NRS: CHAPTER 447 - PUBLIC ACCOMMODATIONS

[Rev. 5/1/2022 9:48:16 PM--2021]

CHAPTER 447 - PUBLIC ACCOMMODATIONS

GENERAL REGULATIONS

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 general regulations by health authority; records.

NRS 447.200 Access for inspection of hotel.

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

REGULATIONS RELATED TO SARS-COV-2

NRS 447.300 Definitions.

NRS 447.305 “Director” defined.

NRS 447.310 “Employee” defined.

NRS 447.315 “Health authority” defined.

NRS 447.320 “Public accommodation facility” and “facility” defined.

NRS 447.325 Applicability.

NRS 447.330 Prohibited regulations; opportunity to comment on amendment or repeal of regulations.

NRS 447.335 Requirement to adopt regulations requiring public accommodation facility to establish standards for cleaning to reduce transmission of SARS-CoV-2; prohibition against advising or incentivizing guests to decline daily housekeeping; notification and provision of copy of standards to employees.

NRS 447.345 Regulations requiring public accommodation facility to establish, maintain and implement written SARS-CoV-2 response plan; submission of SARS-CoV-2 response plan to certain agencies; confidentiality of SARS-CoV-2 plan.

NRS 447.350 Inspection of public accommodation facility by health authority; penalties; prohibition of retaliation against employees.

NRS 447.355 Adoption of regulations by district board of health.

_________

GENERAL REGULATIONS

NRS 447.003 Definitions. As used in NRS 447.003 to 447.210, inclusive, 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; A 2020, 32nd Special Session, 105)

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 NRS 447.003 to 447.210, inclusive.

[2:136:1915; 1919 RL p. 2811; NCL § 3338]—(NRS A 2020, 32nd Special Session, 105)

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 NRS 447.003 to 447.210, inclusive, 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; 2020, 32nd Special Session, 105)

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)

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, except as otherwise provided in NRS 651.072:

(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; A 2021, 2351)

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 NRS 447.003 to 447.210, inclusive, 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 NRS 447.003 to 447.210, inclusive.

[8c:136:1915; added 1945, 384; 1943 NCL § 3344c]—(NRS A 1969, 1023; 2020, 32nd Special Session, 105)

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 general regulations by health authority; records. The health authority is charged with the enforcement of NRS 447.003 to 447.210, inclusive. 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; 2020, 32nd Special Session, 105)

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 NRS 447.003 to 447.210, inclusive.

[12:136:1915; A 1945, 384; 1943 NCL § 3348]—(NRS A 1969, 1023; 2020, 32nd Special Session, 106)

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 NRS 447.003 to 447.200, inclusive, constitutes a separate offense.

[10:136:1915; A 1945, 384; 1943 NCL § 3346]—(NRS A 1967, 581; 2001, 707; 2020, 32nd Special Session, 106)

REGULATIONS RELATED TO SARS-COV-2

NRS 447.300 Definitions. As used in NRS 447.300 to 447.355, inclusive, unless the context otherwise requires, the words and terms defined in NRS 447.305 to 447.320, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.305 “Director” defined. “Director” means the Director of the Department of Health and Human Services.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.310 “Employee” defined. “Employee” means any natural person in the service of an employer operating a public accommodation facility who provides such service under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.315 “Health authority” defined. “Health authority” means the officers and agents of the district health department or, in a location that is not part of a health district, the officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.320 “Public accommodation facility” and “facility” defined. “Public accommodation facility” or “facility” means a hotel and casino, resort, hotel, motel, hostel, bed and breakfast facility or other facility offering rooms or areas to the public for monetary compensation or other financial consideration on an hourly, daily or weekly basis.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.325 Applicability.

1. The provisions of NRS 447.300 to 447.355, inclusive, apply to a county whose population is 100,000 or more.

2. The regulations adopted pursuant to NRS 447.335 to 447.355, inclusive, and, except as otherwise provided in subsection 3, the powers, requirements and prohibitions set forth in provisions of NRS 447.300 to 447.355, inclusive, apply:

(a) During any period in which a public health emergency due to SARS-CoV-2 has been declared by the Governor and remains in effect; or

(b) Each day on which:

(1) The rate of positive test results for SARS-CoV-2 in the county reported by the Division of Public and Behavioral Health of the Department exceeds 5 percent in any rolling 14-day period in the 90-day period immediately preceding that day; or

(2) The number of new COVID-19 cases in the county reported by the Division of Public and Behavioral Health of the Department exceeds 100 new cases per 100,000 residents in any rolling 14-day period in the 90-day period immediately preceding that day.

3. The provisions of subsection 2 do not apply to the requirements relating to the adoption, amendment or repeal of regulations pursuant to NRS 447.335 to 447.355, inclusive.

(Added to NRS by 2020, 32nd Special Session, 99)

NRS 447.330 Prohibited regulations; opportunity to comment on amendment or repeal of regulations.

1. Any regulation adopted, amended or repealed by the Director pursuant to NRS 447.335 to 447.350, inclusive, must not exceed or be inconsistent with the requirements of those sections.

2. The Director must allow any interested person a reasonable opportunity to submit written or oral comment concerning the amendment or repeal of a regulation pursuant to NRS 447.335 to 447.350, inclusive.

(Added to NRS by 2020, 32nd Special Session, 99)

1. The Director shall adopt regulations requiring a public accommodation facility to establish standards for cleaning that are designed to reduce the transmission of SARS-CoV-2. Those standards must require only the following and with no greater frequency than provided in this section:

(a) Desks, tabletops, interior and exterior handles of doors, faucets, toilets, light switches, remote controls, telephones, keyboards and touch screens in guest rooms to be cleaned every day that the room is in use unless the guest using the room declines in-room housekeeping.

(b) The following high-contact areas and items in locations used by the public and employees to be cleaned daily while in use:

(1) Fixtures with which guests and employees may be expected to have regular physical contact;

(2) Doors and door handles at exterior entrances;

(3) Door handles at interior entrances regularly accessed by guests and employees;

(4) Regularly used computer keyboards, touch screens, credit card readers, printers, telephones, light switches, ice machines, vending machines and other frequently used instruments and equipment; and

(5) Countertops and desks in entrance areas and other high-usage areas.

(d) Counters, desks, touch screens, keyboards, credit card readers and desktops in front desk areas to be cleaned daily while in use.

(e) Key cards and other types of keys for accessing rooms to be cleaned before those key cards or other keys are issued to another guest or removed from circulation for at least 24 hours after a guest checks out.

(f) Elevator buttons and rails in guest and service elevators to be cleaned daily if the elevator is in use.

(g) Sinks, faucets, walls, toilets, toilet paper dispensers and door handles in employee and public restrooms to be cleaned regularly throughout the day while in use.

(h) Work surfaces, tables, utensils, counters, touch screens and keyboards in areas used for food preparation to be cleaned regularly throughout the day.

(i) Tables, desks, tabletops, door handles and light switches in shared offices, employee locker rooms and employee cafeterias to be cleaned daily while in use.

(j) Exercise equipment, weights, tables, countertops, chairs, lockers and benches in fitness centers to be cleaned daily while in use.

(k) Tabletops in meeting rooms to be cleaned while in use.

(l) Tables, bartops, menus and check presentation holders in bar and dining facilities to be cleaned daily.

(m) Touch screens and keyboards in bar and dining facilities to be cleaned daily.

(n) Soiled laundry to be cleaned as necessary.

(o) Laundry carts and hampers to be cleaned daily while in use.

2. A public accommodation facility shall not advise or incentivize guests to decline daily in-room housekeeping.

3. An employer operating a public accommodation facility shall conspicuously post at each employee entrance and on each bulletin board where the facility regularly posts official communications with employees:

(a) A one-page summary of the standards adopted pursuant to subsection 1; and

(b) A list of key contact persons at public health agencies.

4. An employer operating a public accommodation facility shall make available to employees or their bargaining representative a physical or electronic copy of the standards adopted pursuant to subsection 1 upon request at no cost.

(Added to NRS by 2020, 32nd Special Session, 100; A 2021, 3593)

NRS 447.340 Regulations requiring public accommodation facility to establish protocols to limit transmission of SARS-CoV-2 and train staff concerning prevention and mitigation of SARS-CoV-2 transmission. The Director shall adopt regulations requiring each public accommodation facility to establish protocols to:

1. Limit the transmission of SARS-CoV-2. Such protocols, must include only the following:

(a) Requirements concerning the frequency of hand cleaning for employees.

(b) A requirement that each employee be provided with access to a sink with soap and water for hand washing or hand sanitizer containing at least 60 percent alcohol within reasonable proximity to the work area of the employee.

(c) Policies providing for the availability of hand sanitizer containing at least 60 percent alcohol near locations where employee meetings are held, breakrooms and cafeterias for employees, front desks, bell desks, lobbies, entrances to food and beverage service and preparation areas, principal entrances to the facility and, in a resort hotel, on the casino floor, if:

(1) Those areas are not near hand washing facilities with soap and water; and

(2) A supply of hand sanitizer containing at least 60 percent alcohol is generally available.

(d) Policies for the distribution, at no cost to the employee, of masks and, where appropriate, gloves, based on public health concerns.

2. Train staff concerning the prevention and mitigation of SARS-CoV-2 transmission in the manner prescribed by the Director.

(Added to NRS by 2020, 32nd Special Session, 101; A 2021, 3594)

1. The Director shall adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2 response plan designed to monitor and respond to instances and potential instances of SARS-CoV-2 infection among employees and guests. The plan must include only the following:

(a) The designation of a person or persons responsible for overseeing and carrying out on-site enforcement of the plan. The regulations must not require such a person or persons to be on-site at all times.

(b) Requirements that:

(1) The public accommodation facility must notify each employee who is known to have had close contact with a guest or employee who has been diagnosed with COVID-19 not later than 24 hours or as soon as practicable after the employer learns of the diagnosis.

(2) Each such employee must undergo testing for SARS-CoV-2 and, in addition to any other leave to which the employee is entitled, be given:

(I) Not more than 3 days of time off to await testing and testing results; and

(II) Additional time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.

(3) For each such employee who is fully vaccinated for COVID-19 or who has a verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19, the time off required pursuant to subparagraph (2) must be paid time off.

(c) A requirement that each employee who otherwise has a reasonable belief or has been advised that he or she has been in close contact with a person who has tested positive for SARS-CoV-2 must undergo testing for SARS-CoV-2.

(d) Requirements that each employee who notifies his or her employer that he or she is experiencing symptoms of COVID-19:

(1) Must undergo testing for SARS-CoV-2; and

(2) Must not return to work while awaiting the results of that testing.

(e) Requirements that each employee described in paragraph (c) and who notifies his or her employer that he or she is experiencing symptoms of COVID-19 or who is described in paragraph (d) must, in addition to any other leave to which the employee is entitled, be given for the first occurrence on which the employee gives the employer such notification:

(1) Not more than 3 days of time off to await testing and testing results.

(2) Additional time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.

(f) A requirement that each employee who tests positive for SARS-CoV-2 or is otherwise diagnosed with COVID-19 and is working or has been recalled to work at the time of the result or diagnosis must be allowed to take at least 14 days off. For each such employee who is fully vaccinated for COVID-19 or who has a verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19, at least 10 of the 14 days described in this paragraph must be paid time off.

(g) A requirement that testing for SARS-CoV-2 required by this section must be:

(1) Provided at no cost to the employee; and

(2) Performed on-site or at a testing facility selected by the public accommodation facility.

(h) A requirement that an employee that is required to be tested pursuant to this section authorize the provision of or provide the testing results to the public accommodation facility.

(i) A requirement that any guest who reports testing positive for SARS-CoV-2 or being diagnosed with COVID-19 must be requested to leave the public accommodation facility if practicable and seek medical attention.

(j) A requirement that information pertaining to employees and guests who test positive for SARS-CoV-2 or who are diagnosed with or report symptoms of COVID-19 must be kept confidential, unless the employee or guest agrees otherwise and except as required to be disclosed to public health officials and for purposes of contact tracing or cleaning.

2. The regulations adopted pursuant to this section must define the term “close contact” to have the meaning most recently ascribed to it by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services for the purpose of determining when a person has been in close contact with another person who has tested positive for SARS-CoV-2.

3. For the purposes of this section, paid time off must be calculated at the base rate of pay for the employee. Paid time off taken pursuant to this section:

(a) Must not be deducted from paid time off provided to the employee pursuant to NRS 608.0197 or a policy or contract of the public accommodation facility.

(b) May be deducted from paid sick leave provided pursuant to section 5102(a)(1)-(3) of the Families First Coronavirus Response Act, P.L. 116-127.

4. The health authority may require a public accommodation facility that is not under the jurisdiction of the Nevada Gaming Control Board to submit a written SARS-CoV-2 response plan to the health authority. Except as otherwise provided in this section and notwithstanding any other law, a written SARS-CoV-2 response plan submitted to the health authority is confidential. The health authority may disclose all or a part of such a plan upon:

(a) The request of an authorized agent of the Federal Government, a foreign government or a state or local governmental entity in this State or any of the several states, territories, possessions and dependencies of the United States, the District of Columbia or Puerto Rico.

(b) The order of a court of competent jurisdiction.

(c) Specific authorization of the chief administrative officer of the health district or, in a location that is not part of a health district, the Chief Medical Officer.

5. The Nevada Gaming Control Board may require a public accommodation facility that is under the jurisdiction of the Board to submit a written SARS-CoV-2 response plan to the Board, either alone or as part of an emergency response plan adopted pursuant to NRS 463.790.

6. The provisions of this section must not be construed to preclude an employee who is exposed to or tests positive for SARS-CoV-2 or is diagnosed with COVID-19 from choosing to perform his or her duties remotely instead of taking time off if the job duties of the employee are conducive to remote work.

7. As used in this section:

(a) “Fully vaccinated for COVID-19” has the meaning most recently ascribed to it by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

(b) “Verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19” means a condition of an employee for whom the SARS-CoV-2 vaccine is not recommended because of a medical exemption that is documented by a note provided by a licensed physician and provided to the employer.

(Added to NRS by 2020, 32nd Special Session, 102; A 2021, 3595)

NRS 447.350 Inspection of public accommodation facility by health authority; penalties; prohibition of retaliation against employees.

1. The health authority may, upon receiving a complaint or at any time, inspect a public accommodation facility to ensure compliance with the provisions of NRS 447.300 to 447.355, inclusive, and the regulations adopted pursuant thereto. The health authority shall inspect for such compliance:

(a) Except as otherwise provided in paragraph (b), each public accommodation facility with more than 200 rooms available for sleeping accommodations at least once every 3 months.

(b) Each resort hotel at least once every 2 months.

2. Upon discovering a violation of the provisions of NRS 447.300 to 447.355, inclusive, or the regulations adopted pursuant thereto and after notice and the opportunity for a hearing, the health authority:

(a) Shall order the public accommodation facility to correct the violation.

(b) May impose an administrative fine of not more than $500 for each initial violation or $1,000 for each second or subsequent violation.

(c) If the violation occurs at a public accommodation facility that is not a resort hotel, may notify any local governmental entity responsible for licensing or regulating the public accommodation facility. Upon receiving such notification, the local governmental entity shall review the violation and may take further action, including, without limitation, suspending or revoking the license of the public accommodation facility, to enforce the provisions of NRS 447.300 to 447.355, inclusive, and the regulations adopted pursuant thereto. Such action must be taken in accordance with any procedures established by the local governmental entity for actions to enforce statutes or regulations or impose disciplinary action generally.

(d) If the violation occurs at a facility subject to the jurisdiction of the Nevada Gaming Control Board, shall notify the Board. Upon receiving such notification, the Board may take further action to enforce the provisions of NRS 447.300 to 447.355, inclusive, and the regulations adopted pursuant thereto. Such action must be taken in accordance with any procedures established by the Board for actions to enforce statutes or regulations or impose disciplinary action generally.

3. The Director shall adopt regulations prohibiting a public accommodation facility from discharging, reducing the compensation of, increasing the workload of, imposing fees or charges on, changing the duties of or otherwise taking adverse action against an employee in retaliation for participating in proceedings related to NRS 447.300 to 447.355, inclusive, or seeking enforcement of those provisions.

4. As used in this section, “resort hotel” has the meaning ascribed to it in NRS 463.01865.

(Added to NRS by 2020, 32nd Special Session, 104)

NRS 447.355 Adoption of regulations by district board of health.

1. Within 15 days after the adoption, amendment or repeal of a regulation by the Director pursuant to NRS 447.335 to 447.350, inclusive, a district board of health shall, as applicable, adopt a substantively identical regulation or amend or repeal its substantively identical regulation in a conforming manner.

2. The provisions of subsections 5 and 6 of NRS 439.366 or subsections 5 and 6 of NRS 439.410, as applicable, do not apply to the adoption, amendment or repeal of a regulation by a district board of health pursuant to subsection 1.

(Added to NRS by 2020, 32nd Special Session, 105)