SB163_EN

Senate Bill No. 163–Committee on Government Affairs

CHAPTER..........

AN ACT relating to local governments; requiring a city or county to establish requirements for certifying and for continuing education for building officials and certain persons who conduct inspections of or review plans prepared for structures or buildings under certain circumstances; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

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

county who is charged with the administration and enforcement of

building codes. The term includes a person appointed to fill the position

of building official pursuant to NRS 278.570 and an administrative

official of the city or county who is authorized by the city or county to

assume the functions of the position of building official pursuant to

NRS 278.570.

Sec. 3. 1. Except as otherwise provided in subsection 2, in a county

whose population is 100,000 or more, or in any city located within such

a county, if the city or county provides for the inspection of structures

and the enforcement of building codes pursuant to NRS 278.570,

278.573 and 278.575, the city or county shall:

(a) Prepare a list of national and international organizations which

certify persons who inspect a structure or a portion of a structure and

which are approved by the city or county, as appropriate, for certifying

persons pursuant to this subsection;

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

plans or inspects a structure or building or a portion of a structure or

building pursuant to NRS 278.570 or 278.575 to be certified by an

organization included on the list prepared pursuant to paragraph (a);

is required to be certified pursuant to this subsection; and

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

requirements for continuing education pursuant to this subsection from

filling the position of building official, reviewing plans or inspecting a

structure or building or a portion of a structure or building pursuant to

NRS 278.570 or 278.575.

2. A city or county specified in subsection 1 may authorize an

employee of the city or county to perform duties for which certification is

required pursuant to that subsection if those duties are performed under

the supervision of a person who is certified by an organization that is

included on the list prepared by the city or county pursuant to paragraph

(a) of that subsection. The city or county may authorize an employee to

perform duties pursuant to this subsection for not more than 1 year.

3. The requirements for continuing education established pursuant

to paragraph (c) of subsection 1 must:

(a) Include the completion of at least 45 hours of continuing

education every 3 years; and

(b) Specify the manner in which a person may complete those hours.

4. In a county whose population is less than 100,000, or in any city

located within such a county, if the city or county provides for the

inspection of structures and the enforcement of building codes pursuant

to NRS 278.570, 278.573 and 278.575, the city or county shall, by

resolution, establish the requirements for certifying and for continuing

education for a person who, on a full-time basis, fills the position of

building official, reviews plans or inspects a structure or building or a

portion of a structure or building pursuant to NRS 278.570 or 278.575.

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

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

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

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

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

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

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

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

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

operation, under appropriate rules and procedure, of a construction

committee.

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

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

January 1 of each year thereafter, the officers of the committee shall file

an affidavit with the building [inspector] official having jurisdiction over

the area within which the subdivision is situated, identifying the

committee as the constituted construction committee empowered pursuant

to recorded deed restrictions to determine compliance with those

restrictions on lots in the subdivision. The affidavit must also set forth the

names of the officers of the committee, including the address of a

particular officer designated as the authorized representative of the

committee for the purposes of NRS 278.563 to 278.568, inclusive.

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

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

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

be filed with the planning commission or governing body with the

tentative map.

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

must be:

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

the area within which the subdivision is situated.

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

subdivision.

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

county recorder immediately following the recording of the final map.

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

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

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

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

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

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

from the construction committee.

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

addressed to the authorized representative of the construction committee. If

the construction committee fails or refuses to submit its written report to

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

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

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

committee.

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

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

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

278.567 If the construction committee required by NRS 278.564 fails

to be organized, is dissolved or becomes inactive:

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

building permit for an improvement on property subject to deed

restrictions.

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

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

deed restrictions pertaining to such subdivision.

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

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

for the inspection of structures and the enforcement of the zoning

regulations and building codes by means of the withholding of building

permits. For [such] the purpose of the inspection of structures and the

enforcement of building codes by means of the withholding of building

permits, the governing body may establish and fill a position of city or

county building [inspector,] official, and may fix the compensation

attached to the position, or may authorize an administrative official of the

city or county to assume the functions of the position in addition to his

customary functions. A building official must comply with the

requirements for certification and continuing education established

pursuant to section 3 of this act.

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

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

appointment, promotion, demotion and removal of such employees shall

be subject to the same provisions of law as govern other corresponding

civil employees in the city or county. Except as otherwise provided in

section 3 of this act, any employee appointed pursuant to this subsection

whose duties include the reviewing of plans or the inspection of any

portion of a structure must comply with the requirements for

certification and continuing education established pursuant to that

section.

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

the amounts appropriated for the purpose by the governing body which

may provide the funds, equipment and accommodations necessary for the

building [inspector’s] official’s work.

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

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

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

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

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

in writing receipt of the statement.

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

include the following text:

State law requires construction to be done by licensed contractors.

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

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

own contractor with certain restrictions although you do not have a

license.

You must directly supervise the construction, on the job, yourself.

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

may not be built or substantially improved for sale or lease. If you

sell or lease a building you have built or substantially improved

yourself within 1 year after the construction is complete, it is

presumed that you built or substantially improved it for sale or lease,

which is a violation of this exemption and a violation of chapter 624

of NRS.

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

to supervise people working on your building. It is your

responsibility to make sure that people employed by you have the

licenses required by state law and by county or municipal licensing

ordinances. You may not delegate the responsibility for supervising

work to a contractor unless he is licensed to perform the work being

done. Any person working on your building who is not licensed must

work under your direct supervision and must be employed by you,

which means that you must deduct FICA and withholding tax and

provide industrial insurance and pay the required contribution for

unemployment compensation for that employee, and comply with

other state and federal laws relating to employment. Your

construction must comply with all applicable laws, ordinances,

building codes and zoning regulations.

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

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

NRS 278.570, appoints a building [inspector or authorizes an

administrative official of the city or county to assume the functions of that

position,] official may establish a program to allow independent

contractors who comply with the requirements for certification and

continuing education established pursuant to section 3 of this act to

review plans for and inspect buildings on behalf of [that building inspector

or administrative] the building official.

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

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

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

licensed professional engineer or land surveyor:

1. Submits plans that are substantially incomplete; or

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

department at least three times.

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

278.589 A city or county building [inspector, or other officer

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

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

registered architect, interior designer or residential designer:

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

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

county [officer] building official at least three times.

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

278.610 1. After [the establishment of the position of building

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

is appointed pursuant to NRS 278.570, it is unlawful to erect, construct,

reconstruct, alter or change the use of any building or other structure

within the territory covered by the building code or zoning regulations

without obtaining a building permit from the building [inspector.] official.

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

the plans of and for the proposed erection, construction, reconstruction,

alteration or use fully:

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

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

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

person acting for another unless the applicant proves to the satisfaction of

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

work pursuant to the provisions of chapter 624 of NRS.

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

40.670 1. A contractor who receives written notice of a

constructional defect resulting from work performed by the contractor or

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

the health or safety of the inhabitants of the residence shall take reasonable

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

cure the defect by making any repairs for which he is not licensed or by

causing any repairs to be made by a person who is not licensed to make

those repairs. If the contractor fails to cure the defect in a reasonable time,

the owner of the residence may have the defect cured and may recover

from the contractor the reasonable cost of the repairs plus reasonable

attorney’s fees and costs in addition to any other damages recoverable

under any other law.

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

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

that there is not an imminent threat to the health or safety of the

inhabitants is not liable for attorney’s fees and costs pursuant to this

section, except that if a building inspector , building official or other

similar authority employed by a governmental body with jurisdiction

certifies that there is an imminent threat to the health and safety of the

inhabitants of the residence, the contractor is subject to the provisions of

subsection 1.

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

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

powers relating to the administration of NRS 384.010 to 384.210,

inclusive.

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

received therefor, employ such technical and clerical personnel, including

a building inspector[,] or other similar authority, as may be necessary to

the discharge of its duties, and fix their compensation.

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

384.110 1. No structure may be erected, reconstructed, altered,

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

application for a certificate of appropriateness as to exterior architectural

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

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

accompanied by such plans, specifications and other material as the

commission may from time to time prescribe.

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

inclusive, the commission shall not consider interior arrangement or use,

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

for the purpose of preventing the erection, reconstruction, restoration,

alteration, moving or razing of buildings in the district obviously

incongruous with the historic aspects of the district.

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

[prevents:] do not prevent:

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

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

material or the outward appearance thereof;

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

such feature which the building inspector or similar authority certifies is

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

such feature under a permit issued by a building inspector or similar

authority prior to the effective date of the establishment of such district.

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

384.190 1. The building inspector or similar authority employed by

the commission may investigate, inspect and examine any structure, place

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

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

violation of any provision of NRS 384.010 to 384.210, inclusive, or any

regulation or order adopted or issued under authority of NRS 384.010 to

384.210, inclusive.

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

384.010 to 384.210, inclusive, the building inspector or similar authority

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

engaged in the doing or causing such work to be done, and any such

person shall forthwith stop such work until authorized by the commission

to proceed with the work.

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

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

corporation, personally or by agent, to erect, place or maintain any

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

of any city or town:

(a) On the public domain;

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

the site for manufacturing the goods or articles advertised; or

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

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

an advertisement may be painted),

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

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

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

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

advertisement.

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

advertisement shall be issued unless and until the applicant shall have paid

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

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

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

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

authority to advertise exclusively any city, town or geographic area, or

public event.

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

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

outbuildings thereon any sign or notice or advertisement intended to

benefit the land or improvements thereon and advertise the business

conducted in the buildings on the land.

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

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

or county clerk shall assign a permit number which shall be painted or

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

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

placed under NRS 405.020 to 405.100, inclusive.

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

523.164 1. The director shall adopt regulations for the conservation

of energy in buildings, including manufactured homes, which establish the

minimum standards for:

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

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

-conditioning;

(d) Insulation; and

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

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

determines that application of the standard to the building would not

accomplish the purpose of the regulations.

3. The regulations must authorize allowances in design and

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

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

4. The standards adopted by the director are the minimum standards

for the conservation of energy which apply only to areas in which the

governing body of the local government has not adopted standards for the

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

director in the enforcement of the regulations adopted pursuant to this

section.

5. The director shall solicit comments regarding the adoption of

regulations pursuant to this section from:

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

(b) Contractors;

(d) Local building [inspectors;] officials; and

(e) The general public,

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

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

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

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

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

health care or governmental officer or employee whose primary duty is to

ensure public safety, including a building inspector, building official or

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

standard exists that threatens physical harm, or that an imminent danger

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

to the administrator or his representative of the violation or danger.

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

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

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

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

complainant a form upon which he may supplement his oral complaint.

His failure to return the form does not affect the division’s duty to act

pursuant to this section.

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

are reasonable grounds to believe that a violation or imminent danger

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

substantial probability that death or serious physical harm could result

from the violation or danger, then the investigation must be made

immediately after the administrator receives the notice to determine

whether a violation or imminent danger exists. The division need not

investigate a complaint within the times required by this subsection if,

from the facts stated in the complaint, the administrator determines that

the complaint is intended solely to harass the employer. If the division

determines that there are no reasonable grounds to believe that a violation

or imminent danger exists, it shall notify the employees or other person

who gave the notice of such determination within 14 days after the

administrator receives the notice.

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

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

employee, representative of employees, provider of health care or

governmental officer or employee whose primary duty is to ensure public

safety, including a building inspector, building official or other similar

authority, may notify the administrator or any representative of the

administrator responsible for conducting the inspection, orally or in

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

exists in the workplace. The division shall by regulation establish

procedures for informal review of any refusal by a representative of the

administrator to issue a citation with respect to any such alleged violation

and shall furnish the employees or other persons requesting the review a

written statement of the reasons for the administrator’s final disposition of

the case within 14 days after the administrator receives the notice.

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

and an authorized representative of the employees to accompany the

representative of the division during the physical inspection of the place of

employment or, where there is no authorized representative of the

employees, consultation must be had with a reasonable number of

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

representative during the inspection.

3. Any employee of the employer who accompanies the representative

of the division during the inspection pursuant to subsection 2 is entitled to

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

the representative of the division inspecting the place of employment if he

would have otherwise been compensated for working during that time.

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

means a person previously identified to the division as an authorized

representative of the employee bargaining unit of a labor organization

which has a collective bargaining relationship with the employer and

represents the affected employees.

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

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

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

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

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

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

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

3. A board of appraisers acting pursuant to NRS 269.135.

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

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

his license, certification or registration. For the purposes of this

subsection, a person licensed, certified or registered pursuant to chapter

645C of NRS shall be deemed to be acting within the scope of his license,

certification or registration while he is performing an appraisal prescribed

by federal law that requires a statement of visual condition and while he is

preparing or communicating a report of such an appraisal.

5. A person who makes an evaluation of an improvement as an

incidental part of his employment for which special compensation is not

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

use within the place of his employment.

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

any improvements upon real estate.

7. Any person who reviews plans, performs inspections, prepares

inspection reports or examines any component of a structure or

construction pursuant to NRS 278.570 or 278.575.

Sec. 25. Notwithstanding the amendatory provisions of this act, a city

or county shall not require a person who is employed by the city or county

before October 1, 2001, to comply with the requirements for certification

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

before October 1, 2007.

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