Nevada HVAC & Mechanical Licensing Law

Nevada Code · 108 sections

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

NRS 104.9102

NRS

104.9102

Definitions and index of definitions.

1. In this Article:

(a) “Accession” means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.

(b) “Account,” except as used in “account for,” “account statement,” “account to,” “commodity account” in paragraph (o), “customer’s account,” “deposit account” in paragraph (ff), “on account of” and “statement of account” means a right to payment of a monetary obligation, whether or not earned by performance, for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; for services rendered or to be rendered; for a policy of insurance issued or to be issued; for a secondary obligation incurred or to be incurred; for energy provided or to be provided; for the use or hire of a vessel under a charter or other contract; arising out of the use of a credit or charge card or information contained on or for use with the card; or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes controllable accounts and health-care-insurance receivables. The term does not include chattel paper; commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card; or rights to payment evidenced by an instrument.

(c) “Account debtor” means a person obligated on an account, chattel paper or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the negotiable instrument evidences chattel paper.

(d) “Accounting,” except as used in “accounting for,” means a record:

(1) Signed by a secured party;

(2) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and

(3) Identifying the components of the obligations in reasonable detail.

(e) “Agricultural lien” means an interest, other than a security interest, in farm products:

(1) Which secures payment or performance of an obligation for:

(I) Goods or services furnished in connection with a debtor’s farming operation; or

(II) Rent on real property leased by a debtor in connection with its farming operation;

(2) Which is created by statute in favor of a person that:

(I) In the ordinary course of its business furnished goods or services to a debtor in connection with his or her farming operation; or

(II) Leased real property to a debtor in connection with his or her farming operation; and

(3) Whose effectiveness does not depend on the person’s possession of the personal property.

(f) “As-extracted collateral” means:

(1) Oil, gas or other minerals that are subject to a security interest that:

(I) Is created by a debtor having an interest in the minerals before extraction; and

(II) Attaches to the minerals as extracted; or

(2) Accounts arising out of the sale at the wellhead or minehead of oil, gas or other minerals in which the debtor had an interest before extraction.

(g) “Assignee,” except as used in “assignee for benefit of creditors,” means a person:

(1) In whose favor a security interest that secures an obligation is created or provided for under a security agreement, whether or not the obligation is outstanding; or

(2) To which an account, chattel paper, payment intangible or promissory note has been sold.

Ê The term includes a person to which a security interest has been transferred by a secured party.

(h) “Assignor” means a person that:

(1) Under a security agreement creates or provides for a security interest that secures an obligation; or

(2) Sells an account, chattel paper, payment intangible or promissory note.

Ê The term includes a secured party that has transferred a security interest to another person.

(i) “Bank” means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions and trust companies.

(j) “Cash proceeds” means proceeds that are money, checks, deposit accounts or the like.

(k) “Certificate of title” means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.

(l) “Chattel paper” means:

(1) A right to payment of a monetary obligation secured by specific goods, if the right to payment and security agreement are evidenced by a record; or

(2) A right to payment of a monetary obligation owed by a lessee under a lease agreement with respect to specific goods and a monetary obligation owed by the lessee in connection with the transaction giving rise to the lease, if:

(I) The right to payment and lease agreement are evidenced by a record; and

(II) The predominant purpose of the transaction giving rise to the lease was to give the lessee the right to possession and use of the goods.

Ê The term does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

(m) “Collateral” means the property subject to a security interest or agricultural lien. The term includes:

(1) Proceeds to which a security interest attaches;

(2) Accounts, chattel paper, payment intangibles and promissory notes that have been sold; and

(3) Goods that are the subject of a consignment.

(n) “Commercial tort claim” means a claim arising in tort with respect to which:

(1) The claimant is an organization; or

(2) The claimant is a natural person and the claim:

(I) Arose in the course of the claimant’s business or profession; and

(II) Does not include damages arising out of personal injury to or the death of a natural person.

(o) “Commodity account” means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.

(p) “Commodity contract” means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:

(1) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

(2) Traded on a foreign commodity board of trade, exchange or market, and is carried on the books of a commodity intermediary for a commodity customer.

(q) “Commodity customer” means a person for which a commodity intermediary carries a commodity contract on its books.

(r) “Commodity intermediary” means a person that:

(1) Is registered as a futures commission merchant under federal commodities law; or

(2) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

(s) “Communicate” means:

(1) To send a written or other tangible record;

(2) To transmit a record by any means agreed upon by the persons sending and receiving the record; or

(3) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.

(t) “Consignee” means a merchant to which goods are delivered in a consignment.

(u) “Consignment” means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

(1) The merchant:

(I) Deals in goods of that kind under a name other than the name of the person making delivery;

(II) Is not an auctioneer; and

(III) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

(2) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

(3) The goods are not consumer goods immediately before delivery; and

(4) The transaction does not create a security interest that secures an obligation.

(v) “Consignor” means a person that delivers goods to a consignee in a consignment.

(w) “Consumer debtor” means a debtor in a consumer transaction.

(x) “Consumer goods” means goods that are used or bought for use primarily for personal, family or household purposes.

(y) “Consumer-goods transaction” means a consumer transaction to the extent that:

(1) A natural person incurs an obligation primarily for personal, family or household purposes; and

(2) A security interest in consumer goods or in consumer goods and software that is held or acquired primarily for personal, family or household purposes secures the obligation.

(z) “Consumer obligor” means an obligor who is a natural person and who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes.

(aa) “Consumer transaction” means a transaction to the extent that a natural person incurs an obligation primarily for personal, family or household purposes; a security interest secures the obligation; and the collateral is held or acquired primarily for personal, family or household purposes. The term includes consumer-goods transactions.

(bb) “Continuation statement” means a change of a financing statement which:

(1) Identifies, by its file number, the initial financing statement to which it relates; and

(2) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.

(cc) “Controllable account” means an account evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under NRS 104B.12105 of the controllable electronic record.

(dd) “Controllable payment intangible” means a payment intangible evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under NRS 104B.12105 of the controllable electronic record.

(ee) “Debtor” means:

(1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;

(2) A seller of accounts, chattel paper,

payment intangibles or promissory notes; or

(3) A consignee.

(ff) “Deposit account” means a demand, time, savings, passbook or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.

(gg) “Document” means a document of title or a receipt of the type described in subsection 2 of NRS 104.7201 .

(hh) “Encumbrance” means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.

(ii) “Equipment” means goods other than inventory, farm products or consumer goods.

(jj) “Farm products” means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

(1) Crops grown, growing or to be grown, including:

(I) Crops produced on trees, vines and bushes; and

(II) Aquatic goods produced in aquacultural operations;

(2) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

(3) Supplies used or produced in a farming operation; or

(4) Products of crops or livestock in their unmanufactured states.

(kk) “Farming operation” means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.

(ll) “File number” means the number assigned to an initial financing statement pursuant to subsection 1 of NRS 104.9519 .

(mm) “Filing office” means an office designated in NRS 104.9501 as the place to file a financing statement.

(nn) “Filing-office rule” means a rule adopted pursuant to NRS 104.9526 .

(oo) “Financing statement” means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.

(pp) “Fixture filing” means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections 1 and 2 of NRS 104.9502 . The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

(qq) “Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.

(rr) “General intangible” means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas or other minerals before extraction. The term includes controllable electronic records, payment intangibles and software.

(ss) “Goods” means all things that are movable when a security interest attaches. The term includes fixtures; standing timber that is to be cut and removed under a conveyance or contract for sale; the unborn young of animals; crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if the program is associated with the goods in such a manner that it customarily is considered part of the goods, or by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas or other minerals before extraction.

(tt) “Governmental unit” means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.

(uu) “Health-care-insurance receivable” means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.

(vv) “Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary endorsement or assignment. The term does not include investment property, letters of credit, writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card or writings that evidence chattel paper.

(ww) “Inventory” means goods, other than farm products, which:

(1) Are leased by a person as lessor;

(2) Are held by a person for sale or lease or to be furnished under a contract of service;

(3) Are furnished by a person under a contract of service; or

(4) Consist of raw materials, work in process, or materials used or consumed in a business.

(xx) “Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.

(yy) “Jurisdiction of organization,” with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.

(zz) “Letter-of-credit right” means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.

(aaa) “Lien creditor” means:

(1) A creditor that has acquired a lien on the property involved by attachment, levy or the like;

(2) An assignee for benefit of creditors from the time of assignment;

(3) A trustee in bankruptcy from the date of the filing of the petition; or

(4) A receiver in equity from the time of appointment.

(bbb) “Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is 8 feet or more in body width or 40 feet or more in body length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.

(ccc) “Manufactured-home transaction” means a secured transaction:

(1) That creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or

(2) In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.

(ddd) “Money” has the meaning ascribed to it in paragraph (y) of subsection 2 of NRS 104.1201 , but does not include a deposit account.

(eee) “Mortgage” means a consensual interest in real property, including fixtures, which is created by a mortgage, deed of trust, or similar transaction.

(fff) “New debtor” means a person that becomes bound as debtor under subsection 4 of NRS 104.9203 by a security agreement previously entered into by another person.

(ggg) “New value” means money; money’s worth in property, services or new credit; or release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

(hhh) “Noncash proceeds” means proceeds other than cash proceeds.

(iii) “Obligor” means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include an issuer or a nominated person under a letter of credit.

(jjj) “Original debtor” means, except as used in subsection 3 of NRS 104.9310 , a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection 4 of NRS 104.9203 .

(kkk) “Payment intangible” means a general intangible under which the account debtor’s principal obligation is a monetary obligation. The term includes a controllable payment intangible.

(lll) “Person related to,” with respect to a natural person, means:

(1) The person’s spouse;

(2) The person’s brother, brother-in-law, sister or sister-in-law;

(3) The person’s or the person’s spouse’s ancestor or lineal descendant; or

(4) Any other relative, by blood or marriage, of the person or the person’s spouse who shares the same home with him or her.

(mmm) “Person related to,” with respect to an organization, means:

(1) A person directly or indirectly controlling, controlled by or under common control with the organization;

(2) An officer or director of, or a person performing similar functions with respect to, the organization;

(3) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (1);

(4) The spouse of a natural person described in subparagraph (1), (2) or (3); or

(5) A person who is related by blood or marriage to a person described in subparagraph (1), (2), (3) or (4) and shares the same home with that person.

(nnn) “Proceeds” means, except as used in subsection 2 of NRS 104.9609 , the following property:

(1) Whatever is acquired upon the sale, lease, license, exchange or other disposition of collateral;

(2) Whatever is collected on, or distributed on account of, collateral;

(3) Rights arising out of collateral;

(4) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; and

(5) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

(ooo) “Promissory note” means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

(ppp) “Proposal” means a record signed by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to NRS 104.9620 , 104.9621 and 104.9622 .

(qqq) “Public-finance transaction” means a secured transaction in connection with which:

(1) Debt securities are issued;

(2) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

(3) The debtor, the obligor, the secured party, the account debtor or other person obligated on collateral, the assignor or assignee of a secured obligation, or the assignor or assignee of a security interest is a state or a governmental unit of a state.

(rrr) “Public organic record” means a record that is available to the public for inspection and is:

(1) A record consisting of the record

initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;

(2) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

(3) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States which forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States which amends or restates the name of the organization.

(sss) “Pursuant to commitment,” with respect to an advance made or other value given by a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event of default or other event not within the secured party’s control has relieved or may relieve the secured party from its obligation.

(ttt) “Record,” except as used in “for record,” “of record,” “record or legal title,” and “record owner,” means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

(uuu) “Registered organization” means an organization formed or organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust’s organic record be filed with the state.

(vvv) “Secondary obligor” means an obligor to the extent that:

(1) The obligor’s obligation is secondary; or

(2) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor or property of either.

(www) “Secured party” means:

(1) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

(2) A person that holds an agricultural lien;

(3) A consignor;

(4) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;

(5) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or

(6) A person that holds a security interest arising under NRS 104.2401 , 104.2505 , subsection 3 of NRS 104.2711 , NRS 104.4210 , 104.5118 or subsection 5 of NRS 104A.2508 .

(xxx) “Security agreement” means an agreement that creates or provides for a security interest.

(yyy) “Software” means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is contained in goods unless the goods are a computer or computer peripheral.

(zzz) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(aaaa) “Supporting obligation” means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, document, general intangible, instrument or investment property.

(bbbb) “Termination statement” means a subsequent filing which:

(1) Identifies, by its file number, the initial financing statement to which it relates; and

(2) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.

(cccc) “Transmitting utility” means a person primarily engaged in the business of:

(1) Operating a railroad, subway, street railway or trolley bus;

(2) Transmitting communications electrically, electromagnetically or by light;

(3) Transmitting goods by pipeline;

(4) Providing sewerage; or

(5) Transmitting or producing and transmitting electricity, steam, gas or water.

1. “Control” as provided in NRS 104.7106 and the following definitions in other Articles apply to this Article:

“Applicant.” NRS 104.5102 .

“Beneficiary.” NRS 104.5102 .

“Broker.” NRS 104.8102 .

“Certificated security.” NRS 104.8102 .

“Check.” NRS 104.3104 .

“Clearing corporation.” NRS 104.8102 .

“Contract for sale.” NRS 104.2106 .

“Controllable electronic record.” NRS 104B.12102 .

“Customer.” NRS 104.4104 .

“Entitlement holder.” NRS 104.8102 .

“Financial asset.” NRS 104.8102 .

“Holder in due course.” NRS 104.3302 .

“Issuer” (with respect to a letter of credit or letter-of-credit right). NRS 104.5102 .

“Issuer” (with respect to a security). NRS 104.8201 .

“Issuer” (with respect to documents of title). NRS 104.7102 .

“Lease.” NRS 104A.2103 .

“Lease agreement.” NRS 104A.2103 .

“Lease contract.” NRS 104A.2103 .

“Leasehold interest.” NRS 104A.2103 .

“Lessee.” NRS 104A.2103 .

“Lessee in ordinary course of business.” NRS 104A.2103 .

“Lessor.” NRS 104A.2103 .

“Lessor’s residual interest.” NRS 104A.2103 .

“Letter of credit.” NRS 104.5102 .

“Merchant.” NRS 104.2104 .

“Negotiable instrument.” NRS 104.3104 .

“Nominated person.” NRS 104.5102 .

“Note.” NRS 104.3104 .

“Proceeds of a letter of credit.” NRS 104.5114 .

“Protected purchaser.” NRS 104.8303 .

“Prove.” NRS 104.3103 .

“Qualifying purchaser.” NRS 104B.12102 .

“Sale.” NRS 104.2106 .

“Securities account.” NRS 104.8501 .

“Securities intermediary.” NRS 104.8102 .

“Security.” NRS 104.8102 .

“Security certificate.” NRS 104.8102 .

“Security entitlement.” NRS 104.8102 .

“Uncertificated security.” NRS 104.8102 .

1. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

(Added to NRS by 1999, 281 ; A 2001, 710 ; 2005, 860 ; 2011, 608 ; 2023, 3193 )

NRS 113.120

NRS

113.120

Regulations prescribing format and contents of form for disclosing condition of property.

The Real Estate Division of the Department of Business and Industry shall adopt regulations prescribing the format and contents of a form for disclosing the condition of residential property offered for sale. The regulations must ensure that the form:

1. Provides for an evaluation of the condition of any electrical, heating, cooling, plumbing and sewer systems on the property, and of the condition of any other aspects of the property which affect its use or value, and allows the seller of the property to indicate whether or not each of those systems and other aspects of the property has a defect of which the seller is aware.

2. Provides notice:

(a) Of the provisions of NRS 113.140 and subsection 5 of NRS 113.150 .

(b) That the disclosures set forth in the form are made by the seller and not by the seller’s agent.

(c) That the seller’s agent, and the agent of the purchaser or potential purchaser of the residential property, may reveal the completed form and its contents to any purchaser or potential purchaser of the residential property.

(Added to NRS by 1995, 842 )

NRS 116.2102

NRS

116.2102

Unit boundaries.

Except as otherwise provided by the declaration:

1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.

2. If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

3. Subject to subsection 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.

4. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, pads and mounts for heating and air-conditioning systems, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.

(Added to NRS by 1991, 543 )

NRS 117.040

NRS

117.040

Incidents of grant.

Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows:

1. The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the buildings so described and the airspace so encompassed. The following are not part of the unit: Bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries shown on the plan or in the deed and those of the building.

2. The common areas are owned by the owners of the unit as tenants in common in equal shares, one for each unit.

3. A nonexclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements.

4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his or her own unit.

(Added to NRS by 1963, 127 )

NRS 154.080

NRS

154.080

Sale of real property after judgment: Procedure.

1. Upon any judgment entered by a court of competent jurisdiction, escheating real property to the State, on petition of the Attorney General, or on petition of a personal representative of the estate, the court shall, or the court may upon its own motion, enter an order that the real property be sold by the sheriff of the county where the property is situated, at public sale, after giving notice of the time and place of sale as is provided in cases of sale of property under execution.

2. The sheriff shall, within 10 days after the sale, submit a report thereof to the court. Upon the hearing of the report, the court may examine the report and any witnesses, and if the proceedings were unfair, or the sum bid is disproportionate to the value of the property sold, or if it appears that a sum exceeding the bid by at least 5 percent may be obtained, the court may vacate the sale and direct another sale to be conducted in all respects as if no previous sale had taken place.

3. If an offer of 5 percent more in amount than that named in the report is made to the court in writing by a responsible person, the court may accept that offer and confirm the sale, or order a new sale.

4. If it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a sum in excess of 5 percent more than the bid cannot be obtained, or if an increased bid was accepted by the court, the court shall enter an order confirming the sale and directing the sheriff, in the name of the State, to execute to the purchaser a conveyance of the property sold. The conveyance vests in the purchaser all the right and title of the State therein.

5. The sheriff shall, out of the proceeds of the sale, pay the costs of the proceedings incurred on behalf of the State, including the expenses of making the sale, and also an attorney’s fee, if additional counsel was employed in the proceedings, to be fixed by the court. The sheriff shall deposit the remaining proceeds in the State Treasury for credit to the Fund for Escheated Estates.

[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1983, 1091 ; 1999, 2355 )

NRS 154.120

NRS

154.120

Proceedings for recovery of property.

1. If, within 6 years after any judgment escheating property to the State, any person claims any money or property vested in the State by the judgment, the person may file a petition in the district court of Carson City, stating the nature of the claim, with an appropriate request for the relief demanded.

2. A copy of the petition must be served upon the Attorney General before or at the time of filing. Within 20 days after service, the Attorney General shall appear in the proceeding and plead or answer the petition. If, after examining all the facts, the Attorney General is convinced that the State has no legal defense against the petition, the Attorney General may, with the consent of the court, confess judgment on behalf of the State.

3. If judgment is not confessed, the petition is at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order.

4. Upon the hearing, the court shall examine the claim and hear the allegations and evidence. If the court finds that the person is entitled to any money, it shall, by judgment, order the State Controller to draw a warrant in favor of the claimant upon the State Treasurer for the sum specified in the order, but without interest, income or cost of any kind to the state. A certified copy of the judgment and order directing the State Controller to draw the warrant for money is a sufficient voucher to do so.

5. If any property is the subject of the trial, and the court finds the claimant entitled to it, the court shall enter an order accordingly. The order divests the interests of the State in or to the property, but no interest, income or other cost of any kind may be taxed against the State.

6. If any property has been sold as provided in this chapter after the judgment of escheat, the petitioner is entitled to the proceeds of the sale less the cost of the sale without any interest, income or other cost to the State of any kind, in lieu of the property, and the court shall enter an order accordingly.

7. All persons, except minors and incapacitated persons, who fail to appear and file their petitions within the time limited in subsection 1 are barred forever. Minors and incapacitated persons may appear and file their petitions at any time within 5 years after their respective disabilities are removed.

[Part 6:55:1941; A 1951, 26 ] + [Part 315:107:1941; A 1951, 27 ]—(NRS A 1969, 315 ; 1983, 1092 ; 1999, 2356 )

NRS 202.2485

NRS

202.2485

Definitions.

As used in NRS 202.2485 to 202.2497 , inclusive:

1. “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include:

(a) A vapor product;

(b) A product made or derived from tobacco; or

(c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

1. “Distribute” includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.

2. “Health authority” means the district health officer in a district, or his or her designee, or, if none, the Chief Medical Officer, or his or her designee.

3. “Product made or derived from tobacco” does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

4. “Vapor product”:

(a) Means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form, the use or inhalation of which simulates smoking.

(b) Includes, without limitation:

(1) An electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device; and

(2) The components of such a product or device, whether or not sold separately, including, without limitation, vapor cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device, atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices. As used in this subparagraph, “component” means a product or device intended primarily or exclusively to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device.

(c) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

(Added to NRS by 1993, 2843 ; A 1995, 2603 ; 2001, 2788 ; 2013, 1530 ; 2015, 1936 ; 2019, 3594 )

NRS 202.24915

NRS

202.24915

Smoking tobacco: Allowed under certain circumstances in certain stores that are principally devoted to sale of food for human consumption off premises.

1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:

(a) The entire interior public area of the store is 10,000 square feet or less; or

(b) The area:

(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and

(2) Contains a method of ventilation which substantially removes smoke from the area.

1. Except as otherwise provided in subsection 3, until January 1, 2007, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160

if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2007, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.

1. If at any time before January 1, 2007, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodeling a method of ventilation which substantially removes smoke from the area.

2. For the purposes of this section, “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155 , if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.

(Added to NRS by 1999, 1691 ; A 2003, 1007 )

NRS 202.560

NRS

202.560

Removal of doors from discarded refrigerators, iceboxes and deep-freeze lockers.

1. Any person who discards or abandons in any place accessible to children, or who has in his or her possession, any refrigerator, icebox or deep-freeze locker, having a capacity of 1 1/2 cubic feet or more which is no longer in use and which has not had the door removed, shall be punished by a fine of not more than $500.

2. Any owner, lessee or manager who knowingly permits such abandoned or discarded refrigerator, icebox or deep-freeze locker to remain on premises under his or her control without having the door removed shall be punished by a fine of not more than $500.

3. Guilt of a violation of this section shall not in itself render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator, icebox, or deep-freeze locker.

4. The provisions of this section shall not apply to any vendor or seller of refrigerators, iceboxes or deep-freeze lockers who keeps or stores them for sale purposes, if the vendor or seller takes reasonable precautions to secure effectively the door of any such refrigerator, icebox or deep-freeze locker so as to prevent entrance by children small enough to fit therein.

[1911 C&P § 326.5; added 1953, 206 ]—(NRS A 1967, 488 )

NRS 205.2705

NRS

205.2705

Use of unlawful coin or cheating device in vending machine, telephone or other coin operated device prohibited; penalty.

1. It is unlawful for any person, in using any lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or in connection with the sale, use or enjoyment of property or service:

(a) To use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such device; or

(b) To use or have on his or her person any cheating or thieving device to facilitate removing from any lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.

1. Every person who violates any of the provisions of this section is guilty of a gross misdemeanor.

(Added to NRS by 1973, 446 )

MOTOR VEHICLES

NRS 211.2415

NRS

211.2415

Reimbursement for expenses incurred by county or city.

1. A board of county commissioners or the governing body of an incorporated city may seek reimbursement from a nonindigent prisoner for expenses incurred by the county or city for:

(a) The maintenance and support of the prisoner in a county or city jail or detention facility to which the prisoner has been assigned, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed; or

(b) The administration of an alternative program to which the prisoner has been assigned, including, without limitation, the costs of supervising the prisoner in the program.

1. The amount of reimbursement sought by a county or city pursuant to paragraph (a) of subsection 1 must not exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air-conditioning, food, clothing, bedding and medical care to a prisoner.

(Added to NRS by 1995, 837 ; A 1999, 121 )

NRS 244.276

NRS

244.276

Purchase, sale or exchange of property with owners abutting road or flood control facility to adjust road or flood control facility; reversion of property acquired by dedication.

1. Except as otherwise provided in subsection 2, any county may buy, sell or exchange property in the manner set forth in subsection 3 without complying with the provisions of NRS 244.281 when deemed necessary or proper to establish, align, realign, change, vacate or otherwise adjust a street, alley, avenue or other thoroughfare, or portion thereof, or a flood control facility within its limits.

2. If the county acquired the property by dedication, the property may not be sold and ownership must revert to the abutting property owners in the proportion that the property was dedicated by them or their predecessors in interest. In the case of realignment, the property may be exchanged for other real property.

3. When a petition signed by all property holders owning or controlling property abutting on a proposed or existing street, avenue, alley or other thoroughfare, or a flood control facility, which may be affected by an establishment, alignment, realignment, change, vacation or other adjustment is presented to any board of county commissioners, praying to have the proposed or existing street, alley, avenue or other thoroughfare, or the flood control facility, established, aligned, realigned, changed, vacated or otherwise adjusted, or upon the resolution of the board of county commissioners, the board of county commissioners may make the establishment, alignment, realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, or flood control facilities, in order to carry out any necessary establishment, alignment, realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.

4. As used in this section, “flood control facility” means any natural or artificial water facility for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and floodwaters, including, without limitation, ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion facilities.

(Added to NRS by 1967, 268 ; A 1969, 677 ; 1977, 627 ; 1987, 204 ; 2003, 422 )

NRS 267.460

NRS

267.460

“Drainage project” defined.

“Drainage project” means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters and storm and floodwaters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion, drainage and flood-control facilities (or any combination thereof).

(Added to NRS by 1969, 248 )

NRS 267.495

NRS

267.495

“Sewerage project” defined.

“Sewerage project” means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a drainage project as defined in

NRS 267.460 .

(Added to NRS by 1969, 249 )

NRS 267.500

NRS

267.500

“Water project” defined.

“Water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

(Added to NRS by 1969, 249 )

NRS 268.4112

NRS

268.4112

Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance; contents of ordinance; rates; penalties for delinquent payment; collection; review of necessity.

1. In a county whose population is 700,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.

2. An excise tax imposed pursuant to subsection 1 must be levied at different rates for different classes of customers and must take into account differences in the amount of water used or estimated to be used and the size of the connection.

3. The ordinance imposing the tax must provide:

(a) The rate or rates of the tax, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

(b) The procedure for collection of the tax;

(c) The duration of the tax; and

(d) The rate of interest that will be charged on late payments.

1. Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent charges are collected pursuant to NRS 268.043 for utility services charges.

2. Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this section until those bonds or other obligations have been discharged in full.

3. The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

4. As used in this section:

(a) “Utility services” has the meaning ascribed to it in NRS 268.043 .

(b) “Water authority” means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

(c) “Water facility” means a facility pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

(Added to NRS by 1997, 1551 ; A 1999, 464 ; 2011, 1158 ; 2017, 376 )

NRS 268.682

NRS

268.682

“Drainage project” and “flood control project” defined.

“Drainage project” or “flood control project,” or any phrase of similar import, means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and floodwaters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus and other water diversion, drainage and flood control facilities, or any combination thereof. The term includes a flood management project.

(Added to NRS by 1973, 998 ; A 2009, 2740 )

NRS 268.700

NRS

268.700

“Overpass project” defined.

“Overpass project” means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, over any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

(Added to NRS by 1973, 999 ; A 1979, 1319 )

NRS 268.714

NRS

268.714

“Sewerage project” defined.

“Sewerage project” means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a “drainage project” as herein defined.

(Added to NRS by 1973, 1000 )

NRS 268.726

NRS

268.726

“Underpass project” defined.

“Underpass project” means any tunnel, tube, open cut, or other subway, structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, under any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

(Added to NRS by 1973, 1001 ; A 1979, 1319 )

NRS 268.728

NRS

268.728

“Water project” defined.

“Water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

(Added to NRS by 1973, 1001 )

NRS 268.817

NRS

268.817

Authorized uses of pedestrian mall; control and regulation of mall by governing body.

1. A pedestrian mall may be used for any purpose that will enhance the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians, and other purposes necessary or appropriate to carry out the provisions of NRS 268.810 to 268.823 , inclusive, including, without limitation, seating, merchandising, exhibiting, advertising and any other use, activity or special event which in the judgment of the governing body or operating entity will accomplish any of those purposes.

2. The governing body may control or regulate or authorize the control or regulation of:

(a) The distribution and location of movable furniture, sculpture, devices to control pedestrian traffic, landscaping and other facilities that are incidental to the pedestrian mall;

(b) The uses to be permitted or restricted on the pedestrian mall by occupants of abutting property, any transit or telephone utility, concessionaires, vendors, newspaper vending machines and others to serve the convenience and enjoyment of pedestrians and the location of such uses;

(c) The raising of revenue through the imposition of a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall;

(d) The use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith;

(e) The operation of any lighting, heating or other facilities in the pedestrian mall;

(f) The replacement of any landscaping and maintenance of the furniture and facilities in the pedestrian mall;

(g) The access to the pedestrian mall by the public and closure of the pedestrian mall to the public for purposes of special events or activities for limited periods of time;

(h) The use of the pedestrian mall for parades and other similar activities; and

(i) Other activities, actions or conduct to promote the best interests of the public and carry out the provisions of NRS 268.810 to 268.823 , inclusive.

(Added to NRS by 1993, 1175 )

NRS 271.147

NRS

271.147

“Neighborhood improvement project” defined.

“Neighborhood improvement project” includes:

1. The beautification and improvement of the public portions of any area, including, without limitation:

(a) Public restrooms;

(b) Facilities for outdoor lighting and heating;

(c) Decorations;

(d) Fountains;

(e) Landscaping;

(f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;

(g) Ramps, sidewalks and plazas; and

(h) Rehabilitation or removal of existing structures; and

1. The improvement of an area by providing promotional activities.

(Added to NRS by 1999, 2861 ; A 2015, 143 )—(Substituted in revision for NRS 271.063)

NRS 271.155

NRS

271.155

“Overpass project” defined.

“Overpass project” means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.

(Added to NRS by 1965, 1352 )

NRS 271.245

NRS

271.245

“Underpass project” defined.

“Underpass project” means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.

(Added to NRS by 1965, 1355 )

NRS 279.388

NRS

279.388

“Blighted area” defined.

1. Except as otherwise provided in subsection 2, “blighted area” means an area which is characterized by at least four of the following factors:

(a) The existence of buildings and structures, used or intended to be used for residential, commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of one or more of the following factors:

(1) Defective design and character of physical construction.

(2) Faulty arrangement of the interior and spacing of buildings.

(3) Inadequate provision for ventilation, light, sanitation, open spaces and recreational facilities.

(4) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.

(b) An economic dislocation, deterioration or disuse.

(c) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.

(d) The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.

(e) The existence of inadequate streets, open spaces and utilities.

(f) The existence of lots or other areas which may be submerged.

(g) Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is substantially reduced and tax receipts are inadequate for the cost of public services rendered.

(h) A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

(i) A loss of population and a reduction of proper use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

(j) The environmental contamination of buildings or property.

(k) The existence of an abandoned mine.

1. If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad, “blighted area” means an area which is characterized by at least four of the factors set forth in subsection 1 or characterized by one or more of the following factors:

(a) The existence of railroad facilities, used or intended to be used, for commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes because of age, obsolescence, deterioration or dilapidation.

(b) A growing or total lack of proper utilization of the railroad facilities resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

(c) The lack of adequate rail facilities that has resulted or will result in an economic hardship to the community.

(Added to NRS by 1959, 648 ; A 1985, 2068 ; 2005, 2214 )

NRS 318.116

NRS

318.116

Basic powers which may be granted to district.

Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

1. Furnishing electric light and power, as provided in NRS 318.117 ;

2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica , as provided in NRS 318.118 ;

3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119 ;

4. Furnishing facilities for swimming pools, as provided in NRS 318.1191 ;

5. Furnishing facilities for television, as provided in NRS 318.1192 ;

6. Furnishing facilities for FM radio, as provided in NRS 318.1187 ;

7. Furnishing streets and alleys, as provided in NRS 318.120 ;

8. Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125 ;

9. Furnishing sidewalks, as provided in NRS 318.130 ;

10. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135 ;

11. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140 ;

12. Furnishing facilities for lighting streets, as provided in NRS 318.141 ;

13. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142 ;

14. Furnishing recreational facilities, as provided in NRS 318.143 ;

15. Furnishing facilities for water, as provided in NRS 318.144 ;

16. Furnishing fencing, as provided in NRS 318.1195 ;

17. Furnishing facilities for protection from fire, as provided in NRS 318.1181 ;

18. Furnishing energy for space heating, as provided in NRS 318.1175 ;

19. Furnishing emergency medical services, as provided in NRS 318.1185 ;

20. Control of noxious weeds, as provided in chapter 555 of NRS; and

21. Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as provided in NRS 318.1177 .

(Added to NRS by 1967, 1693 ; A 1969, 201 ; 1971, 261 ; 1977, 533 ; 1979, 571 ; 1985, 1803 ; 1989, 1881 ; 1993, 2783 ; 1995, 179 , 1905 ;

1997, 483 ; 2001, 2083 ; 2003, 1513 ; 2015, 3593 )

NRS 318.203

NRS

318.203

Structure reasonably believed to be used as dwelling unit in certain counties: Affidavit filed by employee of district or other person; notice and hearing; resolution to charge owner of dwelling unit for services provided by district.

1. If an employee of a general improvement district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a general improvement district in a county whose population is less than 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

2. If a board of trustees receives an affidavit described in subsection 1, the board may set a date for a hearing to determine whether the unit referenced in the affidavit is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing.

3. Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to NRS 318.197 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.

4. As used in this section:

(a) “Dwelling unit” means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel.

(b) “Kitchen” means a room, all or part of which is designed or used for storage, refrigeration, cooking and preparation of food.

(c) “Owner” means a person to whom the parcel of real property upon which the unit referenced in an affidavit submitted pursuant to subsection 1 is located is assessed in the most recent assessment roll available.

(Added to NRS by 2001, 1709 ; A 2011, 1215 )

NRS 332.330

NRS

332.330

“

Operating cost-savings measure” defined.

“Operating cost-savings measure”:

1. Means any improvement, repair or alteration to a building, or any equipment, fixture or furnishing to be added or used in a building that is designed to reduce operating costs, including, without limitation, those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and increase the operating efficiency of the building for the appointed functions that are cost-effective.

2. Includes, without limitation:

(a) Operational or maintenance labor savings resulting from reduced costs for maintenance contracts as provided through reduction of required maintenance or operating tasks, including, without limitation, replacement of filters and lighting products, and equipment failures.

(b) Investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

(1) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

(2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

(3) Automated or computerized energy control systems.

(4) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

(5) Replacement of, or modifications to, lighting fixtures.

(6) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

(7) Energy recovery systems.

(8) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

(9) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

(10) Installation of, or modification to, technologies that use renewable or alternative energy sources.

(11) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

(12) Programs for improvement of steam traps to reduce operating costs.

(13) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

(14) Any additional improvements to building infrastructures that produce energy and operating cost savings, significantly reduce energy consumption or increase the operating efficiency of the buildings for their appointed functions, provided that such improvements comply with applicable building codes.

(15) Trash compaction and waste minimization.

(16) Ground source systems for heating and cooling.

(c) Investment in educational programs relating to the operation and maintenance of any equipment installed to reduce operating costs.

1. Does not include the construction of a new building or any addition to a building that increases the square footage of the building.

(Added to NRS by 2003, 3049 ; A 2009, 965 )

NRS 332.362

NRS

332.362

Duty of board of trustees of school district to adopt policy concerning performance contracts; requirements for policy; annual report.

1. The board of trustees of a school district shall adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract. The policy must include, without limitation:

(a) The criteria for determining the work which will be evaluated pursuant to the policy;

(b) The requirement that the board of trustees or its designee evaluate whether the work to be performed:

(1) Consists primarily of one or more operating cost-savings measures;

(2) Qualifies to be performed pursuant to a performance contract with a return on investment that the board of trustees determines would make entering into a performance contract in the best interest of the school district; and

(3) Would be more reasonably included under an existing performance contract rather than a new performance contract; and

(c) The requirement that the board of trustees or its designee, if it determines not to enter into a performance contract, document the reasons for that determination.

1. The board of trustees of a school district shall cause to be prepared an annual report which sets forth the operating cost-savings measures, if any, that:

(a) Were identified in a financial-grade operational audit submitted to the board of trustees pursuant to subsection 5 of NRS 332.360 during the immediately preceding year; and

(b) Were not included in a performance contract during the immediately preceding year.

1. As used in this section, “operating cost-savings measure” means an investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

(c) Automated or computerized energy control systems.

(d) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

(e) Replacement of, or modifications to, lighting fixtures.

(f) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

(g) Energy recovery systems.

(h) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

(i) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

(j) Installation of, or modification to, technologies that use renewable or alternative energy sources.

(k) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

(l) Programs for improvement of steam traps to reduce operating costs.

(m) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

(n) Trash compaction and waste minimization.

(o) Ground source systems for heating and cooling.

(Added to NRS by 2013, 2118 )

NRS 341.091

NRS

341.091

Adoption of standards and performance guidelines relating to efficient use of water and energy.

1. For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

(a) Standards for the efficient use of water.

(b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

(c) Performance guidelines for new, remodeled and renovated buildings.

(d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

(1) Energy consumption.

(2) The use of potable water.

(3) The use of water for purposes relating to landscaping.

(4) The disposal of solid waste.

1. The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

(a) Are cost-effective over the life of the applicable project.

(b) Produce certain threshold levels of cost savings.

1. In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

(a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

(b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

(c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;

(d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

(e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

(f) The criteria established by the International Energy Conservation Code .

1. The regulations adopted pursuant to this section must include provisions for their enforcement.

2. As used in this section:

(a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

(1) Agricultural crops and agricultural wastes and residues;

(2) Wood and wood wastes and residues;

(3) Animal wastes;

(4) Municipal wastes; and

(5) Aquatic plants.

(b) “Renewable energy” means:

(1) Biomass;

(2) Solar energy; or

(3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2009, 2755 ; A 2011, 118 )

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

NRS 341.151

NRS

341.151

Calculation of final total cost of building including initial construction costs and operating costs for expected useful life of building; statement of proposed source of funding.

1. The Division shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.

2. Each proposal for the construction of a state building must include:

(a) Figures showing the final total cost of the building, which is the sum of:

(1) Initial construction costs; and

(2) Operating costs for the expected useful life of the building, including maintenance, heating, lighting and air-conditioning; and

(b) A statement of the proposed source of funding for the final total cost of the building.

(Added to NRS by 1977, 276 ; A 1997, 2486 ; 2013, 396 )

CONTRACTS FOR SERVICES

NRS 361.077

NRS

361.077

Exemption of property used for control of air or water pollution.

1. All property, both real and personal, is exempt from taxation to the extent that the property is used as a facility, device or method for the control of air or water pollution.

2. As used in this section, “facility, device or method for the control of air or water pollution” means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of the use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.

3. As used in this section, “facility, device or method for the control of air or water pollution” does not include:

(a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.

(b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.

(c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or by-product, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.

1. The exemption may be allowed only to a person who files an affidavit declaring that the property for which the exemption is being sought meets the requirements of subsection 1. The affidavit must be filed with the claim for the exemption pursuant to NRS 361.155 .

2. The Department shall prepare and publish a report each fiscal year showing:

(a) The assessed value of properties within each county which are exempt from taxation under this section;

(b) The loss in tax revenues to the State General Fund and to each local taxing entity from the exemption; and

(c) Such other information as the Department may deem relevant to indicate the effect of the loss of tax revenue on the State and on local taxing entities.

Ê Each county assessor shall provide the Department with the data it needs to complete the report required by this section.

(Added to NRS by 1973, 348 ; A 1975, 243 , 328 ,

1752 ;

1987, 811 ; 1989, 1817 ; 1991, 2090 )

NRS 370.054

NRS

370.054

“Vapor product” defined.

“Vapor product”:

1. Means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form, the use or inhalation of which simulates smoking.

2. Includes, without limitation:

(a) An electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device; and

(b) The components of such a product or device, whether or not sold separately, including, without limitation, vapor cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device, atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices. As used in this paragraph, “component” means a product intended primarily or exclusively to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device.

1. Does not include any product:

(a) Regulated by the United States Food and Drug Administration pursuant to subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

(b) Subject to the excise tax on cannabis or cannabis products pursuant to NRS 372A.200

to 372A.380 , inclusive.

(c) Purchased by a person who holds a current, valid medical cannabis establishment license pursuant to chapter 678B of NRS.

(Added to NRS by 2015, 2496 ; A 2019, 3590 )

NRS 372.7265

NRS

372.7265

Calculation of tax imposed on retail sale of large appliances.

1. In administering the provisions of this chapter, the Department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:

(a) If the large appliance is sold separately or with installation or replacement services, or any combination thereof, the sales tax must be applied to the retail sales price of the large appliance to the customer. The sales tax does not apply to charges for or associated with installation and replacement if those charges are stated separately on the sales receipt or in the contract of sale.

(b) If the large appliance is sold as a constituent part of a contract for the construction or refurbishment of an improvement to real property or a mobile home, the sales tax must be paid by the contractor on the sales price of the large appliance to the contractor.

1. As used in this section:

(a) “Contract for the construction or refurbishment of an improvement to real property” means a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home, including the remodeling, altering or repairing of an improvement to real property or a mobile home. The term does not include the sale, delivery, installation or replacement of one or more large appliances not included in a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home.

(b) “Large appliance” includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.

(c) “Replacement” means the removal of an old large appliance and the installation of a new large appliance.

(Added to NRS by 1997, 912 )

NRS 374.7275

NRS

374.7275

Calculation of tax imposed on retail sale of large appliances.

1. In administering the provisions of this chapter, the Department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:

(a) If the large appliance is sold separately or with installation or replacement services, or any combination thereof, the sales tax must be applied to the retail sales price of the large appliance to the customer. The sales tax does not apply to charges for or associated with installation and replacement if those charges are stated separately on the sales receipt or in the contract of sale.

(b) If the large appliance is sold as a constituent part of a contract for the construction or refurbishment of an improvement to real property or a mobile home, the sales tax must be paid by the contractor on the sales price of the large appliance to the contractor.

1. As used in this section:

(a) “Contract for the construction or refurbishment of an improvement to real property” means a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home, including the remodeling, altering or repairing of an improvement to real property or a mobile home. The term does not include the sale, delivery, installation or replacement of one or more large appliances not included in a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home.

(b) “Large appliance” includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.

(c) “Replacement” means the removal of an old large appliance and the installation of a new large appliance.

(Added to NRS by 1997, 913 )

NRS 392.4575

NRS

392.4575

Educational involvement accords; policy by school districts for development and distribution.

1. The Department shall ensure that all public schools in this State use educational involvement accords that comply with the requirements of this section. The educational involvement accord must comply with the policy:

(a) For parental involvement required by the federal Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.

(b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457 .

1. Each educational involvement accord must include, without limitation:

(a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

(1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

(2) Reviewing and checking the pupil’s homework; and

(3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

(b) The responsibilities of a pupil in a public school, including, without limitation:

(1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

(2) Using all school equipment and property appropriately and safely;

(3) Following the directions of any adult member of the staff of the school;

(4) Completing and submitting homework in a timely manner; and

(5) Respecting himself or herself, others and all property.

(c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

(1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

(2) Maximizing the educational and social experience of each pupil;

(3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

(4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

1. Each educational involvement accord must be accompanied by, without limitation:

(a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

(b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

(c) The homework and grading policies of the pupil’s teacher or school;

(d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

(e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

(f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

(g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

(h) The classroom rules and policies;

(i) The dress code of the school, if any;

(j) The availability of assistance to parents who have limited proficiency in the English language;

(k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

(l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

(m) The code of honor relating to cheating prescribed pursuant to NRS 392.461 .

1. The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

(a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

(b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

(Added to NRS by 2005, 1659 ; A 2007, 2914 ; 2009, 2335 , 2337 ;

2011, 1986 ; 2013, 1935 ; 2017, 3275 ; 2023, 3371 )

NRS 392.461

NRS

392.461

Code of honor relating to cheating; contents; distribution.

1. The Department shall prescribe by regulation a written policy that establishes a code of honor for pupils relating to cheating on examinations and course work. The policy must be developed in consultation with the boards of trustees of school districts, the governing bodies of charter schools, educational personnel employed by school districts and charter schools, and local associations and organizations of parents whose children are enrolled in public schools throughout this State.

2. The policy must include, without limitation, a definition of cheating that clearly and concisely informs pupils which acts constitute cheating for purposes of the code of honor.

3. On or before July 1 of each year, the Department shall:

(a) Provide a copy of the code of honor to the board of trustees of each school district and the governing body of each charter school.

(b) Review and amend the code of honor as necessary.

1. Copies of the code of honor must be made available for inspection at each public school located within a school district, including, without limitation, each charter school, in an area on the grounds of the school that is open to the public.

2. Each classroom teacher shall:

(a) Distribute the code of honor to each pupil enrolled in the teacher’s class and to the parent or legal guardian of each pupil enrolled in his or her class at the beginning of each school year or upon a pupil’s enrollment in the teacher’s class, as applicable;

(b) Provide the pupil and the parent or legal guardian of the pupil with a reasonable opportunity to sign the code of honor; and

(c) If the code of honor is returned with the signatures, retain a copy of the signed code of honor in the pupil’s file.

(Added to NRS by 2005, 1661 ; A 2007, 2916 )

NRS 393.0719

NRS

393.0719

Payment of expenses by school district; reimbursement by users; exception to reimbursement for use of school library by general public.

1. Lighting, heating, janitorial service and the services of the person referred to in NRS 393.0718 , when needed, and other necessary expenses, in connection with the use of public school buildings and grounds pursuant to NRS 393.071 to 393.0719 , inclusive, must be provided for out of school district funds of the respective school districts in the same manner as similar services are provided for, and except as otherwise provided in subsection 2, subject to reimbursement by the user in accordance with such policies and regulations as the board of trustees may adopt.

2. The board of trustees of a school district may not request reimbursement for the costs and expenses associated with the use of a school library by the general public pursuant to NRS 393.07105 .

(Added to NRS by 1959, 296 ; A 2003, 518 )

SCHOOL BUILDINGS AND FACILITIES

NRS 41.491

NRS

41.491

Limitations on liability.

1. No civil action for an injury or illness which results from the consumption or use of wholesome food or a grocery product that is fit for human use may be brought against:

(a) A person or an employee of a person who, in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution or to any other person for consumption or use;

(b) A nonprofit charitable organization or an employee of a nonprofit charitable organization which, in good faith, receives or distributes without charge, the food or grocery product;

(c) A person who harvests wholesome food and who, in good faith, donates that food to a nonprofit charitable organization for free distribution or to any other person for consumption; or

(d) A person to whom wholesome food or a grocery product that is fit for human use has been donated without charge who, in good faith, distributes without charge that food or grocery product to a member of the person’s immediate family,

Ê unless the injury or illness directly resulted from the gross negligence or willful misconduct of the donor, donee, organization or employee.

1. If an owner or a manager of property allows a person to glean food from that property in order to distribute that food without charge to other persons or donate the food to a nonprofit charitable organization for free distribution, no civil action for an injury or death resulting from that gleaning may be brought against the owner or manager of the property unless the injury or death directly resulted from the gross negligence or willful misconduct of the owner or manager.

2. No civil action for an injury or illness which results from the consumption or use of food or a grocery product which does not comply with all of the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances, may be brought against:

(a) A person or an employee of a person who, in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution if, before the food or grocery product is donated:

(1) The person or employee fully informs the organization that the food or grocery product does not comply with the applicable standards; and

(2) The organization agrees to recondition the food or grocery product before it is distributed so that it complies with the applicable standards; or

(b) A nonprofit organization which receives and distributes without charge the food or grocery product if the organization, or any officer, employee or volunteer of the organization, reconditions the food or grocery product before it is distributed so that it complies with the applicable standards,

Ê unless the injury or illness directly resulted from the gross negligence or willful misconduct of the donor, organization, officer, employee or volunteer.

1. As used in this section:

(a) “Donate” means to:

(1) Give food or a grocery product to another person without requiring anything of monetary value from that person; or

(2) Sell food or a grocery product for a fee that is significantly less than the cost of the item sold.

(b) “Glean” means to gather or collect an agricultural crop which is donated by an owner or manager of property.

(c) “Grocery product that is fit for human use” means a grocery product, other than food, which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes:

(1) Products which are not readily marketable because of packaging, appearance, age, surplus, size or other condition; and

(2) Household or industrial cleaning products, personal hygiene products, cleaning equipment and cooking utensils.

(d) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption after a period of time because of its nature, type or physical condition. The term includes, without limitation, fresh or processed meats, poultry, seafood, dairy products, eggs in the shell, fresh fruits or vegetables, and food that has been:

(1) Noncommercially packaged;

(2) Frozen or otherwise requires refrigeration to remain nonperishable for a reasonable length of time; or

(3) Prepared at a public food service establishment.

(e) “Wholesome food” means any raw, cooked, processed or prepared food or beverage which is intended for human consumption and which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes, without limitation, perishable food and food which is not readily marketable because of packaging, appearance, age, freshness, grade, surplus, size or other condition.

(Added to NRS by 1981, 694 ; A 1995, 248 ; 2009, 146 )

LIABILITY OF BOARD OF TRUSTEES OF SCHOOL DISTRICT OR GOVERNING BODY OF CHARTER SCHOOL IN CONNECTION WITH SCHOOL-BASED HEALTH CENTER

NRS 412.108

NRS

412.108

Lease or agreement for use of armory; deposit of use fees in Adjutant General’s Special Armory Account.

1. The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions:

(a) The full name and address of the applicant;

(b) The purpose for which its use is desired;

(c) The nature and manner of the intended use of the space;

(d) A reasonable rental, which may include a security deposit, to be paid for that use; and

(e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

1. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

2. No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or the officer’s authorized representative, and has been approved by his or her military superiors as prescribed by Office regulations issued pursuant to this chapter.

3. No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or the officer’s authorized representative.

4. All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or the officer’s authorized representative. Any person other than the officer in charge of the armory or the officer’s authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or the officer’s authorized representative, who shall immediately forward the money to the office of the Adjutant General to be placed in an account in the State General Fund entitled the Adjutant General’s Special Armory Account, to be used by the Office to:

(a) Make necessary repairs and improvements of state armories;

(b) Construct new facilities;

(c) Fund military activities and affairs;

(d) Further relations with the community in which the armory is located; and

(e) Further relations with the State.

1. The expenditures made pursuant to subsection 5 must be made according to Office regulations and must be approved by a board of three persons appointed by the Adjutant General.

2. When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.

(Added to NRS by 1967, 1300 ; A 1973, 551 ; 1977, 2 ; 1981, 260 ; 1985, 756 ; 1991, 1768 ; 1993, 1603 ; 2013, 1469 )

NRS 412.109

NRS

412.109

Lease or agreement for use of facility of Office other than armory; deposit of use fees in State General Fund.

1. Except as otherwise provided in NRS 412.108 , the person or governmental entity applying for the rental of any facility of the Office must execute and deliver a written agreement which must include among its provisions:

(a) The full name and address of the applicant;

(b) The purpose for which its use is desired;

(c) The nature and manner of the intended use of the space;

(d) A reasonable rental, which may include a security deposit, to be paid for that use; and

(e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

1. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

2. No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed as prescribed by Office regulations issued pursuant to this chapter.

3. No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the Office.

4. All money paid or given, directly or indirectly, for the rental of a facility or to obtain an agreement or permission to use the facility are use fees within the meaning of this section and must be paid to the Office to be deposited in the State General Fund for credit to the Office.

5. When the use of a facility is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.

(Added to NRS by 2011, 1382 ; A 2013, 1470 )

ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS

NRS 439.802

NRS

439.802

“Facility-acquired infection” defined.

“Facility-acquired infection” means a localized or systemic condition which results from an adverse reaction to the presence of an infectious agent or its toxins and which was not detected as present or incubating at the time a patient was admitted to a medical facility, including, without limitation:

1. Surgical site infections;

2. Ventilator-associated pneumonia;

3. Central line-related bloodstream infections;

4. Urinary tract infections; and

5. Other categories of infections as may be established by the State Board of Health by regulation pursuant to NRS 439.890 .

(Added to NRS by 2005, 599 ; A 2009, 553 )

NRS 444.080

NRS

444.080

Operation without permit unlawful; procedure for application for and granting of permit.

1. It shall be unlawful for any person, firm, corporation, institution or municipality to construct or to operate or continue to operate any public swimming pool, bathhouse, or nudist colony, or any structure intended to be used for swimming or bathing purposes within the State of Nevada without a permit to do so from the health authority.

2. Any person, firm, corporation, institution or municipality desiring to construct or to operate and maintain any public swimming pool, bathhouse or structure intended to be used for swimming or bathing purposes within the State of Nevada shall file an application for permission to do so with the health authority.

3. The application shall state:

(a) The source of water supply.

(b) The amount and quality of water available and intended to be used.

(c) The method and manner of water purification, treatment, disinfection, heating, regulating and cleaning.

(d) The lifesaving apparatus and measures to insure safety of bathers.

(e) The measures to insure personal cleanliness of bathers.

(f) The methods and manner of washing, disinfecting, drying and storing bathing apparel and towels.

(g) All other information and statistics that may be required by the regulations of the State Board of Health or local board of health.

1. Upon receipt of the application, the health authority shall cause an investigation to be made of the proposed or existing pool, and if the health authority determines as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, the health authority shall deny the permit. If the health authority determines as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, the health authority shall grant the permit under such restrictions as the authority shall deem proper.

[2:38:1935; 1931 NCL § 5313.02]—(NRS A 1963, 954 ; 1969, 1019 )

NRS 444.260

NRS

444.260

Equipment and area used to prepare and store food to be kept clean; supply of water.

1. All food storage, preparation and service space and equipment in children’s camps shall be maintained clean and free from dust and insects, and the equipment shall be disinfected after each use.

2. Refrigeration equipment in such camps shall be available with provisions for preserving perishable foods in a temperature of not over 50 ° F.

3. Each such camp shall be provided with a water supply of sufficient quantity of a safe sanitary quality, meeting the minimum standards of the board of health of the appropriate health district or county.

4. Crossflow or backflow connections with contaminated water supplies or other possible sources of contamination are prohibited in such camps.

(Added to NRS by 1967, 1050 )

NRS 447.050

NRS

447.050

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

It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:

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

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

[4a:136:1915; added 1945, 384 ; 1943 NCL § 3340a]—(NRS A 1957, 484 ; 1969, 1022 ; 1985, 372 ; 2020, 32nd Special Session, 105 ; 2023, 47 )

NRS 447.060

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 447.140

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

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 451.675

NRS

451.675

Holding of remains awaiting cremation.

1. If the operator of a crematory cannot cremate human remains immediately after receiving them, the operator shall place them in a holding facility within or adjacent to the crematory which:

(a) Preserves the dignity of the remains;

(b) Protects for the health and safety of employees of the operator; and

(c) Is secure from access by anyone other than those employees, except a laborer in the ordinary course of his or her work.

1. If human remains are not embalmed, they may not be held longer than 24 hours unless the holding facility is refrigerated.

2. An operator need not accept for holding a container from which there is any evidence of leakage of bodily fluids.

(Added to NRS by 1993, 2604 )

NRS 460.030

NRS

460.030

Persons who store or transfuse products made from blood: Records of receipt and disposition; tests; equipment.

Any physician, hospital, clinic, surgical center for ambulatory patients or other organization that stores or transfuses products made from blood shall:

1. Maintain records of all serological tests and the receipt and disposition of products made from blood in accordance with applicable standards for laboratories published by the American Association of Blood Banks, in the form most recently published before January 1, 1983;

2. Test for compatibility and blood grouping; and

3. Be equipped with a refrigerator which regulates its own temperature and warns of failure to maintain the prescribed temperature.

(Added to NRS by 1983, 599 ; A 1985, 1753 )

NRS 461.170

NRS

461.170

Division required to adopt by regulation nationally recognized codes and standards for construction, reconstruction and alteration.

1. The Division shall adopt by regulation nationally recognized codes and standards for the construction of factory-built housing, manufactured buildings and modular components.

2. The Division shall adopt regulations for the:

(a) Reconstruction; and

(b) Alteration, including, without limitation, alteration to a plumbing, heating or electrical system,

Ê of factory-built housing, manufactured buildings and modular components that are consistent with nationally recognized codes and standards.

1. If approved in writing by the Division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section.

(Added to NRS by 1971, 1312 ; A 1979, 1220 ; 1985, 373 ; 1993, 232 ; 1999, 928 ; 2007, 385 )

NRS 463.337

NRS

463.337

Revocation of registration as gaming employee: Grounds; power of Commission; judicial review.

1. If any gaming employee who is registered as a gaming employee with the Board is convicted of any violation of this chapter or chapter 463B , 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the Commission finds that a registered gaming employee employed by the licensee has been guilty of cheating, the Commission shall, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145 , inclusive, revoke the registration.

2. The Commission may revoke the registration of a gaming employee if the Commission finds, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145 , inclusive, that the gaming employee has failed to disclose, misstated or otherwise misled the Board in respect to any fact contained within any application for registration as a gaming employee or, subsequent to being registered as a gaming employee:

(a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B , 464 or 465

of NRS;

(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;

(c) Concealed or refused to disclose any material fact in any investigation by the Board;

(d) Committed, attempted or conspired to commit larceny, embezzlement or theft against a gaming licensee or upon the premises of a licensed gaming establishment;

(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;

(f) Accepted employment without prior Commission approval in a position for which the gaming employee could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the Commission;

(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;

(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;

(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or

(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B , 464

or 465 of NRS.

1. A gaming employee whose registration as a gaming employee has been revoked pursuant to this section is entitled to judicial review of the Commission’s action in the manner prescribed by NRS 463.315 to 463.318 , inclusive.

2. Nothing in this section limits or prohibits the enforcement of NRS 463.165 ,

463.560 , 463.595 , 463.637

or 463.645 .

(Added to NRS by 1967, 1042 ; A 1969, 3 , 465 ;

1973, 659 ; 1975, 688 ; 1977, 1437 ; 1979, 786 ; 1981, 1086 ; 1983, 1566 ; 1991, 1842 ; 2003, 20th Special Session, 11 ; 2007, 1111 ; 2019, 220 )

NRS 463.710

NRS

463.710

Notices, reports and other information required to be filed with Board.

Unless otherwise ordered by the Board or Commission, a licensee who participates in foreign gaming shall file with the Board:

1. As soon as participation in foreign gaming begins, a notice indicating that fact.

2. Quarterly reports regarding any of the following information which is within the knowledge of the licensee:

(a) Any changes in ownership or control of any interest in the foreign gaming operation;

(b) Any changes in officers, directors or key employees;

(c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction outside this State;

(d) Any arrest of an employee involving cheating or theft, related to gaming, in the foreign jurisdiction; and

(e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.

1. As soon as participation in foreign gaming has entirely ceased, a notice indicating that fact.

2. Such other information as the Commission requires by regulation.

(Added to NRS by 1977, 1420 ; A 1987, 142 ; 1993, 303 ; 1997, 1073 ; 2021, 1891 ; 2023, 2457 )

NRS 463.720

NRS

463.720

Prohibited practices.

A licensee shall not, in a foreign gaming operation, knowingly:

1. Violate a foreign, federal, tribal, state, county, city or township law, regulation, ordinance or rule, or any equivalent thereof, concerning the conduct of gaming;

2. Fail to conduct the operation in accordance with the standards of honesty and integrity required for gaming in this state;

3. Engage in an activity or enter into an association that is unsuitable for a licensee because it:

(a) Poses an unreasonable threat to the control of gaming in this state;

(b) Reflects or tends to reflect discredit or disrepute upon this state or gaming in this state; or

(c) Is contrary to the public policy of this state concerning gaming;

1. Engage in an activity or enter into an association that interferes with the ability of this state to collect all license fees imposed by this chapter; or

2. Employ, contract with or associate with a person whom the Commission or a court in this state has found guilty of cheating or to whom the Commission has denied a gaming license, or finding of suitability, on the ground of unsuitability.

(Added to NRS by 1977, 1421 ; A 1993, 304 ; 1997, 1073 )

INTERACTIVE GAMING

NRS 465.080

NRS

465.080

Possession, use, sale or manufacture of counterfeit, unapproved or unlawful instruments or items; possession of certain unlawful devices or paraphernalia for manufacturing slugs.

1. It is unlawful for any licensee, employee or other person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to possess, use, sell or manufacture counterfeit chips, counterfeit debit instruments or other counterfeit wagering instruments in a gambling game, associated equipment or a cashless wagering system.

2. It is unlawful for any licensee, employee or other person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to possess, use, sell or manufacture any counterfeit instruments, counterfeit tickets or other counterfeit items that are used to determine the outcome of any contest or promotional activity conducted by or on behalf of any licensee.

3. It is unlawful for any person, in playing or using any gambling game, associated equipment or cashless wagering system designed to be played with, receive or be operated by chips, tokens, wagering credits or other wagering instruments approved by the Nevada Gaming Control Board or by lawful coin of the United States of America:

(a) Knowingly to use other than chips, tokens, wagering credits or other wagering instruments approved by the Nevada Gaming Control Board or lawful coin, legal tender of the United States of America, or to use coin or tokens not of the same denomination as the coin or tokens intended to be used in that gambling game, associated equipment or cashless wagering system; or

(b) To use any device or means to violate the provisions of this chapter.

1. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.

2. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless wagering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

3. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession any paraphernalia for manufacturing slugs. As used in this subsection, “paraphernalia for manufacturing slugs” means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens, debit instruments or other wagering instruments approved by the Nevada Gaming Control Board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 3. The term includes, but is not limited to:

(a) Lead or lead alloys;

(b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;

(c) Melting pots or other receptacles;

(d) Torches;

(e) Tongs, trimming tools or other similar equipment; and

(f) Equipment which can be reasonably demonstrated to manufacture facsimiles of debit instruments or wagering instruments approved by the Nevada Gaming Control Board.

1. Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.

[1:239:1951; A 1955, 13 ] + [2:239:1951]—(NRS A 1965, 1467 ; 1967, 588 ; 1973, 445 ; 1977, 475 ; 1979, 1477 ; 1981, 1293 ; 1989, 971 ; 1991, 939 ; 1993, 830 ; 1995, 1502 ; 2007, 1120 )

NRS 465.085

NRS

465.085

Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming; unlawful instruction.

1. It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this chapter.

2. It is unlawful to mark, alter or otherwise modify any associated equipment or gaming device, as defined in chapter 463 of NRS, in a manner that:

(a) Affects the result of a wager by determining win or loss; or

(b) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.

1. It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of this chapter.

(Added to NRS by 1967, 1283 ; A 1975, 697 ; 1977, 386 ; 1979, 1478 ; 1981, 1294 ; 1989, 972 )

NRS 465.101

NRS

465.101

Detention and questioning of person suspected of violating chapter; limitations on liability; posting of notice.

1. Any licensee, or the officers, employees or agents of the licensee may question any person in the licensee’s establishment suspected of violating any of the provisions of this chapter. No licensee or any of the officers, employees or agents of the licensee is criminally or civilly liable:

(a) On account of any such questioning; or

(b) For reporting to the Nevada Gaming Control Board or law enforcement authorities the person suspected of the violation.

1. Any licensee or any of the officers, employees or agents of the licensee who has probable cause for believing that there has been a violation of this chapter in the licensee’s establishment by any person may take that person into custody and detain that person in the establishment in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render the licensee or the officers, employees or agents of the licensee criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.

2. No licensee or the officers, employees or agents of the licensee are entitled to the immunity from liability provided for in subsection 2 unless there is displayed in a conspicuous place in the licensee’s establishment a notice in boldface type clearly legible and in substantially this form:

Any gaming licensee, or any of the officers, employees or agents of the gaming licensee who has probable cause for believing that any person has violated any provision of chapter 465 of NRS prohibiting cheating in gaming may detain that person in the establishment.

(Added to NRS by 1971, 580 ; A 1973, 446 ; 1981, 1295 ; 1983, 564 )

NRS 465.110

NRS

465.110

Disposition of evidence seized by agent of Nevada Gaming Control Board.

1. After the final adjudication of a complaint involving a violation of this chapter or chapters 462 to 464 , inclusive, of NRS, or of any other complaint involving the seizure of evidence by an agent of the Board, the court may enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.

2. Except as otherwise provided in subsection 3, evidence seized by an agent of the Board which does not result in a complaint charging a violation of the law and evidence for which an order of disposition is not entered pursuant to subsection 1, must be disposed of as follows:

(a) The Board shall notify by certified mail each potential claimant of the evidence that the potential claimant has 30 days after receipt of the notice within which to file a written claim with the Board for return of the evidence.

(b) If more than one person files a claim for the evidence:

(1) The claimants may agree among themselves as to how they wish to divide the evidence, subject to the approval of the Board;

(2) The claimants may agree to submit the matter to binding arbitration or any claimant may institute legal proceedings to determine the proper disposition of the evidence; or

(3) The Board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant.

Ê The Board shall transfer the property to the claimants in accordance with any agreement approved by the Board, final judgment or award made pursuant to the provisions of this section.

(c) A person who receives property from the Board pursuant to this section shall execute such documents as are required by the Board to defend, hold harmless, indemnify and release the Board from any liability arising from the delivery of the property to the claimant.

(d) If no claim is submitted, the Board shall deposit all money in the State Treasury for credit to the State General Fund and may use all other property for any lawful purpose. The Board may dispose of any property which cannot be used for any lawful purpose in the manner provided in NRS 179.165 .

1. Evidence which constitutes a device for cheating may not be returned to a claimant and must be retained by the Board. The Board shall periodically destroy such devices in the manner provided by regulations adopted by the Commission.

(Added to NRS by 1987, 414 ; A 1989, 972 ; 1991, 1080 )

NRS 477.150

NRS

477.150

Fire sprinklers; elevators; posting of floor numbers and route for evacuation; heating, ventilating, air-conditioning and paging systems.

The owner or operator of every hotel, motel, office, apartment building or condominium where human occupancy is permitted on floors which are more than 55 feet above the lowest level of ground accessible to vehicles of a fire department, shall:

1. Equip each exit corridor of the building with fire sprinklers as required by regulations of the State Fire Marshal;

2. Except in a condominium, equip each room with at least one fire sprinkler above each door opening into an exit corridor of the building;

3. Equip every elevator so as to permit it to be recalled automatically, in compliance with section A 17.1 of the 1978 edition of the American National Standards Institute and section 211.3 of the 1981 amendments to that edition, to the first floor or, if necessary, to any other floor of the building not affected by fire;

4. Post the number of each floor in every stairwell and in every lobby adjacent to an elevator;

5. Equip the heating, ventilating and air-conditioning system with an automatic device to shut it off as prescribed in section 1009 of the 1979 edition of the Uniform Mechanical Code , and with an additional smoke detector as required by the 1978 edition of National Fire Protection Association Standard 90A; and

6. In each room primarily used for sleeping, except in a condominium:

(a) Post in a prominent location an explanation of the route to use for evacuation of the building; and

(b) Install a paging alarm system which conforms to the regulations of the State Fire Marshal, to permit vocal warning and instructions to the occupants.

1. In a condominium, install in the common areas a paging alarm system meeting the requirements of paragraph (b) of subsection 6, with a sound level of 80 decibels.

(Added to NRS by 1981, 1569 )

NRS 487.540

NRS

487.540

“Garage” defined.

1. “Garage” means a business establishment, sole proprietorship, firm, corporation, association or other legal entity that performs any of the following services on motor vehicles:

(a) Repair or replacement of the:

(1) Engine;

(2) Brake system;

(3) Transmission system;

(4) Drivetrain system;

(5) Heating and air-conditioning system;

(6) Cooling system;

(7) Muffler and exhaust system;

(8) Electrical system;

(9) Electrical charging system; or

(10) Fuel injection or carburetion system;

(b) Engine tune up;

(c) Diagnostic testing;

(d) Alignment; or

(e) Oil change and lubrication.

1. “Garage” does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.

(Added to NRS by 1997, 1368 ; A 2007, 3228 )

NRS 488.193

NRS

488.193

Life jackets; throwable personal flotation devices; fire extinguishers; flame arrestors; ventilation of bilges; modification of requirements.

1. Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one life jacket of an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission for each person on board and any person in a vessel being towed, so placed as to be readily accessible for use in an emergency. Every vessel carrying passengers for hire must carry so placed as to be readily accessible for use in an emergency at least one life jacket of the sort prescribed by this subsection and the regulations of the Commission for each person on board. A life jacket required by this subsection is readily accessible for use in an emergency if:

(a) It is being worn; or

(b) It is stowed where it is quickly reachable and is:

(1) Ready to wear;

(2) Out of its original packaging; and

(3) Not under lock and key.

1. In addition to the requirements set forth in subsection 1, unless exempted by the United States Coast Guard or the regulations of the Commission:

(a) Every vessel which is 16 feet or more in length but less than 26 feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a throwable personal flotation device approved by the United States Coast Guard, such as a ring life buoy or buoyant cushion. A throwable personal flotation device required by this paragraph is readily accessible for use in an emergency if it is stowed in close proximity to the operator of the vessel and in a position to be thrown to a person overboard by either the operator or a passenger.

(b) Except as otherwise provided in this paragraph, every vessel which is 26 feet or more in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a throwable personal flotation device approved by the United States Coast Guard, such as a ring life buoy or buoyant cushion. If the vessel is 40 feet or more in length, such a throwable personal flotation device must be carried on both the fore and the aft of the vessel. A throwable personal flotation device required by this paragraph is readily accessible for use in an emergency if it is prominently displayed on a bulkhead, railing or gunwale, and in a position to be thrown to a person overboard by either the operator or a passenger.

1. Every power-driven vessel, except a mechanically propelled personal hydrofoil or a motorized surfboard, must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Commission. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and so placed as to be readily accessible.

2. Every power-driven vessel must have the carburetor of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the Commission.

3. Every vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the Commission for properly and efficiently ventilating the bilges of the engine and compartments for tanks of fuel to remove any explosive or flammable gases.

4. The Commission may adopt regulations modifying the requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.

(Added to NRS by 1977, 138 ; A 1981, 167 ; 1985, 795 ; 1991, 855 ; 2005, 492 ; 2023, 541 )

NRS 488.630

NRS

488.630

Operation of vessel in unsafe condition; penalties.

1. A game warden, sheriff or other peace officer of this State or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.

2. For the purposes of this section, a vessel is being operated in an unsafe condition if it:

(a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;

(b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;

(c) Has no fire extinguisher as required by NRS 488.193 ;

(d) Fails to display the proper navigational lights between sunset and sunrise;

(e) Is leaking fuel or has fuel in the bilges;

(f) Is improperly ventilated;

(g) Has an improper device for controlling backfire flame; or

(h) Is being operated in extremely adverse conditions.

1. An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace officer shall be punished:

(a) If no injury results, for a misdemeanor;

(b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or

(c) If the death of another person results, for a category D felony as provided in NRS 193.130 .

(Added to NRS by 1991, 852 ; A 1995, 1302 )

OPERATION OF POWER-DRIVEN VESSELS ON INTERSTATE WATERS; INSTRUCTION IN SAFE BOATING

NRS 489.051

NRS

489.051

“Certificate of compliance” defined.

“Certificate of compliance” means a certificate issued by this state certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a commercial coach or the reconstruction or alteration requirements of a mobile home or commercial coach comply with standards adopted by the Division.

(Added to NRS by 1973, 1065 ; A 1977, 1453 ; 1981, 1191 ; 1983, 777 ; 1993, 2052 )

NRS 489.102

NRS

489.102

“General serviceperson” defined.

1. “General serviceperson” means a person who owns or is the responsible managing employee of a business which:

(a) Installs or repairs the awnings, roofing, skirting, plumbing, heating or electrical systems of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing;

(b) Installs, removes or prepares for transport a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing at the site where it will be or has been used for occupancy; or

(c) Reconstructs a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing by the alteration, addition or substitution of substantial or essential parts.

1. The term does not include:

(a) A licensed manufacturer engaged in the installation, repair or service of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing that was manufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home, mobile home or manufactured building or factory-built housing who uses the manufactured home, mobile home or manufactured building or factory-built housing as his or her private residence; or

(c) The owner or purchaser of a commercial coach who uses the commercial coach for his or her own industrial, professional or commercial purposes.

(Added to NRS by 2005, 1625 ; A 2009, 1903 )

NRS 489.113

NRS

489.113

“Manufactured home” defined.

1. “Manufactured home” means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

(c) Transportable in one or more sections; and

(d) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on-site, contains 320 square feet or more.

1. The term includes:

(a) The plumbing, heating, air-conditioning and electrical systems of the structure.

(b) Any structure:

(1) Which meets the requirements of paragraphs (a), (b) and (c) of subsection 1, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.; or

(2) Built in compliance with the requirements of chapter 461 of NRS.

1. The term does not include a recreational park trailer.

(Added to NRS by 1983, 775 ; A 1995, 2601 ; 2001, 1726 )

NRS 489.120

NRS

489.120

“Mobile home” defined.

1. “Mobile home” means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities; and

(c) Transportable in one or more sections.

1. The term includes the design of the body and frame and the plumbing, heating, air-conditioning and electrical systems of the mobile home.

2. The term does not include a recreational park trailer, travel trailer, commercial coach or manufactured home or any structure built in compliance with the requirements of chapter 461 of NRS.

(Added to NRS by 1973, 1066 ; A 1975, 1579 ; 1977, 1454 ; 1979, 1216 ; 1983, 778 ; 2001, 1726 )

NRS 489.241

NRS

489.241

Regulations: Federal and national standards; issuance of certificates and labels of compliance.

The Administrator shall adopt regulations:

1. Consistent with the federal regulations governing procedure and enforcement respecting manufactured homes to administer and enforce federal construction and safety standards respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

2. For the construction of commercial coaches that are reasonably consistent with nationally recognized standards.

3. For the:

(a) Reconstruction; and

(b) Alteration, including that done to a plumbing, heating or electrical system,

Ê of mobile homes and commercial coaches that are reasonably consistent with nationally recognized standards.

1. For the issuance of certificates and labels of compliance. The regulations must provide for, without limitation:

(a) Inspection at the place of manufacture;

(b) Submission and approval of plans and specifications or for the actual inspection and approval of the mobile home, travel trailer or commercial coach or acceptance of a label of compliance issued by another state or a private organization which the Administrator finds has a competent inspection program reasonably consistent with this chapter; and

(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes, travel trailers or commercial coaches in this state for use in this state.

1. Consistent with nationally recognized standards governing the minimum requirements for the design of travel trailers.

(Added to NRS by 1979, 1208 ; A 1981, 1191 ; 1983, 781 ; 1993, 2052 )

NRS 489.251

NRS

489.251

Regulations pertaining to safety standards and inspection; certificate of installation and label of installation prerequisite to connecting utilities.

1. The Administrator shall adopt regulations pertaining to:

(a) Safety standards for the installation, support and tie down of manufactured homes, mobile homes or commercial coaches which are designed to protect the health and safety of occupants of manufactured homes, mobile homes or commercial coaches against uplift, sliding, rotation and overturning, subject to the following provisions:

(1) Safety standards must be reasonably consistent with nationally recognized standards for placement, support and tie down of manufactured homes, mobile homes or commercial coaches.

(2) The Administrator may designate wind pressure zones in which the regulations for tie down of manufactured homes, mobile homes or commercial coaches apply.

(b) The inspection of plumbing, heating, cooling, fuel burning and electrical systems connections to a manufactured home, mobile home or commercial coach at the time of installation of the manufactured home, mobile home or commercial coach, which regulations are designed to protect the health and safety of occupants of manufactured homes, mobile homes and commercial coaches.

1. Unless the Division determines otherwise, the plumbing, heating, cooling, fuel burning and electrical systems of a manufactured home, mobile home or commercial coach may not be connected or activated until a certificate of installation has been issued and a label of installation affixed to the manufactured home, mobile home or commercial coach.

(Added to NRS by 1979, 1208 ; A 1983, 781 )

NRS 489.262

NRS

489.262

Regulations pertaining to portable buildings.

The Administrator shall adopt regulations prescribing safety standards for:

1. The construction, transportation, installation and use of a portable building;

2. The inspection of any plumbing, heating, cooling, fuel burning or electrical system contained in a portable building; and

3. The maintenance and repair of a portable building.

(Added to NRS by 2011, 1630 )

NRS 489.285

NRS

489.285

Regulations concerning continuing education requirements for dealers, distributors, general servicepersons, specialty servicepersons, responsible managing employees and salespersons.

1. The Division shall adopt regulations concerning continuing education requirements for dealers, distributors, general servicepersons, specialty servicepersons, responsible managing employees and salespersons. The regulations must include the:

(a) Criteria for determining what qualifies as continuing education;

(b) Criteria for approving educational and training programs;

(c) Requirements for submitting evidence of completion; and

(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

1. In adopting regulations pursuant to subsection 1, the Division shall:

(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.

(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.

(c) Approve training and educational programs and seminars offered by:

(1) Individual sponsors;

(2) Manufactured housing firms and businesses such as dealers, distributors, general servicepersons, specialty servicepersons, manufacturers and suppliers of the various components for constructing such homes or coaches, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;

(3) Professional and industry-related organizations; and

(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his or her employees and participation in meetings and conferences of industry-related organizations.

(d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, distribution, installation, rebuilding and servicing of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing and the method of educating licensees.

1. The Division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.

2. As used in this section, “industry-related organizations” includes, without limitation, the:

(a) Manufactured Housing Institute;

(b) Manufactured Home Community Owners;

(c) Nevada Association of Manufactured Home Owners, Inc.;

(d) Nevada Association of Realtors;

(e) Nevada Housing Alliance;

(f) Modular Building Institute; and

(g) Any other organization approved by the Division.

(Added to NRS by 1997, 2986 ; A 2001, 486 ; 2005, 1629 ; 2009, 1906 )

NRS 489.325

NRS

489.325

Regulations providing for licensing of specialty servicepersons.

1. The Administrator may adopt regulations which provide for the licensing of specialty servicepersons. A person licensed as a specialty serviceperson pursuant to this section must be limited in the scope of the work he or she may perform to installation or repair in one of the following categories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(c) Heating and air-conditioning systems;

(d) Electrical systems; or

(e) Any other category that may be similarly licensed by the State Contractors’ Board.

1. The Administrator shall provide in those regulations for:

(a) The imposition of reasonable fees for application, examination and licensure.

(b) The creation and administration of a written or oral examination for each category of limited licensure.

(c) Minimum qualifications for such a license, including, without limitation, the passage of any applicable examination required pursuant to subsection 1 of NRS 489.351 , unless waived pursuant to subsection 2 of NRS 489.351 .

1. A person who is licensed as a specialty serviceperson shall comply with each statute and regulation which applies to general servicepersons, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971 .

(Added to NRS by 1993, 827 ; A 1999, 861 ; 2003, 587 ; 2005, 1631 ; 2007, 383 )

NRS 489.461

NRS

489.461

Compliance with local building codes and ordinances not required if certificate and label issued; exception.

Except as otherwise provided in NRS 278.02095 , a manufactured home, mobile home, travel trailer or commercial coach for which a certificate and label of compliance has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.

(Added to NRS by 1979, 1208 ; A 1983, 789 ; 1999, 3467 )

NRS 489.751

NRS

489.751

Implied warranty by dealer of working order of essential systems.

1. Unless otherwise specifically waived in writing by the buyer, for each sale in which the dealer is the seller or an agent of the seller, there is an implied warranty by the dealer that all the essential systems are in working order upon the execution of the sale. For the purposes of this subsection, the words “as is” or any similar words do not constitute a waiver of the implied warranty unless the words specifically refer to a specific component of an essential system.

2. As used in this section, “essential system” means the heating, air-conditioning, electrical, plumbing and drainage systems of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing.

(Added to NRS by 1999, 860 ; A 2009, 1924 )

NRS 503.030

NRS

503.030

Possession of wildlife after end of open season; storage.

1. Except as otherwise provided in this section, it is unlawful for any person to have in his or her control any wildlife or any part thereof, the killing of which is at any time prohibited, during the time when such killing is prohibited, and the possession of such wildlife shall be prima facie evidence that it was the property of the State at the time it was caught, taken or killed in this State when the killing was unlawful, and that such taking or killing occurred in the closed season.

2. Wildlife legally taken may be stored in the home of the owner after the end of the open season for hunting or fishing for it and may be stored in a public warehouse or commercial refrigerator locker under such rules as may be adopted by the Commission, but in no case shall more than the amount designated by law as the legal possession limit be so kept or stored.

3. The Commission is authorized to make rules requiring evidence of legal taking in this State, or legal taking under the laws of the state where taken, to be provided in the case of wildlife kept or stored after the appropriate open season ends in the form of tags, certificates or otherwise, if deemed necessary or convenient for the enforcement of this title.

[87:101:1947; A 1949, 292 ; 1943 NCL § 3035.87]—(NRS A 1969, 1356 )

NRS 574.370

NRS

574.370

Enclosures generally.

An operator shall:

1. Provide all dogs and cats with primary enclosures located indoors, except dogs and cats that are acclimated to the outdoor environment.

2. Ensure that the interior of a housing facility for indoor primary enclosures is constructed and maintained in such a manner as to be substantially impervious to moisture and to facilitate regular cleaning.

3. Provide a suitable method to eliminate excessive water from the interior of a housing facility for indoor primary enclosures. Any drains must be constructed and maintained in such a manner as to avoid foul odors. Any closed system for drainage must be equipped with traps that prevent the release of sewage into the housing facility.

4. Ensure that indoor primary enclosures are constructed and maintained in such a manner as to:

(a) Protect the dogs or cats inside from excessive illumination while providing an ample amount of light, by natural or artificial means, or both, of a sufficient distribution and intensity to allow for routine inspection and cleaning.

(b) Provide a sufficient amount of heat when necessary to protect the dogs or cats inside from cold and to maintain their health and comfort. The ambient temperature of an indoor primary enclosure in which one or more cats or dogs are kept must not be allowed to fall below 50 degrees Fahrenheit, unless each cat or dog is acclimated to a lower temperature.

(c) Provide adequate ventilation at all times to maintain the health and comfort of the dogs or cats inside. The system of ventilation must provide fresh air by means of windows, doors, vents or air-conditioning, and be designed to maintain drafts, odors and the condensation of moisture at a minimum. If the ambient temperature reaches 85 degrees Fahrenheit or greater, air-conditioning, exhaust fans and vents, or other auxiliary ventilation must be provided.

(Added to NRS by 1993, 2147 )

NRS 574.380

NRS

574.380

Dogs and cats kept outdoors.

If dogs or cats are kept outdoors, an operator shall:

1. Provide a suitable method for the rapid drainage of surface water from the area where each dog or cat is kept.

2. Provide each dog or cat with a sufficient amount of shelter to:

(a) Remain dry from rain and snow;

(b) Have enough shade to protect itself from any direct sunlight that is likely to cause overheating or discomfort;

(c) Remain cool during a period for which the National Weather Service has issued a heat advisory;

(d) Protect the animal from wind which creates a wind chill below 50 degrees Fahrenheit or for which the National Weather Service has issued a high wind warning; and

(e) Remain warm when the atmospheric temperature falls below 50 degrees Fahrenheit. If the ambient temperature falls below 50 degrees Fahrenheit, the operator shall provide such an additional amount of clean bedding material or other protection as necessary for the dog or cat to remain warm.

1. After considering the ambient temperature, provide each dog or cat with a sufficient amount of food and water necessary to sustain it in a healthy condition at that temperature.

(Added to NRS by 1993, 2147 ; A 2011, 1595 )

NRS 574.420

NRS

574.420

Food and water.

An operator shall ensure that:

1. Potable water is offered to each dog or cat at least twice daily for not less than 1 hour on each occasion, unless potable water is accessible to the dog or cat at all times or except as otherwise required to provide adequate care.

2. Each dog or cat is fed at least once each day, except as otherwise required to provide adequate care.

3. The food provided to a dog or cat is wholesome, palatable, free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the dog or cat, based upon its condition and size.

4. Supplies of perishable food are adequately refrigerated.

5. Containers of food are:

(a) Durable, except that disposable receptacles may be used if they are discarded after each feeding; and

(b) Located so as to be accessible to the dogs or cats while reducing to a minimum any contamination from excreta.

1. Containers of food and water are kept clean. Self-feeders must not be used for the feeding of dry food unless they are cleaned regularly to prevent molding, deterioration and the caking of food.

(Added to NRS by 1993, 2148 )

NRS 581.385

NRS

581.385

Delivery ticket required for certain bulk sales and bulk deliveries; contents of delivery ticket.

All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by regulation of the State Sealer of Measurement Standards must be accompanied by a delivery ticket containing:

1. The name and address of the buyer and seller;

2. The date delivered;

3. The quantity delivered and the quantity upon which the price is based, if the quantity upon which the price is based differs from the quantity delivered;

4. The unit price, unless otherwise agreed upon by both the buyer and seller;

5. The identity of the commodity, in the most descriptive terms commercially practicable, including any representation about the quality of the commodity made in connection with the sale; and

6. Where commodities are bought from bulk but delivered in packages, the count of individually wrapped packages if more than one individually wrapped package is being sold.

(Added to NRS by 2003, 2317 ; A 2013, 2478 )

NRS 590.020

NRS

590.020

Definitions.

As used in NRS 590.010 to 590.330 , inclusive, unless the context otherwise requires:

1. “Additives” means a substance to be added to a motor vehicle fuel, petroleum heating product, motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

2. “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

3. “Alternative fuel” includes, without limitation:

(a) Any M-85 or M-100 fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(b) Any E-85 or E-100 fuel ethanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(c) Liquefied petroleum gas;

(d) Natural gas;

(e) Any hydrogen that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(f) Electricity;

(g) Any biodiesel fuel that contains:

(1) Diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ; and

(2) At least 5 percent by volume biodiesel fuel blend stock for distillate fuels;

(h) Any blend of ethanol and diesel fuel:

(1) That contains:

(I) Any amount of diesel fuel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ; and

(II) At least 5 percent by volume ethanol; and

(2) That may contain a proprietary additive; and

(i) Any renewable diesel fuel that:

(1) Contains at least 20 percent by volume renewable diesel blend stock for distillate fuels; and

(2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 .

Ê The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410.

1. “Brand name” means a name or logo that is used to identify a business or company.

2. “Diesel exhaust fluid” means an aqueous urea solution that:

(a) Contains, by mass, 32.5 percent technically pure urea and 67.5 percent pure water;

(b) Is used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines; and

(c) Meets the standards set forth in the latest version of ISO 22241, “Diesel engines — NOx reduction agent AUS 32” of the International Organization for Standardization.

1. “Grade” means:

(a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words of similar meaning when describing a grade designation for gasoline.

(b) “Diesel” or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.

(c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a grade designation for alternative fuel.

(d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning when describing pressurized gases.

1. “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles. The term does not include motor vehicle fuel additives.

2. “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

3. “Petroleum heating product” means a petroleum product that is used for heating purposes. The term does not include petroleum heating product additives.

4. “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.

5. “Pure water” means water that is:

(a) Very low in inorganic, organic or colloidal contaminants; and

(b) Produced by a process such as:

(1) Single distillation;

(2) Deionization;

(3) Ultra-filtration; or

(4) Reverse osmosis.

1. “Recycled oil” means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.

2. “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

3. “Technically pure urea” means urea that is:

(a) An industrially produced grade of urea with traces of biuret, ammonia and water only;

(b) Free of aldehydes or other substances, including, without limitation, anticaking agents; and

(c) Free of contaminants, including, without limitation, sulphur and its compounds, chloride and nitrate.

1. “Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

2. “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.

[2:157:1955]—(NRS A 1961, 648 ; 1971, 667 ; 1977, 188 ; 1985, 530 ; 1993, 58 ; 1995, 348 ; 2001, 851 ; 2005, 652 ; 2013, 1041 ; 2021, 136 , 1012 )

NRS 590.071

NRS

590.071

Powers and duties of State Board of Agriculture concerning specifications for motor vehicle fuel, diesel exhaust fluid, aviation fuel and petroleum heating products.

1. The State Board of Agriculture shall:

(a) Enforce the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 .

(b) Enforce the specification standards for diesel exhaust fluid adopted by regulation pursuant to NRS 590.072 .

(c) Enforce the specification standards for aviation fuel adopted by regulation pursuant to NRS 590.073 .

(d) Enforce the specification standards for petroleum heating products adopted by regulation pursuant to NRS 590.090 .

(e) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070 , 590.072 , 590.073

and 590.090 . The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

1. The State Board of Agriculture may:

(a) Adopt regulations approving other types of proof of transfer as described in subsection 9 of NRS 590.100 . Such proof of transfer must contain:

(1) The name of the person or business who makes the transfer;

(2) The name of the person or business to whom the petroleum product or motor vehicle fuel is transferred;

(3) The date of the transfer;

(4) If the motor vehicle fuel is gasoline, the octane rating number of the gasoline; and

(5) If the meter readings and physical inventory is taken or caused to be taken pursuant to subsection 5 of NRS 590.100 , the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred.

(b) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.

(c) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070 , 590.072 , 590.073

or 590.090 .

(Added to NRS by 1989, 1949 ; A 2001, 852 ; 2005, 657 ; 2007, 1987 ; 2021, 139 )

NRS 590.090

NRS

590.090

Specifications for petroleum heating products: Adoption by State Board of Agriculture; unlawful acts; designation of brand and grade of heating fuel contained in storage tanks, dispensers and petroleum tank trucks; designations of numerical grade; penalties.

1. The State Board of Agriculture shall adopt by regulation specification standards for petroleum heating products, not including liquefied petroleum gas and natural gas. Such regulations must conform to the specification standards set forth by ASTM International.

2. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale any petroleum heating product, not including liquefied petroleum gas and natural gas, unless the petroleum heating product conforms to the specification standards prescribed by regulation of the State Board of Agriculture pursuant to subsection 1.

3. All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel must be labeled with the brand name and the grade designation of the heating fuel.

4. A person shall not use the numerical grade designation for heating fuels adopted by ASTM International unless the designation conforms to that designation. Persons using a designation other than the numerical grade designation adopted by ASTM International must file with the Division of Measurement Standards of the State Department of Agriculture the designation to be used together with its corresponding grade designation of ASTM International.

5. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150 , any person who violates any provision of this section may be further punished as provided in NRS 590.071 .

[9:157:1955]—(NRS A 1960, 485 ; 1961, 651 ; 1963, 110 ; 1993, 1797 ; 1999, 3739 ; 2003, 2328 ; 2013, 2486 ; 2021, 140 )

NRS 624.031

NRS

624.031

Applicability of chapter: Exemptions.

The provisions of this chapter do not apply to:

1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.

2. Any entity that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), which:

(a) Enters into a contract or other agreement with the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State, to facilitate the repair or maintenance of properties, including, without limitation, weatherization and energy efficiency services;

(b) Facilitates work to be performed on such a property by a person licensed pursuant to this chapter; and

(c) Is a party with the owner of such a property and a person licensed pursuant to this chapter to a contract or agreement for the work on the property.

1. An officer of a court when acting within the scope of his or her office.

2. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

3. An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

4. Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:

(a) A building permit is required to perform the work;

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

(d) The work is performed as a part of a larger project:

(1) The value of which is $500 or more; or

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

1. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

2. The construction, alteration, improvement or repair of personal property.

3. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

4. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.

5. Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070 . A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700 . As used in this subsection:

(a) “Construction oversight services” means the coordination and oversight of labor by volunteers.

(b) “Long-term recovery group” means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.

(c) “Qualified person” means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.

1. A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052 , assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:

(a) “Brokerage agreement” has the meaning ascribed to it in NRS 645.005 .

(b) “Property management agreement” has the meaning ascribed to it in NRS 645.0192 .

(c) “Real estate broker” has the meaning ascribed to it in NRS 645.030 .

(d) “Real estate broker-salesperson” has the meaning ascribed to it in NRS 645.035 .

(e) “Real estate salesperson” has the meaning ascribed to it in NRS 645.040 .

(f) “Residential property” means:

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

(2) A single-family residential unit, including 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.

[1:Art. III:186:1941; A 1951, 47 ] + [2:Art. III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47 ] + [4:Art. III:186:1941; A 1947, 307 ; 1951, 47 ] + [5:Art. III:186:1941; 1931 NCL § 1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A 1951, 47 ] + [9:Art. III:186:1941; A 1947, 307 ; 1943 NCL § 1474.21]—(NRS A 1975, 1167 ; 1987, 1730 ; 1989, 1629 ; 1997, 2019 , 3162 ;

2001, 2409 ; 2007, 855 ; 2009, 763 ; 2013, 578 ; 2017, 3963 )

NRS 624.215

NRS

624.215

Contracting business.

1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

(c) Specialty contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

1. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

2. Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. Except as otherwise provided in subsection 4 of NRS 624.220 , a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

3. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

4. A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

5. A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services:

(a) Must have an active license in the same classifications and subclassifications that are required to be held by the prime contractor on the project.

(b) May hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

1. A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.

2. Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031 .

3. This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

4. As used in this section, “prime contractor” means:

(a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

(b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

(c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

(d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

(1) Any work, materials or equipment for which the specialty contractor is licensed; and

(2) Any other work which is incidental and supplemental thereto.

(Added to NRS by 1967, 1594 ; A 1971, 600 ; 1983, 311 ; 1997, 212 , 2687 ;

2019, 158 , 1607 ,

1612 ;

2023, 63 )

NRS 624.220

NRS

624.220

Contractors; monetary limit on license; regulations.

1. The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

2. The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265 , inclusive.

3. A licensed contractor may request that the Board increase the monetary limit on his or her license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. A request submitted pursuant to this section for a single construction project must be submitted to the Board at least 5 working days before the date on which the licensed contractor intends to submit a bid for the project and must be approved by the Board before the submission of a bid by the contractor for the project.

4. Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits:

(a) A specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

(b) Except as otherwise provided in this paragraph, a licensed contractor from performing work of a type for which the contractor does not have a license in the applicable classification or subclassification if the value of the work is less than $1,000, including labor and materials, and the work does not require a permit. A licensed contractor shall not perform work of a type for which the contractor does not have a license in the applicable classification or subclassification if the work is of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor.

1. The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

[1:Art. III—A:186:1941; added 1945, 296 ; 1943 NCL § 1474.21a]—(NRS A 1960, 353 ; 1963, 694 ; 1967, 1592 ; 1971, 180 ; 1979, 321 ; 1999, 2178 , 2956 ;

2007, 1550 ; 2011, 199 ; 2019, 1607 )

LICENSES

NRS 625.410

NRS

625.410

Grounds for disciplinary or other action.

Except as otherwise provided in subsection 6 of NRS 701.220 , the Board may take disciplinary action against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern for:

1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a license or cheating on any examination required by this chapter.

2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a professional engineer or in the practice of land surveying as a professional land surveyor.

3. Aiding or abetting any person in the violation of any provision of this chapter or regulation adopted by the Board.

4. Conviction of or entry of a plea of nolo contendere to any crime an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.

5. A violation of any provision of this chapter or regulation adopted by the Board.

6. Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

7. Practicing after the license of the professional engineer or professional land surveyor has expired or has been suspended or revoked.

8. Failing to comply with an order issued by the Board.

9. Failing to provide requested information within 30 days after receipt of a request by the Board or its investigators concerning a complaint made to the Board.

[Part 12:198:1919; added 1937, 491 ; A 1955, 391 ]—(NRS A 1961, 314 ; 1965, 1328 ; 1975, 140 ; 1977, 744 ; 1985, 1046 ; 1989, 787 ; 1991, 2245 ; 1997, 1051 ; 2003, 2705 ; 2015, 2153 )

NRS 627.030

NRS

627.030

“Categories of disbursements” defined.

“Categories of disbursements” means categories of construction funds to be disbursed in payment of work, labor and material bills due for construction, repair, alteration or improvement of premises. Such categories shall be in writing and include but not be limited to structural masonry, masonry veneer, plumbing, electrical work, carpentry, reinforcing steel, structural steel, earthwork, heating and ventilating and air-conditioning, glass and glazing, lath and plaster or sheetrock, insulation and soundproofing, finish flooring, painting and decorating, concrete or asphalt paving, and shall provide for the complete, full and final disbursement of all of the construction funds.

(Added to NRS by 1965, 1179 )

NRS 630.021

NRS

630.021

“Practice of respiratory care” defined.

“Practice of respiratory care” includes:

1. Therapeutic and diagnostic use of medical gases, humidity and aerosols and the maintenance of associated apparatus;

2. The administration of drugs and medications to the cardiopulmonary system;

3. The provision of ventilatory assistance and control;

4. Postural drainage and percussion, breathing exercises and other respiratory rehabilitation procedures;

5. Cardiopulmonary resuscitation and maintenance of natural airways and the insertion and maintenance of artificial airways;

6. Carrying out the written orders of a physician, physician assistant, anesthesiologist assistant, certified registered nurse anesthetist or an advanced practice registered nurse relating to respiratory care;

7. Techniques for testing to assist in diagnosis, monitoring, treatment and research related to respiratory care, including the measurement of ventilatory volumes, pressures and flows, collection of blood and other specimens, testing of pulmonary functions and hemodynamic and other related physiological monitoring of the cardiopulmonary system; and

8. Training relating to the practice of respiratory care.

(Added to NRS by 2001, 758 ; A 2013, 2070 ; 2023, 1550 )

NRS 630.2682

NRS

630.2682

Authorized services; prohibited actions.

1. An anesthesiologist assistant licensed under the provisions of this chapter may assist in the practice of medicine in accordance with the regulations adopted by the Board pursuant to NRS 630.26825 and under the supervision of a supervising anesthesiologist.

2. An anesthesiologist assistant may perform the following duties and responsibilities as delegated by and under the supervision of a supervising anesthesiologist, including, without limitation:

(a) Developing and implementing an anesthesia care plan for a patient;

(b) Obtaining the comprehensive health history of a patient, performing relevant elements of a physical examination of a patient and recording relevant data;

(c) Ordering and performing preoperative and postoperative anesthetic patient evaluations and consultations and maintaining patient progress notes;

(d) Subject to the limitations of NRS 453.375 , possessing and administering preoperative and perioperative medications, including, without limitation, controlled substances, administering anesthetic agents, related pharmaceutical agents, fluid and blood products and adjunctive treatment, for purposes of:

(1) Maintaining and altering the levels of anesthesia and providing continuity of anesthetic care into and during the postoperative recovery period;

(2) The continuation of perioperative medications;

(3) Performing general anesthesia, including, without limitation, induction, maintenance, emergence and other procedures associated with general anesthesia;

(4) Administering vasoactive drugs and starting and titrating vasoactive infusions to treat a response of a patient to anesthesia; and

(5) Administering postoperative sedation, anxiolysis or analgesia medication to treat patient responses to anesthesia;

(e) Entering in the medical record of a patient verbal or written medication chart orders as prescribed by the supervising anesthesiologist;

(f) Changing or discontinuing an anesthesia care plan after consulting with the supervising anesthesiologist;

(g) Obtaining informed consent from a patient or the parent or guardian of the patient, as applicable, for the administration of anesthesia or related procedures;

(h) Pretesting and calibrating anesthesia delivery systems and obtaining information from such systems and from monitors;

(i) Implementing medically accepted monitoring techniques;

(j) Establishing airway interventions and performing ventilatory support, including, without limitation, endotracheal intubation, laryngeal mask insertion and other advanced airway techniques;

(k) Establishing peripheral intravenous lines, including, without limitation, the use of subcutaneous lidocaine, and performing invasive procedures, including, without limitation, the placement of arterial lines, central lines and Swan-Ganz catheters;

(l) Performing, maintaining, evaluating and managing epidural, spinal and regional anesthesia, including, without limitation, catheters;

(m) Performing monitored anesthesia care;

(n) Conducting laboratory and other related studies, including, without limitation, taking blood samples and administering blood, blood products and supportive fluids;

(o) Performing, ordering and interpreting preoperative, point-of-care, intraoperative or postoperative diagnostic testing or procedures;

(p) Monitoring the patient while in the preoperative suite, recovery area or labor suites and making postanesthesia rounds;

(q) Participating in administrative, research and clinical teaching activities, including, without limitation, supervising student anesthesiologist assistants and students involved in anesthesia training;

(r) Initiating and managing cardiopulmonary resuscitation in response to a life-threatening situation; and

(s) Performing such other tasks that are not otherwise prohibited by law and in which the anesthesiologist assistant has been trained and is competent.

1. An anesthesiologist assistant shall not prescribe any controlled substance or any dangerous drug, as defined in NRS 454.201 .

2. An anesthesiologist assistant may not perform any duties which are outside the scope of the duties assigned to the anesthesiologist assistant by the supervising anesthesiologist or delegate any medical care task assigned to the anesthesiologist assistant by the supervising anesthesiologist to any other person.

(Added to NRS by 2023, 1546 )

NRS 631.078

NRS

631.078

“Minimal sedation” defined.

“Minimal sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, that retains the patient’s ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, and during which cognitive function and coordination may be modestly impaired, but ventilatory and cardiovascular functions are unaffected.

(Added to NRS by 2015, 3874 )

NRS 631.079

NRS

631.079

“Moderate sedation” defined.

“Moderate sedation” means a drug-induced depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, during which:

1. The patient retains the ability to respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation;

2. Spontaneous ventilation is adequate and no interventions are required to maintain a patent airway; and

3. Cardiovascular function is usually maintained.

(Added to NRS by 2001, 2691 ; A 2015, 3874 )

NRS 633.425

NRS

633.425

Authorized services; prohibited actions.

1. An anesthesiologist assistant licensed under the provisions of this chapter may assist in the practice of medicine in accordance with the regulations adopted by the Board pursuant to NRS 633.4252 and under the supervision of a supervising osteopathic anesthesiologist.

2. An anesthesiologist assistant may perform the following duties and responsibilities as delegated by and under the supervision of a supervising osteopathic anesthesiologist, including, without limitation:

(a) Developing and implementing an anesthesia care plan for a patient;

(b) Obtaining the comprehensive health history of a patient, performing relevant elements of a physical examination of a patient and recording relevant data;

(c) Ordering and performing preoperative and postoperative anesthetic patient evaluations and consultations and maintaining progress notes;

(d) Subject to the limitations for NRS 453.375 , possessing and administering preoperative and perioperative medications, including, without limitation, controlled substances, administering anesthetic agents, related pharmaceutical agents, fluid and blood products and adjunctive treatment, for purposes of:

(1) Maintaining and altering the levels of anesthesia and providing continuity of anesthetic care into and during the postoperative recovery period;

(2) The continuation of perioperative medications;

(3) Performing general anesthesia, including, without limitation, induction, maintenance, emergence and other procedures associated with general anesthesia;

(4) Administering vasoactive drugs and starting and titrating vasoactive infusions to treat a response of a patient to anesthesia; and

(5) Administering postoperative sedation, anxiolysis or analgesia medication to treat patient responses to anesthesia;

(e) Entering in the medical record of a patient verbal or written medication chart orders prescribed by the supervising osteopathic anesthesiologist;

(f) Changing or discontinuing an anesthesia care plan after consulting with the supervising osteopathic anesthesiologist;

(g) Obtaining informed consent from a patient or the parent or guardian of the patient, as applicable, for the administration of anesthesia or related procedures;

(h) Pretesting and calibrating anesthesia delivery systems and obtaining information from such systems and from monitors;

(i) Implementing medically accepted monitoring techniques;

(j) Establishing airway interventions and performing ventilatory support, including, without limitation, endotracheal intubation, laryngeal mask insertion and other advanced airway techniques;

(k) Establishing peripheral intravenous lines, including, without limitation, the use of subcutaneous lidocaine, and performing invasive procedures, including, without limitation, the placement of arterial lines, central lines and Swan-Ganz catheters;

(l) Performing, maintaining, evaluating and managing epidural, spinal and regional anesthesia, including, without limitation, catheters;

(m) Performing monitored anesthesia care;

(n) Conducting laboratory and other related studies, including, without limitation, taking blood samples and administering blood, blood products and supportive fluids;

(o) Performing, ordering and interpreting preoperative, point-of-care, intraoperative or postoperative diagnostic testing or procedures;

(p) Monitoring the patient while in the preoperative suite, recovery area or labor suites and making postanesthesia rounds;

(q) Participating in administrative, research and clinical teaching activities, including, without limitation, supervising student anesthesiologist assistants and students involved in anesthesia training;

(r) Initiating and managing cardiopulmonary resuscitation in response to a life-threatening situation; and

(s) Performing such other tasks that are not otherwise prohibited by law and in which the anesthesiologist assistant has been trained and is competent.

1. An anesthesiologist assistant shall not prescribe any controlled substance or any dangerous drug, as defined in NRS 454.201 .

2. An anesthesiologist assistant may not perform any duties which are outside the scope of the duties assigned to the anesthesiologist assistant by the supervising osteopathic anesthesiologist or delegate any medical care task assigned to the anesthesiologist assistant by the supervising osteopathic anesthesiologist to any other person.

(Added to NRS by 2023, 1564 )

NRS 638.200

NRS

638.200

Donated drugs: Restrictions on reissuance; donation; immunity from liability; maintenance of records; regulations.

1. An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.

2. Except as otherwise provided in subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if:

(a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug based on economic need;

(b) The licensed veterinarian determines that the drug is suitable for that purpose;

(c) The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced which is licensed pursuant to NRS 638.132 , a pharmacy licensed pursuant to chapter 639 of NRS or an Internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;

(d) The drug is not a controlled substance;

(e) The drug is not a compounded drug;

(f) Except as otherwise provided in subsection 3, the drug does not require refrigeration;

(g) Except as otherwise provided in subsection 4, the drug is not in a liquid form;

(h) The usefulness of the drug has not expired;

(i) The packaging or bottle contains the expiration date of the usefulness of the drug; and

(j) The name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

1. For the purposes of paragraph (f) of subsection 2, the drug may be donated if refrigeration of the drug is required only after opening and the drug is unopened when donated.

2. For the purposes of paragraph (g) of subsection 2, the drug may be donated if it is in a liquid form and is packaged in a single dose in an ampule or vial.

3. A licensed veterinarian or other person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and any regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation, acceptance, distribution or dispensation of the drug.

4. A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to this section and any regulations adopted pursuant thereto.

5. A licensed veterinarian shall not sell or resell any drug accepted pursuant to this section.

6. A licensed veterinarian shall:

(a) Identify and maintain separately from other stock any drug accepted pursuant to this section; and

(b) Make a record of each drug accepted pursuant to this section that includes, without limitation:

(1) The date on which the drug was donated;

(2) The name of the person who donated the drug;

(3) The expiration date of the drug; and

(4) If the drug expires while in the custody of the licensed veterinarian and the drug is destroyed, the date on which the drug was destroyed.

Ê The record must be maintained for not less than 4 years.

1. A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.

2. The Board may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

(a) Requirements for reissuing drugs pursuant to this section, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

(b) Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this section.

(c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

1. As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865 .

(Added to NRS by 2011, 833 )

NRS 639.2345

NRS

639.2345

Sale of veterinary drugs: Permit required; regulations; exemption.

1. Any person who engages in the sale of veterinary prescription or nonprescription drugs must obtain a permit from the Board. The Board shall adopt regulations specifying the fee for the permit, requirements for the refrigeration and storage of drugs and other matters relating to the permit.

2. The provisions of subsection 1 do not apply to a registered pharmacist or any person licensed to practice veterinary medicine in this state.

(Added to NRS by 1977, 1355 ; A 1991, 1951 )

PRESCRIPTIONS

General Provisions

NRS 639.267

NRS

639.267

Return, reissuance or transfer of unused drugs: Drugs packaged in unit doses generally; regulations.

1. As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

2. A pharmacist who provides a regimen of drugs in unit doses to a patient in a facility for skilled nursing or facility for intermediate care as defined in chapter 449

of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the dispensing pharmacy, which may reissue the drugs to fill other prescriptions or transfer the drugs in accordance with the provisions of NRS 449.2485 .

1. Except schedule II drugs specified in or pursuant to chapter 453 of NRS and except as otherwise provided in NRS 433.801 , 435.700 , 449.2485 ,

638.200 , 639.2675 and 639.2676 , unit doses packaged in ampules or vials which do not require refrigeration may be returned to the pharmacy which dispensed them. The Board shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

(Added to NRS by 1979, 981 ; A 1981, 840 ; 1985, 1769 ; 2003, 1374 ; 2009, 1090 ; 2011, 834 ; 2013, 3068 )

NRS 639.282

NRS

639.282

Unlawful possession or sale of certain pharmaceutical preparations, drugs or chemicals; destruction.

1. Except as otherwise provided in NRS 433.801 , 435.700 , 449.2485 ,

638.200 , 639.267 , 639.2675

and 639.2676 , it is unlawful for any person to have in his or her possession, or under his or her control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

(a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

(b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

(c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

(d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

(e) Has not been properly stored or refrigerated as required by its label.

1. The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his or her possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.

2. In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.

3. As used in this section, “health care board” includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.

(Added to NRS by 1967, 1664 ; A 1979, 982 ; 1989, 1124 , 1450 ;

2003, 1374 ; 2009, 1091 ; 2011, 835 ; 2013, 3070 )

NRS 642.016

NRS

642.016

“Funeral establishment” defined.

“Funeral establishment” means a place of business conducted at a specific street address or location devoted to the care and preparation for burial, cremation or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, having access to necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation and having a display room containing an inventory of funeral caskets.

(Added to NRS by 1993, 2610 ; A 2015, 1951 )

NRS 652.130

NRS

652.130

Regulations: Qualifications of laboratory directors and personnel; location, construction, sanitary conditions and equipment of laboratories; test results; restrictions.

1. Except as otherwise provided in NRS 652.127 , the Board, with the advice of the Medical Laboratory Advisory Committee, may prescribe and publish rules and regulations relating to:

(a) The education, training and experience qualifications of laboratory directors and technical personnel.

(b) The location and construction of laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, to ensure the conduct and operation of the laboratory in a manner which will protect the public health.

(c) Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to ensure the protection of the public health.

(d) The equipment essential to the proper conduct and operation of a laboratory.

(e) The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.

1. Any regulations adopted by the Board pursuant to this section must not require that the laboratory director of a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations:

(a) Be a licensed physician; or

(b) Perform duties other than those prescribed in

NRS 652.180 .

1. Any regulations adopted by the Board pursuant to this section that require the laboratory director of a laboratory in which the only tests performed are tests that are classified as waived tests pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations to be a licensed physician must include a licensed optometrist among the types of licensed physicians who are qualified to serve as a laboratory director of such a laboratory.

(Added to NRS by 1967, 927 ; A 1999, 173 ; 2015, 849 ; 2023, 1462 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

1. The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code , issued by the International Code Council, and any amendments to the Code

that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code , and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(c) Electrical equipment and systems;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code , and any amendments thereto, every third year.

1. The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

2. The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

3. The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

(c) Shall enforce the standards adopted.

1. The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

1. A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .

2. Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.

3. The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(c) Public utilities;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before the Director may adopt any regulations pursuant to this section.

1. As used in this section, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 701.230

NRS

701.230

Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

1. In a county whose population is 100,000 or more, a building whose construction, or retrofit that replaces the heating source of the premises, exclusive of maintenance, began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

(a) The system is merely supplementary to another means of heating;

(b) Under the particular circumstances, no other primary means of heating the spaces is possible other than electric resistance;

(c) The system is a hydronic radiant heating system or a system that uses ground-source heat pumps or water-source heat pumps; or

(d) The system using electric resistance for heating spaces uses electricity produced from renewable energy systems that exist on the owner’s property, including, without limitation, net metering systems.

1. The owner of a property who seeks to use a system using electric resistance for heating spaces must submit an application for an exception pursuant to subsection 1 to the governing body of the applicable local government before beginning construction or retrofitting of the system.

2. The governing body of the local government:

(a) Shall enforce subsection 1;

(b) Shall determine whether the property owner is eligible for an exception pursuant to subsection 1 within 30 days after receiving a complete application from the owner of the property; and

(c) Shall forward its decision to the owner of the property and to the Director.

1. This section does not prohibit the use of incandescent or fluorescent lighting.

2. As used in this section, “electric resistance” means passing an electric current through a resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.

(Added to NRS by 1983, 1575 ; A 1985, 2289 ; 1993, 1699 ; 2009, 987 , 1376 )

NRS 701.736

NRS

701.736

“Heating gas fireplace” defined.

“Heating gas fireplace” means a vented fireplace, including, without limitation, an appliance that is freestanding, recessed or zero clearance or a gas fireplace insert, that is:

1. Fueled by natural gas or propane; and

2. Not a decorative gas fireplace.

(Added to NRS by 2021, 2200 )

NRS 701.746

NRS

701.746

“Installer” defined.

“Installer” means a person engaged in the attachment of a regulated appliance or an appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 that the installer has purchased or been contracted to attach to a structure by means of the electrical, plumbing or ventilation system of the structure.

(Added to NRS by 2021, 2200 )

NRS 701.756

NRS

701.756

“Regulated appliance” defined.

“Regulated appliance” includes the following appliances:

1. An air purifier that is not an industrial air purifier;

2. A cold-temperature fluorescent lamp;

3. A commercial dishwasher;

4. A commercial fryer;

5. A commercial hot-food holding cabinet;

6. A commercial oven;

7. A commercial steam cooker;

8. A computer;

9. A computer monitor;

10. Electric vehicle supply equipment;

11. A gas fireplace;

12. A high color rendering index fluorescent lamp;

13. An impact-resistant fluorescent lamp;

14. A portable electric spa;

15. A residential ventilating fan; and

16. A water cooler.

(Added to NRS by 2021, 2201 )

NRS 701.758

NRS

701.758

“Residential ventilating fan” defined.

“Residential ventilating fan” means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to outside the building.

(Added to NRS by 2021, 2201 )

NRS 701.768

NRS

701.768

Establishment and amendment of minimum standards for regulated appliances and methods for verifying compliance; effective date; prohibition on sale, lease, rental or installation for compensation of new noncompliant appliances; regulations.

1. Not later than October 1, 2022, the Director shall adopt regulations establishing minimum standards of energy efficiency for regulated appliances and methods for verifying whether a regulated appliance complies with those standards.

2. On and after July 1, 2023, a new regulated appliance may not be sold, leased or rented in this State, or offered for sale, lease or rent in this State, unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for regulated appliances, the Director shall establish an effective date for such amended regulations which must be not earlier than 365 days after the date on which the amended regulations are filed with the Secretary of State pursuant to

NRS 233B.070 .

1. On and after January 1, 2024, a new regulated appliance may not be installed for compensation in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for new regulated appliances, beginning 1 year after the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070 , it shall be unlawful to install for compensation in this State a new regulated appliance that does not meet or exceed the more stringent standards of energy efficiency adopted by the Director.

2. The minimum standards of energy efficiency for regulated appliances adopted by the Director pursuant to subsection 1 must meet or exceed the following standards:

(a) An air purifier which is not an industrial air purifier must meet the following requirements as measured in accordance with version 2.0 of the “ENERGY STAR Product Specification for Room Air Cleaners” adopted by the United States Environmental Protection Agency:

(1) The clean air delivery rate for smoke must be not less than 30 cubic feet per minute;

(2) For models with a clean air delivery rate for smoke that is less than 100 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.7 cubic feet per minute;

(3) For models with a clean air delivery rate for smoke that is 100 or more but less than 150 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.9 cubic feet per minute;

(4) For models with a clean air delivery rate for smoke that is 150 or more cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 2.0 cubic feet per minute;

(5) For ozone-emitting models, the measured ozone must be not more than 50 parts per billion;

(6) For models with a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode power must be not more than 2 watts; and

(7) For models without a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode must be not more than 1 watt.

(b) Commercial dishwashers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers” must meet the eligibility criteria of that specification.

(c) Commercial fryers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Fryers” must meet the criteria of that specification.

(d) Commercial hot food holding cabinets included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets” must meet the criteria of that specification.

(e) Commercial ovens included in the scope of version 2.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Ovens” must meet the criteria of that specification.

(f) Commercial steam cookers included in the scope of version 1.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers” must meet the criteria of that specification.

(g) Computers and computer monitors must meet the requirements set forth in section 1605.3(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, and the test procedures for computers and computer monitors adopted by the Director must be in accordance with the testing method prescribed in section 1604(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, except that the Director may elect to amend the test procedure to reflect changes to section 1604(v) of Title 20 of the California Code of Regulations

that occur after January 1, 2020.

(h) Electric vehicle supply equipment included in the scope of version 1.0 of the “ENERGY STAR Program Requirements for Electric Vehicle Supply Equipment” must meet the eligibility criteria of that specification.

(i) Gas fireplaces must:

(1) Be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished.

(2) Prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days.

(3) If the gas fireplace is a heating gas fireplace, have a fireplace efficiency greater than or equal to 50 percent when tested in accordance with Standard No. P.4.1-15 of the Canadian Standards Association, “Testing Method for Measuring Annual Fireplace Efficiency.”

(j) High color rendering index fluorescent lamps, cold temperature fluorescent lamps and impact-resistant fluorescent lamps must meet the minimum efficacy requirements contained in 10 C.F.R. § 430.32(n)(4), as in effect on January 1, 2020, as measured in accordance with 10 C.F.R. Part 430, subpart B, Appendix R, “Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps,” as in effect on January 1, 2020.

(k) Portable electric spas must meet the requirements of the “American National Standard for Portable Electric Spa Energy Efficiency,” ANSI/APSP/ICC 14-2019 of the Association of Pool and Spa Professionals.

(l) In-line residential ventilating fans must have a fan motor efficacy of not less than 2.8 cubic feet per minute per watt.

(m) Residential ventilating fans other than in-line residential ventilating fans must have a fan motor efficacy of not less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and not less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with HVI Publication 916, “HVI Airflow Test Procedure,” of the Home Ventilating Institute.

(n) Water coolers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Water Coolers” must have an on mode with no water draw energy consumption of the following values as measured in accordance with the test requirements of that specification:

(1) Not more than 0.16 kilowatt-hours per day for cold only water coolers and cook and cold water coolers;

(2) Not more than 0.87 kilowatt-hours per day for storage-type hot and cold water coolers; and

(3) Not more than 0.18 kilowatt-hours per day for on-demand hot and cold water coolers.

(Added to NRS by 2021, 2201 )

NRS 704.78215

NRS

704.78215

Calculation of portfolio energy credits.

1. Except as otherwise provided in this section or by specific statute, a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.

2. The Commission may adopt regulations that give a provider more than one portfolio energy credit for each kilowatt-hour of electricity saved by the provider during its peak load period from energy efficiency measures.

3. Except as otherwise provided in this subsection, for portfolio energy systems placed into operation on or after January 1, 2016, the amount of electricity generated or acquired from a portfolio energy system does not include the amount of any electricity used by the portfolio energy system for its basic operations that reduce the amount of renewable energy delivered to the transmission grid for distribution and sale to customers of the provider. The provisions of this subsection do not apply to a portfolio energy system placed into operation on or after January 1, 2016, if a provider entered into a contract for the purchase of electricity generated by the portfolio energy system on or before December 31, 2012. For the purposes of this subsection, the amount of any electricity used by a portfolio energy system for its basic operations:

(a) Except as otherwise provided in paragraph (b), includes electricity used for the heating, lighting, air-conditioning and equipment of a building located on the site of the portfolio energy system, and for operating any other equipment located on such site.

(b) Does not include the electricity used by a portfolio energy system that generates electricity from geothermal energy for the extraction and transportation of geothermal brine or used to pump or compress geothermal brine.

(Added to NRS by 2005, 22nd Special Session, 80 ; A 2013, 2320 , 3503 )

NRS 709.130

NRS

709.130

Specifications of plant, poles and wires; maintenance and repair of equipment; location of poles, wires and other appurtenances; exclusive franchise prohibited.

1. Every person, company, corporation or association receiving a franchise pursuant to the provisions of NRS 709.050 to 709.170 , inclusive, shall:

(a) Provide a plant with all necessary appurtenances of approved construction for the full performance of the franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which the franchise relates.

(b) Keep the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.

1. Except as otherwise provided in this subsection, the board of county commissioners may when granting such franchise, fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board may change the location of any appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public requires. The board shall not require a company that provides telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.

2. All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways must not be less than 30 feet in height, and the wires strung thereon must not be less than 25 feet above the ground.

3. Every person, company, association or corporation operating a telephone, electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

4. No person, company, corporation or association may receive an exclusive franchise nor may any board of county commissioners grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170 , inclusive, apply.

[9:168:1909; RL § 2137; NCL § 3191]—(NRS A 1997, 2747 ; 2007, 710 ; 2013, 1955 )

NRS 709.240

NRS

709.240

Poles and wires subject to regulation by Public Utilities Commission of Nevada; repair of wires.

1. All poles from which wires are suspended for electric power, light or heating purposes within the boundaries of unincorporated towns or cities and over public highways shall be subject to such rules and regulations in constructing and maintaining the same as may be prescribed by the Public Utilities Commission of Nevada.

2. The persons or corporations operating such electric light, heat or power lines shall provide a competent electrician, at the expense of such persons or corporations, to cut, repair and replace wires in all cases where such cutting, repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

[7:102:1919; 1919 RL p. 2808; NCL § 3203]—(NRS A 1997, 1958 )

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