Chapter 95

A Department of Labor is hereby created and established. The duties of said Department shall be exercised and discharged under the supervision and direction of a commissioner, to be known as the Commissioner of Labor. (Rev., s. 3909; 1919, c. 314, s. 4; C.S., s. 7309; 1931, c. 31…

The provisions of Article 10 of Chapter 95 of the General Statutes shall not apply to the State of North Carolina or any agency, institution, or instrumentality thereof or the employees of same nor shall the provisions of Article 10 of Chapter 95 of the General Statutes apply to …

As used in this Article, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employee or employees participate and which exists for the purpose in whole or in part, of dealing with employers concer…

It shall be unlawful for any carrier or shipper of property or any association of such carriers or shippers to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rai…

It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in G.S. 95-102 above. (1963, c. 244.)

Any person, firm, corporation, association or partnership which or who agrees to pay, or does pay, or agrees to receive, or does receive, any payment described in this Article shall be guilty of a Class 3 misdemeanor and shall only be fined not less than one hundred dollars ($100…

The assessment of the fees adopted by the Commissioner pursuant to G.S. 95-69.11, 95-110.5A, 95-111.4A, and 95-120.2 shall be made against the owner or operator of the equipment and may be collected at the time of inspection. If the fees are not collected at the time of inspectio…

All fees collected by the Department of Labor pursuant to G.S. 95-69.11, 95-110.5A, 95-111.4A, and 95-120.2 shall be deposited with the State Treasurer and shall be used for inspection, permitting, and certification purposes. Fees deposited pursuant to this section that have not …

(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 cond…

(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…

(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 p…

The Department of Labor may represent itself in any action or proceeding in connection with this Article. Upon request of the Department of Labor, it shall be the duty of the Attorney General of North Carolina to represent the Department of Labor in actions or proceedings in conn…

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 …

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 con…

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, such inv…

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) Personne…

(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or the Commissioner's authorized representative. (b) The term "Director" shall mean the Director of the Elevator and Amusement Device Bureau of the North Carolina Department of Labor. (c) The term "du…

There is hereby created an Elevator and Amusement Device Bureau within the Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement Device Bureau and such other employees as the Commissioner deems necessary to assist the director in administeri…

The Commissioner of Labor is hereby empowered to do all of the following: (1) To delegate to the Director of the Elevator and Amusement Device Bureau such powers, duties and responsibilities as the Commissioner determines will best serve the public interest in the safe operation …

(a) Beginning July 1, 2025, the Department shall charge fees not to exceed the following: Special Inspection Fee - Expedited $1,000 Temporary Limited Certificate for Construction Use Only; Less than 10 Floors $200.00 Temporary Limited Certificate for Construction Use Only; 10 or …

(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 ma…

(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 absence of a valid certificate is the result of the Commissioner's failure to inspect such device. (b)…

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 in…

(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 requ…

(a) This Article shall be known as the "Amusement Device Safety Act of North Carolina". (b) The General Assembly finds that although most amusement devices are free from defect and operated in a safe manner, those which are not impose a substantial probability of serious and prev…

(a) The owner of any device 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 when: (1) The occurrence results in death or injury requiring medical treatment, …

(a) Any operator of a device subject to the provisions of this Article shall be at least 18 years of age. An operator shall operate no more than one device at any given time. An operator shall be in attendance at all times the device is in operation. (b) No person shall operate a…

(a) No owner shall operate a device subject to the provisions of this Article, unless at the time, there is in existence a contract of insurance providing coverage of not less than one million dollars ($1,000,000) per occurrence against liability for injury to persons or property…

(a) Any person who violates G.S. 95-111.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) or G.S. 95-111.8 (Location notice) is subject to a civil penalty not to exceed one thousand two hundred fifty dollars ($1,250) fo…

The owner or amusement device operator may deny any person entrance to an amusement device if he or she believes such entry may jeopardize the safety of the person desiring entry, riders or other persons. (1985 (Reg. Sess., 1986), c. 990, s. 2.)

The Department of Labor may represent itself in any action or proceeding in connection with this Article or any rules and regulations promulgated thereunder. Upon the request of the Department of Labor, it shall be the duty of the Attorney General of North Carolina, when requeste…

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 …

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 con…

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, such inv…

(a) This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving amusement devices. (b) This Article shall not apply to any device w…

The following definitions shall apply in this Article: (1) Amusement device. - Any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route or course or within a defined area including the e…

The Commissioner of Labor is hereby empowered to do all of the following: (1) To delegate to the Director of the Elevator and Amusement Device Bureau such powers, duties and responsibilities as the Commissioner determines will best serve the public interest in the safe operation …

(a) Beginning July 1, 2025, the Department shall charge fees not to exceed the following: Advance Location Notice (ALN) Application Fee $25.00 Special Inspection Fee - Expedited $1,000 Amusement Major Ride Inspections $250.00 Amusement Return Trip Inspections $500.00 Holiday/Week…

(a) An owner of a device subject to the provisions of this Article, or his authorized agent, is hereby required to make a pre-opening inspection and test of such device, prior to admitting the public, each day such device is intended to be used. (b) An owner of a device subject t…

(a) Whenever the Commissioner determines that a device is subject to the provisions of this Article and the operation of such device is exposing the public to an unsafe condition likely to result in serious personal injury or property damage, he immediately may order in writing t…

(a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid certificate of operation. (b) No person shall operate or permit to be operated or use any device subject to the provisions of this Article otherwise th…

No person shall operate for the public or permit the operation for the public any device subject to the provisions of this Article after initial assembly or after reassembly at any location within this State without first notifying the Commissioner of the intention to operate for…

No person shall operate, permit to be operated or use any device 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 prope…

In order to safeguard life, health, property, and the welfare of this State, it shall be the policy of the State of North Carolina to protect its citizens and visitors from unnecessary mechanical hazards in the operation of ski tows, lifts, tramways and related devices to insure …

Each word or term defined in this Article has the meaning indicated in this section, unless a different meaning is plainly required by the context. (1) Annual gross volume. - The gross receipts a person or passenger tramway receives from all types of sales made and business done …

(a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid registration certificate. (b) Operators of devices subject to the provisions of this Article shall apply to the Commissioner of Labor, on forms provide…

(a) A registration certificate shall be issued annually when the Commissioner is satisfied that the facts stated in the application are sufficient to enable the Commissioner to fulfill his or her duties under this Article and that the device sought to be registered complies with …

In addition to all other powers and duties conferred and imposed upon the Commissioner by this Article, the Commissioner shall have and exercise the following powers and duties: (1) To adopt, modify, or revoke the rules necessary for carrying out the provisions of this Article, i…

(a) No person shall operate a device subject to the provisions of this Article, unless at the time of operation, there is in existence: (1) A contract of insurance providing coverage of not less than one million dollars ($1,000,000) per occurrence against liability for injury to …

(a) Beginning July 1, 2025, the Department shall charge fees not to exceed the following: Gondolas, Chairlifts, Inclined Railroad Inspections $500.00 J or T Bars and Conveyors Inspections $300.00 Rope Tow Inspections $200.00 (b) Notwithstanding any provision of law to the contrar…