reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.19 - Violations; civil penalties; appeals.

§ 95-69.19. Violations; civil penalties; appeals.
(a) Any person who violates G.S. 95-69.18(a) or (b) (operation without inspection 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 boiler or pressure vessel is so operated or used.
(b) Any person who violates G.S. 95-69.18(c) (operation after refusal to issue or after revocation of inspection certificate) shall be subject to a civil penalty not to exceed five hundred dollars ($500.00) for each day any such boiler or pressure vessel is so operated or used.
(c) In determining the amount of any penalty ordered under authority of this section, the Commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person being charged, the gravity of the violation, the good faith of the person, and the record of previous violations.
(d) The determination of the amount of the penalty by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination in which event the final determination of the penalty shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act.
(e) The Commissioner may file in the office of the clerk of the superior court of the county where the violation occurred or where the person against whom a civil penalty has been ordered resides, or if a corporation is involved in the county where the corporation maintains its principal place of business, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Upon filing of the final order, the clerk of superior court shall enter judgment in accordance with the order and notify the parties. The judgment shall have the same force and effect as a judgment by the superior court of the General Court of Justice. (2005-453, s. 11; 2007-231, s. 6.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.20 - Violations; criminal penalties.

§ 95-69.20. Violations; criminal penalties.
(a) Any person who knowingly and willfully misrepresents himself as an authorized inspector administering or enforcing the provisions of this Article or the rules adopted pursuant to this Article shall be guilty of a Class 2 misdemeanor.
(b) Any person knowingly making a material and false statement, representation, or certification in any application, record, report, plan, or any other document filed or required to be maintained pursuant to this Article or the rules adopted pursuant to this Article shall be guilty of a Class 2 misdemeanor. (2005-453, s. 12.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7B - Historical Boilers. › § 95-69.30 - Safety Program for Operators and Apprentices.

§ 95-69.30. Safety Program for Operators and Apprentices.
The Department of Labor shall create and conduct a safety program for the purpose of providing instruction on how to properly care, maintain, operate, and exhibit historical boilers. The program shall also include instruction on how to train an apprentice to properly care, maintain, operate, and exhibit historical boilers. For purposes of this section, the term "historical boiler" means a steam boiler of riveted construction that is preserved, restored, or maintained for hobby or demonstration. (2013-360, s. 13.10(a).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 9 - Earnings of Employees in Interstate Commerce. › § 95-73 - Collections out of State to avoid exemptions forbidden.

§ 95-73. Collections out of State to avoid exemptions forbidden.
No resident creditor or other holder of any book account, negotiable instrument, duebill or other monetary demand arising out of contract, due by or chargeable against any resident wage earner or other salaried employee of any railway corporation or other corporation, firm, or individual engaged in interstate business shall send out of the State, assign, or transfer the same, for value or otherwise, with intent to thereby deprive such debtor of his personal earnings and property exempt by law from application to the payment of his debts under the laws of the State of North Carolina, by instituting or causing to be instituted thereon against such debtor, in any court outside of this State, in such creditor's own name or in the name of any other person, any action, suit, or proceeding for the attachment or garnishment of such debtor's earnings in the hands of his employer, when such creditor and debtor and the railway corporation or other corporation, firm, or individual owing the wages or salary intended to be reached are under the jurisdiction of the courts of this State. (1909, c. 504, s. 1; C.S., s. 6568.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 9 - Earnings of Employees in Interstate Commerce. › § 95-74 - Resident not to abet collection out of State.

§ 95-74. Resident not to abet collection out of State.
No person residing or sojourning in this State shall counsel, aid, or abet any violation of the provisions of G.S. 95-73. (1909, c. 504, s. 2; C.S., s. 6569.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 9 - Earnings of Employees in Interstate Commerce. › § 95-75 - Remedies for violation of § 95-73 or 95-74; damages; indictment.

§ 95-75. Remedies for violation of § 95-73 or 95-74; damages; indictment.
Any person violating any provisions of G.S. 95-73 or 95-74 shall be answerable in damages to any debtor from whom any book account, negotiable instrument, duebill, or other monetary demand arising out of contract shall be collected, or against whose earnings any warrant of attachment or notice of garnishment shall be issued, in violation of the provisions of G.S. 95-73, to the full amount of the debt thus collected, attached, or garnisheed, to be recovered by civil action in any court of competent jurisdiction in this State; and any person so offending shall likewise be guilty of a Class 3 misdemeanor, punishable only by a fine of not more than two hundred dollars ($200.00). (1909, c. 504, s. 3; C.S., s. 6570; 1993, c. 539, s. 666; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 9 - Earnings of Employees in Interstate Commerce. › § 95-76 - Institution of foreign suit, etc., evidence of intent to violate.

§ 95-76. Institution of foreign suit, etc., evidence of intent to violate.
In any civil or criminal action instituted in any court of competent jurisdiction in this State for any violation of the provisions of G.S. 95-73 and 95-74, proof of the institution or prosecution of any action, suit, or proceeding in violation of the provisions of G.S. 95-73, or the issuance of service therein of any warrant of attachment, notice, or garnishment or other like writ for the garnishment of earnings of the defendant therein, or of the payment by the garnishee therein of any final judgment rendered in any such action, suit, or proceeding shall be deemed prima facie evidence of the intent of the creditor or other holder of the debt sued upon to deprive such debtor of his personal earnings and property exempt from application to the payment of his debts under the laws of this State, in violation of the provisions of this Article. (1909, c. 504, s. 4; C.S., s. 6571.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 9 - Earnings of Employees in Interstate Commerce. › § 95-77 - Construction of Article.

§ 95-77. Construction of Article.
No provision of this Article shall be so construed as to deprive any person entitled to its benefits of any legal or equitable remedy already possessed under the laws of this State. (1909, c. 504, s. 5; C.S., s. 6572.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-78 - Declaration of public policy.

§ 95-78. Declaration of public policy.
The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association. (1947, c. 328, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-79 - Certain agreements declared illegal.

§ 95-79. Certain agreements declared illegal.
(a) Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against the public policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of North Carolina.
(b) Any provision that directly or indirectly conditions the purchase of agricultural products, the terms of an agreement for the purchase of agricultural products, or the terms of an agreement not to sue or settle litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization is invalid and unenforceable as against public policy in restraint of trade or commerce in the State of North Carolina. Further, notwithstanding G.S. 95-25.8, an agreement requiring an agricultural producer to transfer funds to a labor union or labor organization for the purpose of paying an employee's membership fee or dues is invalid and unenforceable against public policy in restraint of trade or commerce in the State of North Carolina. For purposes of this subsection, the term "agricultural producer" means any producer engaged in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. (1947, c. 328, s. 2; 2013-413, s. 15; 2014-115, s. 17; 2017-108, s. 20.5(a).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-80 - Membership in labor organization as condition of employment prohibited.

§ 95-80. Membership in labor organization as condition of employment prohibited.
No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. (1947, c. 328, s. 3.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-81 - Nonmembership as condition of employment prohibited.

§ 95-81. Nonmembership as condition of employment prohibited.
No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. (1947, c. 328, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-82 - Payment of dues as condition of employment prohibited.

§ 95-82. Payment of dues as condition of employment prohibited.
No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. (1947, c. 328, s. 5.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-83 - Recovery of damages by persons denied employment.

§ 95-83. Recovery of damages by persons denied employment.
Any person who may be denied employment or be deprived of continuation of his employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him by appropriate action in the courts of this State such damages as he may have sustained by reason of such denial or deprivation of employment. (1947, c. 328, s. 6.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 10 - Declaration of Policy as to Labor Organizations. › § 95-84 - Application of Article.

§ 95-84. Application of Article.
The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of any existing contract. (1947, c. 328, s. 7.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes. › § 95-98 - Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal.

§ 95-98. Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal.
Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect. (1959, c. 742.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes. › § 95-98.1 - Strikes by public employees prohibited.

§ 95-98.1. Strikes by public employees prohibited.
Strikes by public employees are hereby declared illegal and against the public policy of this State. No person holding a position either full-or part-time by appointment or employment with the State of North Carolina or in any county, city, town or other political subdivision of the State of North Carolina, or in any agency of any of them, shall willfully participate in a strike by public employees. (1981, c. 958, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes. › § 95-98.2 - Strike defined.

§ 95-98.2. Strike defined.
The word "strike" as used herein shall mean a cessation or deliberate slowing down of work by a combination of persons as a means of enforcing compliance with a demand upon the employer, but shall not include protected activity under Article 16 of this Chapter: Provided, however, that nothing herein shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of public employment so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment. (1981, c. 958, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes. › § 95-99 - Penalty for violation of Article.

§ 95-99. Penalty for violation of Article.
Any violation of the provisions of this Article is hereby declared to be a Class 1 misdemeanor. (1959, c. 742; 1993, c. 539, s. 667; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes. › § 95-100 - No provisions of Article 10 of Chapter 95 applicable to units of government or their employees.

§ 95-100. No provisions of Article 10 of Chapter 95 applicable to units of government or their employees.
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 any public employees or any employees of any town, city, county or other municipality or the agencies or instrumentalities thereof, nor shall said Article apply to employees of the State or any agencies, instrumentalities or institutions thereof or to any public employees whatsoever. (1959, c. 742.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 13 - Payments to or for Benefit of Labor Organizations. › § 95-101 - Definition.

§ 95-101. Definition.
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 concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (1963, c. 244.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 13 - Payments to or for Benefit of Labor Organizations. › § 95-102 - Certain payments to and agreements to pay labor organizations unlawful.

§ 95-102. Certain payments to and agreements to pay labor organizations unlawful.
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 rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways and any such agreement shall be void and unenforceable. (1963, c. 244.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 13 - Payments to or for Benefit of Labor Organizations. › § 95-103 - Acceptance of such payments unlawful.

§ 95-103. Acceptance of such payments unlawful.
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.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 13 - Payments to or for Benefit of Labor Organizations. › § 95-104 - Penalty.

§ 95-104. Penalty.
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 ($100.00), nor more than one thousand dollars ($1,000) for each offense. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate offense. (1963, c. 244; 1993, c. 539, s. 668; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14 - Inspection Service Fees. › § 95-107 - Assessment and collection of fees; certificates of safe operation.

§ 95-107. Assessment and collection of fees; certificates of safe operation.
The assessment of the fees adopted by the Commissioner pursuant to G.S. 95-69.11, 95-110.5, 95-111.4 and 95-120 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 inspection, the Department must bill the owner or operator of the equipment for the amount of the fee assessed for the inspection of the equipment and the amount assessed is payable by the owner or operator of the equipment upon receipt of the bill. Certificates of safe operation may be withheld by the Department of Labor until such time as the assessed fees are collected. (1975, c. 777, s. 3; 1995, c. 217, s. 1; 2001-427, s. 11(c); 2005-347, s. 6; 2005-453, s. 13.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14 - Inspection Service Fees. › § 95-108 - Disposition of fees.

§ 95-108. Disposition of fees.
All fees collected by the Department of Labor pursuant to G.S. 95-69.11, 95-110.5, 95-111.4 and 95-120 shall be deposited with the State Treasurer and shall be used exclusively for inspection and certification purposes. (1975, c. 777, s. 4; 2001-427, s. 11(d); 2005-347, s. 7; 2005-453, s. 14.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.1 - Short title and legislative purpose.

§ 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 of these injuries and protection of employees and the public from unsafe conditions is in the best interests and welfare of the people of the State. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.2 - Scope.

§ 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 not apply to devices and equipment located and operated in a single family residence, to 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. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.4 - Elevator and Amusement Device Division established.

§ 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. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.6 - Noncomplying devices and equipment; appeal.

§ 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 in writing that the use of the device or equipment be stopped or limited until such time as he determines that the device or equipment has been made safe for use by the public.
(b) Whenever the Commissioner determines that the provisions of this Article or the rules and regulations promulgated thereunder have not been complied with, he may refuse to issue or renew or may revoke, suspend or amend a certificate of operation.
(c) Any action taken under this section by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person against whom such action was taken takes exception to the determination, in which event the final determination of the action shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act . (1985 (Reg. Sess., 1986), c. 990, s. 1; 2015-221, s. 1.5.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 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.

§ 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 absence of a valid certificate is the result of the Commissioner's failure to inspect such device.
(b) No person shall operate or permit to be operated or use any device or equipment subject to the provisions of this Article otherwise than in accordance with this Article and the rules and regulations promulgated thereunder.
(c) No person shall operate or permit to be operated or use any device or equipment subject to the provisions of this Article after the Commissioner has refused to issue or has revoked the certificate of operation for such device or equipment. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.8 - Operation of unsafe device or equipment.

§ 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 personal injury or property damage. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.9 - Reports required.

§ 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, by a physician. First aid means the one time treatment or observation of scratches, cuts not requiring stitches, burns, splinters and contusions or a diagnostic procedure, including examination and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel; or
(2) The occurrence results in damage to the device indicating a substantial defect in design, mechanics, structure or equipment, affecting the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b) The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(c) No person, following an occurrence as specified in subsection (a), shall operate, attempt to operate, use or move or attempt to move such device or equipment, or part thereof, without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(d) No person, following an occurrence as specified in subsection (a), shall remove or attempt to remove from the premises any damaged or undamaged part of such device or equipment or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The department must initiate its investigation within 24 hours of being notified. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.10 - Violations; civil penalties; appeals.

§ 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) Any person who violates G.S. 95-110.7(c) (Operation after refusal to issue or after revocation of certificate) or G.S. 95-110.9(c) (Reports required) shall be subject to a civil penalty not to exceed five hundred dollars ($500.00) for each day any such device or equipment is operated or used.
(c) Any person who violates the provisions of G.S. 95-110.9(d) (Reports required) shall be subject to a civil penalty not to exceed five hundred dollars ($500.00).
(d) In determining the amount of any penalty ordered under authority of this section, the Commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person being charged, the gravity of the violation, the good faith of the person and the record of previous violations.
(e) The determination of the amount of the penalty by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination in which event the final determination of the penalty shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act.
(f) The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, against whom a civil penalty has been ordered, resides, or if a corporation is involved, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Whereupon, the clerk of said court shall enter judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice. (1985 (Reg. Sess., 1986), c. 990, s. 1; 2003-308, s. 3; 2007-231, s. 7.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.11 - Violations; criminal penalties.

§ 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 2 misdemeanor.
(c) Any person knowingly making a material and false statement, representation or certification in any application, record, report, plan or any other document filed or required to be maintained pursuant to this Article or the rules and regulations promulgated thereunder shall be guilty of a Class 2 misdemeanor which may include a fine of up to five thousand dollars ($5,000). (1985 (Reg. Sess., 1986), c. 990, s. 1; 1993, c. 539, s. 669; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.12 - Legal representation.

§ 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.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.13 - Authorization for similar safety and health federal-State programs.

§ 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 and rules and regulations governing devices and equipment subject to the provisions of this Article. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.14 - Confidentiality of trade secrets.

§ 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 Article and the rules and regulations promulgated thereunder, or when it is relevant in any proceeding under the same. In any such proceeding the Commissioner or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14A - Elevator Safety Act of North Carolina. › § 95-110.15 - Construction of Article and rules and regulations and severability.

§ 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, such invalidity shall not affect those provisions or applications which can be given effect without the invalid provision or application, and to that end the provisions of this Article are severable. (1985 (Reg. Sess., 1986), c. 990, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.1 - Short title and legislative purpose.

§ 95-111.1. Short title and legislative purpose.
(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 preventable injury to the public. Protection of the public from exposure to such unsafe conditions and the prevention of injuries is in the best interest and welfare of the people of the State.
(c) It is the intent of this Article that amusement devices shall be designed, constructed, assembled or disassembled, maintained, and operated so as to prevent injuries. (1985 (Reg. Sess., 1986), c. 990, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.2 - Scope.

§ 95-111.2. 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 amusement devices.
(b) This Article shall not apply to any device which does not normally require the supervision or services of an operator. (1985 (Reg. Sess., 1986), c. 990, s. 2; 1991, c. 178, s. 1; 2003-170, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.5 - Pre-opening inspection and test; records; revocation of certificate of operation.

§ 95-111.5. Pre-opening inspection and test; records; revocation of certificate of operation.
(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 to the provisions of this Article, or his authorized agent, is hereby required to maintain for at least the previous 12 months a signed record of the required pre-opening inspection and test and such other pertinent information as the Commissioner may require by rule or regulation.
(c) The Commissioner is hereby empowered to revoke the certificate of operation for any device regulated by this Article upon failure by the owner or his authorized agent to make the required pre-opening inspection and test or to maintain the required record. (1985 (Reg. Sess., 1986), c. 990, s. 2; 2003-170, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.6 - Noncomplying devices; appeal.

§ 95-111.6. Noncomplying devices; appeal.
(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 that the use of the device be stopped or limited until such time as he determines that the device has been made safe for use by the public.
(b) Whenever the Commissioner determines that the provisions of this Article or the rules and regulations promulgated thereunder have not been complied with, he may refuse to issue or renew or may revoke, suspend or amend a certificate of operation.
(c) Any action taken under this section by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person against whom such action was taken takes exception to the determination, in which event the final determination of the action shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act. (1985 (Reg. Sess., 1986), c. 990, s. 2; 2015-221, s. 1.6.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.7 - Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate.

§ 95-111.7. 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 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 than in accordance with this Article and the rules and regulations promulgated thereunder.
(c) No person shall operate or permit to be operated or use any device subject to the provisions of this Article after the Commissioner has refused to issue or has revoked the certificate of operation for such device. (1985 (Reg. Sess., 1986), c. 990, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.8 - Location notice.

§ 95-111.8. Location notice.
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 the public. Written notice of a planned schedule of operation or use shall be received at least 10 working days prior to the first planned date of operation or use. (1985 (Reg. Sess., 1986), c. 990, s. 2; 2003-170, s. 3; 2011-366, s. 6.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.9 - Operation of unsafe device.

§ 95-111.9. Operation of unsafe device.
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 property damage. (1985 (Reg. Sess., 1986), c. 990, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.10 - Reports required.

§ 95-111.10. Reports required.
(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, other than first aid, by a physician. First aid means the one time treatment or observation of scratches, cuts not requiring stitches, burns, splinters and contusions or a diagnostic procedure, including examination and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel; or
(2) The occurrence results in damage to the device indicating a substantial defect in design, mechanics, structure or equipment, affecting the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b) The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(c) No person, following an occurrence as specified in subsection (a), shall operate, attempt to operate, use or move or attempt to move such device or part thereof, without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(d) No person, following an occurrence as specified in subsection (a), shall remove or attempt to remove from the premises any damaged or undamaged part of such device or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The department must initiate its investigation within 24 hours of being notified. (1985 (Reg. Sess., 1986), c. 990, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 14B - Amusement Device Safety Act of North Carolina. › § 95-111.11 - Operators; waterslide dispatchers.

§ 95-111.11. Operators; waterslide dispatchers.
(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 any amusement device equipment while under the influence of alcohol or any other impairing substance as defined by G.S. 20-4.01(14a). It shall be a violation of this subsection to knowingly permit the operation of any amusement device while the operator is under the influence of an impairing substance.
(c) Any waterslide dispatcher shall be at least 16 years of age. (1985 (Reg. Sess., 1986), c. 990, s. 2; 2003-170, s. 4; 2022-75, s. 13(b).)