Senate Bill No. 416–Senator Titus (by request)
March 15, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Provides for inspection of elevators under certain circumstances. (BDR 40-355)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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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. Title 40 of NRS is hereby amended by adding thereto a1-2
new chapter to consist of the provisions set forth as sections 2 to 16,1-3
inclusive, of this act.1-4
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the1-5
context otherwise requires, the words and terms defined in sections 3, 41-6
and 5 of this act, have the meanings ascribed to them in those sections.1-7
Sec. 3. "Division" means the division of industrial relations of the1-8
department of business and industry.1-9
Sec. 4. "Elevator" includes an elevator, dumbwaiter, escalator,1-10
moving walk, stage lift, wheelchair lift or related equipment.1-11
Sec. 5. "Elevator constructor-mechanic" means a person who1-12
constructs, installs, relocates, improves, alters or repairs elevators.1-13
Sec. 6. 1. Except as otherwise provided in subsection 2, any1-14
elevator to which the public has access must be inspected annually by the1-15
division.2-1
2. Any elevator inspected pursuant to chapter 618 of NRS is not2-2
required to be inspected pursuant to this chapter.2-3
3. The owner of an elevator required to be inspected pursuant to2-4
subsection 1 must obtain a permit issued by the division before operating2-5
the elevator.2-6
Sec. 7. The division shall adopt such regulations as are necessary to2-7
establish standards and procedures for the inspection and operation of2-8
elevators pursuant to section 6 this act.2-9
Sec. 8. The division may charge a reasonable fee to be fixed by2-10
regulation to pay the cost of the inspection of an elevator and the2-11
issuance of a permit pursuant to section 6 of this act.2-12
Sec. 9. The division shall:2-13
1. Enforce the provisions of this chapter;2-14
2. Evaluate the qualifications of an applicant for a license as an2-15
elevator constructor-mechanic;2-16
3. Adopt regulations establishing standards of practice for persons2-17
licensed pursuant to this chapter and any other regulations necessary to2-18
carry out the provisions of this chapter; and2-19
4. Require a person licensed pursuant to this chapter to submit to the2-20
division such documentation or perform such practical demonstrations2-21
as the division deems necessary to determine whether the licensee has2-22
acquired the skills necessary to construct, install, relocate, improve, alter2-23
or repair an elevator.2-24
Sec. 10. 1. It is unlawful for any person to construct, install,2-25
relocate, improve, alter or repair an elevator within this state unless he is2-26
licensed as an elevator constructor-mechanic pursuant to sections 9 to2-27
16, inclusive, of this act.2-28
2. A person who violates subsection 1 is guilty of a misdemeanor.2-29
Sec. 11. To be eligible for a license as an elevator constructor-2-30
mechanic, an applicant must:2-31
1. Pass a written examination offered by the division that requires2-32
the applicant to demonstrate, without limitation, his knowledge and2-33
ability to use, understand and perform any calculations required to2-34
ensure that work performed on an elevator is in compliance with the2-35
regulations adopted pursuant to section 6 of this act or any regulations2-36
adopted pursuant to chapter 618 of NRS that apply to elevators;2-37
2. Have worked as an apprentice for 4 years under the direct2-38
supervision of a person holding a license as an elevator constructor-2-39
mechanic and completed the program of training for the installation and2-40
repair of elevators offered by the National Elevator Industry Educational2-41
Program or a reasonably equivalent program as determined by the2-42
division;2-43
3. Hold a contractor’s license on or before December 1, 1999; or3-1
4. Have at least 10 years of experience that is satisfactory to the3-2
division in the construction, installation, relocation, improvement,3-3
alteration or repair of elevators.3-4
Sec. 12. An apprentice who works under the direct supervision of a3-5
licensed elevator constructor-mechanic need not obtain a license as an3-6
elevator constructor-mechanic.3-7
Sec. 13. 1. A person who wishes to be licensed by the division as an3-8
elevator constructor-mechanic must:3-9
(a) Submit an application to the division on a form furnished by the3-10
division;3-11
(b) Provide evidence satisfactory to the division that he possesses the3-12
qualifications required pursuant to section 11 of this act; and3-13
(c) Pay to the division at the time of filing his application a fee of $50.3-14
2. The application must include the social security number of the3-15
applicant.3-16
Sec. 14. 1. An applicant for the issuance or renewal of a license as3-17
an elevator constructor-mechanic shall submit to the division the3-18
statement prescribed by the welfare division of the department of human3-19
resources pursuant to NRS 425.520. The statement must be completed3-20
and signed by the applicant.3-21
2. The division shall include the statement required pursuant to3-22
subsection 1 in:3-23
(a) The application or any other forms that must be submitted for the3-24
issuance or renewal of the license; or3-25
(b) A separate form prescribed by the division.3-26
3. A license as an elevator constructor-mechanic may not be issued3-27
or renewed by the division if the applicant:3-28
(a) Fails to submit the statement required pursuant to subsection 1; or3-29
(b) Indicates on the statement submitted pursuant to subsection 1 that3-30
he is subject to a court order for the support of a child and is not in3-31
compliance with the order or a plan approved by the district attorney or3-32
other public agency enforcing the order for the repayment of the amount3-33
owed pursuant to the order.3-34
4. If an applicant indicates on the statement submitted pursuant to3-35
subsection 1 that he is subject to a court order for the support of a child3-36
and is not in compliance with the order or a plan approved by the district3-37
attorney or other public agency enforcing the order for the repayment of3-38
the amount owed pursuant to the order, the division shall advise the3-39
applicant to contact the district attorney or other public agency enforcing3-40
the order to determine the actions that the applicant may take to satisfy3-41
the arrearage.4-1
Sec. 15. 1. A license for an elevator constructor-mechanic expires4-2
2 years after the date on which it is issued. An elevator constructor-4-3
mechanic may renew his license before its expiration upon:4-4
(a) Presentation of proof of completion of a program of continuing4-5
education as required by subsections 2 and 3;4-6
(b) Submission of the statement required pursuant to section 14 of this4-7
act; and4-8
(c) Payment to the division of a renewal fee of $50.4-9
2. The division shall not renew a license issued to an elevator4-10
constructor-mechanic until the licensee submits proof satisfactory to the4-11
division that he has, during the 2-year period immediately preceding the4-12
renewal of the license, completed at least 3 hours of continuing4-13
education relating to the construction, installation, relocation,4-14
improvement, alteration or repair of elevators.4-15
3. Each program of continuing education must be:4-16
(a) Offered by the National Elevator Industry Educational Program;4-17
or4-18
(b) Approved by the board.4-19
Sec. 16. 1. If the division receives a copy of a court order issued4-20
pursuant to NRS 425.540 that provides for the suspension of all4-21
professional, occupational and recreational licenses, certificates and4-22
permits issued to a person who is the holder of a license as an elevator4-23
constructor-mechanic, the division shall deem the license issued to that4-24
person to be suspended at the end of the 30th day after the date on which4-25
the court order was issued unless the division receives a letter issued to4-26
the holder of the license by the district attorney or other public agency4-27
pursuant to NRS 425.550 stating that the holder of the license has4-28
complied with the subpoena or warrant or has satisfied the arrearage4-29
pursuant to NRS 425.560.4-30
2. The division shall reinstate a license as an elevator constructor-4-31
mechanic that has been suspended by a district court pursuant to NRS4-32
425.540 if the division receives a letter issued by the district attorney or4-33
other public agency pursuant to NRS 425.550 to the person whose license4-34
was suspended stating that the person whose license was suspended has4-35
complied with the subpoena or warrant or has satisfied the arrearage4-36
pursuant to NRS 425.560.4-37
Sec. 17. Chapter 618 of NRS is hereby amended by adding thereto a4-38
new section to read as follows:4-39
The division may charge a reasonable fee to be fixed by regulation to4-40
pay the cost of the inspection of an elevator, dumbwaiter, escalator,4-41
moving walk, stage lift, wheelchair lift or related equipment inspected4-42
pursuant to this chapter.5-1
Sec. 18. Section 13 of this act is hereby amended to read as follows:5-2
Sec. 13.5-3
division as an elevator constructor-mechanic must:5-4
5-5
furnished by the division;5-6
5-7
possesses the qualifications required pursuant to section 11 of this5-8
act; and5-9
5-10
fee of $50.5-11
5-12
5-13
Sec. 19. Section 15 of this act is hereby amended to read as follows:5-14
Sec. 15. 1. A license for an elevator constructor-mechanic5-15
expires 2 years after the date on which it is issued. An elevator5-16
constructor-mechanic may renew his license before its expiration5-17
upon:5-18
(a) Presentation of proof of completion of a program of5-19
continuing education as required by subsections 2 and 3; and5-20
(b)5-21
5-22
5-23
2. The division shall not renew a license issued to an elevator5-24
constructor-mechanic until the licensee submits proof satisfactory to5-25
the division that he has, during the 2-year period immediately5-26
preceding the renewal of the license, completed at least 3 hours of5-27
continuing education relating to the construction, installation,5-28
relocation, improvement, alteration or repair of elevators.5-29
3. Each program of continuing education must be:5-30
(a) Offered by the National Elevator Industry Educational5-31
Program; or5-32
(b) Approved by the board.5-33
Sec. 20. 1. Notwithstanding the provisions of section 10 of this act, a5-34
person who has a contractor’s license pursuant to chapter 624 of NRS as of5-35
October 1, 1999, and who performs any of the functions of an elevator5-36
constructor-mechanic is not required to be licensed as an elevator5-37
constructor-mechanic pursuant to the provisions of this act before March 1,5-38
2000.5-39
2. The provisions of section 10 of this act do not apply to offenses5-40
committed before October 1, 1999.5-41
Sec. 21. The provisions of sections 13 to 16, inclusive, of this act5-42
expire by limitation on the date on which the provisions of 42 U.S.C. § 6665-43
requiring each state to establish procedures under which the state has6-1
authority to withhold or suspend, or to restrict the use of professional,6-2
occupational and recreational licenses of persons who:6-3
1. Have failed to comply with a subpoena or warrant relating to a6-4
proceeding to determine the paternity of a child or to establish or enforce6-5
an obligation for the support of a child; or6-6
2. Are in arrears in the payment for the support of one or more6-7
children,6-8
are repealed by the Congress of the United States.6-9
Sec. 22. 1. This section, sections 1 to 17, inclusive, 20 and 21 of this6-10
act become effective on October 1, 1999.6-11
2. Sections 18 and 19 of this act become effective on the date on which6-12
the provisions of 42 U.S.C. § 666 requiring each state to establish6-13
procedures under which the state has authority to withhold or suspend, or to6-14
restrict the use of professional, occupational and recreational licenses of6-15
persons who:6-16
(a) Have failed to comply with a subpoena or warrant relating to a6-17
proceeding to determine the paternity of a child or to establish or enforce6-18
an obligation for the support of a child; or6-19
(b) Are in arrears in the payment for the support of one or more6-20
children,6-21
are repealed by the Congress of the United States.~