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).

1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.

1-3 Sec. 2. As used in this section and sections 3 and 4 of this act, unless

1-4 the context otherwise requires, "design document" means a plan,

1-5 drawing, specification, supporting calculation or other data prepared by

1-6 an architect, contractor, registered interior designer, landscape architect,

1-7 professional land surveyor, professional engineer, residential designer or

1-8 owner of residential property that describes the design, location,

1-9 orientation, scope of or materials required for the proposed construction

1-10 or remodeling of a building, structure or other type of improvement to

1-11 real property.

1-12 Sec. 3. 1. A design document that is submitted to a governmental

1-13 entity:

1-14 (a) Must contain the signature or seal and title of the architect,

1-15 contractor, registered interior designer, landscape architect, professional

1-16 land surveyor, professional engineer, residential designer or owner of

1-17 residential property who prepared the document or under whose direct

1-18 supervision the document was prepared; and

2-1 (b) Must conform to:

2-2 (1) Any applicable building code or zoning regulation; and

2-3 (2) The uniform standards for the form and content of design

2-4 documents adopted pursuant to section 4 of this act.

2-5 2. The signature or seal on a design document of the architect,

2-6 contractor, registered interior designer, landscape architect, professional

2-7 land surveyor, professional engineer, residential designer or owner of

2-8 residential property who prepared the document or under whose direct

2-9 supervision the document was prepared is a representation by that person

2-10 that:

2-11 (a) He takes responsibility for each design set forth in the design

2-12 document; and

2-13 (b) The document conforms to the requirements set forth in

2-14 paragraph (b) of subsection 1.

2-15 3. Acceptance of a design document by a governmental entity

2-16 pursuant to this section does not preclude any civil action based on a

2-17 deficiency in the document.

2-18 Sec. 4. 1. In cooperation with building officials, the state board of

2-19 architecture, interior design and residential design, the board of

2-20 landscape architecture, the state contractors’ board, and the state board

2-21 of professional engineers and land surveyors shall jointly establish

2-22 uniform standards for the form and content of design documents and

2-23 shall each adopt those standards by regulation. The governing body of

2-24 each county and city in this state shall adopt the uniform standards by

2-25 ordinance. Any amendment to the uniform standards must be made in

2-26 the same manner in which the standards were established initially.

2-27 2. As used in this section, "building official" means the official of a

2-28 political subdivision of this state who is charged with the administration

2-29 of a building code.

2-30 Sec. 5. A city or county building department shall notify the state

2-31 contractors’ board in writing if a licensed contractor:

2-32 1. Submits plans for a project which are substantially incomplete; or

2-33 2. Submits plans for the same project which are rejected by the

2-34 public body at least three times.

2-35 Sec. 6. A city or county building department shall notify the board of

2-36 landscape architecture in writing if a person who holds a certificate to

2-37 practice landscape architecture issued pursuant to chapter 623A of NRS:

2-38 1. Submits plans for a project which are substantially incomplete; or

2-39 2. Submits plans for the same project which are rejected by the

2-40 public body at least three times.

3-1 Sec. 7. Chapter 338 of NRS is hereby amended by adding thereto the

3-2 provisions set forth as sections 8 and 9 of this act.

3-3 Sec. 8. A public body shall notify the state contractors’ board in

3-4 writing if a licensed contractor:

3-5 1. Submits plans for a project which are substantially incomplete; or

3-6 2. Submits plans for the same project which are rejected by the

3-7 public body at least three times.

3-8 Sec. 9. A public body shall notify the board of landscape

3-9 architecture in writing if a person who holds a certificate to practice

3-10 landscape architecture issued pursuant to chapter 623A of NRS:

3-11 1. Submits plans for a project which are substantially incomplete; or

3-12 2. Submits plans for the same project which are rejected by the

3-13 public body at least three times.

3-14 Sec. 10. NRS 623.270 is hereby amended to read as follows:

3-15 623.270 1. The board may place the holder of any certificate of

3-43 (1) The practice of architecture or residential design; or

4-1 (2) Practice as a registered interior designer.

4-2 (g) The holder of a certificate has failed to comply with an order issued

4-3 by the board or has failed to cooperate with an investigation conducted by

4-4 the board.

4-5 If discipline is imposed pursuant to this section, the costs of the proceeding,

4-6 including investigative costs and attorney’s fees, may be recovered by the

4-7 board.

4-8 2. The conditions for probation imposed pursuant to subsection 1 may

4-9 include, but are not limited to:

4-10 (a) Restriction on the scope of professional practice.

4-11 (b) Peer review.

4-12 (c) Required education or counseling.

4-13 (d) Payment of restitution to all parties who suffered harm or loss.

4-14 (e) Payment of all costs of the administrative investigation and

4-15 prosecution.

4-16 3. As used in this section:

4-17 (a) "Design document" has the meaning ascribed to it in section 2 of

4-18 this act.

4-19 (b) "Gross negligence" means conduct which demonstrates a reckless

4-20 disregard of the consequences affecting the life or property of another

4-21 person.

4-22 [(b)] (c) "Incompetency" means conduct which, in:

4-23 (1) The practice of architecture or residential design; or

4-24 (2) Practice as a registered interior designer,

4-25 demonstrates a significant lack of ability, knowledge or fitness to discharge

4-26 a professional obligation [.

4-27 (c)] , including, without limitation, submitting to a governmental entity

4-28 plans for the same project that are rejected by the governmental entity at

4-29 least three times or affixing his signature or seal to a design document

4-30 submitted to a governmental entity that does not conform to the

4-31 requirements set forth in paragraph (b) of subsection 1 of section 3 of

4-32 this act.

4-33 (d) "Negligence" means a deviation from the normal standard of

4-34 professional care exercised generally by other members in:

4-35 (1) The profession of architecture or residential design; or

4-36 (2) Practice as a registered interior designer.

4-37 Sec. 11. NRS 623A.280 is hereby amended to read as follows:

4-38 623A.280 The following acts, among others, constitute cause for

4-41 which were not prepared by him or under his immediate supervision.

5-1 2. A certificate holder has permitted the use of his signature or seal by

5-2 another person to evade the provisions of this chapter or any regulation

5-3 adopted by the board.

5-4 3. A certificate holder has not signed, sealed or dated instruments of

5-5 service prepared by the certificate holder.

5-6 4. A certificate holder impersonates a landscape architect of the same

5-7 or similar name.

5-8 5. A certificate holder is practicing under an assumed, fictitious or

5-9 corporate name.

5-10 6. A certificate holder is practicing landscape architecture in violation

5-11 of the provisions of this chapter or any regulation adopted by the board.

5-12 7. A certificate holder has obtained his certificate by fraud or

5-13 misrepresentation.

5-14 8. A certificate holder is guilty of fraud or deceit in the practice of

5-15 landscape architecture.

5-16 9. A certificate holder is guilty of negligence, willful misconduct or

5-17 gross incompetence [.] , including, without limitation, submitting to a

5-18 governmental entity plans for the same project that are rejected by the

5-19 governmental entity at least three times or affixing his signature or seal

5-20 to a design document submitted to a governmental entity that does not

5-21 conform to the requirements set forth in paragraph (b) of subsection 1 of

5-22 section 3 of this act. As used in this subsection, "design document" has

5-23 the meaning ascribed to it in section 2 of this act.

5-24 10. A certificate holder is convicted of, or enters a plea of nolo

5-25 contendere to:

5-26 (a) Any felony; or

5-27 (b) Any crime, an essential element of which is dishonesty, or which is

5-28 directly related to the practice of landscape architecture.

5-29 11. A certificate holder is guilty of aiding or abetting any person in the

5-30 violation of the provisions of this chapter or any regulation adopted by the

5-31 board.

5-32 12. A person is practicing as a landscape architect with a certificate

5-33 which has expired or has been suspended or revoked.

5-34 13. A certificate holder is disciplined by an agency of another state or

5-35 foreign country which regulates the practice of landscape architecture and

5-36 at least one of the grounds for the disciplinary action taken is a ground for

5-37 disciplinary action pursuant to this chapter.

5-38 Sec. 12. NRS 624.3011 is hereby amended to read as follows:

5-39 624.3011 1. The following acts, among others, constitute cause for

5-43 his authorized representative and the person entitled to have the particular

6-1 construction project or operation completed in accordance with the plans

6-2 and specifications.

6-3 (b) Failure to respond to a claim arising out of a constructional defect,

6-4 as that term is defined in NRS 40.615.

6-5 (c) Willful or deliberate disregard and violation of:

6-6 (1) The building laws of the state or of any political subdivision

6-7 thereof.

6-8 (2) The safety laws or labor laws of the state.

6-9 (3) Any provision of the Nevada health and safety laws or the

6-10 regulations adopted thereunder relating to the digging, boring or drilling of

6-11 water wells.

6-12 (4) The laws of this state regarding industrial insurance.

6-13 (d) Submitting to a governmental entity plans for the same project that

6-14 are rejected by the governmental entity at least three times.

6-15 (e) Affixing his signature or seal to a design document submitted to a

6-16 governmental entity that does not conform to the requirements set forth

6-17 in paragraph (b) of subsection 1 of section 3 of this act.

6-18 (f) Affixing his signature or seal to a design document submitted to a

6-19 governmental entity if a court of competent jurisdiction determines

6-20 subsequently that a design set forth in the design document is deficient.

6-21 2. If a contractor performs construction without obtaining any

6-22 necessary building permit, there is a rebuttable presumption that the

6-23 contractor willfully and deliberately violated the building laws of this state

6-24 or of its political subdivisions. The board shall not require the contractor to

6-25 obtain that permit more than 90 days after the construction is completed.

6-26 3. As used in this section, "design document" has the meaning

6-27 ascribed to it in section 2 of this act.

6-28 Sec. 13. NRS 625.410 is hereby amended to read as follows:

6-29 625.410 The board may take disciplinary action against a licensee, an

6-42 in paragraph (b) of subsection 1 of section 3 of this act. As used in this

7-1 subsection, "design document" has the meaning ascribed to it in section

7-2 2 of this act.

7-3 3. Aiding or abetting any person in the violation of any provision of

7-4 this chapter or regulation adopted by the board.

7-5 4. Conviction of or entry of a plea of nolo contendere to:

7-6 (a) Any felony; or

7-7 (b) Any crime, an essential element of which is dishonesty, or which is

7-8 directly related to the practice of engineering or land surveying.

7-9 5. A violation of any provision of this chapter or regulation adopted by

7-10 the board.

7-11 6. Discipline by another state or territory, the District of Columbia, a

7-12 foreign country, the Federal Government or any other governmental

7-13 agency, if at least one of the grounds for discipline is the same or

7-14 substantially equivalent to any ground contained in this chapter.

7-15 7. Practicing after the license of the professional engineer or

7-16 professional land surveyor has expired or has been suspended or revoked.

7-17 8. Failing to comply with an order issued by the board.

7-18 9. Failing to provide requested information within 30 days after receipt

7-19 of a request by the board or its investigators concerning a complaint made

7-20 to the board.