REQUIRES TWO THIRDS MAJORITY VOTE (§ 12)               

                                                       (REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

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

 

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:

 

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.

1-15    Sec. 5.  “Certificate” means a certificate issued pursuant to the

1-16  provisions of section 11 of this act.

2-1    Sec. 6.  “Division” means the division of industrial relations of the

2-2  department of business and industry.

2-3    Sec. 7.  “Elevator” includes, without limitation, an elevator,

2-4  dumbwaiter, escalator, moving walk, wheelchair lift or related

2-5  equipment.

2-6    Sec. 8.  “Elevator mechanic” means a person who installs,

2-7  maintains, relocates, improves, alters or repairs elevators.

2-8    Sec. 9.  “Pressure vessel” means a vessel in which pressure is

2-9  obtained from an external source or by the application of heat from a

2-10  direct or indirect source.

2-11    Sec. 10.  The owner of a boiler, elevator or pressure vessel must

2-12  obtain a permit issued by the division before the boiler, elevator or

2-13  pressure vessel may be operated unless the division has provided an

2-14  exemption for the boiler, elevator or pressure vessel pursuant to section

2-15  11 of this act.

2-16    Sec. 11.  The division shall adopt regulations that establish:

2-17    1.  Standards and procedures relating to the installation, inspection,

2-18  operation, maintenance, relocation, improvement, alteration and repair

2-19  of boilers, elevators and pressure vessels, including, without limitation,

2-20  regulations:

2-21    (a) Providing an exemption from those standards and procedures:

2-22      (1) In the case of an emergency; or

2-23      (2) If the division determines that it is in the best interests of the

2-24  general public; and

2-25    (b) Establishing requirements for the inspection of boilers, elevators

2-26  and pressure vessels.

2-27    2.  The requirements for the issuance and renewal of a certificate as:

2-28    (a) A boiler inspector; and

2-29    (b) An elevator mechanic.

2-30    3.  The grounds for initiating disciplinary action against a holder of a

2-31  certificate, including, without limitation, the grounds for:

2-32    (a) The suspension or revocation of a certificate; and

2-33    (b) Requiring the holder of a certificate to pay an administrative fine.

2-34    4.  The methods of enforcement the division will use to ensure

2-35  compliance with section 10 of this act and the regulations adopted

2-36  pursuant to subsection 1, including, without limitation:

2-37    (a) Notifying an owner of a boiler, elevator or pressure vessel that he

2-38  has violated a provision of the regulations adopted pursuant to

2-39  subsection 1 and establishing a period within which he must correct the

2-40  violation;

2-41    (b) Requiring the owner to pay an administrative fine; and

2-42    (c) Suspending or revoking a permit issued by the division pursuant to

2-43  section 10 of this act.

2-44    Sec. 12.  1.  The division shall, by regulation, prescribe any fee that

2-45  is necessary to carry out the provisions of this chapter, including, without

2-46  limitation, fees for:

2-47    (a) An application for a certificate;

2-48    (b) The issuance of a certificate;

2-49    (c) The renewal of a certificate;

3-1    (d) Any examination the division may require for obtaining a

3-2  certificate; and

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

3-4    2.  Any fee prescribed by the division pursuant to subsection 1 must

3-5  be based on the actual cost necessary to carry out the provisions of this

3-6  chapter.

3-7    3.  The fees collected pursuant to this section must be used to reduce

3-8  the assessments established pursuant to NRS 232.680.

3-9    Sec. 13.  1.  An applicant for the issuance or renewal of a certificate

3-10  must submit to the division the statement prescribed by the welfare

3-11  division of the department of human resources pursuant to NRS 425.520.

3-12  The statement must be completed and signed by the applicant.

3-13    2.  The division shall include the statement required pursuant to

3-14  subsection 1 in:

3-15    (a) The application or any other forms that must be submitted for the

3-16  issuance or renewal of the certificate; or

3-17    (b) A separate form prescribed by the division.

3-18    3.  A certificate may not be issued or renewed by the division if the

3-19  applicant:

3-20    (a) Fails to submit the statement required pursuant to subsection 1; or

3-21    (b) Indicates on the statement submitted pursuant to subsection 1 that

3-22  he is subject to a court order for the support of a child and is not in

3-23  compliance with the order or a plan approved by the district attorney or

3-24  other public agency enforcing the order for the repayment of the amount

3-25  owed pursuant to the order.

3-26    4.  If an applicant indicates on the statement submitted pursuant to

3-27  subsection 1 that he is subject to a court order for the support of a child

3-28  and is not in compliance with the order or a plan approved by the district

3-29  attorney or other public agency enforcing the order for the repayment of

3-30  the amount owed pursuant to the order, the division shall advise the

3-31  applicant to contact the district attorney or other public agency enforcing

3-32  the order to determine the actions that the applicant may take to satisfy

3-33  the arrearage.

3-34    Sec. 14.  An application for the issuance of a certificate must include

3-35  the social security number of the applicant.

3-36    Sec. 15.  1.  If the division receives a copy of a court order issued

3-37  pursuant to NRS 425.540 that provides for the suspension of all

3-38  professional, occupational and recreational licenses, certificates and

3-39  permits issued to the holder of a certificate, the division shall deem the

3-40  certificate to be suspended at the end of the 30th day after the date on

3-41  which the court order was issued unless the division receives a letter

3-42  issued to the holder of the certificate by the district attorney or other

3-43  public agency pursuant to NRS 425.550 stating that the holder of the

3-44  certificate has complied with the subpoena or warrant or has satisfied the

3-45  arrearage pursuant to NRS 425.560.

3-46    2.  The division shall reinstate a certificate that has been suspended

3-47  by a district court pursuant to NRS 425.540 if the division receives a

3-48  letter issued by the district attorney or other public agency pursuant to

3-49  NRS 425.550 to the person whose certificate was suspended stating that

4-1  the person whose certificate was suspended has complied with the

4-2  subpoena or warrant or has satisfied the arrearage pursuant to NRS

4-3  425.560.

4-4    Sec. 16.  1.  Except as otherwise provided in subsection 3, it is

4-5  unlawful for any person to install, maintain, relocate, improve, alter or

4-6  repair an elevator within this state unless he is certified as an elevator

4-7  mechanic pursuant to section 11 of this act.

4-8    2.  A person who violates subsection 1 is guilty of a misdemeanor.

4-9    3.  The division may exempt a person who performs certain

4-10  categories of acts relating to elevators from the requirement of obtaining

4-11  a certificate if the division determines it would be in the best interests of

4-12  the general public.

4-13    Sec. 17.  Notwithstanding the provisions of section 16 of this act, a

4-14  person who holds a contractor’s license issued pursuant to chapter 624 of

4-15  NRS on October 1, 2001, and is authorized to perform any of the functions

4-16  of an elevator mechanic is not required to be certified as an elevator

4-17  mechanic pursuant to the provisions of this act before March 1, 2002.

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

4-19  before October 1, 2001.

4-20    Sec. 19.  1.  This section and sections 11 and 12 of this act become

4-21  effective upon passage and approval.

4-22    2.  Sections 1 to 10, inclusive, and 13 to 18, inclusive, of this act

4-23  become effective on October 1, 2001.

4-24    3.  Sections 13, 14 and 15 of this act expire by limitation on the date on

4-25  which the provisions of 42 U.S.C. § 666 requiring each state to establish

4-26  procedures under which the state has authority to withhold or suspend, or

4-27  to restrict the use of professional, occupational and recreational licenses of

4-28  persons who:

4-29    (a) Have failed to comply with a subpoena or warrant relating to a

4-30  proceeding to determine the paternity of a child or to establish or enforce

4-31  an obligation for the support of a child; or

4-32    (b) Are in arrears in the payment for the support of one or more

4-33  children,

4-34  are repealed by the Congress of the United States.

 

4-35  H