Nevada Swimming Pool Licensing Law

Nevada Code · 19 sections

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

NRS 206.335

NRS

206.335

Carrying graffiti implement at certain locations with intent to vandalize, place graffiti on or deface property.

Any person who carries on his or her person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:

(a) While on or under any overpass or bridge or in any flood channel;

(b) At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or

(c) In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization,

Ê is guilty of a misdemeanor unless the person has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.

As used in this section:

(a) Broad-tipped indelible marker means any felt-tipped marker or similar implement which contains a fluid that is not soluble in water and which has a flat or angled writing surface of a width of one-half inch or greater.

(b) Graffiti implement means any broad-tipped indelible marker, aerosol paint container, carbide-tipped instrument or other item that may be used to:

(1) Propel or apply any substance that is not soluble in water; or

(2) Etch or deface property.

(c) Public transportation vehicle means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.

(d) Transportation facility means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.

(Added to NRS by 2007, 2296 ; A 2015, 2109 )

NRS 244.306

NRS

244.306

Operation and maintenance of swimming pools and other centers acquired by gift.

The boards of county commissioners of the several counties, in addition to the powers now conferred upon them by law, may operate and maintain swimming pools and other public recreational and cultural centers when they have been acquired by gift to the county.
For the purpose of operating and maintaining such swimming pools or other public recreational and cultural centers the boards of county commissioners may use any unexpended money remaining in any county fund, except bond interest and redemption funds. The use and transfer of any such unexpended funds must be in conformance with chapter 354 of NRS relating to the transfer of funds by counties. The boards also may:

(a) Provide in their annual county budgets for the expense of such operation and maintenance and levy a tax for that purpose.

(b) Make charges for the use by the public of any swimming pools or public recreational or cultural centers acquired pursuant to this section.

(Added to NRS by 1957, 475 ; A 1965, 104 ; 1979, 905 ; 1991, 396 )

NRS 268.702

NRS

268.702

Park project defined.

Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof).

(Added to NRS by 1973, 999 )

NRS 268.710

NRS

268.710

Recreational project defined.

Recreational project means parks, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.

(Added to NRS by 1973, 1000 )

NRS 269.575

NRS

269.575

Town services.

Town services, any one of which or any combination of which may be supplied to the residents of a particular unincorporated town include, but need not be limited to:

(a) Cemetery;

(b) Dump stations and sites;

(d) Flood control and drainage;

(e) Garbage collection;

(f) Police;

(g) Parks;

(h) Recreation;

(i) Sewage collection;

(j) Streets;

(k) Street lights;

(l) Swimming pools;

(m) Television translator;

(n) Water distribution; and

(o) Acquisition, maintenance and improvement of town property.

Each unincorporated town is limited to that service or those services whose supply provided the basis for the formation of the town, as adjusted from time to time pursuant to NRS 269.570 .

(Added to NRS by 1975, 1347 ; A 1977, 1003 ; 1985, 2254 )

NRS 308.020

NRS

308.020

Applicability; definition of special district.

The Special District Control Law applies to:

(a) Any special district whose formation is initiated by a board of county commissioners; and

(b) Any petition for the formation of any proposed special district filed with any board of county commissioners.

As used in this chapter special district means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in this title, but excludes:

(a) All parks, trails and open space districts created pursuant to chapter 318A of NRS; and

(b) All housing authorities.

(Added to NRS by 1967, 1681 ; A 1977, 518 ; 1997, 483 ; 2017, 2010 , 2717 )

NRS 318.1191

NRS

318.1191

Swimming pools.

In the case of a district created wholly or in part for acquiring swimming pool improvements, the board shall have power to acquire real property swimming pool improvements, appurtenant shower, locker and other bathhouse facilities, and lighting, filtration and other equipment pertaining thereto.
The district shall not have the power in connection with the basic power stated in this section to:

(a) Levy special assessments; nor

(b) Borrow money which loan is evidenced by the issuance of any special assessment bonds or other special obligations payable from special assessments.

(Added to NRS by 1967, 1697 )

NRS 318.143

NRS

318.143

Recreational facilities.

Subject to the provisions of subsection 2, the board may acquire, construct, reconstruct, improve, extend and better lands, works, systems and facilities for recreation.
If the proposed recreational facilities are situated within 7 miles from the boundary of an incorporated city or unincorporated town, and if the county in which the proposed recreational facilities are situated has adopted a recreation plan pursuant to NRS 278.010 to 278.630 , inclusive, the authority conferred by subsection 1 may be exercised only in conformity with such plan.
Such recreational facilities may include without limitation exposition buildings, museums, skating rinks, other type rinks, fieldhouses, sports arenas, bowling alleys, swimming pools, stadiums, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, playgrounds, bowling greens, ball parks, public parks, promenades, beaches, marinas, levees, piers, docks, wharves, boat basins, boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, concert halls, theaters, auditoriums, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof).

(Added to NRS by 1965, 1088 ; A 1967, 1714 ; 1971, 1054 )

NRS 318.197

NRS

318.197

Rates, tolls and charges; liens; regulations governing connection and disconnection for facilities and services of district; collection of charges and penalties.

The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.
Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll in the county in which the property is located.
The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

(a) The granting of discounts for prompt payment of bills.

(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 years charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent. The board may provide for collection of the penalties provided for in this section.
The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.
The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.
As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

(a) Mailed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

(c) Recorded by the county recorder in a book kept by the county recorder for the purpose of recording instruments encumbering land; and

(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

(Added to NRS by 1959, 465 ; A 1963, 632 ; 1967, 1700 ; 1969, 95 ; 1971, 187 , 1054 ;

1975, 137 ; 1977, 542 ; 1991, 1708 ; 1995, 1906 ; 1997, 452 ; 2005, 727 )

NRS 361.233

NRS

361.233

Assessment and valuation of real property within common-interest community.

Notwithstanding any other provision of law, if a community association provides such information as the county assessor determines to be necessary to identify each community unit in the common-interest community:

(a) Any ad valorem taxes or special assessments assessed upon any real property within a common-interest community:

(1) Must be assessed upon the community units and not upon the common-interest community as a whole; and

(2) Must not be assessed upon any common elements of the common-interest community.

(b) Except as otherwise provided in subsection 2, the taxable value of each parcel:

(1) Composed solely of a community unit must consist of:

(I) The taxable value of that community unit; and

(II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community; or

(2) Composed of a community unit and any

portion of the common elements of the common-interest community must consist of:

(I) The taxable value of that community unit only; and

If a community association does not provide such information as the county assessor determines to be necessary to identify each community unit in the common-interest community, any ad valorem taxes and special assessments upon real property must be assessed upon the common elements of the common-interest community, and the taxable value of the common elements is the sum of the taxable value of all the common elements of that common-interest community.
If the declaration for a common-interest community or, in the absence of such a declaration, the recorded deeds for the community units of a common-interest community:

(a) Provide for the allocation to the community units of, except for any minor variations because of rounding, all the interests in the common elements of the common-interest community; or

(b) Do not provide for the allocation described in paragraph (a) but provide for the allocation to the community units of, except for any minor variations because of rounding, all the liabilities for the common expenses of the common-interest community,

Ê and the formula for allocation provided in the declaration or deeds differs from the formula for allocation set forth in sub-subparagraph (II) of subparagraph (1) of paragraph (b) of subsection 1 and sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, those sub-subparagraphs do not apply to the common-interest community, and the taxable value of the common elements of the common-interest community must be allocated to the community units in accordance with the formula for allocation provided in the declaration or deeds.

The Nevada Tax Commission shall adopt such regulations as it determines to be appropriate to ensure that this section is carried out in a uniform and equal manner that does not result in the double taxation of any common elements of a common-interest community.
For the purposes of this section:

(a) Ad valorem tax means an ad valorem tax levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

(b) Common elements means the physical portion of a common-interest community, including, without limitation, any landscaping, swimming pools, fitness centers, community centers, maintenance and service areas, parking areas, hallways, elevators and mechanical rooms, which is:

(1) Intended for the general benefit of and potential use by all the owners of the community units and their invitees; and

(2) Owned:

(I) By the community association;

(II) By any person on behalf or for the benefit of the owners of the community units; or

(III) Jointly by the owners of the community units.

(c) Common-interest community means real property with respect to which a person, by virtue of his or her ownership of a community unit, is obligated to pay for any real property other than that unit. The term includes a common-interest community governed by the provisions of chapter 116 of NRS, a condominium hotel governed by the provisions of chapter 116B of NRS, a condominium project governed by the provisions of chapter 117 of NRS and any time-share project, planned unit development or other real property which is organized as a common-interest community in this State.

(d) Community association means an association whose membership:

(1) Consists exclusively of the owners of the community units or their elected or appointed representatives; and

(2) Is a required condition of the ownership of a community unit.

(e) Community unit means a physical portion of a common-interest community, other than the common elements, which is:

(1) Designated for separate ownership or occupancy;

(2) Intended for:

(I) Residential use by the owner of that unit and his or her invitees; or

(II) Commercial use by the owner of that unit for the generation of revenue from any persons other than the owners of community units in that common-interest community and their invitees; and

(3) Identified by the community association as a community unit for the purpose of distributing the taxable value of the common elements to the community units pursuant to subsection 1.

(f) Declaration means any instrument, however denominated, that creates a common-interest community, including any amendment to an instrument.

(g) Special assessment means a special assessment levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

(Added to NRS by 2005, 1231 ; A 2007, 1883 , 2292 ;

2011, 3519 ; 2015, 1205 )

NRS 444.060

NRS

444.060

Use in public place prohibited; penalty.

It shall be unlawful for any person owning, operating or managing a public place of any kind or character to exhibit for use or permit the use of a common towel as described in NRS 444.050 .
Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

[2:17:1925; NCL § 10550] + [3:17:1925; NCL § 10551]—(NRS A 1967, 579 )

PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES

NRS 444.065

NRS

444.065

Public swimming pool defined.

Except as otherwise provided in subsection 2, as used in NRS 444.065 to 444.120 , inclusive, public swimming pool means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.
The term does not include any such structure at:

(a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.

(b) A family foster home as defined in NRS 424.013 .

(d) Any other residence or facility as determined by the State Board of Health.

(e) Any location if the structure is a privately owned pool used by members of a private club or invited guests of the members.

(Added to NRS by 1993, 2504 ; A 2009, 2819 ; 2011, 1999 )

NRS 444.070

NRS

444.070

Health authority to supervise public swimming pools and bathhouses; regulations.

The health authority shall supervise the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the State Board of Health or local board of health may adopt and enforce such rules and regulations pertaining thereto as it deems necessary to carry out the provisions of NRS 444.065

to 444.120 , inclusive.

Rules and regulations adopted pursuant to subsection 1 must not deny the use of a public spa to a child who is under 12 years of age and has adult supervision.

[1:38:1935; 1931 NCL § 5313.01]—(NRS A 1963, 954 ; 1969, 1019 ; 1987, 184 ; 1993, 2504 ; 1995, 66 )

NRS 444.080

NRS

444.080

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

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.
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.
The application shall state:

(a) The source of water supply.

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

(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.

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 444.105

NRS

444.105

Person with physical disability may use lifesaving device in public swimming pool; conditions.

No person may prohibit any person with a physical disability from using a life preserver or other lifesaving device in a public swimming pool if the person using the device presents a written statement signed by a licensed physician indicating that the person has a physical disability which requires the use of that device.

(Added to NRS by 1987, 184 )

NRS 444.110

NRS

444.110

Swimming pool as public nuisance; abatement.

Any swimming pool constructed, operated or maintained contrary to the provisions of NRS 444.065 to 444.120 , inclusive, is hereby declared to be a public nuisance, dangerous to health. Such a nuisance may be abated or enjoined in an action brought by the local board of health or the health authority.

[5:38:1935; 1931 NCL § 5313.05]—(NRS A 1963, 955 ; 1969, 1020 ; 1993, 2505 )

NRS 453.3345

NRS

453.3345

Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

Unless a greater penalty is provided in

NRS 453.333 or 453.334 , and except as otherwise provided in NRS 193.169 , any person who violates NRS 453.321 or 453.322 :

(a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

(b) On a campus of the Nevada System of Higher Education;

(c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or

(d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

Ê must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
For the purposes of this section:

(a) Playground means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

(b) Recreational center for youths means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

(d) Video arcade means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

(Added to NRS by 1989, 2066 ; A 1991, 1060 ; 1993, 406 ; 1999, 731 , 2639 ;

2001, 193 , 194 ;

2003, 383 )

NRS 453.3351

NRS

453.3351

Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.

Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169 , any person who violates NRS 453.322 or 453.3385 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:

(a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths; or

(b) In a manner which creates a great risk of death or substantial bodily harm to another person,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
For the purposes of this section:

(a) Playground has the meaning ascribed to it in NRS 453.3345 .

(b) Recreational center for youths has the meaning ascribed to it in NRS 453.3345 .

(c) Residence means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113 , or mobile home as defined in NRS 489.120 , that is designed or intended for occupancy.

(Added to NRS by 2003, 339 ; A 2005, 1058 ; 2019, 4468 )

NRS 624.895

NRS

624.895

Grounds for disciplinary action; unlawful acts; penalties.

A violation of any provision of NRS 624.830 to 624.895 , inclusive, or any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity by a contractor:

(a) Constitutes cause for disciplinary action pursuant to NRS 624.300 ; and

(b) May be reported to the Office of the Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.

It is unlawful for a person to violate any provision of NRS 624.830 to 624.895 , inclusive.
Any person who violates any provision of NRS 624.830 to 624.895 , inclusive, shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750 .
The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305 , inclusive.

(Added to NRS by 2021, 1058 )

RESIDENTIAL SWIMMING POOLS AND SPAS

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