If an existing private residence, cottage, or similar accommodation subject to taxation under G.S. 105‑164.4F is inspected and found to have a gap in an elevator inconsistent with North Carolina Residential Code Section R321.1 (Elevators), then the property owner shall install a baffle or a space guard to fill the space in order to protect the public safety. For the purposes of this subsection, a baffle or space guard means a permanent, nonremovable instrument that is designed and installed to withstand a force of 75 pounds applied horizontally using a 4‑inch diameter sphere at any location of the space guard without permanent deformation while allowing no more than three‑quarters of an inch sill, as required by North Carolina Residential Code Section R321.1, (Elevators).

SECTION 3.  There is appropriated from the General Fund to the Department of Labor the sum of ten thousand dollars ($10,000) for the 2022‑2023 fiscal year to implement the elevator safety amendments enacted by this act.

SECTION 4.  This act becomes effective July 1, 2022.