[Rev. 11/21/2013 11:45:19 AM--2013]

CHAPTER 447 - PUBLIC ACCOMMODATIONS

NRS 447.003           Definitions.

NRS 447.007           “Health authority” defined.

NRS 447.010           “Hotel” defined.

NRS 447.020           Cleanliness of bedding; worn out and unfit bedding.

NRS 447.030           Extermination of vermin.

NRS 447.040           Cleanliness of rooms used for sleeping.

NRS 447.045           Hotel required to be kept in sanitary condition.

NRS 447.050           Certain areas of hotel prohibited from use as quarters for living or sleeping.

NRS 447.060           Ventilation of rooms.

NRS 447.070           Windows and outside doors to be equipped with screens.

NRS 447.080           Air space, floor area and ceiling height of rooms.

NRS 447.090           Amount of bedding required; furnishing clean sheets and pillow slips; size of sheets.

NRS 447.100           Fumigation of room after occupation by person having contagious or infectious disease.

NRS 447.110           Facilities for bathing.

NRS 447.120           Towels to be furnished.

NRS 447.130           Toilets required in hotels or other establishments for transient lodging: Number; facilities for washing hands.

NRS 447.135           Entrance to corridor leading to toilet facility to be marked with sign that conforms to requirements of Americans with Disabilities Act and includes features for use by visually impaired persons; reporting of violations; duties of Attorney General; enforcement.

NRS 447.140           Ventilation of room containing water closet, bathtub or shower.

NRS 447.145           Systems for heating and ventilating hotels or other establishments for transient lodging.

NRS 447.150           Exemption from requirement for number of water closets, bathtubs or showers in certain hotels.

NRS 447.160           Disposal of sewage; disinfection of toilets.

NRS 447.170           Supply of water; plumbing.

NRS 447.180           Disposal of garbage and rubbish.

NRS 447.185           Regulation of construction or reconstruction of hotel or other establishment for transient lodging.

NRS 447.190           Enforcement of chapter by health authority; records.

NRS 447.200           Access for inspection of hotel.

NRS 447.210           Criminal penalty; each day of violation constitutes separate offense.

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      NRS 447.003  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 447.007 and 447.010 have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1616)

      NRS 447.007  “Health authority” defined.  “Health authority” means:

      1.  The officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services; or

      2.  The officers and agents of the local boards of health.

      (Added to NRS by 1997, 1616)

      NRS 447.010  “Hotel” defined.  “Hotel” means every building or structure kept as, used as, maintained as, or held out to the public to be, a place where sleeping or rooming accommodations are furnished to the transient public, whether with or without meals, including, without limitation, a lodging house or rooming house where transient trade is solicited.

      [1:136:1915; 1919 RL p. 2811; NCL § 3337]—(NRS A 1997, 1616)

      NRS 447.020  Cleanliness of bedding; worn out and unfit bedding.

      1.  All bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, used in any hotel in this state must be kept clean and free from all filth or dirt.

      2.  No bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, shall be used which is worn out or unsanitary for use by human beings according to the true intent and meaning of this chapter.

      [2:136:1915; 1919 RL p. 2811; NCL § 3338]

      NRS 447.030  Extermination of vermin.  Any room in any hotel in this state which is or shall be infested with vermin or bedbugs or similar things shall be thoroughly fumigated, disinfected and renovated until such vermin or bedbugs or other similar things are entirely exterminated.

      [3:136:1915; 1919 RL p. 2811; NCL § 3339]

      NRS 447.040  Cleanliness of rooms used for sleeping.  Every room in any hotel in this state used for sleeping purposes must be free from any and every kind of dirt or filth of whatever nature, and the walls, floors, ceiling and doors of every such room shall be kept free from dirt.

      [4:136:1915; 1919 RL p. 2811; NCL § 3340]

      NRS 447.045  Hotel required to be kept in sanitary condition.

      1.  Toilet rooms and bathrooms, including toilets, bathing and lavatory facilities, in hotels shall be kept clean and sanitary.

      2.  All other rooms, corridors, stairways, elevators, fire escapes, garages within hotels, lobbies and other portions or appurtenances of hotels used by tenants shall be kept in a clean and sanitary condition, free of fire hazards and free of hazards to life and limb.

      (Added to NRS by 1957, 484)

      NRS 447.050  Certain areas of hotel prohibited from use as quarters for living or sleeping.  It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:

      1.  Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop-sink room.

      2.  Any other room or place which does not comply with the provisions of this chapter, or in which, in the judgment of the health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the Uniform Building Code in the form most recently adopted before January 1, 1985, by the International Conference of Building Officials.

      [4a:136:1915; added 1945, 384; 1943 NCL § 3340a]—(NRS A 1957, 484; 1969, 1022; 1985, 372)

      NRS 447.060  Ventilation of rooms.  Every room in any hotel used for sleeping purposes shall have devices, such as a window or transom, so constructed as to allow for the proper and a sufficient amount of ventilation in each such room, except that buildings more than one story in height, constructed after July 1, 1957, shall have no transoms or ventilating openings from guestrooms to public corridors.

      [5:136:1915; 1919 RL p. 2811; NCL § 3341]—(NRS A 1957, 484)

      NRS 447.070  Windows and outside doors to be equipped with screens.  Windows and outside doors shall be screened against flies and mosquitoes.

      [5a:136:1915; added 1945, 384; 1943 NCL § 3341a]

      NRS 447.080  Air space, floor area and ceiling height of rooms.  No room for sleeping purposes shall have less than 500 cubic feet of air space for each occupant. The floor area of each sleeping room must be at least 80 square feet and at least 7 feet in width. All rooms must have a ceiling height of at least 8 feet.

      [5b:136:1915; added 1945, 384; 1943 NCL § 3341b]

      NRS 447.090  Amount of bedding required; furnishing clean sheets and pillow slips; size of sheets.

      1.  Every bed kept or used in any hotel in this state for the accommodation of any person or guest must be provided with a sufficient supply of clean bedding.

      2.  Clean sheets and pillow slips shall be supplied for each bed in a hotel as often as the bed is assigned to a different person.

      3.  Sheets shall be at least 98 inches long and of sufficient width to cover the mattress and spring completely.

      [6:136:1915; 1919 RL p. 2811; NCL § 3342]

      NRS 447.100  Fumigation of room after occupation by person having contagious or infectious disease.  Whenever any room in any hotel shall have been occupied by any person having a contagious or infectious disease, the room shall be thoroughly fumigated under the direction of the health authority, and all bedding therein thoroughly disinfected before the room shall be occupied by any other person. In any event, such room shall not be let to any person for at least 48 hours after such fumigation or disinfection.

      [7:136:1915; 1919 RL p. 2811; NCL § 3343]—(NRS A 1969, 1022)

      NRS 447.110  Facilities for bathing.

      1.  In every hotel in existence prior to October 1, 1945, at least one bathtub or shower shall be installed in a separate compartment on a public hallway or court for every 20, or fractional part of 20, guestrooms on the same floor as the hallway or court which are not provided with private baths.

      2.  In every hotel built after October 1, 1945, at least one bathtub or shower provided with hot and cold water shall be installed in a separate compartment on a public hallway or court for every 10, or fractional part of 10, guestrooms on the same floor as the hallway or court which are not provided with private baths.

      [7a:136:1915; added 1945, 384; 1943 NCL § 3343a]

      NRS 447.120  Towels to be furnished.

      1.  Every hotel within this state having a public washstand or washbowl, where different persons gather to wash themselves, must keep a sufficient supply of clean, individual towels for the use of such persons within easy access of or to such persons and in plain sight and view.

      2.  Nothing in this section shall be construed as excluding the use of crepe or paper towels, or the automatic roller towel.

      [8:136:1915; 1919 RL p. 2812; NCL § 3344]

      NRS 447.130  Toilets required in hotels or other establishments for transient lodging: Number; facilities for washing hands.

      1.  In every hotel or any other type of transient lodging establishment without private toilets there shall be at least one toilet for each sex in a separate compartment on a public hallway or court and such toilets shall be plainly indicated by signs. If the building is designed to accommodate more than 15 persons on any floor or court, then toilets shall be provided on each floor or court in the ratio of one for each 15 persons or major fraction thereof, not provided with private toilets.

      2.  Adequate hand washing facilities, properly supplied with soap and hot and cold water under pressure, shall be provided convenient to the toilet facilities.

      [8a:136:1915; added 1945, 384; 1943 NCL § 3344a]—(NRS A 1957, 484)

      NRS 447.135  Entrance to corridor leading to toilet facility to be marked with sign that conforms to requirements of Americans with Disabilities Act and includes features for use by visually impaired persons; reporting of violations; duties of Attorney General; enforcement.

      1.  Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:

      (a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and

      (b) Uses symbols, raised letters and Braille to:

             (1) Identify the toilet facility and the gender of persons who may use the toilet facility; and

             (2) If the toilet facility is for the exclusive use of persons of one gender:

                   (I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and

                   (II) Provide direction to a toilet facility that may be used by persons of the other gender.

      2.  A person may report a violation of subsection 1 to the Attorney General.

      3.  Upon receiving a report pursuant to subsection 2, the Attorney General shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:

      (a) Present evidence to the Attorney General that the public accommodation is in compliance with subsection 1; or

      (b) Begin any action necessary to comply with the requirements of subsection 1 and notify the Attorney General of the date on which the public accommodation will be in compliance with those requirements.

      4.  If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the Attorney General shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

      5.  As used in this section, “public accommodation” has the meaning ascribed to it in 42 U.S.C. § 12181.

      (Added to NRS by 2001, 706)

      NRS 447.140  Ventilation of room containing water closet, bathtub or shower.

      1.  In every hotel built after July 1, 1957, any room in which a water closet, bathtub or shower is installed must be ventilated to the outside air by means of a window of at least 3 square feet, unless satisfactory mechanical ventilation is provided.

      2.  In hotels built prior to July 1, 1957, without windows in the rooms containing water closets, bathtubs or showers, suitable ventilation shall be provided as required by the health authority.

      [8b:136:1915; added 1945, 384; 1943 NCL § 3344b]—(NRS A 1957, 484; 1969, 1022)

      NRS 447.145  Systems for heating and ventilating hotels or other establishments for transient lodging.

      1.  In every hotel and any other type of transient lodging establishment, the heating and ventilating systems must be constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.

      2.  Faultily constructed or installed heating and ventilating systems in hotels and other types of transient lodging establishments constructed before July 1, 1957, must be reconstructed, repaired or replaced upon order of the health authority whenever the continued operation of the faultily constructed or installed heating and ventilating systems will result in detriment to the health and life of the occupants of the building.

      3.  The health authority may adopt rules, regulations and codes governing the construction, installation and operation of heating and ventilating systems in hotels and other types of transient lodging establishments.

      (Added to NRS by 1957, 484; A 1969, 1023; 1997, 1616)

      NRS 447.150  Exemption from requirement for number of water closets, bathtubs or showers in certain hotels.

      1.  The health authority may exempt any hotel built prior to October 1, 1945, from having the number of water closets, bathtubs or showers required by this chapter for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building.

      2.  The health authority has no authority under this section to exempt any hotel or portion of a hotel built after October 1, 1945, from having the number of water closets, bathtubs or showers required by this chapter.

      [8c:136:1915; added 1945, 384; 1943 NCL § 3344c]—(NRS A 1969, 1023)

      NRS 447.160  Disposal of sewage; disinfection of toilets.

      1.  Every hotel in this state must have proper facilities for sewage disposal and must be kept free from effluvia arising from any sewer, drain, toilet or other source within the control of the proprietor, owner, manager, agent or other person in charge.

      2.  Any toilet in connection with any hotel must be disinfected as often as may be necessary to keep it in a sanitary condition at all times.

      [9:136:1915; 1919 RL p. 2812; NCL § 3345]—(NRS A 1993, 2640)

      NRS 447.170  Supply of water; plumbing.  Every hotel shall be provided with a safe, sanitary water supply and there shall be no cross connection between the water system and the sewage collecting system. All plumbing fixtures shall be constructed so there will be no possibility of back siphonage from the plumbing fixtures into the water system.

      [9a:136:1915; added 1945, 384; 1943 NCL § 3345a]

      NRS 447.180  Disposal of garbage and rubbish.  Every hotel shall have sanitary facilities for the storage and disposal of garbage, and no garbage or rubbish shall be permitted to accumulate and be or become a nuisance in a hotel or on the hotel premises.

      [9b:136:1915; added 1945, 384; 1943 NCL § 3345b]

      NRS 447.185  Regulation of construction or reconstruction of hotel or other establishment for transient lodging.  The reconstruction of existing hotels, including all types of transient lodging establishments, and the construction of new hotels, including all types of transient lodging establishments, shall be in accord with pertinent state laws, rules and regulations of the State Board of Health or local board of health, and the latest editions of the Uniform Building Code and the Uniform Plumbing Code and such other codes as the State Board of Health may designate.

      (Added to NRS by 1957, 484; A 1969, 1023; 1971, 235)

      NRS 447.190  Enforcement of chapter by health authority; records.  The health authority is charged with the enforcement of this chapter. The health authority shall keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the health authority, be included in the biennial report to the Director of the Department of Health and Human Services.

      [11:136:1915; A 1945, 384; 1943 NCL § 3347]—(NRS A 1963, 958; 1967, 1172; 1969, 1023; 1973, 1406)

      NRS 447.200  Access for inspection of hotel.  The health authority shall have access at any time to any hotel in this State for the purpose of making inspections and carrying out the provisions of this chapter.

      [12:136:1915; A 1945, 384; 1943 NCL § 3348]—(NRS A 1969, 1023)

      NRS 447.210  Criminal penalty; each day of violation constitutes separate offense.

      1.  Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state who fails to comply with the provisions of NRS 447.003 to 447.200, inclusive, or any of the provisions of the regulations hereby established whether through the acts of himself or herself, his or her agent or employees is guilty of a misdemeanor.

      2.  Every day that any hotel is in violation of any of the provisions of this chapter constitutes a separate offense.

      [10:136:1915; A 1945, 384; 1943 NCL § 3346]—(NRS A 1967, 581; 2001, 707)