[Rev. 2/10/2015 5:36:06
PM--2014R2]
CHAPTER 455C - BOILERS, ELEVATORS AND
PRESSURE VESSELS
GENERAL PROVISIONS
NRS 455C.010 Definitions.
NRS 455C.020 “Boiler” defined.
NRS 455C.030 “Boiler inspector” defined.
NRS 455C.040 “Certificate” defined.
NRS 455C.050 “Division” defined.
NRS 455C.060 “Elevator” defined.
NRS 455C.070 “Elevator mechanic”
defined.
NRS 455C.080 “Pressure vessel” defined.
PERMITS; REGULATIONS; CERTIFICATES
NRS 455C.100 Owner
of boiler, elevator or pressure vessel to obtain permit from Division;
exception.
NRS 455C.110 Regulations:
Standards and procedures; certification of boiler inspectors and elevator
mechanics; grounds for disciplinary action; methods of enforcement.
NRS 455C.115 Restriction
on adoption of regulations concerning construction, maintenance, operation or
safety of building, structure or other property.
NRS 455C.120 Fees.
NRS 455C.130 Application
for issuance or renewal of certificate: Statement regarding obligation of child
support required; grounds for denial of certificate; duty of Division.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 455C.140 Application
for issuance of certificate: Social security number required. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 455C.150 Suspension
of certificate for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of certification. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 455C.155 Application
for renewal of certificate: Information concerning business license required;
conditions which require denial.
NRS 455C.160 Unlawful
to perform certain acts concerning elevator unless certified as elevator
mechanic; criminal penalty; exception.
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GENERAL PROVISIONS
NRS 455C.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 455C.020 to 455C.080, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 1048)
NRS 455C.020 “Boiler” defined. “Boiler”
means a closed vessel in which water is heated, steam is generated, steam is
superheated, or any combination thereof, under pressure or vacuum, for use
external to the boiler by the direct application of heat. The term includes a
fired unit for heating or vaporizing liquids other than water if the unit is
separate from the processing system and is complete within itself.
(Added to NRS by 2001, 1048)
NRS 455C.030 “Boiler inspector” defined. “Boiler
inspector” means a person who inspects boilers and pressure vessels.
(Added to NRS by 2001, 1049)
NRS 455C.040 “Certificate” defined. “Certificate”
means a certificate issued pursuant to the provisions of NRS 455C.110.
(Added to NRS by 2001, 1049)
NRS 455C.050 “Division” defined. “Division”
means the Division of Industrial Relations of the Department of Business and
Industry.
(Added to NRS by 2001, 1049)
NRS 455C.060 “Elevator” defined. “Elevator”
includes, without limitation, an elevator, dumbwaiter, escalator, moving walk,
wheelchair lift or related equipment.
(Added to NRS by 2001, 1049)
NRS 455C.070 “Elevator mechanic” defined. “Elevator
mechanic” means a person who installs, maintains, relocates, improves, alters
or repairs elevators.
(Added to NRS by 2001, 1049)
NRS 455C.080 “Pressure vessel” defined. “Pressure
vessel” means a vessel in which pressure is obtained from an external source or
by the application of heat from a direct or indirect source.
(Added to NRS by 2001, 1049)
PERMITS; REGULATIONS; CERTIFICATES
NRS 455C.100 Owner of boiler, elevator or pressure vessel to obtain permit
from Division; exception. The
owner of a boiler, elevator or pressure vessel must obtain a permit issued by
the Division before the boiler, elevator or pressure vessel may be operated
unless the Division has provided an exemption for the boiler, elevator or
pressure vessel pursuant to NRS 455C.110.
(Added to NRS by 2001, 1049)
NRS 455C.110 Regulations: Standards and procedures; certification of boiler
inspectors and elevator mechanics; grounds for disciplinary action; methods of
enforcement. The Division shall
adopt regulations that establish:
1. Standards and procedures relating to
the installation, inspection, operation, maintenance, relocation, improvement,
alteration and repair of boilers, elevators and pressure vessels, including,
without limitation, regulations:
(a) Providing an exemption from those standards
and procedures:
(1) In the case of an emergency; or
(2) If the Division determines that it is
in the best interests of the general public; and
(b) Establishing requirements for the inspection
of boilers, elevators and pressure vessels.
2. The requirements for the issuance and
renewal of a certificate as:
(a) A boiler inspector; and
(b) An elevator mechanic.
3. The grounds for initiating disciplinary
action against a holder of a certificate, including, without limitation, the
grounds for:
(a) The suspension or revocation of a
certificate; and
(b) Requiring the holder of a certificate to pay
an administrative fine.
4. The methods of enforcement the Division
will use to ensure compliance with NRS 455C.100
and the regulations adopted pursuant to subsection 1, including, without
limitation:
(a) Notifying an owner of a boiler, elevator or
pressure vessel that the owner has violated a provision of the regulations
adopted pursuant to subsection 1 and establishing a period within which the
owner must correct the violation;
(b) Requiring the owner to pay an administrative
fine; and
(c) Suspending or revoking a permit issued by the
Division pursuant to NRS 455C.100.
(Added to NRS by 2001, 1049)
NRS 455C.115 Restriction on adoption of regulations concerning construction,
maintenance, operation or safety of building, structure or other property. Before the Division may adopt any regulation
concerning the construction, maintenance, operation or safety of a building,
structure or other property in this State, the Division shall consult with the
Deputy Administrator of the Public Works - Compliance and Code Enforcement
Section for the purposes of subsection 9 of NRS
341.100.
(Added to NRS by 2011, 3576;
A 2013, 397)
NRS 455C.120 Fees.
1. The Division shall, by regulation,
prescribe any fee that is necessary to carry out the provisions of this
chapter, including, without limitation, fees for:
(a) An application for a certificate;
(b) The issuance of a certificate;
(c) The renewal of a certificate;
(d) Any examination the Division may require for
obtaining a certificate; and
(e) Inspections of boilers, elevators or pressure
vessels.
2. Any fee prescribed by the Division
pursuant to subsection 1 must be based on the actual cost necessary to carry
out the provisions of this chapter.
3. The fees collected pursuant to this
section must be used to reduce the assessments established pursuant to NRS 232.680.
(Added to NRS by 2001, 1049)
NRS 455C.130 Application for issuance or renewal of certificate: Statement
regarding obligation of child support required; grounds for denial of
certificate; duty of Division. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of a certificate must submit to the Division the statement prescribed
by the Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Division shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate may not be issued or
renewed by the Division if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Division shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 2001, 1050)
NRS 455C.140 Application for issuance of certificate: Social security number
required. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] An application for the issuance of a
certificate must include the social security number of the applicant.
(Added to NRS by 2001, 1050)
NRS 455C.150 Suspension of certificate for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of certification.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Division receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to the holder of a
certificate, the Division shall deem the certificate to be suspended at the end
of the 30th day after the date on which the court order was issued unless the
Division receives a letter issued to the holder of the certificate by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a
certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate was suspended stating that the person whose certificate was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 2001, 1050)
NRS 455C.155 Application for renewal of certificate: Information concerning
business license required; conditions which require denial.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a certificate must
indicate in the application submitted to the Division whether the applicant has
a state business license. If the applicant has a state business license, the
applicant must include in the application the state business license number
assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate may not be renewed by the
Division if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Division pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2731)
NRS 455C.160 Unlawful to perform certain acts concerning elevator unless
certified as elevator mechanic; criminal penalty; exception.
1. Except as otherwise provided in
subsection 3, it is unlawful for any person to install, maintain, relocate,
improve, alter or repair an elevator within this State unless the person is
certified as an elevator mechanic pursuant to NRS
455C.110.
2. A person who violates subsection 1 is
guilty of a misdemeanor.
3. The Division may exempt a person who
performs certain categories of acts relating to elevators from the requirement
of obtaining a certificate if the Division determines it would be in the best
interests of the general public.
(Added to NRS by 2001, 1051)
