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

 

CHAPTER..........

 

AN ACT relating to public safety; requiring certain owners of boilers, elevators or pressure vessels 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 elevator mechanics to be certified by the division; requiring the division to adopt regulations governing the maintenance and operation of certain 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:

 

   Section 1.  Title 40 of NRS is hereby amended by adding thereto a

new chapter to consist of the provisions set forth as sections 2 to 16,

inclusive, of this act.

   Sec. 2. As used in this chapter, unless the context otherwise

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

act have the meanings ascribed to them in those sections.

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

steam is generated, steam is superheated, or any combination thereof,

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

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

vaporizing liquids other than water if the unit is separate from the

processing system and is complete within itself.

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

pressure vessels.

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

provisions of section 11 of this act.

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

department of business and industry.

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

dumbwaiter, escalator, moving walk, wheelchair lift or related

equipment.

   Sec. 8.  “Elevator mechanic” means a person who installs,

maintains, relocates, improves, alters or repairs elevators.

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

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

direct or indirect source.

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

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

pressure vessel may be operated unless the division has provided an

exemption for the boiler, elevator or pressure vessel pursuant to section

11 of this act.

   Sec. 11.  The division shall adopt regulations that establish:

   1.  Standards and procedures relating to the installation, inspection,

operation, maintenance, relocation, improvement, alteration and repair

of boilers, elevators and pressure vessels, including, without limitation,

regulations:

   (a) Providing an exemption from those standards and procedures:

     (1) In the case of an emergency; or

     (2) If the division determines that it is in the best interests of the

general public; and

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

and pressure vessels.

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

   (a) A boiler inspector; and

   (b) An elevator mechanic.

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

certificate, including, without limitation, the grounds for:

   (a) The suspension or revocation of a certificate; and

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

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

compliance with section 10 of this act and the regulations adopted

pursuant to subsection 1, including, without limitation:

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

has violated a provision of the regulations adopted pursuant to

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

violation;

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

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

section 10 of this act.

   Sec. 12.  1.  The division shall, by regulation, prescribe any fee that

is necessary to carry out the provisions of this chapter, including, without

limitation, fees for:

   (a) An application for a certificate;

   (b) The issuance of a certificate;

   (c) The renewal of a certificate;

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

certificate; and

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

   2.  Any fee prescribed by the division pursuant to subsection 1 must

be based on the actual cost necessary to carry out the provisions of this

chapter.

   3.  The fees collected pursuant to this section must be used to reduce

the assessments established pursuant to NRS 232.680.

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

must submit to the division the statement prescribed by the welfare

division of the department of human resources pursuant to NRS 425.520.

The statement must be completed and signed by the applicant.

   2.  The division shall include the statement required pursuant to

subsection 1 in:

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

issuance or renewal of the certificate; or

   (b) A separate form prescribed by the division.

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

applicant:

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

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

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

compliance with the order or a plan approved by the district attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

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

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

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

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the division shall advise the

applicant to contact the district attorney or other public agency enforcing

the order to determine the actions that the applicant may take to satisfy

the arrearage.

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

the social security number of the applicant.

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

pursuant to NRS 425.540 that provides for the suspension of all

professional, occupational and recreational licenses, certificates and

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

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

which the court order was issued unless the division receives a letter

issued to the holder of the certificate by the district attorney or other

public agency pursuant to NRS 425.550 stating that the holder of the

certificate has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to NRS 425.560.

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

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

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

NRS 425.550 to the person whose certificate was suspended stating that

the person whose certificate was suspended has complied with the

subpoena or warrant or has satisfied the arrearage pursuant to NRS

425.560.

   Sec. 16.  1.  Except as otherwise provided in subsection 3, it is

unlawful for any person to install, maintain, relocate, improve, alter or

repair an elevator within this state unless he is certified as an elevator

mechanic pursuant to section 11 of this act.

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

   3.  The division may exempt a person who performs certain

categories of acts relating to elevators from the requirement of obtaining

a certificate if the division determines it would be in the best interests of

the general public.

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

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

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

of an elevator mechanic is not required to be certified as an elevator

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

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

before October 1, 2001.

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

effective upon passage and approval.

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

become effective on October 1, 2001.

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

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

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

to restrict the use of professional, occupational and recreational licenses of

persons who:

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

proceeding to determine the paternity of a child or to establish or enforce

an obligation for the support of a child; or

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

children,

are repealed by the Congress of the United States.

 

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