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HB 608

Safety Requirements for Elevators.

2023-2024 Session Introduced by Ed Goodwin and 3 co-sponsors

Requires certain residential rental elevators to meet door-gap safety limits; landlords must install guards or replace doors, halting use until compliant.

Signed by Gov. 6/30/2023
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Bill Summary · HB 608

Summary — HB 608 (SL 2023‑68): Safety Requirements for Elevators (North Carolina)

Status: Ratified by the NC General Assembly and signed by the Governor (Chapter SL 2023‑68).
Primary Sponsor: Rep. Goodwin.
Subject: Elevator safety for certain residential rental accommodations; amendments to State Building Code implementation.

Main purpose

To strengthen door‑and‑gap safety standards for elevators located in certain residential rental accommodations (e.g., private residences, cottages, similar units subject to taxation under G.S. 105‑164.4F), clarify enforcement, and direct the Building Code Council to align residential elevator/platform‑lift rules to specific ASME standards.

Key provisions

  • Scope — Applies to any elevator in a private residence, cottage, or similar rental accommodation covered by G.S. 105‑164.4F (i.e., certain short‑term/residential rental properties).

  • Gap limits and door strength (G.S. 143‑143.7):

    • The gap between the hoistway face (landing door, door space guard, or baffle) and the hoistway face of the car door must not exceed 4 inches under normal conditions.
    • Performance after force: horizontal sliding doors/gates and folding doors must, after being subjected to a 75‑pound horizontal force (applied on a 4"×4" area for sliding doors or a 4" diameter sphere for folding doors), maintain a maximum gap of 4.75 inches, exhibit no permanent deformation, not be displaced from guides/tracks, and not exceed a deflection of 3/4 inch.

  • Remedies for noncompliant elevators:

    • Landlord must prevent operation until compliance.
    • If gap or door strength limits are not met, landlord must install a nonremovable hoistway door space guard or a door baffle (minimum 31.75 inches high) designed to resist a 75‑pound horizontal force (4" diameter sphere).
    • If door/gate strength is inadequate, landlord must replace the door/gate with a compliant unit.

  • Documentation: After installation of required guards/baffles or replacement doors, landlord must submit to the Commissioner of Insurance either:

    • a certification signed by a professional elevator installer, or
    • a purchase receipt, a signed landlord statement of installation date, and photographs showing the installed device.

  • Enforcement and penalty: Allowing continued operation of a noncompliant elevator (per subsection (b)) is a Class 2 misdemeanor.

  • Building code alignment (Section 2):

    • Directs the NC Building Code Council and enforcement officials to follow rules consistent with ASME A17.1 (2016) §§5.3.1.8.2 and 5.3.1.8.3 for elevators and platform lifts under Section R321 of the 2018 NC Residential Code until the Council adopts conforming amendments.
    • The Council must adopt a rule substantively identical to the specified provisions; the rulemaking is given an expedited/limited‑review pathway and the statutory language sunsets when the Council’s rules take effect.

Who is affected

  • Landlords and property owners of covered residential rental accommodations with elevators (including short‑term rentals).
  • Tenants and guests (safety benefits).
  • Professional elevator installers/contractors and elevator manufacturers/suppliers.
  • NC Department of Insurance (receives documentation) and Code enforcement officials.
  • NC Building Code Council (required to adopt rules).

Timeline / Effective dates

  • Section 1 (the substantive elevator safety requirements) becomes effective June 30, 2024.
  • The remainder (including the directive to the Building Code Council) became effective when the act became law (upon signing); Section 2 remains in force until the Council’s rules become effective, at which point that statutory subsection sunsets.

Potential impacts

  • Safety: Raises minimum door/gap performance and provides interim measures (baffles/guards) to reduce entrapment and injury risk.
  • Compliance costs: Landlords may incur costs to install guards/baffles or replace doors/gates and may need professional installer certification and photographic documentation.
  • Operational impacts: Noncompliant elevators must be taken out of service until fixed, potentially affecting rental income/use.
  • Administrative: Increased workload for Building Code Council, code officials, and Commissioner of Insurance for rule adoption, inspections, certifications, and enforcement; misdemeanor penalties create criminal enforcement leverage.

For full statutory text, see G.S. 143‑143.7 and the enacted Session Law SL 2023‑68.

Compiled from official sources — confirm details with the bill’s official record.

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