2001 REGULAR SESSION (71st)                                                                             A SB516 562

Amendment No. 562

 

 

 

     Amend section 1, page 2, line 2, by deleting “13,” and inserting “11,”.

     Amend sec. 2, page 2, line 3, by deleting “12,” and inserting “10,”.

     Amend sec. 10, page 4, line 23, by deleting “12,” and inserting “10,”.

     Amend sec. 10, page 4, line 33, by deleting “12,” and inserting “10,”.

     Amend the bill as a whole by deleting sections 11 and 12 and renumbering sections 13 and 14 as sections 11 and 12.

     Amend the bill as a whole by deleting sec. 15, renumbering sections 16 through 22 as sections 14 through 20 and adding a new section designated sec. 13, following sec. 14, to read as follows:

     “Sec. 13. NRS 624.270 is hereby amended to read as follows:

     624.270  1.  Before issuing a contractor’s license to any applicant, the board shall require that the applicant:

     (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

     (b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.

     2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

     3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.

     4.  Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than [$100,000.] $500,000. The bond must be continuous in form , issued by a bonding company with a rating not lower than “A” or its equivalent as determined by a nationally recognized rating service, and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.291. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it. The board shall fix the amount of the bond for a licensee who has acted in the capacity of a licensed contractor in the State of Nevada for less than 5 consecutive years at the maximum amount reasonable with reference to the contractor’s financial and professional responsibility and the magnitude of his operations until the contractor establishes a reliable record of performance with the board.

     5.  [After] The board shall require a licensee who has acted in the capacity of a licensed contractor in the State of Nevada for less than 5 consecutive years and any contractor who has been disciplined by the board to provide a performance bond for each new contract in an amount equal to a percentage of the contract price as determined by the board. Except as otherwise provided in this subsection, after a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board. The board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement or, pursuant to subsection 6, after notification of a final written decision by the labor commissioner. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

     6.  If the board is notified by the labor commissioner pursuant to NRS 607.165 that three substantiated claims for wages have been filed against a contractor within a 2-year period, the board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the board. The contractor shall maintain the bond or cash deposit for the period required by the board.

     7.  As used in this section, “substantiated claims for wages” has the meaning ascribed to it in NRS 607.165.”.

     Amend sec. 17, page 7, line 9, by deleting “40” and inserting “37”.

     Amend sec. 18, page 7, line 17, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 21, page 7, by deleting line 26 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 22, page 7, line 36, by deleting “19” and inserting “17”.

     Amend sec. 22, page 7, by deleting line 37 and inserting:

“20, inclusive, of this act, and sections 2 to 10, inclusive, of this act shall”.

     Amend sec. 22, page 7, line 43, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 22, page 7, line 44, by deleting “12,” and inserting “10,”.

     Amend the bill as a whole by deleting sec. 23 and renumbering sections 24 through 45 as sections 21 through 42.

     Amend sec. 24, page 9, lines 17 and 18, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 24, page 9, lines 19 and 20, by deleting:

“19 and 20” and inserting:

“17 and 18”.

     Amend sec. 26, page 9, line 30, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 26, page 9, line 31, by deleting “12,” and inserting “10,”.

     Amend sec. 27, page 9, line 46, by deleting “12,” and inserting “10,”.

     Amend sec. 28, page 11, line 34, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 28, page 11, line 35, by deleting “12,” and inserting “10,”.

     Amend sec. 28, page 12, line 2, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 28, page 12, line 3, by deleting “12,” and inserting “10,”.

     Amend sec. 29, page 12, line 13, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 29, page 12, line 14, by deleting “12,” and inserting “10,”.

     Amend sec. 29, page 12, line 38, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 29, page 12, line 41, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 30, page 12, line 47, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 30, page 12, line 48, by deleting “12,” and inserting “10,”.

     Amend sec. 31, page 13, line 46, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 31, page 13, line 47, by deleting “12,” and inserting “10,”.

     Amend sec. 31, page 14, line 1, by deleting “19” and inserting “17”.

     Amend sec. 31, page 14, by deleting line 2 and inserting:

“to 20, inclusive, of this act, and sections 2 to 10, inclusive, of this act”.

     Amend sec. 32, page 14, by deleting line 8 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 32, page 15, line 15, by deleting “12,” and inserting “10,”.

     Amend sec. 32, page 15, by deleting line 34 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 32, page 15, line 40, by deleting “19” and inserting “17”.

     Amend sec. 32, page 15, by deleting line 41 and inserting:

“20, inclusive, of this act, and sections 2 to 10, inclusive, of this act.”.

     Amend sec. 32, page 15, line 44, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 32, page 15, line 45, by deleting “12,” and inserting “10,”.

     Amend sec. 32, page 16, line 7, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 32, page 16, line 8, by deleting “12,” and inserting “10,”.

     Amend sec. 33, page 16, line 20, by deleting “12,” and inserting “10,”.

     Amend sec. 34, page 18, by deleting line 43 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 34, page 19, line 4, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 34, page 19, line 5, by deleting “12,” and inserting “10,”.

     Amend sec. 34, page 19, line 14, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 34, page 19, line 15, by deleting “12,” and inserting “10,”.

     Amend sec. 35, page 19, by deleting line 21 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 35, page 19, line 24, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 35, page 19, line 25, by deleting “12,” and inserting “10,”.

     Amend sec. 36, page 19, by deleting line 33 and inserting:

“and sections 17 to 20, inclusive, of this act, and sections 2 to 10,”.

     Amend sec. 36, page 19, line 38, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 36, page 19, line 39, by deleting “12,” and inserting “10,”.

     Amend sec. 36, page 19, line 44, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 36, page 19, line 45, by deleting “12,” and inserting “10,”.

     Amend sec. 37, page 20, by deleting line 4 and inserting:

“sections 17 to 20, inclusive, of this act, and sections 2 to 10, inclusive, of”.

     Amend sec. 37, page 20, line 10, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 37, page 20, line 11, by deleting “12,” and inserting “10,”.

     Amend sec. 37, page 20, line 27, by deleting “19” and inserting “17”.

     Amend sec. 37, page 20, by deleting line 28 and inserting:

“to 20, inclusive, of this act, and sections 2 to 10, inclusive, of this act”.

     Amend sec. 38, page 20, line 33, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 38, page 20, line 34, by deleting “12,” and inserting “10,”.

     Amend sec. 38, page 20, line 39, by deleting “12,” and inserting “10,”.

     Amend sec. 39, page 21, line 7, by deleting:

“19 to 23,” and inserting:

“17 to 20,”.

     Amend sec. 39, page 21, line 8, by deleting “12,” and inserting “10,”.

     Amend sec. 41, page 22, line 10, by deleting “40” and inserting “37”.

     Amend sec. 43, page 23, line 41, by deleting “40” and inserting “37”.

     Amend sec. 45, page 26, line 26, by deleting “40” and inserting “37”.

     Amend the bill as a whole by adding new sections designated sections 43 through 45, following sec. 45, to read as follows:

     “Sec. 43.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 44 and 45 of this act.

     Sec. 44. 1.  Except as otherwise provided in this subsection, the governing body of each city and county shall not accept an application for a building permit for a project that includes the construction of new footings or a new foundation for a structure or that requires excavation or embankment of more than 5,000 cubic yards of earth, unless the application is submitted with a geotechnical report. The governing body may waive the requirement of the geotechnical report for any project other than a project involving a residential dwelling unit.

     2.  The geotechnical report required pursuant to subsection 1 must include:

     (a) Information concerning the soil and geology of the site where the project will be carried out;

     (b) Information concerning the ground water on the site where the project will be carried out and the potential that the ground water may adversely affect the foundation of the project;

     (c) A written statement from the architect, civil engineer or structural engineer who was responsible for the design of the project verifying that the design of the project is compatible with the geotechnical conditions described in paragraphs (a) and (b);

     (d) A written statement from a geotechnical engineer who has reviewed the plans for the grading and foundation of the project verifying that the project is geotechnically in compliance with the geotechnical conditions of the site as described in paragraphs (a) and (b); and

     (e) Any other information required by the governing body.

     3.  The governing body of each city and county shall require by ordinance the submission of a final report concerning grading of the property, the elevation of the finished floor and the drainage on the property for each construction project for which a geotechnical report is required pursuant to subsection 1.

     4.  The ordinance adopted pursuant to subsection 3 must require:

     (a) The final report concerning grading of the property to include certification that the grading and the excavating or embanking work complies with the requirements set forth in the geotechnical report completed pursuant to subsection 1 and any supplements or addenda to the report;

     (b) The final report concerning the elevation of the finished floor to include certification that the lowest elevation of the finished floor of the project that is habitable complies with the plans for the project that were approved by the governing body; and

     (c) The final report concerning the drainage on the property to include:

          (1) A statement that the conditions of the drainage system on the site of the project at the completion of the project complies with the plan for drainage or the plan for the plot and grading that was approved by the governing body; and

          (2) If the plans for the project that were approved by the governing body required a drainage system or facilities, structures or devices for drainage that were designed by an engineer, verification from a civil engineer that the drainage system and any facilities, structures or devices for drainage were installed and constructed in compliance with those plans. Devices for drainage include, without limitation, detention of drainage on the site, drainage from one lot to another lot and devices for conveying drainage.

     5.  The governing body of each city and county shall adopt an ordinance that requires a developer to provide a person who purchases a completed construction project described in subsection 1 with a written report concerning the applicable building codes and regulations and any recommendations of a geotechnical engineer and a civil engineer concerning the use of the project. The ordinance must provide that this report is part of the sales documents that must be acknowledged by the buyer.

     6.  As used in this section, “residential dwelling unit” has the meaning ascribed to it in NRS 278.4977.

     Sec. 45.  The governing body of each city and county shall adopt ordinances to ensure the prevention and mitigation of harm to a building or structure caused by water that is standing under the building or structure.”.

     Amend sec. 46, page 26, line 30, by deleting:

“October 1, 2001.” and inserting:

“the effective date of this act.”.

     Amend sec. 47, page 26, line 31, by deleting “40” and inserting “37”.

     Amend sec. 47, page 26, line 32, by deleting:

“October 1, 2001.” and inserting:

“the effective date of this act.”.

     Amend the bill as a whole by adding a new section designated sec. 48, following sec. 47, to read as follows:

     “Sec. 48. This act becomes effective upon passage and approval.”

     Amend the preamble of the bill, page 1, by deleting line 11 and inserting:

     “Whereas, To accomplish this goal, homeowners and builders need to cooperate with each other and”.

     Amend the title of the bill, ninth line, after “communities;” by inserting:

“requiring the governing body of each city and county to require a geotechnical report as a condition to obtaining a building permit and additional information concerning a completed project; requiring certain information to be provided to a purchaser of a construction project;”.