Assembly Bill No. 387–Assemblymen de Braga, Chowning, Mortenson, Tiffany, Bache, McClain and Koivisto

March 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing general building contractors in certain counties. (BDR 54-1325)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to contractors; providing an exemption for general building contractors in certain counties from the requirement of obtaining a specialty license to perform plumbing and electrical work under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 624 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. A general building contractor who wishes to obtain an exemption

1-4 to perform plumbing and electrical work without a license for the

1-5 specialty must apply to the board for the exemption.

1-6 2. The board shall develop and make available a form upon which

1-7 the qualifications required to obtain an exemption may be submitted by

1-8 an applicant.

1-9 3. To qualify for an exemption, an applicant must:

1-10 (a) Be licensed as a general building contractor pursuant to the

1-11 provisions of this chapter;

1-12 (b) Have been licensed as a general building contractor in this state or

1-13 another state for at least 5 years during which he performed plumbing or

1-14 electrical work in connection with his work as a general building

1-15 contractor;

2-1 (c) List his qualifications on the form developed by the board and

2-2 submit the form to the board; and

2-3 (d) Sign the form under penalty of perjury.

2-4 4. The executive officer or his designee shall review the form and, if

2-5 he is satisfied that the applicant qualifies for an exemption pursuant to

2-6 this section, issue a certificate to the applicant which indicates that the

2-7 applicant may perform plumbing and electrical work without a license

2-8 for the specialty.

2-9 5. An exemption obtained pursuant to this section applies only to

2-10 plumbing or electrical work that is performed:

2-11 (a) In a county whose population is less than 100,000; and

2-12 (b) Pursuant to a contract in which:

2-13 (1) The general building contractor is a prime contractor; and

2-14 (2) The primary purpose is the construction or remodeling of a

2-15 building or structure classified as residential or small commercial by the

2-16 regulations of the board.

2-17 Sec. 2. NRS 624.215 is hereby amended to read as follows:

2-18 624.215 1. For the purpose of classification, the contracting business

2-19 includes the following branches:

2-20 (a) General engineering contracting.

2-21 (b) General building contracting.

2-22 (c) Specialty contracting.

2-23 General engineering contracting and general building contracting are

2-24 mutually exclusive branches.

2-25 2. A general engineering contractor is a contractor whose principal

2-26 contracting business is in connection with fixed works, including

2-27 irrigation, drainage, water supply, water power, flood control, harbors,

2-28 railroads, highways, tunnels, airports and airways, sewers and sewage

2-29 disposal systems, bridges, inland waterways, pipelines for transmission of

2-30 petroleum and other liquid or gaseous substances, refineries, chemical

2-31 plants and industrial plants requiring a specialized engineering knowledge

2-32 and skill, power plants, piers and foundations and structures or work

2-33 incidental thereto.

2-34 3. A general building contractor is a contractor whose principal

2-35 contracting business is in connection with the construction or remodeling

2-36 of buildings or structures for the support, shelter and enclosure of persons,

2-37 animals, chattels or movable property of any kind, requiring in their

2-38 construction the use of more than two unrelated building trades or crafts,

2-39 upon which he is a prime contractor and where the construction or

2-40 remodeling of a building is the primary purpose. Unless he holds the

2-41 appropriate specialty license, a general building contractor may only

2-42 contract to perform specialty contracting if he is a prime contractor on a

2-43 project. [A] Except as otherwise provided in section 1 of this act, a

3-1 general building contractor shall not perform specialty contracting in

3-2 plumbing, electrical, refrigeration and air conditioning or fire protection

3-3 without a license for the specialty. A person who exclusively constructs or

3-4 repairs mobile homes, manufactured homes or commercial coaches is not a

3-5 general building contractor.

3-6 4. A specialty contractor is a contractor whose operations as such are

3-7 the performance of construction work requiring special skill and whose

3-8 principal contracting business involves the use of specialized building

3-9 trades or crafts.

3-10 5. This section does not prevent the board from establishing,

3-11 broadening, limiting or otherwise effectuating classifications in a manner

3-12 consistent with established custom, usage and procedure found in the

3-13 building trades. The board is specifically prohibited from establishing

3-14 classifications in such a manner as to determine or limit craft jurisdictions.

3-15 Sec. 3. NRS 278.610 is hereby amended to read as follows:

3-16 278.610 1. Except as otherwise provided in subsection 3, after the

3-17 establishment of the position of building inspector and the filling of the

3-18 position as provided in NRS 278.570, it is unlawful to erect, construct,

3-19 reconstruct, alter or change the use of any building or other structure

3-20 within the territory covered by the building code or zoning regulations

3-21 without obtaining a building permit from the building inspector.

3-22 2. The building inspector shall not issue any permit unless the plans of

3-23 and for the proposed erection, construction, reconstruction, alteration or

3-24 use fully conform to all building code and zoning regulations then in

3-25 effect.

3-26 3. The provisions of subsection 1 do not apply to a school district to

3-27 which the state public works board has delegated its powers and duties

3-28 under NRS 393.110.

3-29 4. A building inspector shall not issue a building permit to a person

3-30 acting for another unless the applicant proves to the satisfaction of the

3-31 building inspector that he is licensed as a contractor for that work pursuant

3-32 to the provisions of NRS 624.230 to 624.320, inclusive [.] , and section 1

3-33 of this act.

3-34 Sec. 4. This act becomes effective on July 1, 1999.

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