§ 95-110.5. Powers and duties of Commissioner. - North Carolina Statutes

§ 95‑110.5.  Powers andduties of Commissioner.

The Commissioner of Labor ishereby empowered:

(1)        To delegate to theDirector of the Elevator and Amusement Device Division such powers, duties andresponsibilities as the Commissioner determines will best serve the publicinterest in the safe operation of lifting devices and equipment;

(2)        To supervise theDirector of the Elevator and Amusement Device Division;

(3)        To adopt, modify, orrevoke such rules and regulations as are necessary for the purpose of carryingout the provisions of this Article including, but not limited to, thosegoverning the design, construction, installation, plans review, testing,inspection, certification, operation, use, maintenance, alteration andrelocation of devices and equipment subject to the provisions of this Article.The rules and regulations promulgated pursuant to this rulemaking authorityshall conform with good engineering practice as evidenced generally by the mostrecent editions of the American National Standard Safety Code for Elevators,Dumbwaiters, Escalators and Moving Walks, the National Electrical Code, theAmerican National Standard Safety Requirements for Personnel Hoists, theAmerican National Standard Safety Code for Manlifts, the American NationalStandard Safety Standard for Conveyors and Related Equipment and similar codespromulgated by agencies engaged in research concerning strength of material,safe design, and other factors bearing upon the safe operation of the devicesand equipment subject to the provisions of this Article. The rules andregulations may apply different standards to devices and equipment subject tothis Article depending upon their date of installation. The rules andregulations for special equipment shall not adopt specifically any portion ofthe American National Standard Safety Code for Elevators, Dumbwaiters,Escalators and Moving Walks to inclined and vertical reciprocating conveyors;

(4)        To enforce rules andregulations adopted under authority of this Article;

(5)        To inspect and havetested for acceptance all new, altered or relocated devices or equipmentsubject to the provisions of this Article;

(6)        To make maintenanceand periodic inspections and tests of all devices and equipment subject to theprovisions of this Article as often as every six months;

(7)        To issuecertificates of operation which certify for use such devices and equipment asare found to be in compliance with this Article and the rules and regulationspromulgated thereunder;

(8)        To have free access,with or without notice, to the devices and equipment subject to the provisionsof this Article, during reasonable hours, for purposes of inspection ortesting;

(9)        To obtain anAdministrative Search and Inspection Warrant in accordance with the provisionsof Article 4A of Chapter 15 of the General Statutes;

(10)      To investigateaccidents involving the devices and equipment subject to the provisions of thisArticle to determine the cause of such accident, and he shall have fullsubpoena powers in conducting such investigation;

(11)      To instituteproceedings in the civil or criminal courts of this State, when a provision ofthis Article or the rules and regulations promulgated thereunder has beenviolated;

(12)      To issue a limitedcertificate of operation for any device or equipment subject to the provisionsof this Article to allow the temporary or restricted use thereof;

(13)      To adopt, modify orrevoke rules and regulations governing the qualifications of inspectors;

(14)      To grant exceptionsfrom the requirements of the rules and regulations promulgated under authorityof this Article and to permit the use of other devices when such exceptions anduses will not expose the public to an unsafe condition likely to result inserious personal injury or property damage;

(15)      To require that aconstruction permit must be obtained from the Commissioner before any device orequipment subject to the provisions of this Article is installed, altered ormoved from one place to another and to require that the Commissioner must besupplied with whatever plans, diagrams or other data he deems necessary todetermine whether or not the proposed construction is in compliance with theprovisions of this Article and the rules and regulations promulgatedthereunder;

(16)      To prohibit the useof any device or equipment subject to the provisions of this Article which isfound upon inspection to expose the public to an unsafe condition likely tocause personal injury or property damage. Such device or equipment shall bemade operational only upon the Commissioner's determination that such device orequipment has been made safe;

(17)      To order the paymentof all civil penalties provided by this Article. Funds collected pursuant to acivil penalty order shall be deposited with the State Treasurer;

(18)      To require that anydevice or equipment subject to the provisions of this Article which has beenout‑of‑service and not continuously maintained for one or moreyears shall not be returned to service without first complying with all rulesand regulations governing existing installations; and

(19)      To coordinateenforcement and inspection activity relative to equipment, devices andoperations covered by this Article in order to minimize duplication ofliability or regulatory responsibility on the part of the employer or owner.

(20)      To establish fees notto exceed two hundred dollars ($200.00) for the inspection and issuance ofcertificates of operation for all devices and equipment subject to this Articleupon installation or alteration, for each follow‑up inspection, and forannual periodic inspections thereafter. (1985 (Reg. Sess., 1986), c. 990, s. 1; 1995, c. 217,s. 2; 2001‑427, s. 11(e).)