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).

1-1 Section 1. NRS 338.180 is hereby amended to read as follows:

1-2 338.180 1. The legislature of the State of Nevada declares that:

1-16 (b) Certify a qualified person as an expert in accessible design.

2-1 3. All plans and specifications for the construction of public buildings

2-2 and facilities by the state or by a political subdivision, district, authority,

2-3 board or public corporation or entity of the state after July 1, 1973, must

2-4 provide facilities and features for the physically handicapped so that

2-5 buildings which are normally used by the public are constructed with

2-6 entrance ramps, toilet facilities, drinking fountains, doors and public

2-7 telephones accessible to and usable by the physically handicapped. Such

2-8 plans and specifications must be submitted before the commencement of

2-9 construction to the state public works board for review by an expert in

2-10 accessible design. Upon receipt of the plans and specifications, the expert

2-11 shall review the plans and specifications to determine whether they

2-12 comply with the applicable requirements of the Fair Housing Act, 42

2-13 U.S.C. §§ 3601 et seq., the Americans with Disabilities Act of 1990, 42

2-14 U.S.C. §§ 12101 et seq. and the Minimum Guidelines and Requirements

2-15 for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. If the plans and

2-16 specifications comply with the federal requirements, the expert shall

2-17 notify the state public works board of that compliance and provide his

2-18 written approval for the project to commence. The expert may physically

2-19 inspect the project during and after construction to ensure actual

2-20 compliance with the Fair Housing Act, the Americans with Disabilities

2-21 Act of 1990 and the Minimum Guidelines and Requirements for

2-22 Accessible Design. The state public works board may impose a

2-23 reasonable fee to cover the costs of the expert in reviewing plans and

2-24 specifications and conducting any necessary physical inspections of a

2-25 project.

2-26 4. All buildings and facilities must conform with the applicable

2-27 requirements of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., the

2-28 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. and

2-29 the Minimum [Federal] Guidelines and Requirements for Accessible

2-30 Design, [as issued by the United States Architectural and Transportation

2-31 Barriers Compliance Board in the Federal Register of January 16, 1981.]

2-32 36 C.F.R. §§ 1190.1 et seq.

2-33 Sec. 2. NRS 385.125 is hereby amended to read as follows:

2-34 385.125 1. The state board may adopt standard plans, designs and

2-43 specifications, the state board shall submit the plans, designs and

3-1 specifications to the state public works board . [, whose written approval

3-2 thereof must be obtained before any further consideration by the state

3-3 board.] The state public works board shall [ensure that the plans, designs

3-4 and specifications comply with all applicable requirements of the

3-5 Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 to 12213,

3-6 inclusive).] provide a copy of the plans, designs and specifications to an

3-7 expert in accessible design who is certified by the state public works

3-8 board pursuant to NRS 338.180. The expert shall review the plans,

3-9 designs and specifications to determine whether they comply with the

3-10 applicable requirements of the Americans with Disabilities Act of 1990,

3-11 42 U.S.C. §§ 12101 et seq., and the Minimum Guidelines and

3-12 Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. If the

3-13 plans, designs and specifications comply with the federal requirements,

3-14 the expert shall notify the state public works board of that compliance

3-15 and provide his written approval of the plans, designs and specifications.

3-16 The expert may physically inspect any project which is constructed

3-17 according to the plans, designs and specifications during and after

3-18 construction to ensure actual compliance with the Americans with

3-19 Disabilities Act of 1990 and the Minimum Guidelines and Requirements

3-20 for Accessible Design.

3-21 3. The state public works board may charge and collect and the state

3-22 board may pay a reasonable fee for the costs incurred by the state public

3-23 works [board in approving] in securing the approval of an expert in

3-24 accessible design of the standard plans, designs and specifications

3-25 submitted.

3-26 Sec. 3. NRS 393.110 is hereby amended to read as follows:

3-27 393.110 1. Except as otherwise provided in subsection 2:

3-43 project to commence. The expert may physically inspect the project

4-1 during and after construction to ensure actual compliance with the

4-2 Americans with Disabilities Act of 1990 and the Minimum Guidelines

4-3 and Requirements for Accessible Design. The state public works board is

4-4 authorized to charge and collect, and the board of trustees is authorized to

4-5 pay, a reasonable fee for the payment of any costs incurred by the state

4-6 public works board in securing the approval of an expert in accessible

4-7 design and qualified architects or engineers of the plans, designs and

4-8 specifications submitted by the board of trustees in compliance with the

4-9 provisions of this paragraph.

4-10 (b) Before letting any contract or contracts for any addition to or

4-11 alteration of an existing school building which involves structural systems,

4-12 or exiting, sanitary or fire protection facilities, the board of trustees of a

4-13 school district shall submit plans, designs and specifications therefor to

4-14 [and obtain the written approval of the plans, designs and specifications by]

4-15 the state public works board. The state public works board shall provide a

4-16 copy of the plans, designs and specifications to an expert in accessible

4-17 design who is certified by the state public works board pursuant to NRS

4-18 338.180. The expert shall review the plans, designs and specifications to

4-19 determine whether they comply with the applicable requirements of the

4-20 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. and

4-21 the Minimum Guidelines and Requirements for Accessible Design, 36

4-22 C.F.R. §§ 1190.1 et seq. If the plans, designs and specifications comply

4-23 with the federal requirements, the expert shall notify the state public

4-24 works board of that compliance and provide his written approval for the

4-25 project to commence. The expert may physically inspect the project

4-26 during and after construction to ensure actual compliance with the

4-27 Americans with Disabilities Act of 1990 and the Minimum Guidelines

4-28 and Requirements for Accessible Design. The state public works board is

4-29 authorized to charge and collect, and the board of trustees is authorized to

4-30 pay, a reasonable fee for the payment of any costs incurred by the state

4-31 public works board in securing the approval of an expert in accessible

4-32 design and qualified architects or engineers of the plans, designs and

4-33 specifications submitted by the board of trustees in compliance with the

4-34 provisions of this paragraph.

4-35 [The state public works board shall ensure that all plans, designs and

4-36 specifications that it reviews pursuant to this section comply with all

4-37 applicable requirements of the Americans with Disabilities Act of 1990 (42

4-38 U.S.C. §§ 12101 to 12213, inclusive).]

4-39 2. Upon the request of a board of trustees of a school district, or its

4-40 designated representative, the state public works board may waive the

4-41 requirements specified in subsection 1 and delegate its powers and duties

4-42 thereunder to the district.

5-1 3. If the state public works board waives the requirements of

5-2 subsection 1 and delegates its powers and duties thereunder to a school

5-3 district, the school district shall submit a copy of its final plans, designs and

5-4 specifications for any project to which that section applies to the building

5-5 and planning department of the appropriate city or county before

5-6 completion of the project.

5-7 4. No contract for any of the purposes specified in subsection 1 made

5-8 by a board of trustees of a school district contrary to the provisions of this

5-9 section is valid, nor [shall] may any public money be paid for erecting,

5-10 adding to or altering any school building in contravention of this section.