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Nevada Demolition Licensing Law

Nevada Code · 33 sections

The following is the full text of Nevada’s demolition licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.


NRS 1.115

NRS

1.115

Recycling of paper and paper products, electronic waste and other recyclable materials by courts.

  1. Except as otherwise provided in this section, each court of justice for this State shall recycle or cause to be recycled, to the extent reasonably possible, the paper and paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:

(a) Construction and demolition waste; or

(b) Confidential documents if there is an additional cost for recycling those documents.

  1. Before recycling electronic waste, each court of justice shall permanently remove any data stored on the electronic waste.

  2. As used in this section:

(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115 .

(b) “Paper” has the meaning ascribed to it in NRS 444A.0123 .

(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126 .

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013 .

(Added to NRS by 1991, 905 ; A 1999, 3181 ; 2013, 1709 ; 2015, 2548 ; 2019, 2216 )


NRS 108.22128

NRS

108.22128

“Improvement” defined.

“Improvement” means the development, enhancement or addition to property, by the provision of work, materials or equipment. The term includes, without limitation:

  1. A building, railway, tramway, toll road, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or other structure or superstructure;

  2. A mine or a shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work a mine;

  3. A system for irrigation, plants, sod or other landscaping;

  4. The demolition or removal of existing improvements, trees or other vegetation;

  5. The drilling of test holes;

  6. Grading, grubbing, filling or excavating;

  7. Constructing or installing sewers or other public utilities; and

  8. Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.

(Added to NRS by 2003, 2588 )


NRS 108.22188

NRS

108.22188

“Work of improvement” defined.

“Work of improvement” means the entire structure or scheme of improvement as a whole, including, without limitation, all work, materials and equipment to be used in or for the construction, alteration or repair of the property or any improvement thereon, whether under multiple prime contracts or a single prime contract except as follows:

  1. If a scheme of improvement consists of the construction of two or more separate buildings and each building is constructed upon a separate legal parcel of land and pursuant to a separate prime contract for only that building, then each building shall be deemed a separate work of improvement; and

  2. If the improvement of the site is provided for in a prime contract that is separate from all prime contracts for the construction of one or more buildings on the property, and if the improvement of the site was contemplated by the contracts to be a separate work of improvement to be completed before the commencement of construction of the buildings, the improvement of the site shall be deemed a separate work of improvement from the construction of the buildings and the commencement of construction of the improvement of the site does not constitute the commencement of construction of the buildings. As used in this subsection, “improvement of the site” means the development or enhancement of the property, preparatory to the commencement of construction of a building, and includes:

(a) The demolition or removal of improvements, trees or other vegetation;

(b) The drilling of test holes;

(c) Grading, grubbing, filling or excavating;

(d) Constructing or installing sewers or other public utilities; or

(e) Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.

(Added to NRS by 2003, 2590 )


NRS 232.007

NRS

232.007

Recycling required by state agencies; exceptions; consultation with State Department of Conservation and Natural Resources; annual report to Director of Department; deposit of money received for recycling in State General Fund.

  1. Except as otherwise provided in this section, each state agency shall recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:

(a) Construction and demolition waste; or

(b) Confidential documents if there is an additional cost for recycling those documents.

  1. Before recycling electronic waste, each state agency shall permanently remove any data stored on the electronic waste.

  2. A state agency is not required to comply with the requirements of subsection 1 if the administrator of the agency determines that the cost to recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials produced by the agency is unreasonable and would place an undue burden on the operations of the agency.

  3. Except as otherwise provided in this subsection, a state agency shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the state agency. This subsection does not apply to construction and demolition waste.

  4. Any money received by a state agency for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be:

(a) Accounted for separately; and

(b) Used to carry out the provisions of this section.

  1. On or before July 1 of each year, each state agency shall submit to the Director of the State Department of Conservation and Natural Resources a report on the amount of material recycled by the state agency pursuant to this section.

  2. As used in this section:

(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115 .

(b) “Paper” has the meaning ascribed to it in NRS 444A.0123 .

(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126 .

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013 .

(e) “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government.

(Added to NRS by 1991, 907 ; A 1999, 3182 ; 2019, 2218 )


NRS 268.4126

NRS

268.4126

Abatement of abandoned nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

  1. The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

(a) The abatement of an abandoned nuisance that is located or occurring within the city;

(b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

(c) Authorization for the city to take the actions described in paragraphs (a) and (b);

(d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

(e) Any other appropriate relief.

  1. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of the property is:

(1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action.

(2) If the abandoned nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the abandoned nuisance.

(3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

(b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

(1) Abate the abandoned nuisance on the property; or

(2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

  1. If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

(a) Impose a civil penalty:

(1) If the property is nonresidential property, of not more than $750 per day; or

(2) If the property is residential property, of not more than $500 per day,

Ê for each day that the abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;

(b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

(c) If the owner of the property fails to comply with the order:

(1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

(2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

(d) Order any other appropriate relief.

  1. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city or its designee may make the expense and civil penalties a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

  2. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:

(a) At least 180 days have elapsed after the date specified in the order of the court by which the owner must abate the abandoned nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the abandoned nuisance, whichever is later;

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

(c) The amount of the uncollected civil penalties is more than $5,000.

  1. If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

(a) The street address or assessor’s parcel number of the property;

(b) The name of each owner of record of the property as of the date of the assessment; and

(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

  1. As used in this section:

(a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:

(1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

(2) A person associated with the property has caused or engaged in two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

(b) “Abandoned nuisance activity” means:

(1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

(2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

(3) The presence of unsanitary conditions or hazardous materials;

(4) The lack of adequate lighting, fencing or security;

(5) Indicia of the presence or activities of gangs;

(6) Environmental hazards;

(7) Violations of city codes, ordinances or other adopted policy; or

(8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.

(c) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711 .

(d) “Person associated with the property” means a person who, on the occasion of an abandoned nuisance activity, has:

(1) Entered, patronized or visited;

(2) Attempted to enter, patronize or visit; or

(3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

(e) “Residential property” means:

(1) Improved real estate that consists of not more than four residential units;

(2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

(3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

(Added to NRS by 2001, 3103 ; A 2003, 790 ; 2005, 565 ; 2011, 3119 ; 2013, 355 )


NRS 268.556

NRS

268.556

Application of proceeds; components of cost of project.

  1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.

  2. The cost of acquiring, improving and equipping any project shall be deemed to include the actual costs of acquiring and improving a site or the cost of the construction of any part of a project which may be constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including without limitation:

(a) The cost of studies and surveys;

(b) Plans, specifications, architectural and engineering costs;

(c) Legal, organization, marketing or other special services;

(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;

(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;

(g) An initial bond and interest reserve together with interest on bonds issued to finance such project to a date 6 months subsequent to the estimated date of completion; and

(h) All other necessary and incidental expenses.

(Added to NRS by 1967, 1757 ; A 1977, 597 )


NRS 268.757

NRS

268.757

Powers to carry out program: Public works projects; enforcement of codes; demolition and rehabilitation; removal of barriers restricting persons who are elderly or persons with disabilities.

To carry out a community development program, a city may provide for:

  1. Acquisition, construction, reconstruction or installation of public works, facilities, sites or other improvements.

  2. Disposition by sale, lease, donation or otherwise of any real property acquired for public purposes in accordance with the community development program.

  3. Code enforcement in deteriorated or deteriorating areas where such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area.

  4. Elimination of conditions which are detrimental to health, safety and public welfare, including dust, odor, noise, air pollution and water pollution, by code enforcement, demolition or rehabilitation assistance.

  5. Clearance, demolition, removal or rehabilitation of buildings and improvements where immediate public action is needed, including interim assistance to alleviate the harmful conditions.

  6. Financing the rehabilitation of privately owned properties through the use of grants, direct loans, loan guarantees or other means.

  7. Demolition and reconstruction or modernization of publicly owned low-rent housing.

  8. Special projects directed toward the removal of barriers which restrict the mobility of persons who are elderly or persons with disabilities.

(Added to NRS by 1975, 287 )


NRS 279.408

NRS

279.408

“Redevelopment” defined.

  1. “Redevelopment” means the planning, development, replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a redevelopment area, and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including:

(a) Recreational and other facilities appurtenant thereto.

(b) Eligible railroads or facilities related to eligible railroads.

(c) The alteration, improvement, modernization, reconstruction or rehabilitation, or any combination thereof, of existing structures in a redevelopment area.

(d) Provision for uses involving open space, such as:

(1) Streets and other public grounds;

(2) Space around buildings, structures and improvements;

(3) Improvements of recreational areas; and

(4) Improvement of other public grounds.

(e) The replanning, redesign or original development of undeveloped areas where:

(1) The areas are stagnant or used improperly because of defective or inadequate layouts of streets, faulty layouts of lots in relation to size, shape, accessibility or usefulness, or for other causes; or

(2) The areas require replanning and assembly of land for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency or other reasons.

  1. “Redevelopment” does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the redevelopment and rehabilitation of the area.

(Added to NRS by 1959, 649 ; A 1985, 2069 ; 2005, 2215 )


NRS 279.420

NRS

279.420

Declaration of state policy: Inability of individual landowners to rehabilitate property; remedy by public acquisition.

It is further found and declared that:

  1. Conditions of blight tend to further obsolescence, deterioration and disuse because of the lack of incentive to the individual landowner and his or her inability to improve, modernize or rehabilitate his or her property while the condition of the neighboring properties remains unchanged.

  2. As a consequence the process of deterioration of a blighted area frequently cannot be halted or corrected except by redeveloping the entire area, or substantial portions of it.

  3. Such conditions of blight are chiefly found in areas subdivided into small parcels, held in divided and widely scattered ownerships, frequently under defective titles, and in many such instances the private assembly of the land in blighted areas for redevelopment is so difficult and costly that it is uneconomic and as a practical matter impossible for owners to undertake because of lack of legal power and excessive costs.

  4. The remedying of such conditions may require the public acquisition at fair prices of adequate areas, the clearance of the areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings, and the redevelopment of the areas suffering from such conditions under proper supervision, with appropriate planning, and continuing land use and construction policies.

(Added to NRS by 1959, 651 )


NRS 315.230

NRS

315.230

“Housing project” defined.

  1. “Housing project” means any work or undertaking:

(a) To demolish, clear or remove buildings from any area acquired by the authority; or

(b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

(c) To accomplish a combination of the foregoing.

  1. “Housing project” also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

  2. The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park or the purchase, leasing or rental of mobile homes.

[Part 2:253:1947; A 1951, 8 ]—(NRS A 1979, 990 )


NRS 315.550

NRS

315.550

Powers of state public bodies respecting housing projects.

  1. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects of housing authorities located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:

(a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to a housing authority.

(b) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects.

(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake.

(d) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish.

(e) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, improvement, condemnation, closing or demolition of unsafe, insanitary or unfit buildings.

(f) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and, as the holder of such bonds or other obligation, exercise the rights connected therewith.

(g) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.

(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in

NRS 315.140 to 315.7813 , inclusive.

(i) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by NRS 315.140 to 315.7813 , inclusive. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.

  1. Any sale, conveyance, lease or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement or public bidding, notwithstanding any other laws to the contrary.

[19:253:1947; A 1951, 13 ]—(NRS A 1975, 17 ; 1977, 1186 )


NRS 315.969

NRS

315.969

“Housing project” defined.

  1. “Housing project” means any work or undertaking:

(a) To demolish, clear or remove buildings from any area acquired by the Authority or a business entity;

(b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations primarily for persons of low and moderate income, including, without limitation, affordable housing. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

(c) To accomplish a combination of the foregoing.

  1. “Housing project” also may be applied to the planning of the buildings and improvements, the acquisition of property or the management of property, including, without limitation, the leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

  2. The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park, or the purchase, leasing or rental of mobile homes.

(Added to NRS by 1973, 616 ; A 1983, 971 ; 2005, 221 ; 2021, 1089 )


NRS 338.010

NRS

338.010

Definitions.

As used in this chapter:

  1. “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

  2. “Bona fide fringe benefit” means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:

(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and

(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.

Ê The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

  1. “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

  2. “Contractor” means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

  1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

  2. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

  3. “Design-build team” means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A

of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

  1. “Design professional” means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

  1. “Discrete project” means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.

  2. “Division” means the State Public Works Division of the Department of Administration.

  3. “Eligible bidder” means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379

or 338.1382 .

  1. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215 .

(b) General building contracting, as described in subsection 3 of NRS 624.215 .

  1. “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

  2. “Horizontal construction” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

  3. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A , 318 , 318A ,

379 , 474 , 538 , 541 , 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

  1. “Offense” means:

(a) Failing to:

(1) Pay the prevailing wage required pursuant to this chapter;

(2) Pay the contributions for unemployment compensation required pursuant to chapter 612

of NRS;

(3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617 , inclusive, of NRS; or

(4) Comply with subsection 5 or 6 of NRS 338.070 .

(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

  1. “Prime contractor” means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(c) Uses his or her own workforce to perform all or a part of the public work; and

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

  1. “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

  2. “Public work” means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(c) Public roads;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

  1. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .

  2. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

  1. “Subcontract” means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

  1. “Subcontractor” means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

  1. “Supplier” means a person who provides materials, equipment or supplies for a construction project.

  2. “Vertical construction” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.

  3. “Wages” means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

  1. “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

[1 1/2:139:1937; added 1941, 389 ; 1931 NCL § 6179.51 1/2]—(NRS A 1969, 735 ; 1979, 1288 ; 1981, 526 ; 1983, 130 , 1573 ;

1989, 1965 ; 1993, 392 , 2131 ,

2247 ;

1995, 691 ; 1999, 1849 , 1991 ,

2396 ,

3472 ,

3502 ;

2001, 252 , 1143 ,

1268 ,

2022 ,

2258 ,

2276 ;

2003, 119 , 124 ,

1518 ,

1986 ,

2411 ,

2489 ;

2005, 1793 ; 2011, 490 , 2959 ;

2013, 750 , 2958 ;

2015, 2375 ; 2017, 2034 , 2718 ,

4035 ;

2019, 696 ; 2021, 732 , 736 ,

2218 )


NRS 338.176

NRS

338.176

Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.

A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

  1. Submits plans that are substantially incomplete; or

  2. Submits plans for the same public work that are rejected by the public body at least three times.

(Added to NRS by 1997, 156 )

DESIGN, CONSTRUCTION, RENOVATION AND DEMOLITION OF PUBLIC WORKS

General Provisions


NRS 338.195

NRS

338.195

Survey for presence of asbestos required before renovation or demolition of public building or structure.

  1. No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.

  2. As used in this section, “material containing asbestos” has the meaning ascribed to it by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.765 .

(Added to NRS by 1989, 1280 ; A 1993, 1567 )


NRS 340.110

NRS

340.110

Evidence admissible before special master.

  1. For the purpose of determining the value of the land sought to be condemned and fixing just compensation therefor, the following evidence (in addition to other evidence which is relevant, material and competent) shall be relevant, material and competent, and shall be admitted and considered by the special master:

(a) Evidence that a building or improvement is unsafe or insanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct any such condition, notwithstanding that no action has been taken by local authorities to remedy any such condition.

(b) Evidence that any state public body, charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or insanitary structures, issued an order directing the abatement or correction of any conditions existing with respect to the building or improvement, or the demolition of the building or improvement, and of the cost which compliance with any such order would entail.

(c) Evidence of the last assessed valuation of the property for purposes of taxation, and of any affidavits or tax returns made by the owner in connection with such assessment which state the value of such property, and of any income tax returns of the owner showing sums deducted on account of obsolescence or depreciation of such property.

(d) Evidence that such buildings and improvements are being used for illegal purposes or are being so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals therefrom are enhanced by reason of such use.

(e) Evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to such property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.

  1. The award of compensation shall not be increased by reason of any increase in the value of the property resulting from the public works project to be placed thereon.

  2. No allowance shall be made for improvements begun on property after the publication of the notice specified in

NRS 340.070 , except upon good cause being shown.

[11:135:1935; 1931 NCL § 6179.31]


NRS 384.110

NRS

384.110

Certificate of appropriateness: Application; considerations in deliberations by Commission and staff.

  1. No structure may be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the Commission, or by its staff pursuant to NRS 384.115 . The application for a certificate of appropriateness must be in such form and accompanied by such plans, specifications and other material as the Commission may from time to time prescribe.

  2. In its deliberations under the provisions of NRS 384.010 to 384.210 , inclusive, the Commission and its staff shall not consider interior arrangement or use and shall take no action under NRS 384.010 to 384.210 , inclusive, except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.

  3. The provisions of NRS 384.010 to 384.210 , inclusive, do not prevent:

(a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;

(b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or

(c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.

(Added to NRS by 1969, 1637 ; A 1973, 673 ; 1979, 640 ; 2001, 1249 ; 2005, 893 )


NRS 386.4159

NRS

386.4159

Recycling of paper, paper products, electronic waste and other recyclable materials; rules and procedures; exception; deposit of money received.

  1. Except as otherwise provided in this section, each school district shall recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials that it produces. This subsection does not apply to:

(a) Construction and demolition waste; or

(b) Confidential documents if there is an additional cost for recycling those documents.

  1. Before recycling electronic waste, a school district shall permanently remove any data stored on the electronic waste.

  2. A school district is not required to comply with the requirements of subsection 1 if the board of trustees of the school district determines that the cost to recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials produced by the schools in the district is unreasonable and would place an undue burden on the operations of the district or a particular school.

  3. Except as otherwise provided in this subsection, the board of trustees shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the schools in the school district and the administrative offices of the school district. This subsection does not apply to construction and demolition waste.

  4. Any money received by the school district for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be paid by the board of trustees for credit to the general fund of the school district.

  5. As used in this section:

(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115 .

(b) “Paper” has the meaning ascribed to it in NRS 444A.0123 .

(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126 .

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013 .

(Added to NRS by 1999, 3183 ; A 2019, 2219 )


NRS 396.437

NRS

396.437

Recycling of paper, paper products, electronic waste and other recyclable materials; regulations and procedures; exception; deposit of money received.

  1. Except as otherwise provided in this section, the System shall recycle or cause to be recycled the paper, paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:

(a) Construction and demolition waste; or

(b) Confidential documents if there is an additional cost for recycling those documents.

  1. Before recycling electronic waste, the System shall permanently remove any data stored on the electronic waste.

  2. The System is not required to comply with the requirements of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper, paper products, electronic waste and other recyclable materials produced by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.

  3. Except as otherwise provided in this subsection, the Board of Regents shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the System. This subsection does not apply to construction and demolition waste.

  4. Any money received by the System for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be:

(a) Accounted for separately; and

(b) Used to carry out the provisions of this section.

  1. As used in this section:

(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115 .

(b) “Paper” has the meaning ascribed to it in NRS 444A.0123 .

(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126 .

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013 .

(Added to NRS by 1991, 907 ; A 1993, 348 ; 1999, 3184 ; 2009, 835 ; 2019, 2220 )


NRS 444.490

NRS

444.490

“Solid waste” defined.

  1. “Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste.

  2. The term does not include:

(a) Hazardous waste managed pursuant to NRS 459.400 to 459.600 , inclusive.

(b) A vehicle described in subparagraph (2) of paragraph (b) of subsection 1 of NRS 444.620 .

(Added to NRS by 1971, 1178 ; A 1981, 888 ; 2015, 339 )


NRS 455.060

NRS

455.060

Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses.

  1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of the notice, or of information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be fenced or otherwise guarded to prevent accidents to persons or animals.

  2. All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of NRS 455.010 to 455.180 , inclusive, in the same manner as other county expenses.

[6:16:1866; B § 114; BH § 295; C § 276; RL § 3238; NCL § 5635]—(NRS A 1983, 905 ; 1987, 1869 ; 1993, 881 , 1625 ;

1995, 548 ; 1999, 3624 )

Excavation or Demolition Near Subsurface Installation


NRS 455.107

NRS

455.107

Exemption from compliance with statutory provisions.

  1. Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180 , inclusive.

  2. A person is exempt from complying with the provisions of NRS 455.080 to 455.180 , inclusive, if the person obtains the written consent of all operators involved in the proposed excavation or demolition before the person receives a permit to conduct the excavation or demolition.

(Added to NRS by 1991, 1142 ; A 2005, 905 ; 2009, 1168 ; 2023, 213 )


NRS 455.110

NRS

455.110

Notification of association for operators required; marking proposed area of excavation or demolition; exception.

  1. Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, except a subsurface installation owned or operated by the person conducting the excavation or demolition, unless the person:

(a) Notifies the appropriate association for operators pursuant to NRS 455.120 , at least 2 working days but not more than 28 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the excavation or demolition, anticipated duration and type of excavation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.

(b) Cooperates with the operator in locating and identifying its subsurface installation by:

(1) Meeting with its representative as requested; and

(2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excavation or demolition, the proposed area of the excavation or demolition.

  1. A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action the person has taken as soon as practicable.

(Added to NRS by 1987, 1178 ; A 1991, 1145 ; 2005, 906 ; 2007, 675 )


NRS 455.115

NRS

455.115

Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators.

  1. An association for operators who receives notification pursuant to NRS 455.110 by telephone and an operator who receives notification of a proposed excavation or demolition by telephone shall keep a written record of the notification for 6 years. The record must include, but is not limited to, the following information:

(a) The name of the person initiating the telephone call;

(b) The name, address and telephone number of the person who is responsible for the excavation or demolition;

(c) The starting date and anticipated duration of the excavation or demolition;

(d) The type of excavation or demolition to be conducted;

(e) The specific area of the excavation or demolition; and

(f) Whether explosives are to be used.

  1. If a person makes a notification to an association for operators pursuant to NRS 455.110 , the association for operators shall provide to the person the names of the operators to whom the notice is transmitted by the association.

(Added to NRS by 1991, 1144 )


NRS 455.120

NRS

455.120

Operator required to join association for operators to receive notification; statement to be filed with county clerk identifying association; record of notification received by telephone.

An operator shall:

  1. Join an association for operators to receive the notification required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.

  2. File a statement with the clerk of the county in which the business of the operator is located:

(a) Containing the name, telephone number and address of the association; and

(b) Describing the geographical area served by the association for operators.

  1. Make a written record of each notification of a proposed excavation or demolition that the operator receives by telephone.

(Added to NRS by 1987, 1178 ; A 1991, 1146 )


NRS 455.125

NRS

455.125

Duties of operator of sewer main upon receipt of notification concerning sewer service lateral.

If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110 :

  1. For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

(a) Identification of the location of the connection of the sewer service lateral to the sewer main;

(b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

(c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

  1. The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

  2. A government, governmental agency or political subdivision of a government that operates a sewer main:

(a) Except as otherwise provided in subsection 4, in a county with a population of 52,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.

(b) In a county with a population of less than 52,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this paragraph are not subject to the provisions of NRS 354.59881 to 354.59889 , inclusive.

  1. A government, governmental agency or political subdivision that operates a sewer main in a county with a population of 52,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:

(a) The sewer system of the operator services not more than 260 accounts; and

(b) There is no natural gas pipeline located within the service area of the operator of the sewer main.

Ê Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889 , inclusive.

  1. If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

(Added to NRS by 2009, 1167 ; A 2009, 1171 ; 2011, 1278 ; 2023, 273 )


NRS 455.130

NRS

455.130

Duties of operator upon receipt of notification concerning certain subsurface installations.

  1. Except in an emergency or as otherwise provided in subsection 2 or NRS 455.125 , if an operator receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110 , the operator shall:

(a) Locate and identify the subsurface installations and, if known, the number of subsurface installations that are affected by the proposed excavation or demolition to the extent and to the degree of accuracy that the information is available in the records of the operator or can be determined by using techniques of location that are commonly used in the industry, except excavating, within 2 working days or within a time mutually agreed upon by the operator and the person who is responsible for the excavation or demolition;

(b) Remove or protect a subsurface installation as soon as practicable if the operator decides it should be removed or protected; and

(c) Advise the person who contacted the association for operators of the location of the subsurface installations of the operator that are affected by the proposed excavation or demolition.

  1. The operator shall notify the person who contacted the association for operators if the operator has no subsurface installations that are affected by the proposed excavation or demolition.

(Added to NRS by 1987, 1178 ; A 1991, 1146 ; 2009, 1169 )


NRS 455.137

NRS

455.137

Determination of location of subsurface installation required before mechanical equipment may be used.

  1. Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or demolition by excavating with non-mechanical equipment or by any other method agreed upon by the person responsible for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings made in accordance with NRS 455.133 .

  2. A person may use mechanical equipment for the removal of pavement if there are no subsurface installations contained in the pavement.

  3. If the exact location of a subsurface installation cannot be determined by using non-mechanical equipment, the person responsible for an excavation or demolition shall request the operator to provide additional information to locate the installation. The operator shall, within 1 working day, provide any information that is available to the operator to enable the person responsible for the excavation or demotion to determine the exact location of the installation.

(Added to NRS by 1991, 1143 ; A 2023, 213 )


NRS 455.140

NRS

455.140

Duties of person responsible for contact with, exposure of or damage to subsurface installation.

  1. Each person responsible for any excavation or demolition that results in contact with, exposure of or damage to a subsurface installation shall:

(a) Notify the operator of the location and nature of the damage; and

(b) Allow the operator reasonable time, consistent with the practice in the industry, to arrange for and to make any necessary repairs to the subsurface installation before completing the excavation or demolition in the immediate area of the subsurface installation.

  1. Each person responsible for any excavation or demolition that results in any damage to a subsurface installation which permits the escape of water, of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:

(a) Notify the operator; and

(b) Minimize the hazard until the arrival of the personnel of the operator.

(Added to NRS by 1987, 1178 ; A 1991, 1146 )


NRS 455.150

NRS

455.150

Release from liability for cost of repairs to subsurface installation.

Any person who substantially complies with the provisions of NRS 455.080 to 455.180 , inclusive, is not liable for the cost of repairing any damage to a subsurface installation which results from the person’s excavation or demolition.

(Added to NRS by 1987, 1179 ; A 1991, 1147 ; 2009, 1170 ; 2023, 213 )


NRS 455.160

NRS

455.160

Injunctive relief.

  1. The Regulatory Operations Staff of the Public Utilities Commission of Nevada, the Attorney General, an operator, a person conducting an excavation or demolition, or the district attorney of a county or the city attorney of a city in which there is an excavation or demolition or a proposed excavation or demolition which he or she believes may cause death, serious physical harm or serious property damage may file a complaint in the district court for the county seeking to enjoin the activity or practice of an operator or a person who is responsible for the excavation or demolition.

  2. Upon the filing of a complaint pursuant to subsection 1, the court may issue a temporary restraining order before holding an evidentiary hearing.

(Added to NRS by 1991, 1143 ; A 1997, 2000 ; 2007, 675 )


NRS 455.170

NRS

455.170

Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review.

  1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

  2. Except as otherwise provided in subsection 4, in addition to any other penalty provided by law, any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180 , inclusive, is liable for a civil penalty:

(a) Not to exceed $2,500 per day for each violation; and

(b) Not to exceed $250,000 for any related series of violations within a calendar year.

  1. Except as otherwise provided in subsections 2 and 4, any person who negligently violates any such provision is liable for a civil penalty:

(a) Not to exceed $1,000 per day for each violation; and

(b) Not to exceed $50,000 for any related series of violations within a calendar year.

  1. The maximum civil penalty imposed pursuant to this section may be tripled for each violation that involves contact with, or that occurs less than 24 horizontal inches from a high consequence subsurface installation, regardless of the depth of the location of the high consequence subsurface installation. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty shall be determined by the Public Utilities Commission of Nevada.

  2. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

(a) The gravity of the violation;

(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180 , inclusive, before and after the violation;

(c) Any history of previous violations of the provisions of NRS 455.080 to 455.180 , inclusive, by the person charged with the violation;

(d) The willfulness or negligence of the person charged with the violation in failing to comply with the provisions of NRS 455.080 to 455.180 , inclusive;

(e) The timeliness of notification of the violation to the Public Utilities Commission of Nevada by the person charged with the violation;

(f) The cooperation of the person charged with the violation in the investigation and repair of any damage caused by the violation; and

(g) Whether an interruption of services occurred as a result of the violation.

  1. Except as otherwise provided in this subsection, a civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. If the Regulatory Operations Staff of the Public Utilities Commission of Nevada initiates the action, a civil penalty recovered pursuant to this section must be deposited in the State General Fund.

  2. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373 .

(Added to NRS by 1991, 1144 ; A 1997, 2000 ; 2005, 907 ; 2007, 675 ; 2009, 1170 ; 2015, 323 ; 2023, 213 )


NRS 618.750

NRS

618.750

Definitions.

As used in NRS 618.750 to 618.850 , inclusive, unless the context otherwise requires:

  1. “Asbestos” means asbestiform varieties of:

(a) Chrysotile (serpentine);

(b) Crocidolite (riebeckite);

(c) Amosite (cummingtonite-grunerite);

(d) Anthophyllite;

(e) Tremolite; or

(f) Actinolite.

  1. “Control of asbestos” means:

(a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

(b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

(c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or

(d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.

  1. “Occupation” means a specific discipline involved in a project for the control of asbestos, including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.

  2. “Worker” means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.

(Added to NRS by 1989, 1275 ; A 1997, 2106 ; 2013, 2744 )


The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)