reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0418 - EMERGENCY BRAKES AND ANTI-ROLLBACK DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
If cars or other components of an amusement device may
				  collide in such a way as to cause personal injuries upon failure of normal
				  controls, emergency brakes sufficient to prevent such collisions shall be
				  provided. On rides which make use of inclined tracks, automatic anti-rollback
				  devices shall be installed to prevent backward movement of the passenger
				  carrying units in case of failure of the propelling
				  mechanism.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0419 - SIGNAL SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
Signal systems for the starting and stopping of amusement
				  devices shall be provided where the operator of the device does not have a
				  clear view of the point at which passengers are loaded or unloaded. Any code of
				  signals adopted shall be printed and kept posted at both operator's and
				  signalman's stations. All persons who may use these signals shall be carefully
				  instructed in their use. Signals for the movement or operation of an amusement
				  device shall not be given until all passengers and other persons who may be
				  endangered are in a position of safety.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0420 - PUBLIC PROTECTION

Current through Register Vol. 39, No. 2, July 15, 2024
When fences are used to comply with this Rule, the
				  fences:
(1) shall be at least 42
				inches high; and
(2) shall not have
				horizontal mullions; and
(3) shall
				have mullions located to reject a ball:
(a)
				six inches in diameter if the fences are used for amusement devices
				manufactured before January 1, 1993; and
(b) four inches in diameter if the fences are
				used for amusement devices manufactured after January 1, 1993.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0421 - GUARDING OF MACHINERY

Current through Register Vol. 39, No. 2, July 15, 2024
Machinery used in or with an amusement device shall be
				  enclosed, barricaded or otherwise effectively guarded against contact. Guards
				  removed for maintenance purposes shall be replaced before normal operation is
				  resumed.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0422 - SPEED-LIMITING DEVICES REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
An amusement device powered so as to be capable of exceeding
				  its maximum safe operating speed shall be provided with a maximum
				  speed-limiting device.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0423 - PASSENGER-CARRYING DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The interior and exterior parts of all passenger-carrying
				  amusement devices with which a passenger may come in contact shall be smooth
				  and rounded, free from sharp, rough or splintered edges and corners, with no
				  protruding studs, bolts, screws or other projections which might cause injury.
				  Interior parts upon or against which a passenger may be forcibly thrown by the
				  action of the ride shall be adequately padded. Devices which are self-powered
				  and which are operated by a passenger shall have the driving mechanism so
				  guarded and the guards so locked in place as to prevent passengers from gaining
				  access to the mechanism. Such belts, bars, foot rests and other equipment as
				  may be necessary for safe entrance and exit and for support while the device is
				  in operation shall be provided. Such equipment and the fastenings thereof shall
				  be of sufficient strength to retain the passengers. The fastenings shall be of
				  a type which cannot be inadvertently released.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0424 - ELECTRICAL SAFETY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General
				Requirements. All electrical wiring, equipment and apparatus used for amusement
				devices or for lighting shall comply with the National Electrical Code, NFPA 70
				and shall be properly and legally installed, operated and maintained.
(1) Branch Circuits. The circuit for each
				ride shall be protected by fuses or a circuit breaker at the junction box or at
				the generator.
(2) Disconnecting
				Means. Each ride shall be provided with a main line disconnect switch or
				breaker. The disconnect switch or breaker shall be located at the ride. Each
				branch circuit on a ride shall be further provided with a disconnecting
				means.
(3) Conductors. Conductors
				supplying current to rides shall be of moisture resistant construction and
				insulated for the maximum voltage supplied to the ride.
(4) Grounding. Grounding of rides shall be by
				means of one or more grounding electrodes driven at the generator or other
				service. The grounding conductor to each junction box shall be of sufficient
				size to carry the maximum voltage generated by the system. Grounding conductors
				to each ride shall not be less than No. 8 awg. wire size.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0425 - AIR COMPRESSORS AND EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Air compressors, air compressor tanks and equipment used in
				  connection therewith shall be constructed, equipped and maintained to insure
				  safe operation at all times. They shall be inspected and tested at least once a
				  year by a qualified person and a record of each inspection shall be kept and
				  made available to the inspector. Air compressor tanks and other air receivers
				  used in connection with air compressors shall have the maximum allowable
				  working pressure conspicuously marked thereon.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0426 - FIRE PREVENTION AND PROTECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fire
				Resistance of Fabrics. Fabrics constituting part of an amusement device shall
				be fire-resistant to meet the following standard: Two strips or test sections
				either of the fabric used or of other fabric identical therewith shall be
				tested. Each strip shall be not less than six inches wide and 12 inches long.
				Each strip shall be thoroughly dry and shall then be subjected to an open flame
				applied to the lower edge while the strip is held vertically for 12 seconds.
				Neither strip shall flame for more than two seconds after the test flame is
				removed from contact nor shall the average length of char exceed 2-1/2 inches.
				Such a test is not required by this Section if other evidence of the required
				degree of fire resistance is accepted by the Commissioner as
				sufficient.
(b) Fire Extinguishers.
				Approved fire extinguishers shall be provided where necessary to secure
				reasonable and adequate protection from fire hazards.
(c) Flammable Waste. Flammable waste such as
				oily rags and other flammable materials shall be placed in a covered metal
				container which shall be kept in easily accessible locations. Such containers
				shall not be kept at or near exits.
(d) Flammable Liquids and Gases. Gasoline and
				other volatile liquids and flammable gases when stored shall be kept in
				reasonably cool and ventilated places. Such liquids shall be in approved safety
				cans. They shall not be stored on or near a device while it is in operation.
				Smoking and the carrying of lighted cigar, cigarettes or pipes is prohibited in
				any area where such liquids or gases are stored or are transferred from one
				container to another.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0427 - CLEANLINESS

Current through Register Vol. 39, No. 2, July 15, 2024
A suitable number of metal containers for refuse shall be
				  provided in and around all amusement devices. Excessive accumulations of trash
				  or rubbish shall be promptly removed. All parts of amusement devices used by
				  passengers or customers shall be maintained in a clean
				  condition.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0428 - SUBSTITUTE DEVICES AND PARTS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever the owner or operator of an amusement device desires
				  to install or use a substitute part or device which is not consistent with the
				  manufacturer's specifications, the owner or operator shall be responsible for
				  proving, to the satisfaction of the Director, that the use of the substitute
				  part or device is as safe as the use of the manufacturer's specified part or
				  device. The cost of all testing shall be borne by the owner or
				  operator.
Authority
				  G.S.
				  95-111.4;
Eff. August 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0430

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.1;
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0431

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0432

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0433

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0434

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0435

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0436

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0437

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0438

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-111.2;
				  95-111.4;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0400 - AMUSEMENT DEVICES › Section 15 .0440 - REGULATION OF WATERSLIDES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				classification, design, manufacture, construction, and operation of waterslides
				shall conform to the rules in this Section and the ASTM F 2376 - Standard
				Practice for Classification, Design, Manufacture, Construction, and Operation
				of Water Slide Systems, which is incorporated by reference. This incorporation
				includes subsequent amendments and editions of the Code.
(b) Copies of the ASTM F 2376 - Standard
				Practice for Classification, Design, Manufacture, Construction, and Operation
				of Water Slide Systems may be obtained from the American Society of Testing and
				Materials (ASTM), via U.S. Mail at 100 Barr Harbor Drive, West Conshohocken,
				Pennsylvania 19428-2959, via telephone at (610) 832-9585, or via the internet
				at www.astm.org. The cost is thirty-four dollars ($34.00) per copy.
Authority
				  G.S.
				  95-111.4(3);
Eff. December 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0500 - CIVIL MONEY PENALTIES › Section 15 .0501 - REPEALED - CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-110.5;
				  95-110.10;
				  95-111.4;
				  95-111.13;
Eff. August
				  1, 1987;
Repealed Eff. April 1,
				  2001.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0500 - CIVIL MONEY PENALTIES › Section 15 .0502 - EXCEPTIONS TO CIVIL PENALTY

Current through Register Vol. 39, No. 2, July 15, 2024
A civil penalty determination by the Commissioner is final
				  unless the person charged takes exception to the determination within 15 days
				  after receiving notice of the determination. As used in
				  G.S.
				  95-110.10 and this Subsection, "takes
				  exception to the determination" means commencing a contested case pursuant to
				  G.S 150B, Article 3 by filing a petition with the Office of Administrative
				  Hearings.
Authority
				  G.S.
				  95-110.5;
				  95-110.10;
				  95-111.4;
				  95-111.13;
Eff. August
				  1, 1987;
Amended Eff. April 1, 2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0500 - CIVIL MONEY PENALTIES › Section 15 .0503 - REFUSAL TO ISSUE CERTIFICATE OF OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner may refuse to issue a Certificate of
				  Operation for a device when the owner or operator of the device has received an
				  order to pay a civil penalty which has become a final order, but the penalty
				  remains unpaid.
Authority
				  G.S.
				  95-110.5;
				  95-110.6;
				  95-111.4;
				  95-111.6;
Eff.
				  February 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0600 - FORMS › Section 15 .0601-.0613

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-110.5;
				  95-111;
				  95-111.4;
				  95-118;
				  95-119;
				  95-121;
				  150B-11(1);
Eff. August 1, 1987;
Repealed Eff. April 1,
				  2001.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0701 - ELEVATOR, ESCALATOR, DUMBWAITER, AND SPECIAL EQUIPMENT INSTALLATION AND ALTERATION FEES SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Inspection fees for installation or alteration of elevators,
				  escalators, dumbwaiters, and special equipment shall be two hundred dollars
				  ($200.00) per unit. In the event that the installation or alteration inspection
				  cannot be completed on the initial visit, all follow up visits shall be charged
				  at two hundred dollars ($200.00) per visit per unit.
Authority
				  G.S.
				  95-107;
				  95-95-110.5(20);
Temporary Adoption Eff. October 17, 2001;
Eff. July 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0702 - ELEVATOR, ESCALATOR, DUMBWAITER, AND SPECIAL EQUIPMENT ANNUAL INSPECTION FEES SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Annual inspection fees for elevator, escalator, dumbwaiter,
				  and special equipment shall be as follows:
Equipment
Unit Fee
(1)
All dumbwaiters and handicapped lifts
$100.00
(2)
All hydraulic elevators, belt man lifts, escalators,
							 plus all elevators not identified as either hydraulic or traction and special
							 lifting devices
$200.00
(3)
Traction Elevators
(a) 1-10 Floors
$200.00
(b) Over 10 Floors
$200.00
Authority
				  G.S.
				  95-107;
				  95-110.5(20);
Temporary Adoption Eff. October 17, 2001;
Eff. July 1,
				  2003;
Amended Eff. September 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5, 2016;
Amended Eff.
				  December 1, 2020.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0703 - AMUSEMENT DEVICE INSPECTION FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Inspection fees for amusement devices shall be as follows:
Equipment
Unit Fee
Inspection Required
(1)
Rock Walls, portable
$100.00
Annually
(2)
Kiddie Rides (48 inch maximum height restriction)
$100.00
Every setup, except in permanent parks, which shall be inspected annually
(3)
Go Karts
$50.00
Every setup, except in permanent parks, which shall be inspected annually
(4)
Go Kart Tracks
$100.00
Every setup, except in permanent parks, which shall be inspected annually
(5)
Major Rides (any ride not otherwise listed herein)
$100.00
Every setup, Except in permanent parks, which shall be inspected annually
(6)
Roller Coasters
$250.00
Annually
(7)
Simulators, portable
$100.00
Every setup
(8)
Simulators, stationary
$100.00
Annually
(9)
Amusement Trains on fixed guidance systems, excluding steam engine locomotives
$100.00
Annually
(10)
Waterslides
$150.00
Annually
Authority
				  G.S.
				  95-107;
				  95-111.4(19);
Temporary Adoption Eff. October 17, 2001;
Eff. July 1,
				  2003;
Amended Eff. April 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5, 2016;
Amended Eff.
				  January 1, 2021.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0704 - SPECIAL AMUSEMENT DEVICE INSPECTION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the event
				that an inspection is scheduled and the amusement device operator or owner
				fails to have all amusement devices scheduled for inspection ready for
				inspection, any follow up inspection visits requested by the operator or owner
				shall be charged at two hundred fifty dollars ($250.00) per amusement device,
				notwithstanding the provisions of
				13 NCAC
				15 .0703.
(b) All inspections conducted outside normal
				business hours for the North Carolina Department of Labor (7:00 a.m. to 7:00
				p.m. Monday through Friday, exclusive of State government holidays) shall be
				charged at the rate of two hundred fifty dollars ($250.00) per inspection, plus
				the amusement device inspection fee, notwithstanding the provisions of
				13 NCAC
				15 .0703, however, in no instance may the
				total fee assessed exceed an aggregate of two hundred fifty dollars ($250.00)
				for each device inspected.
Authority
				  G.S.
				  95-107;
				  95-111.4(19);
Temporary Adoption Eff. October 17, 2001;
Eff. July 1,
				  2003;
Amended Eff. January 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0705 - PASSENGER TRAMWAY INSPECTION FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Inspection fees for all passenger tramway devices shall be
				  one hundred thirty-seven dollars ($137.00).
Authority
				  G.S.
				  95-107;
				  95-120(9);
				  95-121;
Emergency
				  Adoption Eff. September 19, 2005;
Emergency Adoption Expired Eff.
				  January 1, 2006;
Eff. May 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5, 2016;
Amended Eff.
				  January 1, 2021.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 15 - ELEVATOR AND AMUSEMENT DEVICE DIVISION › Section .0700 - FEES › Section 15 .0706 - ELEVATOR CERTIFICATE OF OPERATION REISSUANCE FEE

Current through Register Vol. 39, No. 2, July 15, 2024
If a certificate of operation is revoked pursuant to
				  13 NCAC
				  15 .0306, a reissuance fee of two hundred
				  dollars ($200.00) shall be paid, in addition to all overdue inspection fees,
				  prior to reissuance of the certificate of operation.
Authority
				  G.S.
				  95-107;
				  95-110.5;
				  95-110.6;
Eff. July 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0100 - GENERAL › Section 16 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Chapter sets forth the rules of procedure for
				  implementing G.S. 95, Article 19, Migrant Housing Act of North
				  Carolina.
Authority
				  G.S.
				  95-4(2);
				  95-222;
				  95-224;
				  95-227;
Eff. June 1,
				  1991;
Amended Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0100 - GENERAL › Section 16 .0102 - REPEALED - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-227;
				  150B-11;
Eff. June
				  1, 1991;
Repealed Eff. July 1,
				  1998.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0100 - GENERAL › Section 16 .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The term "Department" shall mean the Department of Labor of
				  North Carolina.
Authority
				  G.S.
				  95-4(2);
Eff.
				  July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0200 - INSPECTIONS › Section 16 .0201 - PREOCCUPANCY INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Following the filing of an "application for inspection" by an operator, the
				Department shall contact the operator, at which time, the Department shall
				provide information regarding the inspection of the migrant housing
				facility.
(b) During an inspection,
				the Commissioner or assigned designees may take measurements, samples,
				photographs, videos, conduct interviews or employ other reasonable
				investigative techniques.
(c) The
				migrant housing operator or representative shall be afforded an opportunity to
				provide pertinent information regarding conditions in the housing.
(d) At the conclusion of an inspection, the
				Commissioner or assigned designees shall provide a written statement of any
				identified health or safety violation(s) to the migrant housing operator or
				representative.
Authority
				  G.S.
				  95-4(2);
				  95-226;
				  95-227;
Eff. June 1,
				  1991;
Amended Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0200 - INSPECTIONS › Section 16 .0202 - MIGRANT HOUSING CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If no
				violations are identified during the preoccupancy inspection, the Department
				shall issue a migrant housing certificate to the operator.
(b) Upon notification of any violations, the
				operator shall correct the violation(s) and so certify on the form supplied by
				the Department. The operator shall provide any access or information requested
				by the Department to verify that the identified violations have been abated.
				When the violative conditions are corrected, the Department shall issue a
				migrant housing certificate to the operator.
(c) Except as provided in
				G.S.
				95-226(d) and (e), no
				migrant housing shall be occupied prior to the receipt and posting, in a place
				accessible to all migrants, of a migrant housing certificate.
Authority
				  G.S.
				  95-4(2);
				  95-136(g);
				  95-226;
				  95-227;
Eff. June 1,
				  1991;
Amended Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0200 - INSPECTIONS › Section 16 .0203-.0208

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-136(g);
				  95-226;
				  95-227;
				  150B-23;
Eff. June
				  1, 1991;
Repealed Eff. July 1,
				  1998.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0300 - PROVISIONAL OCCUPANCY › Section 16 .0301-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-136(g);
				  95-225;
				  95-226;
				  95-227;
				  130A-337;
Eff. June
				  1, 1991;
Repealed Eff. July 1,
				  1998.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0400 - ENFORCEMENT › Section 16 .0401 - ENFORCEMENT INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Enforcement inspections shall be conducted in accordance with
				  G.S.
				  95-227 and applicable
				  13 NCAC
				  07 rules.
Authority
				  G.S.
				  95-4(2);
				  95-227;
Eff. July 1,
				  1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0400 - ENFORCEMENT › Section 16 .0402 - CITATIONS AND PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
				  G.S.
				  95-227, citations and penalties for violating
				  the provisions of this Chapter or G.S. 95, Article 19 shall be issued in
				  accordance with
				  G.S.
				  95-137 and G.S. 138(a).
Authority
				  G.S.
				  95-4(2);
				  95-227;
Eff. July 1,
				  1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0500 - APPEALS › Section 16 .0501 - APPEALING NON-ISSUANCE OF A MIGRANT HOUSING CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
An operator who is denied a migrant housing certificate
				  requested pursuant to
				  G.S.
				  95-226 may, within 15 days of the denial,
				  request that the Commissioner, or his designee, review the decision. The
				  Commissioner's decision may be appealed in accordance with Article 3 of G.S.
				  150B.
Authority
				  G.S.
				  95-4(2);
				  95-227;
Eff. July 1,
				  1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 16 - MIGRANT HOUSING › Section .0500 - APPEALS › Section 16 .0502 - APPEALING VIOLATIONS OF THIS CHAPTER AND/OR G.S. 95, ARTICLE 19

Current through Register Vol. 39, No. 2, July 15, 2024
Citations and penalties issued pursuant to this Chapter may
				  be contested in accordance with
				  G.S.
				  95-137 as provided in
				  G.S.
				  95-227.
Authority
				  G.S.
				  95-4(2);
				  95-227;
Eff. July 1,
				  1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0102 - LICENSING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				application for a private personnel service license shall be made on forms
				prescribed and furnished by the Commissioner and shall contain the following
				information in addition to the information required by
				G.S.
				95-47.2:
(1)
				The proposed mailing address, and telephone number of the private personnel
				service;
(2) Four personal or
				business references who are not related to or currently employed by the
				applicant;
(3) Whether the private
				personnel service will be affiliated in any way with a loan agency or
				collection agency;
(4) Whether the
				private personnel service will operate under a franchise agreement;
(5) Whether the applicant, owner, officer,
				director or manager ever made an application for a license to operate a private
				personnel service in North Carolina or elsewhere;
(6) Whether the applicant, owner, officer,
				director or manager ever had a license revoked, suspended, or refused, or has
				been subjected to any disciplinary action by any governmental body;
(7) Whether the applicant, owner, officer,
				director or manager has ever been convicted of a crime other than parking
				violations and misdemeanor traffic offenses;
(8) Whether the applicant, owner, officer,
				director or manager of the service has any additional ownership investment
				interest in other businesses;
(9)
				The name and address of a newspaper of general circulation in the area where
				the applicant now resides;
(10) A
				copy of all contracts and forms to be used with applicants;
(11) A copy of the fee schedule and a copy of
				the refund policy (if applicable) used with persons seeking employment and
				employers;
(12) If the applicant is
				a corporation, a copy of the Articles of Incorporation;
(13) If the applicant is a partnership, a
				copy of the Partnership Agreement;
(14) The Surety Bond required by
				G.S.
				95-47.2(j); and
(15) Any other names, aliases, assumed
				business names, trade names, or doing business as ("DBA") names under which
				each applicant has operated.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0103 - DURATION AND RENEWAL OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Period
				Issued. A license to operate a private personnel service shall be valid for one
				year from the date of issuance, which is the date that appears on the actual
				license.
(b) Renewal:
(1) At least 60 days prior to the date of
				expiration, the Commissioner shall notify each licensee in writing of the
				expiration of the license.
(2)
				Renewal applications, completed on a form provided by the Private Personnel
				Service Office, shall be submitted to the Private Personnel Service Office at
				least 30 days prior to the expiration date of the license. The renewal
				application shall be executed before a notary public and shall include all
				material changes in the operation of the private personnel service from the
				latest application for licensure or renewal or shall certify that no such
				changes have occurred.
(3) The
				Commissioner shall deny the application for renewal of license if any grounds
				exist that would have caused denial of the original license application or if
				the private personnel service has any unrectified violations of G.S. 95,
				Article 5A or the rules in this Section.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0104 - CHANGE OF PRIVATE PERSONNEL SERVICE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Change of
				Private Personnel Service Name:
(1) Licensees
				desiring to change the name of their private personnel service must give the
				Commissioner 30 days advance written notice.
(2) In addition, the licensee must obtain a
				rider to the surety bond showing the new name and submit it to the Division
				before the new name can become final.
(3) In addition, when a change in name
				requires a new filing of an assumed business name, a copy of the new filing
				must be provided to the Commissioner before the new name can become
				final.
(4) A change in the name
				does not require a new license, only an amendment to the current
				license.
(5) After completion of
				the requirements in this Paragraph, the licensee shall return his current
				license to the Division for such amendment and reissuance.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0105 - FEE REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule addresses requests for fee reimbursement by an
				  applicant who accepts employment, the compensation for which is based, in whole
				  or in part, on commission and who pays a fee based on the commission-based
				  earnings.
(1) Complaints Against
				Employers:
(a) Filing the Complaint. Any
				applicant using a private personnel service desiring to file a complaint
				involving a fee reimbursement from an employer in accordance with
				G.S.
				95-47.3A(a) shall file a
				written complaint with the Commissioner, signed before a notary public. The
				complaint shall be filed either within 60 days of the date last employed or
				after one year of employment, whichever is earlier.
(b) Contents of the Complaint. The complaint
				shall state the name and address of the employer complained against, the
				licensee's name and address, and shall fully detail the nature of the
				complaint.
(c) Copy of Complaint to
				Employer. When a complaint is filed, the Commissioner shall serve a copy of the
				complaint upon the employer complained against either personally, by certified
				mail, by overnight express, or faxed as long as the employer acknowledges
				receipt. Likewise, the Commissioner shall send a copy of the complaint by the
				same means to the licensee responsible for making the placement. The employer
				and the licensee shall respond to the complaint within 10 days of the receipt
				of the complaint. The response shall include copies of all written receipts and
				agreements which either the employer or the licensee has in its possession
				concerning the particular complaint and other material as requested by the
				Division.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0106 - JOB ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Bona Fide Job
				Order Required. No private personnel service shall offer or hold itself out as
				being able to secure a specific position of employment for an applicant without
				having a bona fide job order. A bona fide job order is one which:
(1) Is recorded on a form;
(2) Contains, at a minimum, the following:
(A) Name and title of the person
				communicating the job order to the private personnel service;
(B) Date recorded or last verified, whichever
				is most recent;
(C) Name and
				address of the employer;
(D) Job
				title and requirements;
(E) Wages
				or salary, including any bonus that is included in the stated anticipated
				annual earnings;
(F) Anticipated
				hours worked;
(G) Any compensation
				that is based on commission;
(H)
				Whether it is the applicant or the employer that is responsible for the
				placement fee; and
(I) Name of the
				person recording the job order.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0107 - CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Types of
				Contracts. There must be a contract for any service if a fee is charged to the
				applicant. An applicant may enter into either or both of the following types of
				contracts with a private personnel service:
(1) A contract for employment placement with
				payment of a fee contingent on acceptance of employment;
(2) A fee contract for services including,
				but not limited to, career and occupational counseling, resume and letter
				writing, networking assistance, interviewing techniques, job prospecting and
				salary negotiations.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0108 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Job Orders or
				Job Specifications. Every private personnel service shall maintain records of
				job orders or job specifications for two years from the date on which the job
				order was last verified.
(b)
				Licensees Going Out of Business. If a licensee goes out of business records
				must be maintained pursuant to this Rule. Those records must be available to
				the Commissioner and the licensee must inform the Commissioner in writing as to
				where its records will be kept.
Authority
				  G.S.
				  95-47.5;
				  95-47.9;
Eff. February
				  27, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0109 - ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Bona Fide Job
				Order Required. No licensee shall publish or cause to be published any
				advertisement soliciting persons to register for a specific job unless the
				licensee has on file a bona fide job order covering all known conditions of
				employment set forth in the advertisement.
(b) False or Misleading Advertisements. No
				licensee shall circulate any false or misleading information by advertisements
				or make any statements known to be false to any applicant or
				employer.
(c) Advertising of
				Salaries. All salaries, where the dollar amount is advertised, must be
				substantiated by the job order.
Authority
				  G.S.
				  95-47.6;
				  95-47.9;
Eff. February
				  27, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0110 - PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
A private personnel service shall not engage in any of the
				  following activities or conduct:
(1)
				Accept an advance fee from an applicant for any of its services;
(2) Coerce an applicant into accepting
				employment by applying or using duress, undue influence, fraud or
				misrepresentation.
Authority
				  G.S.
				  95-47.6;
				  95-47.9;
Eff. February
				  27, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0111 - PENALTY

Current through Register Vol. 39, No. 2, July 15, 2024
Any fine levied pursuant to
				  G.S.
				  95-47.9(d) shall be in the
				  amount of two hundred and fifty dollars ($250.00).
Authority
				  G.S.
				  95-47.9;
Eff. February 27,
				  1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0200 - GENERAL PROVISIONS › Section 17 .0201 - ACCEPTING FEES FROM APPLICANT AND EMPLOYER

Current through Register Vol. 39, No. 2, July 15, 2024
If a private personnel service accepts a fee in a single
				  placement from both an applicant and an employer it shall disclose that fact
				  and the fact that it does not represent the applicant exclusively to the
				  applicant. The required disclosures shall be in writing.
Authority
				  G.S.
				  95-47.2;
				  95-47.6;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0200 - GENERAL PROVISIONS › Section 17 .0202 - ACTIVITIES OF BUSINESS CONSIDERED TO BE A PRIVATE PERSONNEL SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A business that engages in the activities
				below, and is not covered by
				G.S.
				95-47.1(16)a (16)f; shall be
				considered to be a private personnel service if it:
(1) operates in North Carolina;
(2) operates for profit or is a nonprofit
				business that charges a fee;
(3)
				holds, or may hold, the applicant liable for a direct or indirect fee to the
				business; and
(4) performs one of
				the following:
(A) secures employment for the
				applicant with any employer other than itself; or
(B) by any form of advertising, holds itself
				out to applicants as able to:
(i) secure
				employment with any employer other than itself; or
(ii) provide information or service of any
				kind purporting to promote, lead to, or result in employment for the applicant
				with an employer other than the business itself.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0200 - GENERAL PROVISIONS › Section 17 .0204 - REVIEW OF LICENSEE'S RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
In matters relating to complaints, licensure and
				  re-licensure, the license applicant or private personnel service shall permit
				  the Commissioner to inspect records required by G.S. 95, Article 5A and the
				  rules in this Chapter.
Authority
				  G.S.
				  95-47.2;
				  95-47.3A;
				  95-47.5;
				  95-47.6;
				  95-47.8;
				  95-47.9;
				  95-47.14;
				  95-47.15;
Eff. April
				  1, 2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0200 - GENERAL PROVISIONS › Section 17 .0205 - DISCLOSURE OF FINANCIAL RELATIONSHIPS

Current through Register Vol. 39, No. 2, July 15, 2024
Unless clearly disclosed in writing in advance, the private
				  personnel service shall not, directly or indirectly, receive a fee from a
				  collection agency (as defined in
				  G.S.
				  58-70-15) or a loan agency (as defined in
				  G.S.
				  105-88).
Authority:
				  G.S.
				  95-47.2;
				  95-47.3;
				  95-47.3A;
				  95-47.4;
				  95-47.6;
				  95-47.9;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.