Assembly Bill No. 605–Committee on Government Affairs

(On Behalf of Budget Division)

March 18, 1999

____________

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.

~

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; 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 the

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

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

1-5 the manager may appoint such other technical and clerical assistants as may

1-6 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 the

1-8 state. Except as otherwise provided in NRS 284.143, the manager and each

1-9 deputy shall devote his entire time and attention to the business of his office

1-10 and shall not pursue any other business or occupation or hold any other

1-11 office of profit.

1-12 3. The manager and his deputy for professional services must each be a

1-13 licensed professional engineer pursuant to the provisions of chapter 625 of

1-14 NRS or an architect registered pursuant to the provisions of chapter 623 of

1-15 NRS. The deputy manager for administrative, fiscal and constructional

2-1 services must have a comprehensive knowledge of principles of

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

2-3 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 recommended

2-9 priority for proposed capital improvement projects and provide the board

2-10 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 of

2-14 completed projects.

2-15 (g) Advise the board and the legislature, or the interim finance

2-16 committee if the legislature is not in session, on a monthly basis of the

2-17 progress of all public works projects which are a part of the approved

2-18 capital improvement program.

2-19 5. The manager is ex officio the state building officer and, when

2-20 acting in that capacity, shall:

2-21 (a) Review and approve the architecture, plans, designs, types of

2-22 construction and major repairs of; and

2-23 (b) Supervise and inspect such construction and repairs of,

2-24 buildings constructed on state property or for which money has been

2-25 appropriated by the legislature, except buildings excluded pursuant to

2-26 subsection 1 of NRS 341.141. Except as otherwise provided in subsection

2-27 6 of NRS 341.145, the state building officer may charge a reasonable fee

2-28 for services performed pursuant to this subsection.

2-29 Sec. 2. NRS 341.145 is hereby amended to read as follows:

2-30 341.145 The board:

2-31 1. After consulting with the interim finance committee, has final

2-32 authority for approval as to the architecture , [of all buildings,] plans,

2-33 designs, types of construction, and major repairs of buildings constructed

2-34 on state property or for which money has been appropriated by the

2-35 legislature, except buildings excluded pursuant to subsection 1 of NRS

2-36 341.141, and for approval of designs of landscaping [.] for property upon

2-37 which such buildings are located.

2-38 2. Shall determine whether any rebates are available from a public

2-39 utility for installing devices in any state building which are designed to

2-40 decrease the use of energy in the building. If such a rebate is available, the

2-41 board shall apply for the rebate.

2-42 3. Shall solicit bids for and let all contracts for new construction or

2-43 major repairs.

3-1 4. May negotiate with the lowest responsible bidder on any contract to

3-2 obtain a revised bid if:

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

3-4 building project; and

3-5 (b) The bid does not exceed the relevant budget item for that building

3-6 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 and

3-9 major repairs. The cost of supervision and inspection must be financed

3-10 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 the

3-13 awarded contract price.

3-14 (b) Not to exceed in the aggregate 10 percent of the total awarded

3-15 contract price, where the change represents an increase in that price.

3-16 8. Has final authority to accept each building as completed or to

3-17 require necessary alterations to conform to the contract, and to file the

3-18 notice of completion.

3-19 Sec. 3. NRS 477.030 is hereby amended to read as follows:

3-20 477.030 1. Except as otherwise provided in this section, the state fire

3-21 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 from

3-27 mental and penal institutions, facilities for the care of children, foster

3-28 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 public

3-31 assembly and all other buildings where large numbers of persons work, live

3-32 or congregate for any purpose. As used in this paragraph, "public

3-33 assembly" means a building or a portion of a building used for the

3-34 gathering together of 50 or more persons for purposes of deliberation,

3-35 education, instruction, worship, entertainment, amusement or awaiting

3-36 transportation, or the gathering together of 100 or more persons in

3-37 establishments for drinking or dining.

3-38 (e) The suppression and punishment of arson and fraudulent claims or

3-39 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, his

3-42 authority to enforce them or conduct investigations under this chapter is

3-43 limited to those counties whose population is less than 35,000, except in

4-1 those local jurisdictions in other counties where he is requested to exercise

4-2 that authority by the chief officer of the organized fire department of that

4-3 jurisdiction.

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

4-5 appliances pertaining to fire safety or to be used for fire protection within

4-6 this state, including the threads used on fire hose couplings and hydrant

4-7 fittings.

4-8 3. The state fire marshal shall cooperate with the state forester

4-9 firewarden in the preparation of regulations relating to standards for fire

4-10 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

4-11 NRS 472.040.

4-12 4. The state fire marshal shall cooperate with the division of child and

4-13 family services of the department of human resources in establishing

4-14 reasonable minimum standards for overseeing the safety of and directing

4-15 the means and adequacy of exit in case of fire from family foster homes and

4-16 group foster homes.

4-17 5. The state fire marshal shall coordinate all activities conducted

4-18 pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f

4-19 and 278g,] 2201 et seq., and receive and distribute money allocated by the

4-20 United States pursuant to [that act.] those provisions.

4-21 6. Except as otherwise provided in subsection 10, the state fire marshal

4-22 shall:

4-23 (a) Investigate any fire which occurs in a county whose population is

4-24 less than 35,000, and from which a death results or which is of a suspicious

4-25 nature.

4-26 (b) Investigate any fire which occurs in a county whose population is

4-27 35,000 or more, and from which a death results or which is of a suspicious

4-28 nature, if requested to do so by the chief officer of the fire department in

4-29 whose jurisdiction the fire occurs.

4-30 (c) Cooperate with the commissioner of insurance in any investigation of

4-31 a fraudulent claim under an insurance policy for any fire of a suspicious

4-32 nature.

4-33 (d) Cooperate with any local fire department in the investigation of any

4-34 report received pursuant to NRS 629.045.

4-35 (e) Provide specialized training in investigating the causes of fires if

4-36 requested to do so by the chief officer of an organized fire department.

4-37 7. The state fire marshal shall put the [Uniform] National Fire Incident

4-38 Reporting System into effect throughout the state and publish at least

4-39 annually a summary of data collected under the system.

4-40 8. The state fire marshal shall provide assistance and materials to local

4-41 authorities, upon request, for the establishment of programs for public

4-42 education and other fire prevention activities.

5-1 9. The state fire marshal shall:

5-2 (a) Assist in checking plans and specifications for construction [;] of a

5-3 building for which the state public works board has final authority for

5-4 approval pursuant to NRS 341.145 if such assistance is authorized

5-5 pursuant to an interlocal agreement between the state fire marshal and

5-6 the state public works board.

5-7 (b) Provide specialized training to local fire departments; and

5-8 (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 fire

5-11 marshal shall, upon request by a local government, delegate to the local

5-12 government by interlocal agreement all or a portion of his authority or

5-13 duties if the local government’s personnel and programs are, as determined

5-14 by the state fire marshal, equally qualified to perform those functions. If a

5-15 local government fails to maintain the qualified personnel and programs in

5-16 accordance with such an agreement, the state fire marshal shall revoke the

5-17 agreement.

~