[Rev. 12/21/2019 2:10:25 PM--2019]

CHAPTER 455C - BOILERS, ELEVATORS AND PRESSURE VESSELS

GENERAL PROVISIONS

NRS 455C.010        Definitions.

NRS 455C.020        “Boiler” defined.

NRS 455C.030        “Boiler inspector” defined.

NRS 455C.040        “Certificate” defined.

NRS 455C.050        “Division” defined.

NRS 455C.060        “Elevator” defined.

NRS 455C.070        “Elevator mechanic” defined.

NRS 455C.080        “Pressure vessel” defined.

PERMITS; REGULATIONS; CERTIFICATES

NRS 455C.100        Owner of boiler, elevator or pressure vessel to obtain permit from Division; exception.

NRS 455C.110        Regulations: Standards and procedures; certification of boiler inspectors and elevator mechanics; grounds for disciplinary action; methods of enforcement.

NRS 455C.115        Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property.

NRS 455C.120        Fees.

NRS 455C.125        Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

NRS 455C.130        Application for issuance or renewal of certificate: Statement regarding obligation of child support required; grounds for denial of certificate; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 455C.140        Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 455C.150        Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 455C.155        Application for renewal of certificate: Information concerning state business license required; conditions which require denial.

NRS 455C.160        Unlawful to perform certain acts concerning elevator unless certified as elevator mechanic; criminal penalty; exception.

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GENERAL PROVISIONS

      NRS 455C.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 455C.020 to 455C.080, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1048)

      NRS 455C.020  “Boiler” defined.  “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.

      (Added to NRS by 2001, 1048)

      NRS 455C.030  “Boiler inspector” defined.  “Boiler inspector” means a person who inspects boilers and pressure vessels.

      (Added to NRS by 2001, 1049)

      NRS 455C.040  “Certificate” defined.  “Certificate” means a certificate issued pursuant to the provisions of NRS 455C.110.

      (Added to NRS by 2001, 1049)

      NRS 455C.050  “Division” defined.  “Division” means the Division of Industrial Relations of the Department of Business and Industry.

      (Added to NRS by 2001, 1049)

      NRS 455C.060  “Elevator” defined.  “Elevator” includes, without limitation, an elevator, dumbwaiter, escalator, moving walk, wheelchair lift or related equipment.

      (Added to NRS by 2001, 1049)

      NRS 455C.070  “Elevator mechanic” defined.  “Elevator mechanic” means a person who installs, maintains, relocates, improves, alters or repairs elevators.

      (Added to NRS by 2001, 1049)

      NRS 455C.080  “Pressure vessel” defined.  “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.

      (Added to NRS by 2001, 1049)

PERMITS; REGULATIONS; CERTIFICATES

      NRS 455C.100  Owner of boiler, elevator or pressure vessel to obtain permit from Division; exception.  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 NRS 455C.110.

      (Added to NRS by 2001, 1049)

      NRS 455C.110  Regulations: Standards and procedures; certification of boiler inspectors and elevator mechanics; grounds for disciplinary action; methods of enforcement.  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 NRS 455C.100 and the regulations adopted pursuant to subsection 1, including, without limitation:

      (a) Notifying an owner of a boiler, elevator or pressure vessel that the owner has violated a provision of the regulations adopted pursuant to subsection 1 and establishing a period within which the owner 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 NRS 455C.100.

      (Added to NRS by 2001, 1049)

      NRS 455C.115  Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property.  Before the Division may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Division shall consult with the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      (Added to NRS by 2011, 3576; A 2013, 397)

      NRS 455C.120  Fees.

      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.

      (Added to NRS by 2001, 1049)

      NRS 455C.125  Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate as a boiler inspector or elevator mechanic pursuant to NRS 455C.110.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      (Added to NRS by 2019, 2928)

      NRS 455C.130  Application for issuance or renewal of certificate: Statement regarding obligation of child support required; grounds for denial of certificate; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services 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 the applicant 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 the applicant 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.

      (Added to NRS by 2001, 1050)

      NRS 455C.140  Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for the issuance of a certificate must include the social security number of the applicant.

      (Added to NRS by 2001, 1050)

      NRS 455C.150  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      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.

      (Added to NRS by 2001, 1050)

      NRS 455C.155  Application for renewal of certificate: Information concerning state business license required; conditions which require denial.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2731)

      NRS 455C.160  Unlawful to perform certain acts concerning elevator unless certified as elevator mechanic; criminal penalty; exception.

      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 the person is certified as an elevator mechanic pursuant to NRS 455C.110.

      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.

      (Added to NRS by 2001, 1051)