North Carolina General Statutes 143-143.7. (Effective until June 30, 2024) Elevator safety requirements for certain residential rental accommodations
(a) Notwithstanding the requirements of N.C. Gen. Stat. § 143-139(d), any elevator in a private residence, cottage, or similar accommodation subject to taxation under N.C. Gen. Stat. § 105-164.4F shall meet the following requirements:
(1) The gap between the hoistway face of the landing door and the hoistway face of the car door shall not exceed 4 inches.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 60 days | up to $1,000 |
Terms Used In North Carolina General Statutes 143-143.7
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) Elevator doors or gates shall meet the following requirements:
a. Horizontal sliding car doors and gates shall be designed and installed to withstand a force of 75 pounds applied horizontally on an area 4 inches by 4 inches at right angles to and at any location on the car door when fully closed without permanent deformation, without exceeding a deflection of three-quarters of an inch, and without displacing the door or gate from its guides or tracks.
b. Folding car doors shall be designed and installed to withstand a force of 75 pounds applied horizontally using a 4-inch diameter sphere at any location within the folds of the door without permanent deformation, without exceeding a deflection of three-quarters of an inch, and without displacing the door from its guides or tracks.
(b) If any property subject to this section has an elevator that does not comply with subsection (a) of this section, the landlord shall prevent the operation of the elevator until the elevator has been brought into compliance by meeting the following requirements:
(1) If the elevator does not comply with subdivision (1) of subsection (a) of this section, then the landlord shall install a hoistway door space guard, a full height door baffle, or a door baffle that is at least 31.75 inches in height, each of which shall be nonremovable and shall be designed and installed to withstand a force of 75 pounds applied horizontally using a 4-inch diameter sphere at any location without permanent deformation.
(2) If the elevator door or gate does not comply with subdivision (2) of subsection (a) of this section, then the landlord shall replace it with a door or gate that complies with subdivision (2) of subsection (a) of this section.
(c) Upon installation of a door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section, the landlord shall provide the Commissioner of Insurance with one of the following:
(1) A statement signed by a professional elevator installer certifying installation of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section.
(2) A receipt for purchase of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section, a signed statement by the landlord stating the date of installation, and photographs depicting the door baffle, door space guard, door, or gate as installed.
(d) For purposes of this section, “elevator” means a hoisting and lowering mechanism equipped with a car or platform which moves in guides, and which serves two or more floors of a building or structure.
(e) Any person who violates subsection (b) of this section by permitting the continued operation of an elevator that does not comply with subsection (a) of this section shall be guilty of a Class 2 misdemeanor. (2022-56, s. 1.)
§ 143-143.7. (Effective until January 1, 2025) Elevator safety requirements for certain residential rental accommodations.
(a) Notwithstanding the requirements of N.C. Gen. Stat. § 143-139(d), any elevator in a private residence, cottage, or similar accommodation subject to taxation under N.C. Gen. Stat. § 105-164.4F shall meet the following requirements:
(1) The gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door as well as the door of the car or gate itself must meet the following requirements:
a. Horizontal sliding car doors and gates shall be designed and installed such that the total of the gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door or gate, after the car door or gate has been subject to a force of 75 pounds applied horizontally on an area four inches by four inches at right angles to and at any location on the car door or gate when fully closed, shall be no more than four and three-quarters inches.
b. Folding car doors shall be designed and installed such that the total of the gap between the hoistway face of landing door, the door space guard, or the door baffle and the hoistway face of the car door, after the car door has been subject to a force of 75 pounds applied horizontally using a four-inch diameter sphere at any location within the folds of the door when fully closed, shall be no more than four and three-quarters inches.
c. When the same 75-pound force is applied in the same manner to the horizontal sliding car door or gate or to the folding car door, there shall be no permanent deformation of the door or gate and the door or gate shall not be displaced from its guides or tracks.
(2) Repealed by Session Laws 2023-68, s. 1, effective June 30, 2024.
(b) If any property subject to this section has an elevator that does not comply with subsection (a) of this section, the landlord shall prevent the operation of the elevator until the elevator has been brought into compliance by meeting the following requirements:
(1) If the elevator does not comply with sub-subdivision a. or b. of subdivision (1) of subsection (a) of this section, then the landlord shall install a hoistway door space guard, a full height door baffle, or a door baffle that is at least 31.75 inches in height, each of which shall be nonremovable and shall be designed and installed to withstand a force of 75 pounds applied horizontally using a four-inch diameter sphere at any location, until the maximum gap is in compliance with sub-subdivision a. or b. of subdivision (1) of subsection (a) of this section.
(2) If the elevator door or gate does not comply with sub-subdivision c. of subdivision (1) of subsection (a) of this section, then the landlord shall replace it with a door or gate that complies with sub-subdivision c. of subdivision (1) of subsection (a) of this section.
(c) Upon installation of a door baffle, door space guard, door, or gate meeting the requirements of subdivision (1) or (2) of subsection (b) of this section, the landlord shall provide the Commissioner of Insurance with one of the following:
(1) A statement signed by a professional elevator installer certifying installation of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section.
(2) A receipt for purchase of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section, a signed statement by the landlord stating the date of installation, and photographs depicting the door baffle, door space guard, door, or gate as installed.
(d) For purposes of this section, “elevator” means a hoisting and lowering mechanism equipped with a car or platform which moves in guides, and which serves two or more floors of a building or structure.
(e) Any person who violates subsection (b) of this section by permitting the continued operation of an elevator that does not comply with subsection (a) of this section shall be guilty of a Class 2 misdemeanor. (2022-56, s. 1; 2023-68, s. 1.)
§ 143-143.7. (Effective January 1, 2025) Elevator safety requirements for certain residential rental accommodations.
(a) Notwithstanding the requirements of N.C. Gen. Stat. § 143-139(d), any elevator in a private residence, cottage, or similar accommodation subject to taxation under N.C. Gen. Stat. § 105-164.4F shall meet the following requirements:
(1) The gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door as well as the door of the car or gate itself must meet the following requirements:
a. Horizontal sliding car doors and gates shall be designed and installed such that the total of the gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door or gate, after the car door or gate has been subject to a force of 75 pounds applied horizontally on an area four inches by four inches at right angles to and at any location on the car door or gate when fully closed, shall be no more than four and three-quarters inches.
b. Folding car doors shall be designed and installed such that the total of the gap between the hoistway face of landing door, the door space guard, or the door baffle and the hoistway face of the car door, after the car door has been subject to a force of 75 pounds applied horizontally using a four-inch diameter sphere at any location within the folds of the door when fully closed, shall be no more than four and three-quarters inches.
c. When the same 75-pound force is applied in the same manner to the horizontal sliding car door or gate or to the folding car door, there shall be no permanent deformation of the door or gate and the door or gate shall not be displaced from its guides or tracks.
(2) Repealed by Session Laws 2023-68, s. 1, effective June 30, 2024.
(b) If any property subject to this section has an elevator that does not comply with subsection (a) of this section, the landlord shall prevent the operation of the elevator until the elevator has been brought into compliance by meeting the following requirements:
(1) If the elevator does not comply with sub-subdivision a. or b. of subdivision (1) of subsection (a) of this section, then the landlord shall install a hoistway door space guard, a full height door baffle, or a door baffle that is at least 31.75 inches in height, each of which shall be nonremovable and shall be designed and installed to withstand a force of 75 pounds applied horizontally using a four-inch diameter sphere at any location, until the maximum gap is in compliance with sub-subdivision a. or b. of subdivision (1) of subsection (a) of this section.
(2) If the elevator door or gate does not comply with sub-subdivision c. of subdivision (1) of subsection (a) of this section, then the landlord shall replace it with a door or gate that complies with sub-subdivision c. of subdivision (1) of subsection (a) of this section.
(c) Upon installation of a door baffle, door space guard, door, or gate meeting the requirements of subdivision (1) or (2) of subsection (b) of this section, the landlord shall provide the Commissioner of Insurance with one of the following:
(1) A statement signed by a professional elevator installer certifying installation of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section.
(2) A receipt for purchase of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section, a signed statement by the landlord stating the date of installation, and photographs depicting the door baffle, door space guard, door, or gate as installed.
(d) For purposes of this section, “elevator” means a hoisting and lowering mechanism equipped with a car or platform which moves in guides, and which serves two or more floors of a building or structure.
(e) Any person who violates subsection (b) of this section by permitting the continued operation of an elevator that does not comply with subsection (a) of this section shall be guilty of a Class 2 misdemeanor. (2022-56, s. 1; 2023-68, s. 1.)