Senate Bill No. 177–Committee on Commerce and Labor

(On Behalf of Manufactured Housing Division)

February 12, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning manufactured buildings. (BDR 40-625)

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 manufactured buildings; revising the provisions concerning the codes, standards and regulations adopted by the manufactured housing division of the department of business and industry; increasing the penalty for a violation of the provisions governing manufactured 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 461.170 is hereby amended to read as follows:

1-2 461.170 1. Unless the division has adopted a more recent edition

1-3 pursuant to paragraph (b) of subsection 2, the following codes [,] and

1-4 standards, in the form most recently published before January 1, [1993,]

1-5 1999, are hereby adopted for the purposes of this chapter:

1-6 (a) The Uniform Housing Code;

1-7 (b) The Uniform Building Code, as adopted by the International

1-8 Conference of Building Officials;

1-9 (c) The Uniform Plumbing Code, as adopted by the International

1-10 Association of Plumbing and Mechanical Officials;

1-11 (d) The Uniform Mechanical Code, as adopted by the International

1-12 Conference of Building Officials and the International Association of

1-13 Plumbing and Mechanical Officials;

1-14 (e) The National Electrical Code, as adopted by the National Fire

1-15 Protection Association;

2-1 (f) The Uniform Building Code, Dangerous Building, as adopted by the

2-2 International Conference of Building Officials; [and]

2-3 (g) The Uniform Building Code Standards, as adopted by the

2-4 International Conference of Building Officials [.] ; and

2-5 (h) The American National Standards Institute Standard No. A117.1.

2-6 2. The division may:

2-7 (a) Adopt regulations necessary to carry out the provisions of this

2-8 chapter and the [uniform] codes and standards adopted by this section.

2-9 (b) Adopt, by regulation, the most recent edition of the codes and

2-10 standards specified in subsection 1.

2-11 (c) Revise the regulations [when necessary] to conform substantially to

2-12 any amendments to the [uniform codes.

2-13 3. The] codes and standards.

2-14 3. If approved in writing by the division, a local enforcement agency

2-15 may impose requirements that are more stringent than the codes,

2-16 standards and regulations adopted under this section . [do not prevent a

2-17 local enforcement agency from imposing more stringent standards.]

2-18 Sec. 2. NRS 461.190 is hereby amended to read as follows:

2-19 461.190 1. Factory-built housing manufactured after the effective

2-20 date of the regulations for that housing adopted pursuant to this chapter

2-21 which is sold or offered for sale to a first [users] user within this state must

2-22 bear [insignia] an insigne of approval issued by the division.

2-23 2. A manufactured building, fabricated after the effective date of the

2-24 regulations for [those buildings] that building adopted pursuant to this

2-25 chapter, which is sold or offered for sale to a first user within this state must

2-26 bear an insigne of approval issued by the division.

2-27 3. The division may issue insignia, medallions, symbols or tags issued

2-28 by the appropriate certifying authority designated by the uniform codes and

2-29 standards adopted pursuant to NRS 461.170 [, signifying] to signify

2-30 compliance with all [of] the provisions of NRS 461.170.

2-31 4. The division may provide by regulation for the approval of any

2-32 factory-built housing or manufactured building which has been inspected

2-33 and approved by the appropriate certifying authorities of another

2-34 jurisdiction which has adopted all [of] the codes and standards specified in

2-35 NRS 461.170 without additional inspection or issuance of additional

2-36 insignia, medallions, symbols or tags by the division.

2-37 Sec. 3. NRS 461.240 is hereby amended to read as follows:

2-38 461.240 1. [The] Except as otherwise provided in subsection 2 and

2-39 NRS 461.260, the division shall enforce every provision of this chapter and

2-40 the regulations adopted pursuant [thereto, except as provided in NRS

2-41 461.260.

2-42 2. Nothing in this chapter prevents the division from delegating by

2-43 written contract] to the provisions of this chapter.

3-1 2. The division may delegate its enforcement authority to local

3-2 government agencies [.] by written contract.

3-3 Sec. 4. NRS 461.260 is hereby amended to read as follows:

3-4 461.260 1. Local enforcement agencies shall enforce and inspect the

3-5 installation of factory-built housing and manufactured buildings.

3-6 2. Local use zone requirements, local fire zones, building setback, side

3-7 and rear yard requirements, site development and property line

3-8 requirements, [as well as the review and regulation of architectural] and

3-9 aesthetic requirements are hereby specifically and entirely reserved to local

3-10 jurisdictions notwithstanding any other requirement of this chapter.

3-11 3. [Nothing in this chapter prohibits any appropriate local government

3-12 authority from examining and approving all plans, applications or building

3-13 sites.

3-14 4.] A local government authority may inspect Nevada manufacturers of

3-15 factory-built housing or manufactured buildings to [insure] ensure

3-16 compliance with all the provisions of NRS 461.170. Before conducting an

3-17 initial inspection of any such manufacturer, a local government authority

3-18 [shall] must give 10 days’ written notice to the administrator of the

3-19 division. The local government authority [need] is not required to give

3-20 notice to the administrator before conducting subsequent inspections of the

3-21 manufacturer.

3-22 Sec. 5. NRS 461.270 is hereby amended to read as follows:

3-23 461.270 Any person who violates any of the provisions of this chapter

3-24 or any regulations adopted pursuant to this chapter shall be punished by a

3-25 fine not exceeding [$500] $2,500, or by imprisonment not exceeding 30

3-26 days, or by both fine and imprisonment.

3-27 Sec. 6. NRS 461.200 is hereby repealed.

3-28 Sec. 7. This act becomes effective on July 1, 1999.

 

3-29 TEXT OF REPEALED SECTION

 

3-30 461.200 Buildings with insignia of approval deemed in compliance

3-31 with local ordinances and regulations. All factory-built housing and

3-32 manufactured buildings bearing insignia of approval pursuant to NRS

3-33 461.190 shall be deemed to comply with the requirements of all ordinances

3-34 or regulations enacted by any city or county which may be applicable to the

3-35 manufacture of such buildings.

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