WESTON'S LAW. (NEW)

View NCGA Bill Details2021
House Bill 619 (Public) Filed Tuesday, April 20, 2021
AN ACT IMPOSING SAFETY REQUIREMENTS FOR ELEVATORS IN CERTAIN RESIDENTIAL RENTAL ACCOMMODATIONS, AND DIRECTING THE BUILDING CODE COUNCIL TO AMEND THE STATE BUILDING CODE.
Intro. by Moffitt, Richardson, Setzer, Winslow.

Status: Ch. SL 2022-56 (Jul 8 2022)

SOG comments (3):

long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO PROVIDE A SALES TAX EXEMPTION FOR EQUIPMENT, MACHINERY, AND SUPPLIES USED IN CREATING CERTAIN TYPES OF ALCOHOLIC BEVERAGES.

Long title change

Senate committee substitute to the 2nd edition changed the long title. Previous title was AN ACT TO PROVIDE A SALES TAX EXEMPTION TO ABC PERMITTEES FOR PURCHASES OF EQUIPMENT, MACHINERY, SUPPLIES, AND INGREDIENTS USED TO MANUFACTURE CERTAIN TYPES OF ALCOHOLIC BEVERAGES.

Long title change

Senate amendment to the 3rd edition changed the long title. Previous title was AN ACT AMENDING THE ELEVATOR SAFETY ACT OF NORTH CAROLINA RELATING TO ELEVATOR DEVICES AND EQUIPMENT USED IN A PRIVATE RESIDENCE, COTTAGE, OR SIMILAR ACCOMMODATION SUBJECT TO TAXATION UNDER G.S. 105-164.4F.

Bill History:

H 619/S.L. 2022-56

Bill Summaries:

  • Summary date: Jul 26 2022 - More information

    AN ACT IMPOSING SAFETY REQUIREMENTS FOR ELEVATORS IN CERTAIN RESIDENTIAL RENTAL ACCOMMODATIONS, AND DIRECTING THE BUILDING CODE COUNCIL TO AMEND THE STATE BUILDING CODE. SL 2022-56. Enacted July 8, 2022. Sections 1, 2, and 3 are effective October 1, 2022. The remainder is effective July 8, 2022.


  • Summary date: Jun 21 2022 - More information

    Senate amendment makes the following changes to the 3rd edition.

    Eliminates the proposed changes to the scope of the Elevator Safety Act, Article 14A of GS Chapter 95. Eliminates the proposed changes to GS 95-110.8, establishing requirements for elevators in a private residence, cottage, or similar accommodation subject to taxation of rental accommodations under GS 105-164.4F.

    Instead enacts a new statute, GS 143-143.7, establishing substantively identical requirements as those previously proposed to GS 95-110.8, with the following changes. Creates requirements for elevators in a private residence, cottage, or similar accommodation subject to taxation of rental accommodations under GS 105-164.4F relating to (1) the gap between the hoistway face of the landing door and the hoistway face of the car door and (2) doors and gates, based on whether the doors are horizontal sliding or folding. Mandates that the landlord prevent operation of an elevator which does not comply with the established requirements until the elevator meets certain corrective criteria, as applicable depending on which requirement is not being met, such as installing a nonremovable space guard or door baffle, or replacing an unsatisfactory door (previously, mandated the property owner disconnect the power to the elevator and prevent its operation until the property owner has complied with the specified requirements). Makes violations punishable as a Class 2 misdemeanor. Requires the landlord to provide the Commissioner of Insurance (was, Commissioner of Labor) with documentation verifying compliance in one of two permitted forms stated. Now includes a definition for elevator.

    Amends GS 42-42 and GS 42A-31 to require landlords of residential properties and landlords of residential vacation properties to comply with all applicable elevator safety requirements set forth in new GS 143-143.7.

    Makes the above changes effective October 1, 2022.

    Now directs the NC Building Code to adopt rules to amend Section R321 of the State Building Code that are consistent with 2016 ASME A17.1 sections 5.3.1.8.2 and 5.3.1.8.3 and the provisions of GS 143-143.7(a) and (b), as enacted by this act. Makes the directive effective on the date the act becomes law (was, October 1, 2022).

    Changes the act's long title. 


  • Summary date: Jun 14 2022 - More information

    Senate committee substitute replaces the 2nd edition with the following. 

    Regarding the scope of the Elevator Safety Act, Article 14A of GS Chapter 95, defines single family residence to specify the use of the term in GS 95-110.2, which excludes devices and equipment located and operated in a single-family residence from the scope of the Act. Defines single family residence to exclude private residences, cottages, or similar accommodations subject to the taxation of rental accommodations under GS 105-164.4F. 

    Amends GS 95-110.8 to establish requirements for elevators in a private residence, cottage, or similar accommodation subject to taxation of rental accommodations under GS 105-164.4F relating to (1) the gap between the hoistway face of the landing door and the hoistway face of the car door and (2) doors and gates, based on whether the doors are horizontal sliding or folding. Mandates that the property owner disconnect the power to an elevator which does not comply with the established requirements until the owner can comply with listed actions, as applicable depending on which requirement is not being met, such as installing a nonremovable space guard or door baffle, or replacing an unsatisfactory door, and provide the Commissioner of Labor with documentation verifying compliance in one of two permitted forms stated, to be maintained by the Elevator and Amusement Device Division. 

    Directs the NC Building Code to adopt rules to amend Section R321 of the State Building Code that are inconsistent with 2016 ASME 44 A17.1 sections 5.3.1.8.2 and 5.3.1.8.3 and substantively identical to the provisions of GS 95-110.8(b), as enacted by this act.

    Effective October 1, 2022.

    Changes the act's titles. 


  • Summary date: Jun 24 2021 - More information

    House committee substitute to the 1st edition makes the following changes. 

    Regarding the new sales tax exemption added to GS 105-164.13, clarifies that the exemption for sales of machinery, equipment, parts, and accessories for use (was, as used) in the manufacture of the previously specified items by specified ABC permittees also applies to supplies and ingredients used or consumed by the permittee in the manufacturing process only (was, supplies and ingredients used or consumed in the manufacture). Makes clarifying changes to the act's long title.


  • Summary date: Apr 20 2021 - More information

    Enacts a new sales tax exemption to GS 105-164.13 to exempt from sales tax sales of machinery, equipment, parts, and accessories used in the manufacture of the following specified items by the following specified permittees, as well as supplies and ingredients used or consumed in the manufacture: unfortified winery permittees for the manufacture of unfortified wine; fortified winery permittees for the manufacture of fortified wine; brewery permittees for the manufacture of malt beverages; and distillery permittees for the manufacture of spirituous liquor. Applies to sales made on or after July 1, 2021. 


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