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Nevada Restoration & Abatement Licensing Law

Nevada Code · 24 sections

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


NRS 338.195

NRS

338.195

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

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

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

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


NRS 487.740

NRS

487.740

“Flood-damaged vehicle” defined.

“Flood-damaged vehicle” means a motor vehicle which:

  1. Has been submerged in water to a point that the level of the water is higher than the door sill of the vehicle and the water has entered the passenger, trunk or engine compartment of the vehicle and has come into contact with the electrical system of the vehicle; or

  2. Has been acquired by an insurance company or retained by its owner or any other person as part of a total loss settlement resulting from water damage.

(Added to NRS by 2003, 1909 )


NRS 617.065

NRS

617.065

“Disease related to asbestos” defined.

“Disease related to asbestos” means any disease caused by the inhalation of the fibers of asbestos, including but not limited to:

  1. Interstitial pulmonary fibrosis;

  2. Mesothelioma; and

  3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.

(Added to NRS by 1987, 589 )


NRS 617.1675

NRS

617.1675

Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration.

  1. There is hereby created in the State General Fund the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities. The Account consists of money appropriated to the Account by the Legislature and interest and income earned pursuant to subsection 2.

  2. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.

  3. The Account must be administered by the State Treasurer. The money in the Account may be expended only for the purposes set forth in NRS 617.168 and none of the money in the Account may be expended for administrative purposes. The expenditures must be made on claims approved by the insurer and paid as other claims against the State are paid.

(Added to NRS by 1975, 821 ; A 1981, 1502 ; 1983, 1589 ; 1985, 723 ; 1987, 590 ; 1991, 1802 ; 1999, 1802 )


NRS 617.168

NRS

617.168

Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion.

  1. The money in the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities must be expended to provide:

(a) The continuing benefits described in subsection 6 of NRS 617.460 ;

(b) The increased benefits for permanent total disability described in NRS 616C.455 ; and

(c) The increased death benefits described in NRS 616C.510 .

  1. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto pursuant to subsection 1, the State Treasurer shall pay an amount equal to that shown on the statement from the Account to the insurer.

  2. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits pursuant to the provisions of subsection 1 are no longer eligible for those benefits, the balance of the Account must revert to the State General Fund.

(Added to NRS by 1975, 822 ; A 1981, 1502 ; 1985, 723 ; 1987, 590 ; 1991, 1802 ; 1999, 1802 )

LIABILITY FOR PROVISION OF COVERAGE

Applicability


NRS 617.453

NRS

617.453

Cancer as occupational disease of firefighters and other persons employed in occupations related to fire.

  1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:

(a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:

(1) Employed in this State in a full-time salaried occupation as:

(I) A firefighter for the benefit or safety of the public;

(II) An investigator of fires or arson; or

(III) An instructor or officer for the provision of training concerning fire or hazardous materials; or

(2) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D , inclusive, of NRS pursuant to the provisions of NRS 616A.145 ; and

(b) It is demonstrated that:

(1) The person was exposed, while in the course of the employment, to a known carcinogen, or a substance reasonably anticipated to be a human carcinogen, as defined by the International Agency for Research on Cancer or the National Toxicology Program; and

(2) The carcinogen or substance, as applicable, is reasonably associated with the disabling cancer.

  1. With respect to a person who, for 5 years or more, has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers:

(a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer.

(b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer.

(c) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with breast cancer.

(d) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.

(e) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with esophageal cancer.

(f) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma.

(g) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.

(h) Benzene, diesel exhaust and soot, formaldehyde, 1,3-butadiene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with leukemia.

(i) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.

(j) Arsenic, asbestos, cadmium, chromium compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be deemed to be known carcinogens that are reasonably associated with lung cancer.

(k) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or hematopoietic cancer.

(l) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma.

(m) Benzene, dioxins and glyphosate shall be deemed to be known carcinogens that are reasonably associated with multiple myeloma.

(n) Arsenic, asbestos, benzene, diesel exhaust and soot, formaldehyde and hydrogen chloride shall be deemed to be known carcinogens that are reasonably associated with nasopharyngeal cancer, including laryngeal cancer and pharyngeal cancer.

(o) Benzene, chronic hepatitis B and C viruses, formaldehyde and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with non-Hodgkin’s lymphoma.

(p) Asbestos, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with ovarian cancer.

(q) Polycyclic aromatic hydrocarbon shall be deemed to be a known carcinogen that is reasonably associated with pancreatic cancer.

(r) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer.

(s) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with rectal cancer.

(t) Chlorophenols, chlorophenoxy herbicides and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with soft tissue sarcoma.

(u) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with stomach cancer.

(v) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer.

(w) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid cancer.

(x) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with urinary tract cancer and ureteral cancer.

(y) Benzene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with uterine cancer.

  1. The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen or is reasonably anticipated to be a human carcinogen, including an agent classified by the International Agency for Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a disabling cancer.

  2. Except as otherwise provided in subsection 10, compensation awarded to the employee or his or her dependents for disabling cancer pursuant to this section must include:

(a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527 , the amount that is allowed for the treatment or other services under that contract; and

(b) The compensation provided in chapters 616A to 616D , inclusive, of NRS for the disability or death.

  1. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, disabling cancer is rebuttably presumed to have arisen out of and in the course of the employment of the person if the disease is diagnosed during the course of the person’s employment described in paragraph (a) of subsection 1.

  2. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires before July 1, 2019, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on which the volunteer firefighter retires, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his or her employment.

  3. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed:

(a) If the person ceases employment before completing 20 years of service as a firefighter, investigator, instructor or officer, during the period after separation from employment which is equal to the number of years worked; or

(b) If the person ceases employment after completing 20 years or more of service as a firefighter, investigator, instructor or officer, at any time during the person’s life.

  1. Service credit which is purchased in a retirement system must not be used to calculate the number of years of service or employment of a person for the purposes of this section.

  2. A rebuttable presumption created by subsection 5, 6 or 7 must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. The provisions of subsections 5, 6 and 7 do not create a conclusive presumption.

  3. A person who files a claim for a disabling cancer pursuant to subsection 7 after he or she retires from employment as a firefighter, investigator of fires or arson, or instructor or officer for the provision of training concerning fire or hazardous materials is not entitled to receive any compensation for that disease other than medical benefits.

(Added to NRS by 1987, 1109 ; A 2003, 1739 ; 2005, 344 ; 2009, 2822 ; 2019, 3429 )


NRS 617.460

NRS

617.460

Silicosis and diseases related to asbestos as occupational diseases; compensation and claims.

  1. Except as otherwise provided in NRS 617.366 , silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.

  2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.

  3. Nothing in this chapter entitles an employee or the dependents of the employee to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death because of silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

  4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this State covered by this chapter and chapters 616A to 616D , inclusive, of NRS.

  5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapters 616A to 616D , inclusive, of NRS. Except as otherwise provided in NRS 616C.505 , the insurer shall not allow the conversion of the compensation benefits provided for in this section into the payment of a lump sum. Payment of benefits and compensation is limited to the claimant and the dependents of the claimant.

  6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or the dependents of the claimant, upon receiving the maximum sum payable, $14,250, to which they are entitled, are not entitled to compensation from the insurer, but are entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.

[Part 26:44:1947; A 1949, 365 ; 1953, 297 ]—(NRS A 1957, 307 ; 1959, 250 ; 1961, 449 ; 1963, 84 ; 1965, 980 ; 1967, 206 ; 1969, 898 ; 1971, 326 , 1083 ;

1973, 539 , 1406 ;

1975, 259 , 510 ,

823 ;

1979, 1064 ; 1981, 1504 ; 1983, 460 ; 1985, 724 ; 1987, 590 ; 1991, 1803 ; 1993, 771 ; 1995, 2036 )


NRS 617.470

NRS

617.470

Occupational diseases of respiratory tract resulting from exposure to dusts.

All conditions, restrictions, limitations and other provisions of NRS 617.460 with reference to the payment of compensation or benefits on account of silicosis or a disease related to asbestos are applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts.

[28:44:1947; 1943 NCL § 2800.28]—(NRS A 1987, 591 )


NRS 618.7318

NRS

618.7318

Medical facility to submit annual summary of workplace injuries and illnesses; Division to make available certain summaries and reports.

  1. A medical facility shall submit to the Division the most current annual summary of workplace injuries and illnesses compiled pursuant to 29 C.F.R. § 1904.32.

  2. The Division shall make available on an Internet website maintained by the Division a copy of the most recent:

(a) Annual summary submitted by each medical facility in this State pursuant to subsection 1;

(b) Reports prepared by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 439.840 and 439.845 ; and

(c) Sentinel Event Data Summary published by The Joint Commission or its successor organization or, if that summary ceases to be published, a similar report selected by the Division.

(Added to NRS by 2019, 3676 )

CERTAIN OCCUPATIONS

Control of Asbestos


NRS 618.750

NRS

618.750

Definitions.

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

  1. “Asbestos” means asbestiform varieties of:

(a) Chrysotile (serpentine);

(b) Crocidolite (riebeckite);

(c) Amosite (cummingtonite-grunerite);

(d) Anthophyllite;

(e) Tremolite; or

(f) Actinolite.

  1. “Control of asbestos” means:

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

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

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

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

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

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

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


NRS 618.755

NRS

618.755

Scope.

NRS 618.750 to 618.850 , inclusive, does not apply to:

  1. The control of asbestos by a person in his or her own residence.

  2. A person employed by a public utility which supplies electricity when performing emergency activities which include, but are not limited to:

(a) The removal of insulation containing asbestos on pipes;

(b) The removal of small quantities of insulation containing asbestos on beams or above ceilings;

(c) The replacement of a gasket containing asbestos on a valve;

(d) The installation or removal of a small section of drywall; and

(e) The installation of electrical conduits running through or proximate to materials containing asbestos,

Ê if the person is trained by and works under the direction of a person who is capable of identifying existing hazards in a workplace which are related to asbestos, tremolite, anthophyllite or actinolite, and is authorized to take prompt corrective measures to eliminate them as set forth in 29 C.F.R. § 1926.32(f) on June 28, 1989.

(Added to NRS by 1989, 1276 ; A 2013, 2744 )


NRS 618.765

NRS

618.765

Regulations of Division: Standards and procedures.

  1. Not later than 60 days after June 28, 1989, the Division shall adopt regulations establishing standards and procedures for the licensure of each occupation which are at least as stringent as those contained in the Model Contractor Accreditation Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on January 1, 1989. The regulations must include standards for:

(a) Courses which provide initial training;

(b) Courses which provide a review of the initial training;

(c) Examinations;

(d) Qualifications;

(e) Renewal of licensure; and

(f) Revocation of licensure.

  1. After consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the county air pollution control agencies designated pursuant to NRS 445B.500 , the Division shall adopt standards for:

(a) Projects for the control of asbestos;

(b) Specifying the amount of asbestos within a material which must be present to qualify the material as a “material containing asbestos” for the purposes of NRS 618.750 to 618.850 , inclusive;

(c) Laboratories which analyze building materials for the presence of asbestos;

(d) Laboratories which collect or analyze air samples for those projects; and

(e) The assessment of the exposure of occupants of a building at the completion of a project for the control of asbestos.

  1. The Division shall by regulation adopt a standard for the assessment of the exposure of the occupants of a building to airborne asbestos. The standard:

(a) Must be set according to a time-weighted average concentration of asbestos fibers in the air, measured under normal occupancy conditions; and

(b) Must be at least as stringent as the corresponding federal standard, if one has been adopted.

  1. The standard adopted pursuant to subsection 3 may be used:

(a) To assess the need to respond to the presence of asbestos in a building; or

(b) To determine which buildings or structures are most in need of such response.

Ê The standard does not require the monitoring of the air of any building or structure, or create a duty for the Division to inspect any building or structure, except in connection with the enforcement of this chapter.

(Added to NRS by 1989, 1276 ; A 1993, 1886 )


NRS 618.780

NRS

618.780

Disposal of asbestos and material containing asbestos.

All asbestos and material containing asbestos removed from a building during a project to control asbestos must be disposed of in accordance with the regulations adopted by the State Environmental Commission for the disposal of asbestos and material containing asbestos.

(Added to NRS by 1989, 1280 )


NRS 618.785

NRS

618.785

Provisions and standards not to be used as evidence to deny liability or claim for compensation for exposure to asbestos.

Nothing in NRS 618.750 to 618.850 , inclusive, including standards adopted pursuant thereto, may be used as evidence:

  1. To deny liability in an action seeking damages for disease as a result of exposure to asbestos in a building or structure; or

  2. To deny a claim for compensation pursuant to chapters 616A to 616D , inclusive, or 617

of NRS relating to exposure to asbestos.

(Added to NRS by 1989, 1277 )


NRS 618.795

NRS

618.795

Issuance of licenses by Division.

  1. The Division shall issue licenses to qualified applicants in each occupation.

  2. The Division may adopt regulations to include within the definition of “occupation” any discipline deemed necessary, including that of instructor in the control of asbestos.

(Added to NRS by 1989, 1277 ; A 1993, 1887 )


NRS 618.800

NRS

618.800

Application for license: Requirements and procedures.

A person applying for a license in an occupation must:

  1. Submit an application on a form prescribed and furnished by the Division, accompanied by a fee prescribed by the Division;

  2. Successfully complete a course of training in the control of asbestos approved or administered by the Division for that occupation;

  3. Pass an examination approved or administered by the Division for that occupation;

  4. If the person is a contractor, present proof satisfactory to the Division that the person is insured to the extent determined necessary by the Administrator for the appropriate activities for the control of asbestos permitted under the requested license, for the effective period of the license; and

  5. Meet any additional requirement established by the Division.

(Added to NRS by 1989, 1277 ; A 1993, 1887 )


NRS 618.810

NRS

618.810

Issuance of license as contractor on basis of status as qualified employee prohibited.

The Division shall not issue a license as a contractor for projects for the control of asbestos on the basis of a person’s status under chapter 624 of NRS as a qualified employee.

(Added to NRS by 1989, 1278 ; A 1993, 1888 )


NRS 618.815

NRS

618.815

Issuance of license to applicant who holds license issued by another state.

The Division may issue a license in an occupation to an applicant who holds a valid license in that occupation issued to him or her by the District of Columbia or any state or territory of the United States, or who has met the requirements for that occupation set by the Environmental Protection Agency pursuant to the Asbestos Hazard Emergency Response Act, if:

  1. The legal requirements of that district, state or territory for licensure in that occupation were, at the time of issuance of the license, at least equivalent to those of this State.

  2. The applicant passes an examination, if required by the Board.

  3. The applicant furnishes to the Board such other proof of the applicant’s qualifications as the Board requires.

(Added to NRS by 1989, 1278 ; A 1993, 1888 )


NRS 618.820

NRS

618.820

Duties of person licensed as contractor.

A person licensed as a contractor for projects for the control of asbestos shall:

  1. If a laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory which meets the standards adopted by the Division.

  2. If a commercial laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory in which the contractor or owner of the building or structure has no financial interest, unless the Division by regulation provides otherwise.

  3. Comply with the standards adopted by the Division for projects.

  4. Unless specifically exempted by the Division, refrain from providing any of the services of an inspector, management planner, consultant or project designer on a project.

(Added to NRS by 1989, 1279 ; A 1993, 1888 )


NRS 618.825

NRS

618.825

Employment of unlicensed person by licensed contractor prohibited.

A person licensed as a contractor for projects for the control of asbestos shall not employ to engage in activities directly related to asbestos on his or her projects a person who is not licensed pursuant to NRS 618.795 .

(Added to NRS by 1989, 1279 )


NRS 618.830

NRS

618.830

Inspection of projects.

The Division or a person authorized by the Division shall inspect annually at least one project for the control of asbestos conducted by each contractor licensed pursuant to NRS 618.795 . The contractor shall, upon request of the Division or a person authorized by the Division, allow the inspection of all property, activities and facilities at the project and all related documents and records.

(Added to NRS by 1989, 1280 ; A 1993, 1889 )


NRS 618.835

NRS

618.835

Disciplinary action; owner of building not liable for employment of another contractor after revocation of license of original contractor.

  1. If the Division finds that a person, other than a worker, has violated any of the provisions of NRS 618.780 , 618.790 , 618.820

or 618.825 , or the standards or regulations adopted pursuant to NRS 618.750

to 618.850 , inclusive, it may:

(a) Upon the first violation, impose upon the person an administrative fine of not more than $15,000.

(b) Upon the second and subsequent violations:

(1) Impose upon the person an administrative fine of not more than $25,000; and

(2) If the person is licensed pursuant to NRS 618.795 , revoke his or her license and require the person to fulfill certain training or educational requirements to have the license reinstated.

Ê Any penalty imposed pursuant to this section does not relieve the person from criminal prosecution for engaging in the control of asbestos without a license, nor from the imposition of a penalty pursuant to NRS 445B.640 .

  1. If the license of a contractor for projects for the control of asbestos is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

(Added to NRS by 1989, 1279 ; A 1993, 1889 ; 1995, 1645 ; 2013, 2744 )


NRS 618.845

NRS

618.845

Injunctive relief.

The Division may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the control of asbestos in violation of the provisions of NRS 618.780 , 618.790 , 618.820

or 618.825 , or the standards or regulations adopted by the Division pursuant to NRS 618.750 to 618.850 , inclusive. An injunction:

  1. May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

  2. Does not relieve the person from criminal liability for engaging in the control of asbestos without a license.

(Added to NRS by 1989, 1280 ; A 1993, 1889 )


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


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