A BILL TO BE ENTITLED
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.
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 any of the following:
(1)	Elevators, dumbwaiters, escalators, and moving walks.
(2)	Personnel hoists.
(3)	Inclined stairway chair lifts.
(4)	Inclined and vertical wheelchair lifts.
(5)	Manlifts.
(6)	Special equipment.
(b)	This Article shall not apply to any of the following:
(1)	Devices and equipment located and operated in a single family residence. For the purposes of this subdivision, the term "single family residence" does not include a 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)	The following requirements shall apply to any elevator in a private residence, cottage, or similar accommodation subject to taxation under G.S. 105‑164.4F:
(1)	The gap between the hoistway face of the landing door and the hoistway face of the car door shall not exceed 4 inches.
(2)	Elevator doors or gates shall meet the following requirements:
a.	Horizontal sliding car doors and gates shall be designed and installed to withstand a force of 75 pounds applied horizontally on an area 4 inches by 4 inches at right angles to and at any location on the car door when fully closed without permanent deformation, without exceeding a deflection of three‑quarters of an inch, and without displacing the door or gate from its guides or tracks.
b.	Folding car doors shall be designed and installed to withstand a force of 75 pounds applied horizontally using a 4‑inch diameter sphere at any location within the folds of the door without permanent deformation, without exceeding a deflection of three‑quarters of an inch, and without displacing the door from its guides or tracks.
(3)	If an elevator does not comply with the requirements of subdivision (1) or (2) of this subsection, then to protect the public safety the property owner shall disconnect the power supply to the elevator to prevent it from being operated until the owner has complied with all of the following requirements:
a.	If the elevator does not comply with subdivision (1) of this subsection, then the property owner shall install a hoistway door space guard, a full height door baffle, or a door baffle that is at least 31.75 inches in height, each of which shall be nonremovable and shall be designed and installed to withstand a force of 75 pounds applied horizontally using a 4‑inch diameter sphere at any location without permanent deformation.
b.	If the elevator door or gate does not comply with subdivision (2) of this subsection, then the property owner shall replace it with a door or gate that complies with subdivision (2) of this subsection.
c.	The property owner shall provide the Commissioner with documentation in one of the following forms verifying compliance with this subdivision, which documentation shall be maintained by the Elevator and Amusement Device Division:
1.	A statement signed by a professional elevator installer certifying installation of a door baffle, door space guard, door, or gate meeting the requirements of this subdivision.
2.	A receipt for purchase of the item or items installed in compliance with the requirements of this subdivision, together with photographs deemed sufficient by the Commissioner to verify compliance."
SECTION 3.  The North Carolina Building Code Council shall adopt rules to amend Section R321 of the North Carolina State Building Code that are consistent with 2016 ASME A17.1 sections 5.3.1.8.2 and 5.3.1.8.3 and substantively identical to the provisions of G.S. 95‑110.8(b), as enacted by Section 2 of this act.
SECTION 4.  This act becomes effective October 1, 2022.