Assembly Bill No. 605–Committee on Government Affairs

(On Behalf of Budget Division)

March 18, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to state public works board. (BDR 28-1578)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 public works; revising the duties of the manager of the state public works board; authorizing the manager of the board to charge fees for certain services; authorizing the manager of the board to delegate certain powers; clarifying that the board is the final authority to review certain plans and conduct certain inspections with regard to construction on certain buildings; 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. NRS 341.100 is hereby amended to read as follows:

1-2 341.100 1. The board may appoint a manager. The manager, with

1-3 the approval of the board, may appoint a deputy for professional services

1-4 and a deputy for administrative, fiscal and constructional services. In

1-5 addition, the manager may appoint such other technical and clerical

1-6 assistants as may be necessary to carry into effect the provisions of this

1-7 chapter.

1-8 2. The manager and his deputies are in the unclassified service of the

1-9 state. Except as otherwise provided in NRS 284.143, the manager and each

1-10 deputy shall devote his entire time and attention to the business of his

1-11 office and shall not pursue any other business or occupation or hold any

1-12 other office of profit.

1-13 3. The manager and his deputy for professional services must each be

1-14 a licensed professional engineer pursuant to the provisions of chapter 625

1-15 of NRS or an architect registered pursuant to the provisions of chapter 623

2-1 of NRS. The deputy manager for administrative, fiscal and constructional

2-2 services must have a comprehensive knowledge of principles of

2-3 administration and a working knowledge of principles of engineering or

2-4 architecture as determined by the board.

2-5 4. The manager shall:

2-6 (a) Serve as the secretary of the board.

2-7 (b) Manage the daily affairs of the board.

2-8 (c) Represent the board before the legislature.

2-9 (d) Prepare and submit to the board, for its approval, the recommended

2-10 priority for proposed capital improvement projects and provide the board

2-11 with an estimate of the cost of each project.

2-12 (e) Make recommendations to the board for the selection of architects,

2-13 engineers and contractors.

2-14 (f) Make recommendations to the board concerning the acceptance of

2-15 completed projects.

2-16 (g) Advise the board and the legislature, or the interim finance

2-17 committee if the legislature is not in session, on a monthly basis of the

2-18 progress of all public works projects which are a part of the approved

2-19 capital improvement program.

2-20 5. The manager is ex officio the state building officer and, when

2-21 acting in that capacity, shall:

2-22 (a) Review and approve the architecture, plans, designs, types of

2-23 construction and major repairs of; and

2-24 (b) Supervise and inspect such construction and repairs of,

2-25 buildings constructed on state property or for which money has been

2-26 appropriated by the legislature, except buildings excluded pursuant to

2-27 subsection 1 of NRS 341.141. Except as otherwise provided in subsection

2-28 6 of NRS 341.145, the state building officer may charge a reasonable fee

2-29 for services performed pursuant to this subsection. The state building

2-30 officer may delegate the powers conferred pursuant to this subsection to

2-31 a political subdivision of this state.

2-32 Sec. 2. NRS 341.145 is hereby amended to read as follows:

2-33 341.145 The board:

2-34 1. After consulting with the interim finance committee, has final

2-35 authority for approval as to the architecture , [of all buildings,] plans,

2-36 designs, types of construction, and major repairs of buildings constructed

2-37 on state property or for which money has been appropriated by the

2-38 legislature, except buildings excluded pursuant to subsection 1 of NRS

2-39 341.141, and for approval of designs of landscaping [.] for property upon

2-40 which such buildings are located.

2-41 2. Shall determine whether any rebates are available from a public

2-42 utility for installing devices in any state building which are designed to

3-1 decrease the use of energy in the building. If such a rebate is available, the

3-2 board shall apply for the rebate.

3-3 3. Shall solicit bids for and let all contracts for new construction or

3-4 major repairs.

3-5 4. May negotiate with the lowest responsible bidder on any contract to

3-6 obtain a revised bid if:

3-7 (a) The bid is less than the appropriation made by the legislature for that

3-8 building project; and

3-9 (b) The bid does not exceed the relevant budget item for that building

3-10 project as established by the board by more than 10 percent.

3-11 5. May reject any or all bids.

3-12 6. After the contract is let, shall supervise and inspect construction and

3-13 major repairs. The cost of supervision and inspection must be financed

3-14 from the capital construction program approved by the legislature.

3-15 7. May authorize change orders, before or during construction:

3-16 (a) In any amount, where the change represents a reduction in the

3-17 awarded contract price.

3-18 (b) Not to exceed in the aggregate 10 percent of the total awarded

3-19 contract price, where the change represents an increase in that price.

3-20 8. Has final authority to accept each building as completed or to

3-21 require necessary alterations to conform to the contract, and to file the

3-22 notice of completion.

3-23 Sec. 3. NRS 477.030 is hereby amended to read as follows:

3-24 477.030 1. Except as otherwise provided in this section, the state fire

3-25 marshal shall enforce all laws and adopt regulations relating to:

3-26 (a) The prevention of fire.

3-27 (b) The storage and use of combustibles, flammables and fireworks.

3-28 (c) The storage and use of explosives in any commercial construction,

3-29 but not in mining or the control of avalanches.

3-30 (d) The safety, access, means and adequacy of exit in case of fire from

3-31 mental and penal institutions, facilities for the care of children, foster

3-32 homes, residential facilities for groups, facilities for intermediate care,

3-33 nursing homes, hospitals, schools, all buildings, except private residences,

3-34 which are occupied for sleeping purposes, buildings used for public

3-35 assembly and all other buildings where large numbers of persons work,

3-36 live or congregate for any purpose. As used in this paragraph, "public

3-37 assembly" means a building or a portion of a building used for the

3-38 gathering together of 50 or more persons for purposes of deliberation,

3-39 education, instruction, worship, entertainment, amusement or awaiting

3-40 transportation, or the gathering together of 100 or more persons in

3-41 establishments for drinking or dining.

3-42 (e) The suppression and punishment of arson and fraudulent claims or

3-43 practices in connection with fire losses.

4-1 The regulations of the state fire marshal apply throughout the state, but,

4-2 except with respect to state-owned or state-occupied buildings, his

4-3 authority to enforce them or conduct investigations under this chapter is

4-4 limited to those counties whose population is less than 35,000, except in

4-5 those local jurisdictions in other counties where he is requested to exercise

4-6 that authority by the chief officer of the organized fire department of that

4-7 jurisdiction.

4-8 2. The state fire marshal may set standards for equipment and

4-9 appliances pertaining to fire safety or to be used for fire protection within

4-10 this state, including the threads used on fire hose couplings and hydrant

4-11 fittings.

4-12 3. The state fire marshal shall cooperate with the state forester

4-13 firewarden in the preparation of regulations relating to standards for fire

4-14 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

4-15 NRS 472.040.

4-16 4. The state fire marshal shall cooperate with the division of child and

4-17 family services of the department of human resources in establishing

4-18 reasonable minimum standards for overseeing the safety of and directing

4-19 the means and adequacy of exit in case of fire from family foster homes

4-20 and group foster homes.

4-21 5. The state fire marshal shall coordinate all activities conducted

4-22 pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f

4-23 and 278g,] 2201 et seq., and receive and distribute money allocated by the

4-24 United States pursuant to [that act.] those provisions.

4-25 6. Except as otherwise provided in subsection 10, the state fire marshal

4-26 shall:

4-27 (a) Investigate any fire which occurs in a county whose population is

4-28 less than 35,000, and from which a death results or which is of a suspicious

4-29 nature.

4-30 (b) Investigate any fire which occurs in a county whose population is

4-31 35,000 or more, and from which a death results or which is of a suspicious

4-32 nature, if requested to do so by the chief officer of the fire department in

4-33 whose jurisdiction the fire occurs.

4-34 (c) Cooperate with the commissioner of insurance in any investigation

4-35 of a fraudulent claim under an insurance policy for any fire of a suspicious

4-36 nature.

4-37 (d) Cooperate with any local fire department in the investigation of any

4-38 report received pursuant to NRS 629.045.

4-39 (e) Provide specialized training in investigating the causes of fires if

4-40 requested to do so by the chief officer of an organized fire department.

4-41 7. The state fire marshal shall put the [Uniform] National Fire Incident

4-42 Reporting System into effect throughout the state and publish at least

4-43 annually a summary of data collected under the system.

5-1 8. The state fire marshal shall provide assistance and materials to local

5-2 authorities, upon request, for the establishment of programs for public

5-3 education and other fire prevention activities.

5-4 9. The state fire marshal shall:

5-5 (a) Assist in checking plans and specifications for construction [;] ,

5-6 except for plans and specifications for the construction of a building for

5-7 which the state public works board has final authority for approval

5-8 pursuant to NRS 341.145;

5-9 (b) Provide specialized training to local fire departments; and

5-10 (c) Assist local governments in drafting regulations and ordinances,

5-11 on request or as he deems necessary.

5-12 10. In a county whose population is less than 35,000, the state fire

5-13 marshal shall, upon request by a local government, delegate to the local

5-14 government by interlocal agreement all or a portion of his authority or

5-15 duties if the local government’s personnel and programs are, as determined

5-16 by the state fire marshal, equally qualified to perform those functions. If a

5-17 local government fails to maintain the qualified personnel and programs in

5-18 accordance with such an agreement, the state fire marshal shall revoke the

5-19 agreement.

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