§ 95-111.4. Powers and duties of Commissioner. - North Carolina Statutes

§ 95‑111.4.  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 amusement devices;

(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 subject to the provisions of this Article. The rules andregulations promulgated pursuant to this rulemaking authority shall conformwith good engineering and safety standards, formulas and practices;

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

(5)        To inspect and havetested for acceptance all new and relocated devices subject to the provisionsof this Article. Relocated amusement devices shall be inspected upon reassemblyat each new location within this State; provided that the Commissioner may providefor less frequent inspections when he determines that the device is of such atype and its use is of such a nature that inspection less often than upon eachreassembly would not expose the public to an unsafe condition likely to resultin serious personal injury or property damage;

(6)        To inspect amusementdevices which have been substantially rebuilt or substantially modified so asto change the original action, structure or capacity of the device;

(7)        To make maintenanceand periodic inspections and tests of all devices subject to the provisions ofthis Article. Devices located in amusement parks shall be inspected at leastonce annually;

(8)        To issuecertificates of operation which certify for use such devices as are found to bein compliance with this Article and the rules and regulations promulgatedthereunder;

(9)        To have reasonableaccess, with or without notice, to the devices subject to the provisions ofthis Article during reasonable hours, for purposes of inspection or testing;

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

(11)      To investigateaccidents involving devices subject to the provisions of this Article todetermine the cause of such accident, and he shall have full subpoena powers inconducting such investigation;

(12)      To instituteproceedings in the civil courts of this State, when a provision of this Articleor the rules and regulations promulgated thereunder has been violated;

(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 thatbefore any device subject to the provisions of this Article is erected in thisState, or before any additions or alterations which substantially change suchdevice are made, or before the physical spacing between such devices ischanged, the owner or his authorized agent shall file with the Commissioner awritten notice of his intention to do so and the type of device involved.Should circumstances necessitate, the Commissioner may require that such owneror his authorized agent furnish a copy of the plans, diagrams, specificationsor stress analyses of such device before the inspection of same. When suchplans, diagrams, specifications or stress analyses are requested by theCommissioner, he shall review them within 10 days of receipt, and uponapproval, he shall authorize the device for use by the public;

(16)      To prohibit the useof any device subject to the provisions of this Article which is found uponinspection to expose the public to an unsafe condition likely to cause personalinjury or property damage. Such device shall be made operational only upon theCommissioner's determination that such device has been made safe;

(17)      To order the paymentof all civil penalties provided by this Article. The clear proceeds of fundscollected pursuant to a civil penalty order shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2; and

(18)      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.

(19)      To establish fees notto exceed two hundred fifty dollars ($250.00) for the inspection and issuanceof certificates of operation for devices subject to this Article that are inuse. (1985 (Reg.Sess., 1986), c. 990, s. 2; 1987, c. 635, s. 2; 1998‑215, s. 110; 2001‑427,s. 11(f).)