requires two-thirds majority vote (§ 12)                                                                                        

                                                                                                  

 

Senate Bill No. 337–Senators Care, Titus, Carlton,
Schneider, Wiener, Mathews and Neal

 

March 13, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for regulation of boilers, elevators, pressure vessels, boiler inspectors and elevator mechanics. (BDR 40‑1033)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public safety; requiring an owner of a boiler, elevator or pressure vessel to obtain a permit from the division of industrial relations of the department of business and industry before the boiler, elevator or pressure vessel may be operated; requiring boiler operators and elevator mechanics to be certified by the division; requiring the division to adopt regulations governing the construction, maintenance and operation of boilers, elevators and pressure vessels and the certification of boiler inspectors and elevator mechanics; authorizing the division to impose certain fees; providing a penalty; 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.  Title 40 of NRS is hereby amended by adding thereto a

1-2  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 this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 9, inclusive, of this

1-6  act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Boiler” means a closed vessel in which water is heated,

1-8  steam is generated, steam is superheated, or any combination thereof,

1-9  under pressure or vacuum, for use external to the boiler by the direct

1-10  application of heat. The term includes a fired unit for heating or

1-11  vaporizing liquids other than water if the unit is separate from the

1-12  processing system and is complete within itself.

1-13    Sec. 4.  “Boiler inspector” means a person who inspects boilers and

1-14  pressure vessels and who:

1-15    1.  Has been issued a certificate which authorizes him to inspect

1-16  boilers or pressure vessels;

2-1    2.  Has been issued a commission by the National Board of Boiler

2-2  and Pressure Vessel Inspectors; and

2-3    3.  Is employed by:

2-4    (a) The division;

2-5    (b) An insurance company that is licensed in this state to write

2-6  insurance for a boiler or pressure vessel; or

2-7    (c) An owner of boilers or pressure vessels who maintains an

2-8  inspection program that includes inspection procedures which comply

2-9  with the National Board Inspection Code and have been approved by the

2-10  division.

2-11    Sec. 5.  “Certificate” means a certificate issued pursuant to the

2-12  provisions of section 11 of this act.

2-13    Sec. 6.  “Division” means the division of industrial relations of the

2-14  department of business and industry.

2-15    Sec. 7.  “Elevator” includes, without limitation, an elevator,

2-16  dumbwaiter, escalator, moving walk, stage lift, wheelchair lift or related

2-17  equipment.

2-18    Sec. 8.  “Elevator mechanic” means a person who constructs,

2-19  installs, maintains, relocates, improves, alters or repairs elevators.

2-20    Sec. 9.  “Pressure vessel” means a vessel in which pressure is

2-21  obtained from an external source or by the application of heat from a

2-22  direct or indirect source.

2-23    Sec. 10.  The owner of a boiler, elevator or pressure vessel must

2-24  obtain a permit issued by the division before the boiler, elevator or

2-25  pressure vessel may be operated.

2-26    Sec. 11.  The division shall adopt regulations that establish:

2-27    1.  Standards and procedures relating to the construction,

2-28  installation, inspection, operation, maintenance, relocation,

2-29  improvement, alteration and repair of boilers, elevators and pressure

2-30  vessels, including, without limitation, regulations:

2-31    (a) Providing an exemption from those standards and procedures in

2-32  the case of an emergency; and

2-33    (b) Establishing requirements for the inspection of boilers, elevators

2-34  and pressure vessels.

2-35    2.  The requirements for the issuance and renewal of a certificate as:

2-36    (a) A boiler inspector; and

2-37    (b) An elevator mechanic.

2-38    3.  The grounds for initiating disciplinary action against a holder of a

2-39  certificate, including, without limitation, the grounds for:

2-40    (a) The suspension or revocation of a certificate; and

2-41    (b) Requiring the holder of a certificate to pay an administrative fine.

2-42    4.  The methods of enforcement the division will use to ensure

2-43  compliance with section 10 of this act and the regulations adopted

2-44  pursuant to subsection 1, including, without limitation:

2-45    (a) Notifying an owner of a boiler, elevator or pressure vessel that he

2-46  has violated a provision of the regulations adopted pursuant to

3-1  subsection 1 and establishing a period within which he must correct the

3-2  violation;

3-3    (b) Requiring the owner to pay an administrative fine; and

3-4    (c) Suspending or revoking a permit issued by the division pursuant to

3-5  section 10 of this act.

3-6    Sec. 12.  1.  The cost of carrying out the provisions of this chapter

3-7  must be paid from assessments payable by each insurer based upon the

3-8  estimated annual expenditures for claims. The division shall adopt

3-9  regulations that establish formulas of assessment which result in an

3-10  equitable distribution of costs among the insurers.

3-11    2.  The division shall, by regulation, prescribe any fee that is

3-12  necessary to carry out the provisions of this chapter, including, without

3-13  limitation, fees for:

3-14    (a) An application for a certificate;

3-15    (b) The issuance of a certificate;

3-16    (c) The renewal of a certificate;

3-17    (d) Any examination the division may require for obtaining a

3-18  certificate; and

3-19    (e) Inspections of boilers, elevators or pressure vessels.

3-20    3.  Any fees collected pursuant to this section must be used to reduce

3-21  the assessments established pursuant to subsection 1.

3-22    4.  As used in this section, “insurer” has the meaning ascribed to it in

3-23  NRS 232.550.

3-24    Sec. 13.  1.  An applicant for the issuance or renewal of a certificate

3-25  must submit to the division the statement prescribed by the welfare

3-26  division of the department of human resources pursuant to NRS 425.520.

3-27  The statement must be completed and signed by the applicant.

3-28    2.  The division shall include the statement required pursuant to

3-29  subsection 1 in:

3-30    (a) The application or any other forms that must be submitted for the

3-31  issuance or renewal of the certificate; or

3-32    (b) A separate form prescribed by the division.

3-33    3.  A certificate may not be issued or renewed by the division if the

3-34  applicant:

3-35    (a) Fails to submit the statement required pursuant to subsection 1; or

3-36    (b) Indicates on the statement submitted pursuant to subsection 1 that

3-37  he is subject to a court order for the support of a child and is not in

3-38  compliance with the order or a plan approved by the district attorney or

3-39  other public agency enforcing the order for the repayment of the amount

3-40  owed pursuant to the order.

3-41    4.  If an applicant indicates on the statement submitted pursuant to

3-42  subsection 1 that he is subject to a court order for the support of a child

3-43  and is not in compliance with the order or a plan approved by the district

3-44  attorney or other public agency enforcing the order for the repayment of

3-45  the amount owed pursuant to the order, the division shall advise the

3-46  applicant to contact the district attorney or other public agency enforcing

4-1  the order to determine the actions that the applicant may take to satisfy

4-2  the arrearage.

4-3    Sec. 14.  An application for the issuance of a certificate must include

4-4  the social security number of the applicant.

4-5    Sec. 15.  1.  If the division receives a copy of a court order issued

4-6  pursuant to NRS 425.540 that provides for the suspension of all

4-7  professional, occupational and recreational licenses, certificates and

4-8  permits issued to the holder of a certificate, the division shall deem the

4-9  certificate to be suspended at the end of the 30th day after the date on

4-10  which the court order was issued unless the division receives a letter

4-11  issued to the holder of the certificate by the district attorney or other

4-12  public agency pursuant to NRS 425.550 stating that the holder of the

4-13  certificate has complied with the subpoena or warrant or has satisfied the

4-14  arrearage pursuant to NRS 425.560.

4-15    2.  The division shall reinstate a certificate that has been suspended

4-16  by a district court pursuant to NRS 425.540 if the division receives a

4-17  letter issued by the district attorney or other public agency pursuant to

4-18  NRS 425.550 to the person whose certificate was suspended stating that

4-19  the person whose certificate was suspended has complied with the

4-20  subpoena or warrant or has satisfied the arrearage pursuant to NRS

4-21  425.560.

4-22    Sec. 16.  1.  It is unlawful for any person to construct, install,

4-23  maintain, relocate, improve, alter or repair:

4-24    (a) A boiler or pressure vessel within this state unless he is certified as

4-25  a boiler inspector pursuant to section 11 of this act; or

4-26    (b) An elevator within this state unless he is certified as an elevator

4-27  mechanic pursuant to section 11 of this act.

4-28    2.  A person who violates subsection 1 is guilty of a misdemeanor.

4-29    Sec. 17.  Notwithstanding the provisions of section 16 of this act, a

4-30  person who holds a contractor’s license issued pursuant to chapter 624 of

4-31  NRS on October 1, 2001, and is authorized to perform any of the functions

4-32  of:

4-33    1.  A boiler inspector, is not required to be certified as a boiler

4-34  inspector pursuant to the provisions of this act before March 1, 2002; and

4-35    2.  An elevator mechanic, is not required to be certified as an elevator

4-36  mechanic pursuant to the provisions of this act before March 1, 2002.

4-37    Sec. 18. The provisions of this act do not apply to offenses committed

4-38  before October 1, 2001.

4-39    Sec. 19.  1.  This section and sections 11 and 12 of this act become

4-40  effective upon passage and approval.

4-41    2.  Sections 1 to 10, inclusive, and 13 to 18, inclusive, of this act

4-42  become effective on October 1, 2001.

4-43    3.  Sections 13, 14 and 15 of this act expire by limitation on the date on

4-44  which the provisions of 42 U.S.C. § 666 requiring each state to establish

4-45  procedures under which the state has authority to withhold or suspend, or

4-46  to restrict the use of professional, occupational and recreational licenses of

4-47  persons who:

5-1    (a) Have failed to comply with a subpoena or warrant relating to a

5-2  proceeding to determine the paternity of a child or to establish or enforce

5-3  an obligation for the support of a child; or

5-4    (b) Are in arrears in the payment for the support of one or more

5-5  children,

5-6  are repealed by the Congress of the United States.

 

5-7  H