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:
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Section 1. NRS 341.100 is hereby amended to read as follows: 341.100 1. The board may appoint a manager. The manager, with the1-3
approval of the board, may appoint a deputy for professional services and a1-4
deputy for administrative, fiscal and constructional services. In addition,1-5
the manager may appoint such other technical and clerical assistants as may1-6
be necessary to carry into effect the provisions of this chapter.1-7
2. The manager and his deputies are in the unclassified service of the1-8
state. Except as otherwise provided in NRS 284.143, the manager and each1-9
deputy shall devote his entire time and attention to the business of his office1-10
and shall not pursue any other business or occupation or hold any other1-11
office of profit.1-12
3. The manager and his deputy for professional services must each be a1-13
licensed professional engineer pursuant to the provisions of chapter 625 of1-14
NRS or an architect registered pursuant to the provisions of chapter 623 of1-15
NRS. The deputy manager for administrative, fiscal and constructional2-1
services must have a comprehensive knowledge of principles of2-2
administration and a working knowledge of principles of engineering or2-3
architecture as determined by the board.2-4
4. The manager shall:2-5
(a) Serve as the secretary of the board.2-6
(b) Manage the daily affairs of the board.2-7
(c) Represent the board before the legislature.2-8
(d) Prepare and submit to the board, for its approval, the recommended2-9
priority for proposed capital improvement projects and provide the board2-10
with an estimate of the cost of each project.2-11
(e) Make recommendations to the board for the selection of architects,2-12
engineers and contractors.2-13
(f) Make recommendations to the board concerning the acceptance of2-14
completed projects.2-15
(g) Advise the board and the legislature, or the interim finance2-16
committee if the legislature is not in session, on a monthly basis of the2-17
progress of all public works projects which are a part of the approved2-18
capital improvement program.2-19
5. The manager is ex officio the state building officer and, when2-20
acting in that capacity, shall:2-21
(a) Review and approve the architecture, plans, designs, types of2-22
construction and major repairs of; and2-23
(b) Supervise and inspect such construction and repairs of,2-24
buildings constructed on state property or for which money has been2-25
appropriated by the legislature, except buildings excluded pursuant to2-26
subsection 1 of NRS 341.141. Except as otherwise provided in subsection2-27
6 of NRS 341.145, the state building officer may charge a reasonable fee2-28
for services performed pursuant to this subsection.2-29
Sec. 2. NRS 341.145 is hereby amended to read as follows: 341.145 The board:2-31
1. After consulting with the interim finance committee, has final2-32
authority for approval as to the architecture ,2-33
designs, types of construction, and major repairs of buildings constructed2-34
on state property or for which money has been appropriated by the2-35
legislature, except buildings excluded pursuant to subsection 1 of NRS2-36
341.141, and for approval of designs of landscaping2-37
which such buildings are located.2-38
2. Shall determine whether any rebates are available from a public2-39
utility for installing devices in any state building which are designed to2-40
decrease the use of energy in the building. If such a rebate is available, the2-41
board shall apply for the rebate.2-42
3. Shall solicit bids for and let all contracts for new construction or2-43
major repairs.3-1
4. May negotiate with the lowest responsible bidder on any contract to3-2
obtain a revised bid if:3-3
(a) The bid is less than the appropriation made by the legislature for that3-4
building project; and3-5
(b) The bid does not exceed the relevant budget item for that building3-6
project as established by the board by more than 10 percent.3-7
5. May reject any or all bids.3-8
6. After the contract is let, shall supervise and inspect construction and3-9
major repairs. The cost of supervision and inspection must be financed3-10
from the capital construction program approved by the legislature.3-11
7. May authorize change orders, before or during construction:3-12
(a) In any amount, where the change represents a reduction in the3-13
awarded contract price.3-14
(b) Not to exceed in the aggregate 10 percent of the total awarded3-15
contract price, where the change represents an increase in that price.3-16
8. Has final authority to accept each building as completed or to3-17
require necessary alterations to conform to the contract, and to file the3-18
notice of completion.3-19
Sec. 3. NRS 477.030 is hereby amended to read as follows: 477.030 1. Except as otherwise provided in this section, the state fire3-21
marshal shall enforce all laws and adopt regulations relating to:3-22
(a) The prevention of fire.3-23
(b) The storage and use of combustibles, flammables and fireworks.3-24
(c) The storage and use of explosives in any commercial construction,3-25
but not in mining or the control of avalanches.3-26
(d) The safety, access, means and adequacy of exit in case of fire from3-27
mental and penal institutions, facilities for the care of children, foster3-28
homes, residential facilities for groups, facilities for intermediate care,3-29
nursing homes, hospitals, schools, all buildings, except private residences,3-30
which are occupied for sleeping purposes, buildings used for public3-31
assembly and all other buildings where large numbers of persons work, live3-32
or congregate for any purpose. As used in this paragraph, "public3-33
assembly" means a building or a portion of a building used for the3-34
gathering together of 50 or more persons for purposes of deliberation,3-35
education, instruction, worship, entertainment, amusement or awaiting3-36
transportation, or the gathering together of 100 or more persons in3-37
establishments for drinking or dining.3-38
(e) The suppression and punishment of arson and fraudulent claims or3-39
practices in connection with fire losses.3-40
The regulations of the state fire marshal apply throughout the state, but,3-41
except with respect to state-owned or state-occupied buildings, his3-42
authority to enforce them or conduct investigations under this chapter is3-43
limited to those counties whose population is less than 35,000, except in4-1
those local jurisdictions in other counties where he is requested to exercise4-2
that authority by the chief officer of the organized fire department of that4-3
jurisdiction.4-4
2. The state fire marshal may set standards for equipment and4-5
appliances pertaining to fire safety or to be used for fire protection within4-6
this state, including the threads used on fire hose couplings and hydrant4-7
fittings.4-8
3. The state fire marshal shall cooperate with the state forester4-9
firewarden in the preparation of regulations relating to standards for fire4-10
retardant roofing materials pursuant to paragraph (e) of subsection 1 of4-11
NRS 472.040.4-12
4. The state fire marshal shall cooperate with the division of child and4-13
family services of the department of human resources in establishing4-14
reasonable minimum standards for overseeing the safety of and directing4-15
the means and adequacy of exit in case of fire from family foster homes and4-16
group foster homes.4-17
5. The state fire marshal shall coordinate all activities conducted4-18
pursuant to4-19
4-20
United States pursuant to4-21
6. Except as otherwise provided in subsection 10, the state fire marshal4-22
shall:4-23
(a) Investigate any fire which occurs in a county whose population is4-24
less than 35,000, and from which a death results or which is of a suspicious4-25
nature.4-26
(b) Investigate any fire which occurs in a county whose population is4-27
35,000 or more, and from which a death results or which is of a suspicious4-28
nature, if requested to do so by the chief officer of the fire department in4-29
whose jurisdiction the fire occurs.4-30
(c) Cooperate with the commissioner of insurance in any investigation of4-31
a fraudulent claim under an insurance policy for any fire of a suspicious4-32
nature.4-33
(d) Cooperate with any local fire department in the investigation of any4-34
report received pursuant to NRS 629.045.4-35
(e) Provide specialized training in investigating the causes of fires if4-36
requested to do so by the chief officer of an organized fire department.4-37
7. The state fire marshal shall put the4-38
Reporting System into effect throughout the state and publish at least4-39
annually a summary of data collected under the system.4-40
8. The state fire marshal shall provide assistance and materials to local4-41
authorities, upon request, for the establishment of programs for public4-42
education and other fire prevention activities.5-1
9. The state fire marshal shall:5-2
(a) Assist in checking plans and specifications for construction5-3
building for which the state public works board has final authority for5-4
approval pursuant to NRS 341.145 if such assistance is authorized5-5
pursuant to an interlocal agreement between the state fire marshal and5-6
the state public works board.5-7
(b) Provide specialized training to local fire departments; and5-8
(c) Assist local governments in drafting regulations and ordinances,5-9
on request or as he deems necessary.5-10
10. In a county whose population is less than 35,000, the state fire5-11
marshal shall, upon request by a local government, delegate to the local5-12
government by interlocal agreement all or a portion of his authority or5-13
duties if the local government’s personnel and programs are, as determined5-14
by the state fire marshal, equally qualified to perform those functions. If a5-15
local government fails to maintain the qualified personnel and programs in5-16
accordance with such an agreement, the state fire marshal shall revoke the5-17
agreement.~