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:

1-13 2. All plans and specifications for the construction of public buildings

1-14 and facilities owned by the [state] State of Nevada or by a political

1-15 subdivision [, district, authority, board or public corporation or entity of the

2-1 state] thereof must, after July 1, 1973, [must] provide facilities and features

2-2 for the physically handicapped so that buildings which are normally used

2-3 by the public are constructed with entrance ramps, toilet facilities, drinking

2-4 fountains, doors and public telephones accessible to and usable by the

2-5 physically handicapped. [Such] In addition, all plans and specifications

2-6 for the construction or alteration of public buildings and facilities owned

2-7 by the State of Nevada or a political subdivision thereof must comply

2-8 with the applicable requirements of the:

2-9 (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et

2-10 seq., and the regulations adopted pursuant thereto, including, without

2-11 limitation, the Americans with Disabilities Act Accessibility Guidelines

2-12 for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28

2-13 of the Code of Federal Regulations;

2-14 (b) Minimum Guidelines and Requirements for Accessible Design, 36

2-15 C.F.R. §§ 1190.1 et seq.; and

2-16 (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted

2-17 pursuant thereto.

2-18 The requirements of paragraph (a) of this subsection are not satisfied if

2-19 the plans and specifications comply solely with the Uniform Federal

2-20 Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title

2-21 41 of the Code of Federal Regulations.

2-22 3. The State of Nevada and each political subdivision thereof shall,

2-23 in the design, construction and alteration of public buildings and

2-24 facilities comply with the applicable requirements of the:

2-25 (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et

2-26 seq., and the regulations adopted pursuant thereto, including, without

2-27 limitation, the Americans with Disabilities Act Accessibility Guidelines

2-28 for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28

2-29 of the Code of Federal Regulations;

2-30 (b) Minimum Guidelines and Requirements for Accessible Design, 36

2-31 C.F.R. §§ 1190.1 et seq.; and

2-32 (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted

2-33 pursuant thereto.

2-34 The requirements of paragraph (a) of this subsection are not satisfied if

2-35 the State of Nevada or a political subdivision thereof complies solely with

2-36 the Uniform Federal Accessibility Standards set forth in Appendix A of

2-37 Part 101-19.6 of Title 41 of the Code of Federal Regulations.

2-38 4. The state public works board shall verify that all public buildings

2-39 and facilities [must] owned by the State of Nevada conform with the

2-40 [Minimum Federal Guidelines and Requirements for Accessible Design, as

2-41 issued by the United States Architectural and Transportation Barriers

2-42 Compliance Board in the Federal Register of January 16, 1981.]

2-43 requirements of this section. Each political subdivision shall verify that

3-1 all public buildings and facilities owned by the political subdivision

3-2 conform with the requirements of this section.

3-3 Sec. 2. NRS 278.610 is hereby amended to read as follows:

3-4 278.610 1. [Except as otherwise provided in subsection 3, after]

3-5 After the establishment of the position of building inspector and the filling

3-6 of the position as provided in NRS 278.570, it is unlawful to erect,

3-7 construct, reconstruct, alter or change the use of any building or other

3-8 structure within the territory covered by the building code or zoning

3-9 regulations without obtaining a building permit from the building inspector.

3-10 2. The building inspector shall not issue any permit unless the plans of

3-11 and for the proposed erection, construction, reconstruction, alteration or

3-12 use fully [conform] :

3-13 (a) Conform to all building code and zoning regulations then in effect.

3-14 (b) If applicable, comply with the provisions of NRS 393.110.

3-15 3. [The provisions of subsection 1 do not apply to a school district to

3-16 which the state public works board has delegated its powers and duties

3-17 under NRS 393.110.

3-18 4.] A building inspector shall not issue a building permit to a person

3-19 acting for another unless the applicant proves to the satisfaction of the

3-20 building inspector that he is licensed as a contractor for that work pursuant

3-21 to the provisions of NRS 624.230 to 624.320, inclusive.

3-22 Sec. 3. NRS 385.125 is hereby amended to read as follows:

3-23 385.125 1. The state board may adopt standard plans, designs and

3-32 specifications, the state board shall submit the plans, designs and

3-33 specifications to the state public works board, whose written approval

3-34 thereof must be obtained before any further consideration by the state

3-35 board. The state public works board shall [ensure] verify that the plans,

3-36 designs and specifications comply with all applicable requirements of the

3-37 Americans with Disabilities Act of 1990 , [(] 42 U.S.C. §§ 12101 [to

3-38 12213, inclusive).] et seq., and the regulations adopted pursuant thereto,

3-39 including, without limitation, the Americans with Disabilities Act

3-40 Accessibility Guidelines for Buildings and Facilities set forth in

3-41 Appendix A of Part 36 of Title 28 of the Code of Federal Regulations.

3-42 The requirements of this subsection are not satisfied if the plans, designs

3-43 and specifications comply solely with the Uniform Federal Accessibility

4-1 Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the

4-2 Code of Federal Regulations.

4-3 3. The state public works board may charge and collect and the state

4-4 board may pay a reasonable fee for the costs incurred by the state public

4-5 works board in approving the standard plans, designs and specifications

4-6 submitted.

4-7 Sec. 4. NRS 393.110 is hereby amended to read as follows:

4-8 393.110 1. Each school district shall, in the design, construction

4-9 and alteration of school buildings and facilities comply with the

4-10 applicable requirements of the Americans with Disabilities Act of 1990,

4-11 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto,

4-12 including, without limitation, the Americans with Disabilities Act

4-13 Accessibility Guidelines for Buildings and Facilities set forth in

4-14 Appendix A of Part 36 of Title 28 of the Code of Federal Regulations.

4-15 The requirements of this subsection are not satisfied if a school district

4-16 complies solely with the Uniform Federal Accessibility Standards set

4-17 forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal

4-18 Regulations.

4-19 2. Except as otherwise provided in subsection [2:] 3:

4-20 (a) Unless standard plans, designs and specifications are to be used as

4-21 provided in NRS 385.125, before letting any contract or contracts for the

4-22 erection of any new school building, the board of trustees of a school

4-23 district shall submit plans, designs and specifications therefor to and obtain

4-24 the written approval of the plans, designs and specifications by the state

4-25 public works board. The state public works board shall review the plans,

4-26 designs and specifications and make any recommendations as

4-27 expeditiously as practicable. The state public works board is authorized to

4-28 charge and collect, and the board of trustees is authorized to pay, a

4-29 reasonable fee for the payment of any costs incurred by the state public

4-30 works board in securing the approval of qualified architects or engineers of

4-31 the plans, designs and specifications submitted by the board of trustees in

4-32 compliance with the provisions of this paragraph.

4-33 (b) Before letting any contract or contracts for any addition to or

4-34 alteration of an existing school building which involves structural systems,

4-35 or exiting, sanitary or fire protection facilities, the board of trustees of a

4-36 school district shall submit plans, designs and specifications therefor to and

4-37 obtain the written approval of the plans, designs and specifications by the

4-38 state public works board. The state public works board shall review the

4-39 plans, designs and specifications and make any recommendations as

4-40 expeditiously as practicable. The state public works board is authorized to

4-41 charge and collect, and the board of trustees is authorized to pay, a

4-42 reasonable fee for the payment of any costs incurred by the state public

4-43 works board in securing the approval of qualified architects or engineers of

5-1 the plans, designs and specifications submitted by the board of trustees in

5-2 compliance with the provisions of this paragraph.

5-3 The state public works board shall [ensure] verify that all plans, designs

5-4 and specifications that it reviews pursuant to this section comply with all

5-5 applicable requirements of the Americans with Disabilities Act of 1990 , [

5-6 (] 42 U.S.C. §§ 12101 [to 12213, inclusive).

5-7 2. Upon the request of a board of trustees of a school district, or its

5-8 designated representative, the] et seq., and the regulations adopted

5-9 pursuant thereto, including, without limitation, the Americans with

5-10 Disabilities Act Accessibility Guidelines for Buildings and Facilities set

5-11 forth in Appendix A of Part 36 of Title 28 of the Code of Federal

5-12 Regulations. The requirements of this subsection are not satisfied if the

5-13 plans, designs and specifications comply solely with the Uniform Federal

5-14 Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title

5-15 41 of the Code of Federal Regulations.

5-16 3. The state public works board may [waive the requirements specified

5-17 in subsection 1 and delegate its powers and duties thereunder to the district.

5-18 3. ] enter into an agreement with the appropriate building department

5-19 of a county or city to review plans, designs and specifications of a school

5-20 district pursuant to subsection 2. If the state public works board [waives

5-21 the requirements of subsection 1 and delegates its powers and duties

5-22 thereunder to a school district,] enters into such an agreement, the board

5-23 of trustees of the school district shall submit a copy of its [final] plans,

5-24 designs and specifications for any project to which [that section] subsection

5-25 2 applies to the building [and planning department of the appropriate city

5-26 or county before completion] department before commencement of the

5-27 project [.] for the approval of the building department. The building

5-28 department shall review the plans, designs and specifications and provide

5-29 responsive comment as expeditiously as practicable to verify that the

5-30 plans, designs and specifications comply with all applicable requirements

5-31 of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et

5-32 seq., inclusive, and the regulations adopted pursuant thereto, including,

5-33 without limitation, the Americans with Disabilities Act Accessibility

5-34 Guidelines for Buildings and Facilities set forth in Appendix A of Part 36

5-35 of Title 28 of the Code of Federal Regulations. The building department

5-36 may charge and collect a reasonable fee from the board of trustees of the

5-37 school district for the payment of any costs incurred by the building

5-38 department in reviewing the plans, designs and specifications. A permit

5-39 for construction must not be issued without the approval of the building

5-40 department pursuant to this subsection. The requirements of this

5-41 subsection are not satisfied if the plans, designs and specifications

5-42 comply solely with the Uniform Federal Accessibility Standards set forth

6-1 in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal

6-2 Regulations.

6-3 4. No contract for any of the purposes specified in subsection 1 made

6-4 by a board of trustees of a school district contrary to the provisions of this

6-5 section is valid, nor shall any public money be paid for erecting, adding to

6-6 or altering any school building in contravention of this section.