Senate Bill No. 163–Committee on Government Affairs

 

February 15, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions relating to enforcement of building codes and zoning regulations by cities and counties. (BDR 22‑240)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to local governments; requiring cities and counties to require by ordinance certain persons who inspect buildings or perform a similar function to comply with certain requirements for certification and continuing education; 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. Chapter 278 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  “Building official” means a person employed by a city or

1-4  county who is charged with the administration and enforcement of

1-5  zoning regulations and building codes. The term includes a person

1-6  appointed to fill the position of building official pursuant to NRS 278.570

1-7  and an administrative official of the city or county who is authorized by

1-8  the city or county to assume the functions of the position of building

1-9  official pursuant to NRS 278.570.

1-10    Sec. 3.  1.  A city or county that provides for the inspection of

1-11  structures and the enforcement of zoning regulations and building codes

1-12  by means of the withholding of building permits pursuant to NRS

1-13  278.570 shall by ordinance:

1-14    (a) Establish a list of national and international organizations which

1-15  certify persons who inspect a structure or a part of a structure and which

1-16  are approved by the city or county, as appropriate, for certifying persons

1-17  pursuant to this section;

1-18    (b) Require a person who fills the position of building official, reviews

1-19  plans or inspects any part of a structure pursuant to NRS 278.570 or

1-20  278.575 to be certified by an organization on the list described in

1-21  paragraph (a);

2-1    (c) Establish requirements for continuing education for a person who

2-2  is required to be certified pursuant to this section; and

2-3    (d) Prohibit a person who is not certified or who does not fulfill the

2-4  requirements for continuing education pursuant to this section from

2-5  filling the position of building official, reviewing plans or inspecting any

2-6  part of a structure pursuant to NRS 278.570 or 278.575.

2-7    2.  The requirements for continuing education established pursuant

2-8  to paragraph (c) of subsection 1 must include the completion of at least

2-9  4.5 units of continuing education every 3 years and must specify the

2-10  methods by which a person may obtain the units of continuing education.

2-11  The methods must allow a person to earn:

2-12    (a) One-tenth of a unit for each hour he attends a seminar or session

2-13  which is taught by an approved professional organization;

2-14    (b) One unit for each hour of credit for a course he completes which

2-15  is on a subject approved by the city or county and which is offered at an

2-16  approved academic institution;

2-17    (c) Not more than one unit for each correspondence course or other

2-18  course he completes which is designed for home study and which is

2-19  sponsored by a model code organization or an approved academic

2-20  institution;

2-21    (d) One-tenth of a unit for each hour he instructs a seminar or session

2-22  for an approved professional organization;

2-23    (e) One unit for each hour of credit for a course he instructs which is

2-24  on a subject approved by the city or county and which is offered at an

2-25  approved academic institution, not to exceed two units per 3-year period

2-26  for instructing the same course;

2-27    (f) One unit for each paper, book or technical article that he writes

2-28  which is published for an approved academic institution or for a trade

2-29  journal or magazine of an approved professional organization, not to

2-30  exceed three units per 3-year period;

2-31    (g) One-tenth of a unit for each hour he attends a hearing for the

2-32  development of a uniform or model code of standards for construction

2-33  that is conducted by a model code organization, not to exceed one unit

2-34  per year;

2-35    (h) Not more than one unit for 3 years of continuous employment as a

2-36  building official, reviewer of plans or building inspector; and

2-37    (i) One-half unit for each committee or board of a model code

2-38  organization upon which he serves for a year, not to exceed one unit per

2-39  year.

2-40    3.  As used in this section:

2-41    (a) “Approved academic institution” means an accredited college or

2-42  university or any other academic institution that is approved by the city

2-43  or county for purposes of this section.

2-44    (b) “Approved professional organization” means a model code

2-45  organization or a national or international organization of professionals

2-46  in the construction industry that is approved by the city or county for

2-47  purposes of this section.

2-48    (c) “Model code organization” means an organization that adopts a

2-49  national or international uniform or model code of standards for

3-1  construction, including, without limitation, the Council of American

3-2  Building Officials, the International Conference of Building Officials

3-3  and the International Association of Plumbing and Mechanical Officials,

3-4  which is approved by the city or county for purposes of this section.

3-5    Sec. 4.  NRS 278.010 is hereby amended to read as follows:

3-6    278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2

3-7  and 3 of this act, unless the context otherwise requires, the words and

3-8  terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of

3-9  this act have the meanings ascribed to them in those sections.

3-10    Sec. 5.  NRS 278.564 is hereby amended to read as follows:

3-11    278.564  1.  Any deed restrictions in the unincorporated area of a

3-12  county whose population is 100,000 or more but less than 400,000,

3-13  recorded after July 1, 1973, may provide for the establishment and

3-14  operation, under appropriate rules and procedure, of a construction

3-15  committee.

3-16    2.  As soon as a construction committee has been established and

3-17  organized pursuant to the provisions of subsection 1, and no later than

3-18  January 1 of each year thereafter, the officers of the committee shall file an

3-19  affidavit with the building [inspector] official having jurisdiction over the

3-20  area within which the subdivision is situated, identifying the committee as

3-21  the constituted construction committee empowered pursuant to recorded

3-22  deed restrictions to determine compliance with those restrictions on lots in

3-23  the subdivision. The affidavit must also set forth the names of the officers

3-24  of the committee, including the address of a particular officer designated as

3-25  the authorized representative of the committee for the purposes of NRS

3-26  278.563 to 278.568, inclusive.

3-27    Sec. 6.  NRS 278.565 is hereby amended to read as follows:

3-28    278.565  1.  A copy of deed restrictions proposed for a subdivision in

3-29  a county whose population is 100,000 or more but less than 400,000 must

3-30  be filed with the planning commission or governing body with the tentative

3-31  map.

3-32    2.  Upon final approval of the subdivision, a copy of the restrictions

3-33  must be:

3-34    (a) Filed with the building [inspector] official having jurisdiction over

3-35  the area within which the subdivision is situated.

3-36    (b) Presented to each prospective purchaser of real property within the

3-37  subdivision.

3-38    3.  The original copy of the restrictions may be recorded with the

3-39  county recorder immediately following the recording of the final map.

3-40    Sec. 7.  NRS 278.566 is hereby amended to read as follows:

3-41    278.566  1.  Except as provided in subsection 3, the building

3-42  [inspector] official in a county whose population is 100,000 or more but

3-43  less than 400,000, shall not issue any building permit for the construction,

3-44  reconstruction, alteration or use of any building or other structure on a lot

3-45  subject to deed restrictions unless he has received a written report thereon

3-46  from the construction committee.

3-47    2.  An application for a written report must be made by certified mail

3-48  addressed to the authorized representative of the construction committee. If

3-49  the construction committee fails or refuses to submit its written report to

4-1  the building [inspector] official within 20 days from the date of its receipt

4-2  of a written request therefor, the building [inspector] official must proceed

4-3  as provided by law in cases where there is no functioning construction

4-4  committee.

4-5    3.  This section does not apply if the cost of the construction,

4-6  reconstruction, alteration or use specified in subsection 1 is $500 or less.

4-7    Sec. 8.  NRS 278.567 is hereby amended to read as follows:

4-8    278.567  If the construction committee required by NRS 278.564 fails

4-9  to be organized, is dissolved or becomes inactive:

4-10    1.  The building [inspector] official may issue an otherwise proper

4-11  building permit for an improvement on property subject to deed

4-12  restrictions.

4-13    2.  An owner or owners of real property within a subdivision may

4-14  lawfully undertake to prevent, or seek damages by reason of, a violation of

4-15  deed restrictions pertaining to such subdivision.

4-16    Sec. 9.  NRS 278.570 is hereby amended to read as follows:

4-17    278.570  1.  The governing body of any city or county may provide

4-18  for the inspection of structures and the enforcement of the zoning

4-19  regulations and building codes by means of the withholding of building

4-20  permits. For such purpose the governing body may establish and fill a

4-21  position of city or county building [inspector,] official, and may fix the

4-22  compensation attached to the position, or may authorize an administrative

4-23  official of the city or county to assume the functions of the position in

4-24  addition to his customary functions. A building official must comply with

4-25  the requirements for certification and continuing education enacted

4-26  pursuant to section 3 of this act.

4-27    2.  The building [inspector] official may appoint such employees as he

4-28  may deem necessary for the fulfillment of the duties of his position. The

4-29  appointment, promotion, demotion and removal of such employees shall be

4-30  subject to the same provisions of law as govern other corresponding civil

4-31  employees in the city or county. Any employee appointed pursuant to this

4-32  subsection whose duties include the reviewing of plans or the inspection

4-33  of any portion of a structure must comply with the requirements for

4-34  certification and continuing education enacted pursuant to section 3 of

4-35  this act.

4-36    3.  The expenditures of the building [inspector] official shall be within

4-37  the amounts appropriated for the purpose by the governing body which

4-38  may provide the funds, equipment and accommodations necessary for the

4-39  building [inspector’s] official’s work.

4-40    Sec. 10.  NRS 278.573 is hereby amended to read as follows:

4-41    278.573  1.  A building [inspector] official who issues a permit to the

4-42  owner of a residence to construct, alter, repair, add to, subtract from,

4-43  improve, move, wreck or demolish the residence shall, at the same time,

4-44  deliver to him a statement. The owner of the residence shall acknowledge

4-45  in writing receipt of the statement.

4-46    2.  The statement delivered by the building [inspector] official must

4-47  include the following text:

4-48  State law requires construction to be done by licensed contractors.

4-49  You have applied for a permit under an exemption to that law. The

5-1  exemption allows you, as the owner of your property, to act as your

5-2  own contractor with certain restrictions although you do not have a

5-3  license.

5-4  You must directly supervise the construction, on the job, yourself.

5-5  The building or residence must be for your own use or occupancy. It

5-6  may not be built or substantially improved for sale or lease. If you sell

5-7  or lease a building you have built or substantially improved yourself

5-8  within 1 year after the construction is complete, it is presumed that

5-9  you built or substantially improved it for sale or lease, which is a

5-10  violation of this exemption and a violation of chapter 624 of NRS.

5-11  You may not hire an unlicensed person to act as your contractor or

5-12  to supervise people working on your building. It is your responsibility

5-13  to make sure that people employed by you have the licenses required

5-14  by state law and by county or municipal licensing ordinances. You

5-15  may not delegate the responsibility for supervising work to a

5-16  contractor unless he is licensed to perform the work being done. Any

5-17  person working on your building who is not licensed must work under

5-18  your direct supervision and must be employed by you, which means

5-19  that you must deduct FICA and withholding tax and provide industrial

5-20  insurance and pay the required contribution for unemployment

5-21  compensation for that employee, and comply with other state and

5-22  federal laws relating to employment. Your construction must comply

5-23  with all applicable laws, ordinances, building codes and zoning

5-24  regulations.

5-25    Sec. 11.  NRS 278.575 is hereby amended to read as follows:

5-26    278.575  The governing body of a city or county which, pursuant to

5-27  NRS 278.570, appoints a building [inspector or authorizes an

5-28  administrative official of the city or county to assume the functions of that

5-29  position,] official may establish a program to allow independent

5-30  contractors who comply with the requirements for certification and

5-31  continuing education enacted pursuant to section 3 of this act to review

5-32  plans for and inspect buildings on behalf of [that building inspector or

5-33  administrative] the building official.

5-34    Sec. 12.  NRS 278.587 is hereby amended to read as follows:

5-35    278.587  A city or county building [department] official shall notify the

5-36  state board of professional engineers and land surveyors in writing if a

5-37  licensed professional engineer or land surveyor:

5-38    1.  Submits plans that are substantially incomplete; or

5-39    2.  Submits plans for the same project that are rejected by the

5-40  department at least three times.

5-41    Sec. 13.  NRS 278.589 is hereby amended to read as follows:

5-42    278.589  A city or county building [inspector, or other officer

5-43  performing the functions of that position,] official shall notify the state

5-44  board of architecture, interior design and residential design in writing if a

5-45  registered architect, interior designer or residential designer:

5-46    1.  Submits plans for a project which are substantially incomplete; or

5-47    2.  Submits plans for the same project which are rejected by the city or

5-48  county [officer] building official at least three times.

 

6-1    Sec. 14.  NRS 278.610 is hereby amended to read as follows:

6-2    278.610  1.  After [the establishment of the position of building

6-3  inspector and the filling of the position as provided in] a building official

6-4  is appointed pursuant to NRS 278.570, it is unlawful to erect, construct,

6-5  reconstruct, alter or change the use of any building or other structure within

6-6  the territory covered by the building code or zoning regulations without

6-7  obtaining a building permit from the building [inspector.] official.

6-8    2.  The building [inspector] official shall not issue any permit unless

6-9  the plans of and for the proposed erection, construction, reconstruction,

6-10  alteration or use fully:

6-11    (a) Conform to all building code and zoning regulations then in effect.

6-12    (b) If applicable, comply with the provisions of NRS 393.110.

6-13    3.  A building [inspector] official shall not issue a building permit to a

6-14  person acting for another unless the applicant proves to the satisfaction of

6-15  the building [inspector] official that he is licensed as a contractor for that

6-16  work pursuant to the provisions of chapter 624 of NRS.

6-17    Sec. 15.  NRS 40.670 is hereby amended to read as follows:

6-18    40.670  1.  A contractor who receives written notice of a

6-19  constructional defect resulting from work performed by the contractor or

6-20  his agent, employee or subcontractor which creates an imminent threat to

6-21  the health or safety of the inhabitants of the residence shall take reasonable

6-22  steps to cure the defect as soon as practicable. The contractor shall not cure

6-23  the defect by making any repairs for which he is not licensed or by causing

6-24  any repairs to be made by a person who is not licensed to make those

6-25  repairs. If the contractor fails to cure the defect in a reasonable time, the

6-26  owner of the residence may have the defect cured and may recover from

6-27  the contractor the reasonable cost of the repairs plus reasonable attorney’s

6-28  fees and costs in addition to any other damages recoverable under any

6-29  other law.

6-30    2.  A contractor who does not cure a defect pursuant to this section

6-31  because he has determined, in good faith and after a reasonable inspection,

6-32  that there is not an imminent threat to the health or safety of the inhabitants

6-33  is not liable for attorney’s fees and costs pursuant to this section, except

6-34  that if a building inspector , building official or other similar authority

6-35  employed by a governmental body with jurisdiction certifies that there is

6-36  an imminent threat to the health and safety of the inhabitants of the

6-37  residence, the contractor is subject to the provisions of subsection 1.

6-38    Sec. 16.  NRS 384.080 is hereby amended to read as follows:

6-39    384.080  1.  The commission is vested with all of the functions and

6-40  powers relating to the administration of NRS 384.010 to 384.210,

6-41  inclusive.

6-42    2.  It may, to the extent permitted by money appropriated or otherwise

6-43  received therefor, employ such technical and clerical personnel, including a

6-44  building inspector[,] or other similar authority, as may be necessary to the

6-45  discharge of its duties, and fix their compensation.

6-46    Sec. 17.  NRS 384.110 is hereby amended to read as follows:

6-47    384.110  1.  No structure may be erected, reconstructed, altered,

6-48  restored, moved or demolished within the historic district until after an

6-49  application for a certificate of appropriateness as to exterior architectural

7-1  features has been submitted to and approved by the commission. The

7-2  application for a certificate of appropriateness shall be in such form and

7-3  accompanied by such plans, specifications and other material as the

7-4  commission may from time to time prescribe.

7-5    2.  In its deliberations under the provisions of NRS 384.010 to 384.210,

7-6  inclusive, the commission shall not consider interior arrangement or use,

7-7  and shall take no action under NRS 384.010 to 384.210, inclusive, except

7-8  for the purpose of preventing the erection, reconstruction, restoration,

7-9  alteration, moving or razing of buildings in the district obviously

7-10  incongruous with the historic aspects of the district.

7-11    3.  [Nothing in] The provisions of NRS 384.010 to 384.210, inclusive,

7-12  [prevents:] do not prevent:

7-13    (a) The ordinary maintenance or repair of any exterior architectural

7-14  feature in the historic district which does not involve a change of design or

7-15  material or the outward appearance thereof;

7-16    (b) The construction, reconstruction, alteration or demolition of any

7-17  such feature which the building inspector or similar authority certifies is

7-18  required by the public safety because of an unsafe or dangerous condition;

7-19  or

7-20    (c) The construction, reconstruction, alteration or demolition of any

7-21  such feature under a permit issued by a building inspector or similar

7-22  authority prior to the effective date of the establishment of such district.

7-23    Sec. 18.  NRS 384.190 is hereby amended to read as follows:

7-24    384.190  1.  The building inspector or similar authority employed by

7-25  the commission may investigate, inspect and examine any structure, place

7-26  or area in the district, either in connection with an application for a

7-27  certificate of appropriateness, or at any time to determine whether it is in

7-28  violation of any provision of NRS 384.010 to 384.210, inclusive, or any

7-29  regulation or order adopted or issued under authority of NRS 384.010 to

7-30  384.210, inclusive.

7-31    2.  Whenever any work is being done contrary to the provisions of NRS

7-32  384.010 to 384.210, inclusive, the building inspector or similar authority

7-33  may order the work stopped by notice in writing served on any person

7-34  engaged in the doing or causing such work to be done, and any such person

7-35  shall forthwith stop such work until authorized by the commission to

7-36  proceed with the work.

7-37    Sec. 19.  NRS 405.040 is hereby amended to read as follows:

7-38    405.040  1.  It shall be unlawful for any person, firm, association or

7-39  corporation, personally or by agent, to erect, place or maintain any

7-40  billboard, sign or any form of notice or advertising outside the city limits of

7-41  any city or town:

7-42    (a) On the public domain;

7-43    (b) On land owned or leased by such advertiser or agent but not used as

7-44  the site for manufacturing the goods or articles advertised; or

7-45    (c) On the lands of another except where, by painting, an area of the

7-46  barns or other outbuildings thereon may be preserved (for the purposes of

7-47  this paragraph “area” is defined as the entire wall or roof aspect on which

7-48  an advertisement may be painted),

8-1  without first having secured from the county building [inspector,] official,

8-2  if one has been appointed pursuant to NRS 278.570, or if not, from the

8-3  county clerk of the county in which the sign may be located a permit to

8-4  erect, or continue the use of, such sign, billboard or other form of notice or

8-5  advertisement.

8-6    2.  No permit for the erection of such sign, billboard or other form of

8-7  advertisement shall be issued unless and until the applicant shall have paid

8-8  a fee in the sum of $5. On the tender of the fee the county building

8-9  [inspector] official or county clerk shall issue the permit.

8-10    3.  No fee shall be required for any billboard, sign or advertisement

8-11  erected or placed by any farm bureau, chamber of commerce or lawful

8-12  authority to advertise exclusively any city, town or geographic area, or

8-13  public event.

8-14    4.  This section shall not apply to the owner or occupant of any land

8-15  outside the limits of any city, who may place or erect on the land or on the

8-16  outbuildings thereon any sign or notice or advertisement intended to

8-17  benefit the land or improvements thereon and advertise the business

8-18  conducted in the buildings on the land.

8-19    Sec. 20.  NRS 405.060 is hereby amended to read as follows:

8-20    405.060  On granting a permit the county building [inspector] official

8-21  or county clerk shall assign a permit number which shall be painted or

8-22  printed, together with the name of the county in which the permit is issued,

8-23  on every sign, billboard or other form of advertising, as the case may be,

8-24  placed under NRS 405.020 to 405.100, inclusive.

8-25    Sec. 21.  NRS 523.164 is hereby amended to read as follows:

8-26    523.164  1.  The director shall adopt regulations for the conservation

8-27  of energy in buildings, including manufactured homes, which establish the

8-28  minimum standards for:

8-29    (a) The construction of floors, walls, ceilings and roofs;

8-30    (b) The equipment and systems for heating, ventilation and air-

8-31  conditioning;

8-32    (c) Electrical equipment and systems;

8-33    (d) Insulation; and

8-34    (e) Other factors which affect the use of energy in a building.

8-35    2.  The director may exempt a building from a standard if he

8-36  determines that application of the standard to the building would not

8-37  accomplish the purpose of the regulations.

8-38    3.  The regulations must authorize allowances in design and

8-39  construction for solar, wind or any other renewable source of energy used

8-40  to supply all or a part of the energy required in a building.

8-41    4.  The standards adopted by the director are the minimum standards

8-42  for the conservation of energy which apply only to areas in which the

8-43  governing body of the local government has not adopted standards for the

8-44  conservation of energy in buildings. Such governing bodies shall assist the

8-45  director in the enforcement of the regulations adopted pursuant to this

8-46  section.

8-47    5.  The director shall solicit comments regarding the adoption of

8-48  regulations pursuant to this section from:

8-49    (a) Persons in the business of constructing and selling homes;

9-1    (b) Contractors;

9-2    (c) Public utilities;

9-3    (d) Local building [inspectors;] officials; and

9-4    (e) The general public,

9-5  before adopting any regulations. The director must conduct at least three

9-6  hearings in different locations in the state, after giving 30 days’ notice of

9-7  each hearing, before he may adopt any regulations pursuant to this section.

9-8    Sec. 22.  NRS 618.425 is hereby amended to read as follows:

9-9    618.425  1.  Any employee, representative of employees, provider of

9-10  health care or governmental officer or employee whose primary duty is to

9-11  ensure public safety, including a building inspector, building official or

9-12  other similar authority, believing that a violation of a safety or health

9-13  standard exists that threatens physical harm, or that an imminent danger

9-14  exists, may request an investigation by giving notice, orally or in writing,

9-15  to the administrator or his representative of the violation or danger.

9-16    2.  The person giving the notice must state with reasonable particularity

9-17  the grounds for the notice. The name of any employee giving a complaint

9-18  notice or names of employees mentioned in the complaint must be held

9-19  confidential. If the complaint is given orally, the division shall send to the

9-20  complainant a form upon which he may supplement his oral complaint. His

9-21  failure to return the form does not affect the division’s duty to act pursuant

9-22  to this section.

9-23    3.  If upon receipt of the notification the division determines that there

9-24  are reasonable grounds to believe that a violation or imminent danger

9-25  exists, it shall make a special investigation within 14 days unless there is a

9-26  substantial probability that death or serious physical harm could result from

9-27  the violation or danger, then the investigation must be made immediately

9-28  after the administrator receives the notice to determine whether a violation

9-29  or imminent danger exists. The division need not investigate a complaint

9-30  within the times required by this subsection if, from the facts stated in the

9-31  complaint, the administrator determines that the complaint is intended

9-32  solely to harass the employer. If the division determines that there are no

9-33  reasonable grounds to believe that a violation or imminent danger exists, it

9-34  shall notify the employees or other person who gave the notice of such

9-35  determination within 14 days after the administrator receives the notice.

9-36    Sec. 23.  NRS 618.435 is hereby amended to read as follows:

9-37    618.435  1.  Before or during any inspection of a workplace, any

9-38  employee, representative of employees, provider of health care or

9-39  governmental officer or employee whose primary duty is to ensure public

9-40  safety, including a building inspector, building official or other similar

9-41  authority, may notify the administrator or any representative of the

9-42  administrator responsible for conducting the inspection, orally or in

9-43  writing, of any violation of this chapter which they have reason to believe

9-44  exists in the workplace. The division shall by regulation establish

9-45  procedures for informal review of any refusal by a representative of the

9-46  administrator to issue a citation with respect to any such alleged violation

9-47  and shall furnish the employees or other persons requesting the review a

9-48  written statement of the reasons for the administrator’s final disposition of

9-49  the case within 14 days after the administrator receives the notice.

10-1    2.  An opportunity must be afforded to a representative of the employer

10-2  and an authorized representative of the employees to accompany the

10-3  representative of the division during the physical inspection of the place of

10-4  employment or, where there is no authorized representative of the

10-5  employees, consultation must be had with a reasonable number of

10-6  employees, but no more than one employee may accompany the division’s

10-7  representative during the inspection.

10-8    3.  Any employee of the employer who accompanies the representative

10-9  of the division during the inspection pursuant to subsection 2 is entitled to

10-10  be paid by the employer at his regular rate of pay for the time spent with

10-11  the representative of the division inspecting the place of employment if he

10-12  would have otherwise been compensated for working during that time.

10-13  4.  For the purposes of this section, “representative of an employee”

10-14  means a person previously identified to the division as an authorized

10-15  representative of the employee bargaining unit of a labor organization

10-16  which has a collective bargaining relationship with the employer and

10-17  represents the affected employees.

10-18  Sec. 24.  NRS 645D.100 is hereby amended to read as follows:

10-19  645D.100  The provisions of this chapter do not apply to:

10-20  1.  A federal or state employee, or an employee of a local government,

10-21  who prepares or communicates an inspection report as part of his official

10-22  duties, unless a certificate is required as a condition of his employment.

10-23  2.  A person appointed to evaluate real estate pursuant to chapter 152 of

10-24  NRS or NRS 269.125, except as required by the appointing judge.

10-25  3.  A board of appraisers acting pursuant to NRS 269.135.

10-26  4.  A person licensed, certified or registered pursuant to chapter 645,

10-27  645C or 684A of NRS while he is performing an act within the scope of his

10-28  license, certification or registration.

10-29  5.  A person who makes an evaluation of an improvement as an

10-30  incidental part of his employment for which special compensation is not

10-31  provided, if that evaluation is only provided to his employer for internal

10-32  use within the place of his employment.

10-33  6.  A person who provides an estimate of cost, repair or replacement of

10-34  any improvements upon real estate.

10-35  7.  Any person who reviews plans, performs inspections, prepares

10-36  inspection reports or examines any component of a structure or

10-37  construction pursuant to NRS 278.570 and 278.575.

10-38  Sec. 25.  Notwithstanding the provisions of this act, a city or county

10-39  shall not require a person to comply with the requirements for certification

10-40  and continuing education pursuant to the provisions of section 3 of this act

10-41  before October 1, 2007.

 

10-42  H