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
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: 341.100 1. The board may appoint a manager. The manager, with1-3
the approval of the board, may appoint a deputy for professional services1-4
and a deputy for administrative, fiscal and constructional services. In1-5
addition, the manager may appoint such other technical and clerical1-6
assistants as may be necessary to carry into effect the provisions of this1-7
chapter.1-8
2. The manager and his deputies are in the unclassified service of the1-9
state. Except as otherwise provided in NRS 284.143, the manager and each1-10
deputy shall devote his entire time and attention to the business of his1-11
office and shall not pursue any other business or occupation or hold any1-12
other office of profit.1-13
3. The manager and his deputy for professional services must each be1-14
a licensed professional engineer pursuant to the provisions of chapter 6251-15
of NRS or an architect registered pursuant to the provisions of chapter 6232-1
of NRS. The deputy manager for administrative, fiscal and constructional2-2
services must have a comprehensive knowledge of principles of2-3
administration and a working knowledge of principles of engineering or2-4
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 recommended2-10
priority for proposed capital improvement projects and provide the board2-11
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 of2-15
completed projects.2-16
(g) Advise the board and the legislature, or the interim finance2-17
committee if the legislature is not in session, on a monthly basis of the2-18
progress of all public works projects which are a part of the approved2-19
capital improvement program.2-20
5. The manager is ex officio the state building officer and, when2-21
acting in that capacity, shall:2-22
(a) Review and approve the architecture, plans, designs, types of2-23
construction and major repairs of; and2-24
(b) Supervise and inspect such construction and repairs of,2-25
buildings constructed on state property or for which money has been2-26
appropriated by the legislature, except buildings excluded pursuant to2-27
subsection 1 of NRS 341.141. Except as otherwise provided in subsection2-28
6 of NRS 341.145, the state building officer may charge a reasonable fee2-29
for services performed pursuant to this subsection. The state building2-30
officer may delegate the powers conferred pursuant to this subsection to2-31
a political subdivision of this state.2-32
Sec. 2. NRS 341.145 is hereby amended to read as follows: 341.145 The board:2-34
1. After consulting with the interim finance committee, has final2-35
authority for approval as to the architecture ,2-36
designs, types of construction, and major repairs of buildings constructed2-37
on state property or for which money has been appropriated by the2-38
legislature, except buildings excluded pursuant to subsection 1 of NRS2-39
341.141, and for approval of designs of landscaping2-40
which such buildings are located.2-41
2. Shall determine whether any rebates are available from a public2-42
utility for installing devices in any state building which are designed to3-1
decrease the use of energy in the building. If such a rebate is available, the3-2
board shall apply for the rebate.3-3
3. Shall solicit bids for and let all contracts for new construction or3-4
major repairs.3-5
4. May negotiate with the lowest responsible bidder on any contract to3-6
obtain a revised bid if:3-7
(a) The bid is less than the appropriation made by the legislature for that3-8
building project; and3-9
(b) The bid does not exceed the relevant budget item for that building3-10
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 and3-13
major repairs. The cost of supervision and inspection must be financed3-14
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 the3-17
awarded contract price.3-18
(b) Not to exceed in the aggregate 10 percent of the total awarded3-19
contract price, where the change represents an increase in that price.3-20
8. Has final authority to accept each building as completed or to3-21
require necessary alterations to conform to the contract, and to file the3-22
notice of completion.3-23
Sec. 3. NRS 477.030 is hereby amended to read as follows: 477.030 1. Except as otherwise provided in this section, the state fire3-25
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 from3-31
mental and penal institutions, facilities for the care of children, foster3-32
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 public3-35
assembly and all other buildings where large numbers of persons work,3-36
live or congregate for any purpose. As used in this paragraph, "public3-37
assembly" means a building or a portion of a building used for the3-38
gathering together of 50 or more persons for purposes of deliberation,3-39
education, instruction, worship, entertainment, amusement or awaiting3-40
transportation, or the gathering together of 100 or more persons in3-41
establishments for drinking or dining.3-42
(e) The suppression and punishment of arson and fraudulent claims or3-43
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, his4-3
authority to enforce them or conduct investigations under this chapter is4-4
limited to those counties whose population is less than 35,000, except in4-5
those local jurisdictions in other counties where he is requested to exercise4-6
that authority by the chief officer of the organized fire department of that4-7
jurisdiction.4-8
2. The state fire marshal may set standards for equipment and4-9
appliances pertaining to fire safety or to be used for fire protection within4-10
this state, including the threads used on fire hose couplings and hydrant4-11
fittings.4-12
3. The state fire marshal shall cooperate with the state forester4-13
firewarden in the preparation of regulations relating to standards for fire4-14
retardant roofing materials pursuant to paragraph (e) of subsection 1 of4-15
NRS 472.040.4-16
4. The state fire marshal shall cooperate with the division of child and4-17
family services of the department of human resources in establishing4-18
reasonable minimum standards for overseeing the safety of and directing4-19
the means and adequacy of exit in case of fire from family foster homes4-20
and group foster homes.4-21
5. The state fire marshal shall coordinate all activities conducted4-22
pursuant to4-23
4-24
United States pursuant to4-25
6. Except as otherwise provided in subsection 10, the state fire marshal4-26
shall:4-27
(a) Investigate any fire which occurs in a county whose population is4-28
less than 35,000, and from which a death results or which is of a suspicious4-29
nature.4-30
(b) Investigate any fire which occurs in a county whose population is4-31
35,000 or more, and from which a death results or which is of a suspicious4-32
nature, if requested to do so by the chief officer of the fire department in4-33
whose jurisdiction the fire occurs.4-34
(c) Cooperate with the commissioner of insurance in any investigation4-35
of a fraudulent claim under an insurance policy for any fire of a suspicious4-36
nature.4-37
(d) Cooperate with any local fire department in the investigation of any4-38
report received pursuant to NRS 629.045.4-39
(e) Provide specialized training in investigating the causes of fires if4-40
requested to do so by the chief officer of an organized fire department.4-41
7. The state fire marshal shall put the4-42
Reporting System into effect throughout the state and publish at least4-43
annually a summary of data collected under the system.5-1
8. The state fire marshal shall provide assistance and materials to local5-2
authorities, upon request, for the establishment of programs for public5-3
education and other fire prevention activities.5-4
9. The state fire marshal shall:5-5
(a) Assist in checking plans and specifications for construction5-6
except for plans and specifications for the construction of a building for5-7
which the state public works board has final authority for approval5-8
pursuant to NRS 341.145;5-9
(b) Provide specialized training to local fire departments; and5-10
(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 fire5-13
marshal shall, upon request by a local government, delegate to the local5-14
government by interlocal agreement all or a portion of his authority or5-15
duties if the local government’s personnel and programs are, as determined5-16
by the state fire marshal, equally qualified to perform those functions. If a5-17
local government fails to maintain the qualified personnel and programs in5-18
accordance with such an agreement, the state fire marshal shall revoke the5-19
agreement.~