[Rev. 2/11/2015 11:40:14
AM--2014R2]
CHAPTER 623 - ARCHITECTURE, INTERIOR DESIGN
AND RESIDENTIAL DESIGN
GENERAL PROVISIONS
NRS 623.010 Purpose.
NRS 623.015 Definitions.
NRS 623.017 “Architect”
defined.
NRS 623.019 “Board”
defined.
NRS 623.021 “Certificate
of registration” defined.
NRS 623.022 “Partition”
defined.
NRS 623.0225 “Practice
as a registered interior designer” defined.
NRS 623.023 “Practice
of architecture” defined.
NRS 623.025 “Practice
of residential design” defined.
NRS 623.026 “Registered
interior designer” defined.
NRS 623.027 “Residential
designer” defined.
NRS 623.029 “Responsible
control” defined.
STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL
DESIGN
NRS 623.050 Creation;
number, appointment, qualifications and removal of members.
NRS 623.070 Compensation
of members and employees.
NRS 623.080 Oaths
of members.
NRS 623.090 Offices.
NRS 623.100 Appointment
and terms of officers; quorum.
NRS 623.120 Seal.
NRS 623.130 Secretary
to keep record of proceedings of Board.
NRS 623.131 Confidentiality
of certain records of Board; exceptions.
NRS 623.133 Designation
of Attorney General as legal adviser.
NRS 623.135 Employment
and compensation of employees.
NRS 623.140 Election
of officers; regulations.
NRS 623.145 Codes
of ethics.
NRS 623.150 Enforcement
of chapter; expenses.
NRS 623.152 Subpoenas.
NRS 623.153 Attendance
of witnesses.
NRS 623.155 Fiscal
year.
NRS 623.160 Receipt,
deposit and withdrawal of fees.
NRS 623.165 Claim
for attorney’s fees and cost of investigation: Conditions; procedure.
NRS 623.170 Payment
of expenses of Board.
REGISTRATION
NRS 623.180 Certificate:
Issuance; expiration; prorated fees; synonymous with registration; unauthorized
use or display unlawful.
NRS 623.182 Temporary
certificate of registration to practice architecture: Application; conditions;
limitations.
NRS 623.185 Seal:
Design; use; regulations; unlawful acts.
NRS 623.190 Certificate
of registration to practice architecture or residential design: Qualifications
of applicants; standards for examination; oath.
NRS 623.192 Certificate
of registration to practice interior design: Qualifications of applicants;
accreditation of program of interior design; standards for examination; oath.
NRS 623.200 Examination;
limitation on registration.
NRS 623.205 Reexamination.
NRS 623.210 Board
authorized to accept registration in other jurisdiction in lieu of examinations
for certificate of registration to practice architecture or residential design.
NRS 623.215 Board
authorized to accept evidence of registration in other jurisdiction as interior
designer.
NRS 623.220 Fee
for registration; issuance of certificate.
NRS 623.225 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Board. [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 623.225 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Board. [Effective on 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 and
expires by limitation 2 years after that date.]
NRS 623.230 Official
register of certificates of registration.
NRS 623.250 Renewal
of certificate: Issuance of card; fee.
NRS 623.255 Renewal
of certificate: Continuing education.
NRS 623.260 Renewal
of certificate after expiration.
DISCIPLINARY ACTION
NRS 623.270 Grounds;
conditions for probation; orders imposing discipline deemed public records;
private reprimands prohibited.
NRS 623.285 Suspension
of certificate for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of certificate. [Effective until 2 years
after 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 623.290 Entry
and notice of penalty.
NRS 623.300 Application
for reinstatement of certificate after revocation.
FEES
NRS 623.310 Fees.
MISCELLANEOUS PROVISIONS
NRS 623.325 Written
contracts for professional services required; exceptions.
NRS 623.330 Exemptions;
civil and criminal liability.
NRS 623.333 Architect
or residential designer not required to obtain certificate of registration to
practice as registered interior designer.
NRS 623.335 Immunity
from civil liability for furnishing information to Board or otherwise assisting
in investigation or prosecution.
NRS 623.349 Formation
of business organizations or associations with persons outside of field of
practice or with unregistered or unlicensed persons: Conditions; limitations.
NRS 623.350 Business
organization or association engaged in practice of architecture or residential
design, or practice as registered interior designer: Responsible control of
work by architect, registered interior designer or residential designer;
exception; violation of provisions of chapter.
NRS 623.353 Residential
designer under responsible control of registered architect.
NRS 623.354 Registered
interior designers authorized to collaborate with members of certain
professions; limitations.
NRS 623.357 Allegation
and proof of registered status in action for compensation.
NRS 623.358 Granting
of title as emeriti: Requirements; use; prohibitions; return to active
practice.
PROHIBITED ACTS; ENFORCEMENT; PENALTIES
NRS 623.360 Prohibited
acts; penalties; injunctive relief.
NRS 623.365 Civil
penalty.
NRS 623.370 District
attorney to prosecute violations.
_________
GENERAL PROVISIONS
NRS 623.010 Purpose. The
purpose of this chapter is to safeguard life, health and property, and to
promote the public welfare by improving the quality of human environmental design.
[1:220:1949; 1943 NCL § 537.1]—(NRS A 1973, 1696)
NRS 623.015 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 623.017 to 623.029, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467; 1995, 1696; 2001, 1785)
NRS 623.017 “Architect” defined. “Architect”
means any person who engages in the practice of architecture and holds a
certificate of registration issued by the Board.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467)
NRS 623.019 “Board” defined. “Board”
means the State Board of Architecture, Interior Design and Residential Design.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467; 1995, 1696)
NRS 623.021 “Certificate of registration” defined. “Certificate
of registration” means the certificate of registration issued by the Board to:
1. An architect;
2. A registered interior designer; or
3. A residential designer.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467; 1995, 1696)
NRS 623.022 “Partition” defined. “Partition”
means a wall which does not:
1. Support a vertical load of a structure
other than its own weight;
2. Separate interior areas of a structure
which are designed for different uses;
3. Support a structure; and
4. Extend further than from the floor of
an interior area of a structure designed for human habitation or occupancy to
the ceiling of that structure.
(Added to NRS by 1995, 1693)
NRS 623.0225 “Practice as a registered interior designer” defined. “Practice as a registered interior designer”
means the rendering, by a person registered pursuant to subsection 2 of NRS 623.180, of services to enhance the quality and
function of an interior area of a structure designed for human habitation or
occupancy. The term includes:
1. An analysis of:
(a) A client’s needs and goals for an interior
area of a structure designed for human habitation or occupancy; and
(b) The requirements for safety relating to that
area;
2. The formulation of preliminary designs
for an interior area designed for human habitation or occupancy that are
appropriate, functional and esthetic;
3. The development and presentation of
final designs that are appropriate for the alteration or construction of an
interior area of a structure designed for human habitation or occupancy;
4. The preparation of contract documents
for the alteration or construction of an interior area of a structure designed
for human habitation or occupancy, including specifications for partitions,
materials, finishes, furniture, fixtures and equipment;
5. The collaboration in the completion of
a project for the alteration or construction of an interior area of a structure
designed for human habitation or occupancy with professional engineers or
architects who are registered pursuant to the provisions of title 54 of NRS;
6. The preparation and administration of
bids or contracts as the agent of a client; and
7. The review and evaluation of problems
relating to the design of a project for the alteration or construction of an
area designed for human habitation or occupancy during the alteration or
construction and upon completion of the alteration or construction.
(Added to NRS by 1995, 1694; A 1997, 201)
NRS 623.023 “Practice of architecture” defined. The
“practice of architecture” consists of rendering services embracing the
scientific, esthetic and orderly coordination of processes which enter into the
production of a completed structure which has as its principal purpose human
habitation or occupancy, or the utilization of space within and surrounding the
structure, performed through the medium of plans, specifications,
administration of construction, preliminary studies, consultations,
evaluations, investigations, contract documents and advice and direction.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467; 1995, 1696)
NRS 623.025 “Practice of residential design” defined. The “practice of residential design” consists
of rendering services embracing the scientific, esthetic or orderly
coordination of processes which enter into:
1. The production of a completed:
(a) Single-family dwelling unit; or
(b) Multifamily dwelling structure that does not
exceed two stories in height and is composed of not more than four units in
that structure; and
2. The use of space within and surrounding
the unit or structure,
Ê performed through
the medium of plans, specifications, administration of construction,
preliminary studies, consultations, evaluations, investigations, contract
documents, and advice and direction.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467; 1995, 1696; 2001, 1785)
NRS 623.026 “Registered interior designer” defined. “Registered
interior designer” means a person who provides some or all of the services set
forth in NRS 623.0225 and holds a certificate of
registration issued by the Board pursuant to subsection 2 of NRS 623.180.
(Added to NRS by 1995, 1694; A 1997, 202)
NRS 623.027 “Residential designer” defined. “Residential
designer” means any person who engages in the practice of residential design
and holds a certificate of registration issued by the Board.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918; 1993, 2467)
NRS 623.029 “Responsible control” defined. “Responsible
control” means the amount of control over and detailed knowledge of the content
of a technical submission during its preparation that is ordinarily exercised
by a registered architect, registered interior designer or residential
designer, as applicable, when applying the normal standard of professional
care.
(Added to NRS by 2001, 1785)
STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND
RESIDENTIAL DESIGN
NRS 623.050 Creation; number, appointment, qualifications and removal of
members.
1. The State Board of Architecture,
Interior Design and Residential Design, consisting of nine members appointed by
the Governor, is hereby created.
2. The Governor shall appoint:
(a) Five members who are registered architects
and have been in the active practice of architecture in the State of Nevada for
not less than 3 years preceding their appointment.
(b) One member who is a registered residential
designer.
(c) Two members who are registered interior
designers and who are not registered architects or residential designers.
(d) One member who is a representative of the
general public. This member must not be:
(1) A registered architect, a registered
interior designer or a registered residential designer; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a registered architect, a registered interior
designer or a registered residential designer.
3. Members of the Board must have been
residents of this State for not less than 2 years preceding their appointment.
4. The Governor may, upon a bona fide
complaint, and for good cause shown, after 10 days’ notice to any member
against whom charges may be filed, and after opportunity for hearing, remove
the member for inefficiency, neglect of duty or malfeasance in office.
[3:220:1949; 1943 NCL § 537.3]—(NRS A 1975, 580; 1977, 1248; 1983, 1919; 1985, 982; 1995, 306, 1696; 1997, 202; 2001, 1785; 2003, 1187)
NRS 623.070 Compensation of members and employees.
1. Each member of the Board is entitled to
receive from the money of the Board:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
3. The Secretary and Treasurer of the
Board is entitled to be paid a salary out of the money of the Board in an
amount to be determined by the Board.
[5:220:1949; 1943 NCL § 537.5]—(NRS A 1963, 145, 818;
1969, 91; 1975, 302; 1979, 1896; 1981, 759, 1991; 1983, 1919; 1989, 1693; 2007, 2939)
NRS 623.080 Oaths of members. The
members of the Board shall, within 30 days after appointment, take and
subscribe to the oath of office as prescribed by the laws of Nevada, and file
the same with the Secretary of State.
[6:220:1949; 1943 NCL § 537.6]
NRS 623.090 Offices.
1. The Board may provide its own quarters,
in which case it shall bear the expenses incident to their maintenance.
2. The Board may maintain offices in as
many localities in the State as it finds necessary to carry out the provisions
of this chapter.
[7:220:1949; 1943 NCL § 537.7]—(NRS A 1963, 145)
NRS 623.100 Appointment and terms of officers; quorum.
1. The Board shall appoint one of its
members as Chair, who shall serve without additional pay, and one of its
members as Secretary and Treasurer. The Chair and Secretary shall each serve 1
year.
2. Five members of the Board constitute a
quorum, but action shall not be deemed to have been taken upon any question
unless there are at least 4 votes in accord.
[8:220:1949; 1943 NCL § 537.8]—(NRS A 1963, 818;
1973, 1696; 1975, 581; 1979, 1896; 1985, 982; 1995, 306, 1697)
NRS 623.120 Seal. The Board
shall adopt an official seal.
[10:220:1949; 1943 NCL § 537.10]—(NRS A 1959, 491)
NRS 623.130 Secretary to keep record of proceedings of Board. The Secretary of the Board shall keep a true
and correct record of all proceedings of the Board.
[11:220:1949; 1943 NCL § 537.11]—(NRS A 1959, 491)
NRS 623.131 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, the records
of the Board which relate to an employee of the Board or an examination given by
the Board are confidential.
2. The records described in this section
may be disclosed, pursuant to procedures established by regulation of the
Board, to a court or an agency of the Federal Government, any state, any
political subdivision of this State or any other related professional board or
organization.
3. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written statement
to the Board requesting that such documents and information be made public
records.
4. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents
and information considered by the Board when determining whether to impose
discipline are public records.
5. The Board may report to other related
professional boards and organizations an applicant’s score on an examination
given by the Board.
6. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 1985, 1454; A 1995, 1697; 2003, 3419; 2005, 752; 2007, 2130)
NRS 623.133 Designation of Attorney General as legal adviser.
1. The Attorney General is hereby
designated as the legal adviser of the Board.
2. Nothing in this section shall be
construed so as to prevent the Board from employing legal counsel as provided
elsewhere in this chapter.
[38:220:1949; 1943 NCL § 537.38]—(NRS A 1959, 495)
NRS 623.135 Employment and compensation of employees. The Board may employ an Executive Director,
legal counsel, investigators, professional consultants and other employees
necessary to the discharge of its duties, and may fix the compensation
therefor.
(Added to NRS by 1959, 495; A 1963, 145; 1983, 1920; 1995, 1697)
NRS 623.140 Election of officers; regulations.
1. In November of each year, the Board
shall meet to organize and elect officers as provided in this chapter.
2. The Board shall:
(a) Adopt regulations governing the examination
of applicants for certificates to practice architecture, interior design or
residential design in this State.
(b) Adopt such other regulations as may be
necessary and proper, not inconsistent with this chapter.
[12:220:1949; 1943 NCL § 537.12]—(NRS A 1975, 581; 1983, 1920; 1997, 88)
NRS 623.145 Codes of ethics.
1. Subject to the limitations imposed by
subsections 2, 3 and 4, the Board shall adopt codes of ethics consistent with
the constitution and laws of this State binding upon persons registered
pursuant to the provisions of this chapter. Such codes of ethics must have as
their only purpose the maintenance of a high standard of integrity, dignity and
professional responsibility by members of the profession.
2. The Board shall prepare the code of
ethics for architects. Before the adoption of the code, a copy must be sent to
every registered architect in this State. Those architects may vote on each
item in the proposed code. The Board may adopt each item unless 25 percent or
more of the registered architects in this State vote against that item.
3. The Board shall prepare the code of
ethics for residential designers. Before the adoption of the code, a copy must
be sent to every registered residential designer in this State. Those
residential designers may vote on each item in the proposed code. The Board may
adopt each item unless 25 percent or more of the registered residential
designers in this State vote against that item.
4. The Board shall prepare the code of
ethics for registered interior designers. Before the adoption of the code, a
copy must be sent to each registered interior designer in this State. Those
registered interior designers may vote on each item in the proposed code. The
Board may adopt each item unless 25 percent or more of the registered interior
designers in this State vote against that item.
(Added to NRS by 1973, 1695; A 1975, 581; 1977, 319; 1995, 306, 1698)
NRS 623.150 Enforcement of chapter; expenses.
1. The Board shall be charged with the
duty of enforcing the provisions of this chapter.
2. The Board may incur such expense as
shall be necessary, but such expense shall not exceed the revenue derived from
the fees for examination, registration and other sources as provided in this
chapter.
[13:220:1949; 1943 NCL § 537.13]
NRS 623.152 Subpoenas. In
carrying out the provisions of this chapter the Board may subpoena the
attendance of witnesses or the production of books, papers and documents.
(Added to NRS by 1973, 1696; A 1981, 97)
NRS 623.153 Attendance of witnesses.
1. If any person refuses to obey a
subpoena issued by the Board, the Board may present a petition to the district
court of the county in which such person resides, setting forth the facts, and
thereupon the court, in a proper case, shall issue its subpoena to such person
requiring his or her attendance before the court to testify or to produce
books, papers and documents.
2. Any person failing or refusing to obey
the subpoena of a district court may be proceeded against in the same manner as
for a refusal to obey any other order of the court.
(Added to NRS by 1973, 1696)
NRS 623.155 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 144)
NRS 623.160 Receipt, deposit and withdrawal of fees. Except as otherwise provided in NRS 623.190, all fees provided for by the provisions
of this chapter must be paid to and receipted for by the Secretary of the
Board, who shall deposit the fees in banks or credit unions in the State of
Nevada or institutions in this State whose business is the making of
investments. Fees so deposited may be drawn against only for the purposes of
this chapter.
[14:220:1949; 1943 NCL § 537.14]—(NRS A 1963, 145; 1983, 1920; 1997, 220; 1999, 1527)
NRS 623.165 Claim for attorney’s fees and cost of investigation: Conditions;
procedure. If the Board deposits
the money collected from the imposition of fines in the State Treasury for the
credit of the State General Fund, it may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is
needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1985, 1454)
NRS 623.170 Payment of expenses of Board. All
expenses incurred by the Board must be paid on claims signed by:
1. Two members of the Board; or
2. The Executive Director and one other
member of the Board.
[15:220:1949; 1943 NCL § 537.15]—(NRS A 1963, 145; 1979, 1896; 1995, 1698)
REGISTRATION
NRS 623.180 Certificate: Issuance; expiration; prorated fees; synonymous
with registration; unauthorized use or display unlawful.
1. No person may practice:
(a) Architecture or use the title of architect;
(b) Residential design or use the title of residential
designer; or
(c) As a registered interior designer or use the
title of registered interior designer,
Ê in this
State without having a certificate of registration issued to him or her
pursuant to the provisions of this chapter.
2. Whenever the requirements for
registration pursuant to the provisions of this chapter have been fully
complied with and fulfilled by an applicant, the Board shall issue to the
successful applicant a certificate as a registered architect, registered
interior designer or residential designer. Each certificate of registration
issued by the Board expires on December 31 of each year. The Board shall, by
regulation, establish a schedule of prorated fees for a certificate of
registration that is issued for less than 1 year.
3. The certificate is synonymous with
registration with a serial number and seal. A person who is issued a
certificate may practice architecture or residential design or may practice as
a registered interior designer in this State, subject to the provisions of this
chapter and the regulations of the Board.
4. The unauthorized use or display of a
certificate of registration is unlawful.
[18:220:1949; 1943 NCL § 537.18]—(NRS A 1973, 1696;
1975, 582; 1981,
759; 1983,
1920; 1993,
2468; 1995,
1698; 1997,
202; 2001,
1786)
NRS 623.182 Temporary certificate of registration to practice architecture:
Application; conditions; limitations.
1. A person who is not registered to
practice architecture in this State may hold himself or herself out as an
architect for the purposes of presenting a proposal for professional services
or his or her qualifications as an architect in this State if the person:
(a) Is requested to do so by a client or a
prospective client in this State;
(b) Holds a certificate issued by the National
Council of Architectural Registration Boards; and
(c) Has been issued a temporary certificate of
registration.
2. Upon receiving from a client or
prospective client a request that he or she present a proposal for professional
services or his or her qualifications as an architect, a person who is not
registered to practice architecture in this State shall immediately send
written notification to the client or prospective client explaining that he or
she is not registered as an architect in this State and is unable to ensure
that the Board will issue to him or her a certificate of registration to
practice architecture in this State.
3. To apply for a temporary certificate of
registration, a person must submit to the Board:
(a) An application, in such form and content as
the Board may prescribe;
(b) A copy of a letter from the client or
prospective client requesting that the person present a proposal for
professional services or his or her qualifications as an architect;
(c) The fee for a temporary certificate of
registration required by the Board pursuant to NRS
623.310; and
(d) A copy of the written notification required
pursuant to subsection 2.
4. The Board may issue a temporary
certificate if at least one member of the Board approves the application for
that certificate.
5. The Board shall not issue more than three
temporary certificates of registration to the same person.
6. A temporary certificate of registration
expires 90 days after it has been issued.
(Added to NRS by 1993, 2467; A 1995, 1699)
NRS 623.185 Seal: Design; use; regulations; unlawful acts.
1. Upon being issued a certificate of
registration, each registered architect, registered interior designer or
residential designer shall obtain a seal of the design authorized by the Board,
bearing the architect’s, registered interior designer’s or residential
designer’s name, the number of the certificate of registration, and the legend
“Registered Architect,” “Registered Interior Designer” or “Residential
Designer.”
2. A plan, specification, report or other
document issued by a registered architect, registered interior designer or
residential designer for official use must be signed, sealed and dated by him
or her. The Board may adopt regulations specifying the manner in which a
registered architect, registered interior designer or residential designer may
electronically transmit such a plan, specification, report or other document.
3. It is unlawful for a person to stamp or
seal any plan, specification, report or other document with the seal after the
certificate of registration of the architect, registered interior designer or
residential designer, named therein, has expired or has been suspended or
revoked, unless the certificate has been renewed or reissued.
4. Any plan, drawing, specification or
other document prepared by a registered interior designer must contain a
statement that the plan, study, drawing, specification or other document was
prepared by a registered interior designer registered pursuant to the
provisions of this chapter.
(Added to NRS by 1959, 495; A 1963, 819; 1973, 1697;
1975, 582; 1979,
1896; 1983,
1920; 1995,
1699; 2001,
1786)
NRS 623.190 Certificate of registration to practice architecture or
residential design: Qualifications of applicants; standards for examination;
oath.
1. Any person who is at least 21 years of
age and of good moral character and who meets the requirements for education
and practical training established by the Board by regulation may apply to the
Board for registration pursuant to the provisions of this section as an
architect.
2. Each year of study, up to and including
5 years of study, satisfactorily completed in an architectural program
accredited by the National Architectural Accrediting Board, any program of
architecture in the State of Nevada or any architectural program approved by
the State Board of Architecture, Interior Design and Residential Design is
considered equivalent to 1 year of experience in architectural work for the
purpose of registration as an architect.
3. The Board shall, by regulation,
establish standards for examinations which must be consistent with standards
employed by other states. The Board may adopt the standards of the National
Council of Architectural Registration Boards, and the examination and grading
procedure of that organization, as they exist on the date of adoption.
Examinations may include tests in such technical and professional subjects as
are prescribed by the Board.
4. If the Board adopts the examination of
the National Council of Architectural Registration Boards, an applicant for
registration as an architect who wishes to:
(a) Take the examination must pay to the entity
which administers the examination the fee charged by that entity for taking the
examination and pay to the Board a processing fee as provided in NRS 623.310.
(b) Retake any part or parts of the examination
which the applicant previously failed must pay to the entity which administers
the examination the fee charged by that entity for retaking that part or parts.
5. Any person who is at least 21 years of
age and of good moral character and who has a total of 5 years of credit for
education or practical training, or a combination thereof which is acceptable
to the Board, may apply to the Board for registration as a residential
designer. The Board shall, by regulation, establish the amount of credit
allowed for education, practical training or a combination thereof.
6. The Board shall, by regulation, establish
the standards for the examination to qualify as a residential designer. The
examination must consist of at least the following subjects:
(a) Structural technology;
(b) Materials and methods of construction;
(c) Building systems and life safety; and
(d) Graphic design.
7. Before being issued a certificate of
registration to engage in the practice of architecture or residential design,
each applicant must personally appear before the Board to take an oath
prescribed by the Board.
8. Any application to the Board may be
denied for any violation of the provisions of this chapter.
[19:220:1949; 1943 NCL § 537.19]—(NRS A 1963, 819;
1973, 1697; 1975, 582; 1979, 1897; 1983, 1921; 1985, 1454; 1997, 221, 541; 2001, 1787; 2009, 298)
NRS 623.192 Certificate of registration to practice interior design:
Qualifications of applicants; accreditation of program of interior design;
standards for examination; oath.
1. An applicant for a certificate of
registration to practice as a registered interior designer must be of good
moral character and submit to the Board:
(a) An application on a form provided by the
Board;
(b) The fees required pursuant to NRS 623.310;
(c) Proof which is satisfactory to the Board that
the applicant has at least 2 years of experience in interior design;
(d) Proof which is satisfactory to the Board that
the applicant has:
(1) Successfully completed a program of
interior design accredited by the Council for Interior Design Accreditation or
any successor in interest to that organization;
(2) Successfully completed a substantially
equivalent program of interior design approved by the Board;
(3) Successfully completed a program of
interior design or architecture, other than a program described in subparagraph
(1), (2) or (4), which culminated in the award of a bachelor’s degree or higher
degree more than 5 years before the date of the application if the applicant
possesses a combination of education and experience in interior design deemed
suitable by the Board; or
(4) Received a degree from an
architectural program accredited by the National Architectural Accrediting
Board or its successor organization, if any;
(e) A certificate issued by the National Council
for Interior Design Qualification as proof that the applicant has passed the
examination prepared and administered by that organization; and
(f) All information required to complete the
application.
2. The Board shall, by regulation, adopt
the standards of the National Council for Interior Design Qualification for the
experience required pursuant to the provisions of paragraph (c) of subsection 1
as those standards exist on the date of the adoption of the regulation.
3. Before being issued a certificate of
registration to practice as a registered interior designer, each applicant must
personally appear before the Board to take an oath prescribed by the Board.
4. Any application submitted to the Board
may be denied for any violation of the provisions of this chapter, including,
without limitation, any violation that might reasonably call into question the
qualifications or experience of the applicant.
(Added to NRS by 1995, 1695; A 1997, 203, 207, 541, 2108, 2209; 2001, 1788; 2005, 572, 573, 2698, 2807; 2009, 299; 2013, 814)
NRS 623.200 Examination; limitation on registration.
1. Upon complying with the requirements
set forth in NRS 623.190, and before receiving a
certificate or being registered as an architect, the applicant must pass an
examination adopted or otherwise prescribed by the Board, unless the applicant
has applied for the certificate and registration without examination as
provided in this chapter.
2. Upon complying with the applicable
requirements of this chapter and passing the examination, an applicant is
entitled to be registered as a residential designer and receive a certificate
of registration. A person may not be simultaneously registered as an architect
and residential designer.
3. Upon complying with the requirements
set forth in NRS 623.192, and before receiving a
certificate or being registered as a registered interior designer, the
applicant must pass an examination in such technical and professional courses
as may be established by the Board.
4. The Board shall give or provide for
examinations at least once each year, unless no applications for examinations
are pending with the Board.
[20:220:1949; 1943 NCL § 537.20]—(NRS A 1975, 583; 1979, 1897; 1983, 1922; 1995, 1700; 1997, 222, 2109; 2005, 2699, 2807)
NRS 623.205 Reexamination. If
the applicant fails to pass a written examination, as provided in NRS 623.200, or any part thereof, the applicant may
retake the examination or the part or parts failed in a subsequent examination
upon the payment of the appropriate fees, as provided in NRS
623.190 or 623.310.
[32:220:1949; 1943 NCL § 537.32]—(NRS A 1959, 493;
1963, 821; 1973, 1699; 1997, 222)
NRS 623.210 Board authorized to accept registration in other jurisdiction in
lieu of examinations for certificate of registration to practice architecture
or residential design. The Board
may, in lieu of all examinations for a certificate of registration to practice
architecture or residential design, accept satisfactory evidence of
registration as an architect in another jurisdiction where the qualifications
required are equal to those required in this chapter at the date of
application. The Board may require, as satisfactory evidence of that
registration, a certificate of the National Council of Architectural
Registration Boards.
[21:220:1949; 1943 NCL § 537.21]—(NRS A 1959, 491;
1963, 820; 1973, 1698; 1983, 1922; 1995, 1700)
NRS 623.215 Board authorized to accept evidence of registration in other
jurisdiction as interior designer. The
Board may accept satisfactory evidence of registration as an interior designer
in another jurisdiction where the qualifications required are equal to those required
in paragraphs (c), (d) and (e) of subsection 1 of NRS
623.192 at the date of application. Before the Board may accept that
evidence, the applicant must pass the examination required pursuant to the
provisions of subsection 3 of NRS 623.200.
(Added to NRS by 2001, 1785; A 2005, 574, 2699)
NRS 623.220 Fee for registration; issuance of certificate.
1. The Board shall issue a certificate of
registration as an architect or a residential designer, upon payment of a
registration fee pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310,
to any applicant who:
(a) Complies with the provisions of NRS 623.190 and passes the examinations, or in lieu
thereof, brings himself or herself within the provisions of NRS 623.210; and
(b) Submits all information required to complete an
application for a certificate of registration.
2. The Board shall issue a certificate of
registration to practice as a registered interior designer, upon payment of a
registration fee pursuant to the provisions of NRS
623.180 or 623.310, to any applicant who:
(a) Complies with the provisions of NRS 623.192 and 623.200,
or in lieu thereof, brings himself or herself within the provisions of NRS 623.215; and
(b) Submits all information required to complete
an application for a certificate of registration.
3. Certificates of registration must
include the full name of the registrant, have a serial number and be signed by
the Chair and the Secretary of the Board under seal of the Board. The issuance
of a certificate of registration by the Board is evidence that the person named
therein is entitled to all the rights and privileges of an architect,
registered interior designer or residential designer while the certificate
remains unsuspended, unrevoked and unexpired.
[22:220:1949; 1943 NCL § 537.22]—(NRS A 1963, 820;
1975, 583; 1983,
1922; 1995,
1700; 1997,
203, 2109;
1999, 520; 2001, 1788; 2005, 2699, 2807)
NRS 623.225 Payment of child support: Submission of certain information by
applicant; grounds for denial of certificate; duty of Board. [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. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a
certificate of registration to practice architecture or residential design or
to practice as a registered interior designer shall include the social security
number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
certificate of registration to practice architecture or residential design or
to practice as a registered interior designer shall submit to the Board 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 Board 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 of registration; or
(b) A separate form prescribed by the Board.
3. A certificate of registration may not
be issued or renewed by the Board 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 Board
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 1997, 2107; A 2005, 2700, 2807)
NRS 623.225 Payment of child support:
Submission of certain information by applicant; grounds for denial of
certificate; duty of Board. [Effective on 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 and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
certificate of registration to practice architecture or residential design or
to practice as a registered interior designer shall submit to the Board 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 Board 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 of registration; or
(b) A separate form prescribed by the Board.
3. A certificate of registration may not
be issued or renewed by the Board 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 Board
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 1997, 2107; A 2005, 2700, 2807,
effective on 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 623.230 Official register of certificates of registration. The Secretary of the Board shall keep an
official register of all certificates of registration to practice:
1. Architecture or residential design; or
2. As a registered interior designer,
Ê issued and
renewed pursuant to the provisions of this chapter. The register must be
properly indexed and open for public inspection and information.
[23:220:1949; 1943 NCL § 537.23]—(NRS A 1959, 492;
1975, 583; 1995,
1700; 1997,
204)
NRS 623.250 Renewal of certificate: Issuance of card; fee.
1. Each architect, registered interior
designer or residential designer who wishes to renew a certificate of
registration issued pursuant to the provisions of this chapter must submit to
the Board:
(a) The fees required for renewal pursuant to the
provisions of this chapter;
(b) Proof of compliance with all of the
requirements established by the Board for continuing education for the renewal
of the certificate of registration; and
(c) All information required to complete the
renewal.
2. Upon receipt of the fees required for
renewal, proof satisfactory to the Board of compliance with all of the
requirements established by the Board for continuing education and all
information required to complete the renewal, the Secretary of the Board shall
execute and issue a certificate renewal card to the applicant, certifying that
the certificate of registration is renewed for 1 year after its date of
expiration. The certificate renewal card must bear a serial number and the
signature or a facsimile thereof of the Secretary of the Board or the Executive
Director and must bear the seal of the Board.
3. The renewal must be recorded, together
with its serial number, by the Secretary of the Board in the official register
of the Board pursuant to the provisions of NRS 623.230.
[25:220:1949; 1943 NCL § 537.25]—(NRS A 1959, 492;
1963, 820; 1975, 584; 1981, 759; 1983, 1923; 1995, 1701; 1997, 86, 204, 2110; 2001, 1789; 2005, 2701, 2807)
NRS 623.255 Renewal of certificate: Continuing education. The Board may, by regulation, require each
architect, registered interior designer or residential designer who holds a
certificate of registration pursuant to the provisions of this chapter to
complete not more than 12 hours per year of continuing education as a condition
to the renewal of the certificate.
(Added to NRS by 1997, 86; A 1997, 208, 1409; 1999, 400)
NRS 623.260 Renewal of certificate after expiration.
1. Except as otherwise provided in
subsection 2, any holder of a certificate of registration which has expired
through failure to be renewed may obtain a renewal of such certificate, at any
time within 1 year from the date of its expiration, upon application to and
with the approval of the Board. The time for renewal of such expired
certificate may be extended at the discretion of the Board.
2. The Board may, by regulation, provide
for the late renewal of a certificate of registration which has not been
renewed within 1 year after the date of its expiration.
[26:220:1949; 1943 NCL § 537.26]—(NRS A 1959, 492; 1993, 2469)
DISCIPLINARY ACTION
NRS 623.270 Grounds; conditions for probation; orders imposing discipline
deemed public records; private reprimands prohibited.
1. The Board may place the holder of any
certificate of registration issued pursuant to the provisions of this chapter
on probation, publicly reprimand the holder of the certificate, impose a fine
of not more than $10,000 against him or her, suspend or revoke his or her
license, impose the costs of investigation and prosecution upon him or her or take
any combination of these disciplinary actions for any of the following acts:
(a) The certificate was obtained by fraud or
concealment of a material fact.
(b) The holder of the certificate has been found
guilty by the Board or found guilty or guilty but mentally ill by a court of
justice of any fraud, deceit or concealment of a material fact in his or her
professional practice, or has been convicted by a court of justice of a crime
involving moral turpitude.
(c) The holder of the certificate has been found
guilty by the Board of incompetency, negligence or gross negligence in:
(1) The practice of architecture or
residential design; or
(2) His or her practice as a registered
interior designer.
(d) The holder of a certificate has affixed his
or her signature or seal to plans, drawings, specifications or other
instruments of service which have not been prepared by the holder of the
certificate or in his or her office, or under his or her responsible control,
or has permitted the use of his or her name to assist any person who is not a
registered architect, registered interior designer or residential designer to
evade any provision of this chapter.
(e) The holder of a certificate has aided or
abetted any unauthorized person to practice:
(1) Architecture or residential design; or
(2) As a registered interior designer.
(f) The holder of the certificate has violated
any law, regulation or code of ethics pertaining to:
(1) The practice of architecture or
residential design; or
(2) Practice as a registered interior
designer.
(g) The holder of a certificate has failed to
comply with an order issued by the Board or has failed to cooperate with an
investigation conducted by the Board.
2. The conditions for probation imposed
pursuant to the provisions of subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional
practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to each person who
suffered harm or loss.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. The Board shall not privately reprimand
the holder of any certificate of registration issued pursuant to this chapter.
5. As used in this section:
(a) “Gross negligence” means conduct which
demonstrates a reckless disregard of the consequences affecting the life or
property of another person.
(b) “Incompetency” means conduct which, in:
(1) The practice of architecture or
residential design; or
(2) Practice as a registered interior
designer,
Ê demonstrates
a significant lack of ability, knowledge or fitness to discharge a professional
obligation.
(c) “Negligence” means a deviation from the
normal standard of professional care exercised generally by other members in:
(1) The profession of architecture or
residential design; or
(2) Practice as a registered interior
designer.
[27:220:1949; 1943 NCL § 537.27]—(NRS A 1959, 492;
1963, 821; 1973, 1698; 1975, 584; 1979, 1897; 1983, 1923; 1985, 1455; 1993, 883, 2469; 1995, 1701; 1997, 204; 2001, 1789; 2003, 3419; 2005, 752; 2007, 1468)
NRS 623.285 Suspension of certificate for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of certificate.
[Effective until 2 years after 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 Board 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 a person who is the
holder of a certificate of registration to practice architecture or residential
design or to practice as a registered interior designer, the Board shall deem
the certificate of registration issued to that person to be suspended at the
end of the 30th day after the date on which the court order was issued unless
the Board receives a letter issued to the holder of the certificate of
registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate of registration has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a certificate
of registration to practice architecture or residential design or to practice
as a registered interior designer that has been suspended by a district court
pursuant to NRS 425.540 if the Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose certificate of registration was suspended stating that the person whose
certificate of registration was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2108; A 2005, 2807)
NRS 623.290 Entry and notice of penalty. If
the registration of an architect, registered interior designer or residential
designer is suspended or revoked, or he or she is given a written reprimand,
notation of the penalty must be entered in the register of architects, register
of registered interior designers or register of residential designers and in
his or her personnel file. Notification of the suspension, revocation or
written reprimand must be sent to the National Council of Architectural
Registration Boards or the National Council for Interior Design Qualification,
as appropriate.
[29:220:1949; 1943 NCL § 537.29]—(NRS A 1959, 493;
1973, 1699; 1975, 584; 1979, 1898; 1995, 1702; 2005, 754)
NRS 623.300 Application for reinstatement of certificate after revocation. If the Board revokes a certificate of
registration, the person whose certificate has been revoked may apply for
reinstatement of the certificate pursuant to the provisions of chapter 622A of NRS.
[30:220:1949; 1943 NCL § 537.30]—(NRS A 1993, 2470; 2005, 754)
FEES
NRS 623.310 Fees. The Board
shall, by regulation, adopt a fee schedule which may not exceed the following:
For an examination
for a certificate........................................................... $800.00
For rewriting an
examination or a part or parts failed............................... 800.00
For a processing fee
for an examination for registration as an architect.. 50.00
For a certificate of
registration....................................................................... 125.00
For a temporary
certificate of registration................................................... 500.00
For initial
registration or renewal of registration.......................................... 300.00
For the late renewal
of an expired certificate within 1 year after its expiration 220.00
For the late renewal
of a certificate which has been expired for more than 1 year but not more than
3 years 300.00
For the reinstatement
of a revoked certificate............................................ 500.00
For change of address........................................................................................... 5.00
For replacement of a
certificate....................................................................... 30.00
For application forms......................................................................................... 25.00
For photostatic
copies, each sheet...................................................................... 0.25
[31:220:1949; 1943 NCL § 537.31]—(NRS A 1959, 493;
1963, 821; 1973, 1699; 1979, 1898; 1981, 760; 1983, 1924; 1985, 1456; 1993, 2470; 1997, 222; 2005, 754)
MISCELLANEOUS PROVISIONS
NRS 623.325 Written contracts for professional services required;
exceptions.
1. Except as otherwise provided in this
section, an architect, registered interior designer or residential designer
shall execute a written contract with a client before providing professional
services to the client.
2. A contract created pursuant to
subsection 1 must contain, but is not limited to, the following:
(a) A description of the services to be provided
to the client by the architect, registered interior designer or residential
designer;
(b) A description of the basis for compensation
and the method of payment;
(c) The name, address and certificate number of
the architect, registered interior designer or residential designer and the
name and address of the client;
(d) A description of the procedure that the
architect, registered interior designer or residential designer and the client
will use to accommodate additional services;
(e) A statement identifying the ownership or
reuse of documents prepared by the architect, registered interior designer or
residential designer; and
(f) A description of the procedure to be used by
either party to terminate the contract.
3. An architect, registered interior
designer or residential designer may provide professional services to a client
before the execution of a written contract only if the client agrees in writing
that a written contract is not needed before work begins.
4. A contract created pursuant to
subsection 1 is not required for professional services rendered by an
architect, registered interior designer or residential designer:
(a) For which the client will not pay
compensation;
(b) When, after full disclosure of the
requirements of this section, the client agrees in writing that a contract
meeting the requirements of subsection 1 is not required; or
(c) To a person who holds a certificate of
registration as a landscape architect pursuant to chapter 623A of NRS or a person who is
licensed as a professional engineer pursuant to chapter
625 of NRS.
(Added to NRS by 2009, 291)
NRS 623.330 Exemptions; civil and criminal liability.
1. The following persons are exempt from
the provisions of this chapter:
(a) A person engaging in architectural work as an
employee of a registered architect or residential designer, if the work does
not include responsible charge of design or supervision, or a consultant
retained by a registered architect or residential designer.
(b) A person hired by the Federal Government to
practice architecture on federal land.
(c) A professional engineer licensed pursuant to
the provisions of chapter 625 of NRS who
designs buildings as permitted by chapter 625
of NRS.
(d) A contractor licensed pursuant to the
provisions of chapter 624 of NRS who provides
his or her own drawings for his or her own construction activities.
(e) Any person who prepares plans, drawings or
specifications for:
(1) Buildings for his or her own private
residential use;
(2) Farm or ranch buildings used as such;
or
(3) Buildings owned by that person or his
or her employer when an architect, a registered interior designer, a
residential designer or a licensed professional engineer is also engaged by
that person or his or her employer for work on the same building.
(f) A person engaging in work related to interior
design as an employee of a registered interior designer, if the work does not
include responsible charge of interior design or supervision, or a consultant
retained by a registered interior designer.
(g) Any person who prepares drawings of the
layout of materials or furnishings used in interior design or provides
assistance in the selection of materials or furnishings used in interior
design, including, without limitation:
(1) Decorative accessories;
(2) Wallpaper, wallcoverings or paint;
(3) Linoleum, tile, carpeting or floor
coverings;
(4) Draperies, blinds or window coverings;
(5) Lighting fixtures which are not part
of a structure;
(6) Plumbing fixtures which are not a part
of a structure; and
(7) Furniture or equipment,
Ê if the
preparation or implementation of those drawings or the installation of those
materials or furnishings is not regulated by any building code or other law,
ordinance, rule or regulation governing the alteration or construction of a
structure.
(h) Any person who holds a certificate of registration
issued by the State Fire Marshal to provide approved interior materials and
furnishings used in interior design to the extent authorized by the
certificate.
2. Any person exempted by the provisions
of this section is not thereby absolved from any civil or criminal liability
that might otherwise accrue.
3. The exemptions provided by this section
do not entitle any person who does not hold a certificate of registration to
hold himself or herself out to the public or advertise himself or herself as an
architect, registered interior designer or residential designer.
[33:220:1949; 1943 NCL § 537.33]—(NRS A 1959, 494;
1963, 821; 1973, 1699; 1975, 585; 1979, 1898; 1983, 1924; 1993, 2471; 1995, 1702; 1997, 1035; 1999, 2548)
NRS 623.333 Architect or residential designer not required to obtain
certificate of registration to practice as registered interior designer.
1. An architect who is registered pursuant
to the provisions of this chapter is not required to obtain a certificate of
registration to practice as a registered interior designer.
2. A residential designer who is
registered pursuant to the provisions of this chapter is not required to obtain
a certificate of registration to practice as a registered interior designer
while engaged in the practice of residential design.
(Added to NRS by 1995, 1694; A 1997, 206; 2001, 1790)
NRS 623.335 Immunity from civil liability for furnishing information to
Board or otherwise assisting in investigation or prosecution. In addition to any other immunity provided by
the provisions of chapter 622A of NRS:
1. Any person who furnishes information
concerning an applicant for registration or a holder of a certificate of
registration in good faith and without malicious intent is immune from any
civil action for furnishing that information.
2. The Board, any member, employee or
committee of the Board, counsel, investigator, expert, hearing officer,
registrant or other person who assists the Board in the investigation or
prosecution of an alleged violation of a provision of this chapter, a
proceeding concerning licensure or reissuance of a license or a criminal
prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith
and without malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning an
applicant for registration or a registrant to any other licensing board,
national association of registered boards, an agency of the Federal Government
or of the State, the Attorney General or any law enforcement agency.
(Added to NRS by 1995, 1695; A 2005, 754)
NRS 623.349 Formation of business organizations or associations with persons
outside of field of practice or with unregistered or unlicensed persons:
Conditions; limitations.
1. Architects, registered interior
designers, residential designers, professional engineers and landscape
architects may join or form a partnership, corporation, limited-liability
company or other business organization or association with registrants and
licensees outside of their field of practice, or with persons who are not
registered or licensed, if control and two-thirds ownership of the business
organization or association is held by persons registered or licensed in this
State pursuant to the applicable provisions of this chapter, chapter 623A or 625
of NRS.
2. If a partnership, corporation,
limited-liability company or other form of business organization or association
wishes to practice pursuant to the provisions of this section, it must:
(a) Demonstrate to the Board that it is in
compliance with all provisions of this section.
(b) Pay the fee for a certificate of registration
pursuant to NRS 623.310.
(c) Qualify to do business in this State.
(d) If it is a corporation, register with the
Board and furnish to the Board a complete list of all stockholders when it
first files with the Board and annually thereafter within 30 days after the
annual meeting of the stockholders of the corporation, showing the number of
shares held by each stockholder.
(e) If it is a partnership, limited-liability
company or other form of business organization or association, register with
the Board and furnish to the Board such information analogous to that required
by paragraph (d) as the Board may prescribe by regulation.
3. A partnership, corporation,
limited-liability company or other form of business organization or association
practicing under the provisions of this section may not perform, promote or
advertise the services of a registrant or licensee unless that registrant or
licensee is an owner of the business organization or association.
4. As used in this section, “control”
means the direct or indirect possession of the power to direct or cause the
direction of the management and policies of a business organization or
association.
(Added to NRS by 1997, 1406)
NRS 623.350 Business organization or association engaged in practice of
architecture or residential design, or practice as registered interior
designer: Responsible control of work by architect, registered interior
designer or residential designer; exception; violation of provisions of
chapter.
1. Each office or place of business in
this State of any partnership, corporation, limited-liability company or other
business organization or association that engages in the practice of
architecture or residential design, or practice as a registered interior
designer, including, without limitation, any business organization or association
practicing pursuant to the provisions of NRS 623.349,
must have an architect, registered interior designer or residential designer
who is a resident of this State and holds a certificate of registration issued
pursuant to this chapter regularly working in the office or place of business
and having responsible control for the architectural work or work relating to
engaging in practice as a registered interior designer conducted in the office
or place of business. The provisions of this subsection do not apply to
partnerships, corporations, limited-liability companies or other business
organizations or associations that engage in the practice of architecture or
residential design or practice as a registered interior designer at offices
established for construction administration.
2. A registrant or licensee practicing in
a business organization or association which holds a certificate issued
pursuant to NRS 623.349 remains subject to NRS 89.220.
3. If a person who is not registered or
licensed, or a registrant or licensee who is not an owner, and who is employed
by or affiliated with a business organization or association which holds a
certificate issued pursuant to NRS 623.349 is found
by the Board to have violated a provision of this chapter or a regulation of
the Board, the Board may hold the business organization or association and the
registrants and licensees who are owners responsible for the violation.
[35:220:1949; 1943 NCL § 537.35]—(NRS A 1969, 706;
1975, 354; 1979,
1899; 1985,
585, 983;
1993, 2471;
1995, 1703;
1997, 1036,
1407; 2001, 1790; 2009, 300)
NRS 623.353 Residential designer under responsible control of registered
architect. A residential designer
shall not engage in rendering services for any building or structure not
specified in NRS 623.025 unless the residential
designer does so under the responsible control of a registered architect. In
such cases, the architect is the sole contracting party, has full
responsibility for the work performed by the residential designer, shall
supervise any work performed by the residential designer and shall file the
agreement between the residential designer and the architect with the Secretary
of the Board within 10 days after the execution of the agreement.
(Added to NRS by 1975, 579; A 1993, 2471; 2001, 1791)
NRS 623.354 Registered interior designers authorized to collaborate with
members of certain professions; limitations. A
registered interior designer may collaborate in the completion of a project for
the alteration or construction of an interior area of a structure designed for
human habitation or occupancy with members of not more than two of the
following professions or disciplines of professional engineering:
1. Architecture, as that profession is
regulated pursuant to the provisions of chapter 623 of
NRS;
2. Electrical engineering, as that
discipline is regulated pursuant to the provisions of chapter 625 of NRS;
3. Mechanical engineering, as that
discipline is regulated pursuant to the provisions of chapter 625 of NRS; and
4. Structural engineering, as that
discipline is regulated pursuant to the provisions of chapter 625 of NRS.
(Added to NRS by 1995, 1694)
NRS 623.357 Allegation and proof of registered status in action for
compensation. No person, firm,
copartnership, association or other organization may bring or maintain any
action in the courts of this State for the collection of compensation for the
performance of any act or contract for which registration is required by this
chapter without alleging and proving that such plaintiff was duly registered
under this chapter at all times during the performance of such act or contract.
(Added to NRS by 1975, 580)
NRS 623.358 Granting of title as emeriti: Requirements; use; prohibitions;
return to active practice.
1. The Board may grant the title of
“Architect Emeritus,” “Registered Interior Designer Emeritus” or “Residential Designer
Emeritus” to an architect, registered interior designer or residential designer
upon his or her written request if the architect, registered interior designer
or residential designer:
(a) Is registered pursuant to this chapter;
(b) Is in good standing with the Board;
(c) Has been registered pursuant to this chapter
for not less than 5 years immediately preceding the written request;
(d) Has been a resident of this State during the
time he or she was registered pursuant to this chapter; and
(e) Is at least 60 years of age.
2. A person whose written request is
granted pursuant to this section may use the title so granted by the Board:
(a) Only upon the expiration of his or her
certificate of registration, and only during such time as he or she is not
registered pursuant to this chapter.
(b) Following his or her name, including, without
limitation, on any plaque, sign or letterhead.
3. A person using a title granted by the
Board pursuant to this section shall not:
(a) Practice in this State as an architect,
registered interior designer or residential designer; or
(b) Indicate that he or she is authorized to
practice in this State as an architect, registered interior designer or
residential designer.
4. A person whose certificate of registration
has expired and who is using a title granted by the Board pursuant to this
section may return to active practice by complying with the provisions for
renewal or restoration of an expired certificate of registration pursuant to NRS 623.260.
(Added to NRS by 2009, 46)
PROHIBITED ACTS; ENFORCEMENT; PENALTIES
NRS 623.360 Prohibited acts; penalties; injunctive relief.
1. It is unlawful for any person to:
(a) Hold himself or herself out to the public or
to solicit business as an architect, registered interior designer or
residential designer in this State without having a certificate of registration
or temporary certificate issued by the Board. This paragraph does not prohibit
a person who is exempt, pursuant to NRS 623.330,
from the provisions of this chapter from holding himself or herself out to the
public or soliciting business as an interior designer.
(b) Advertise or put out any sign, card or other
device which indicates to the public that he or she is an architect, registered
interior designer or residential designer or that he or she is otherwise
qualified to:
(1) Engage in the practice of architecture
or residential design; or
(2) Practice as a registered interior
designer,
Ê without
having a certificate of registration issued by the Board.
(c) Engage in the practice of architecture or
residential design or practice as a registered interior designer without a
certificate of registration issued by the Board.
(d) Violate any other provision of this chapter.
2. Any person who violates any of the
provisions of subsection 1:
(a) For the first violation, is guilty of a
misdemeanor and shall be punished by a fine of not less than $500 nor more than
$1,000, and may be further punished by imprisonment in the county jail for not
more than 6 months.
(b) For the second or any subsequent violation,
is guilty of a gross misdemeanor and shall be punished by a fine of not less
than $1,000 nor more than $2,000, and may be further punished by imprisonment
in the county jail for not more than 364 days.
3. If any person has engaged or is about
to engage in any acts or practices which constitute or will constitute an
offense against this chapter, the district court of any county, on application
of the Board, may issue an injunction or other appropriate order restraining
such conduct. Proceedings pursuant to this subsection are governed by Rule 65 of the Nevada Rules of
Civil Procedure, except that no bond or undertaking is required in any action
commenced by the Board.
[36:220:1949; 1943 NCL § 537.36]—(NRS A 1959, 494;
1967, 639; 1973, 1699; 1975, 353; 1979, 1489, 1899; 1993, 2472; 1995, 1704; 1997, 206; 2013, 990)
NRS 623.365 Civil penalty. In
addition to any other civil penalty provided by law, a person who violates any
provision of this chapter or any regulation adopted by the Board is subject to
a civil penalty of not more than $10,000 for each violation. Any such penalty
must be imposed by the Board:
1. If the person holds a certificate
issued pursuant to the provisions of this chapter, at a hearing conducted
pursuant to the provisions of chapter 622A
of NRS.
2. If the person does not hold a
certificate issued pursuant to the provisions of this chapter, at a hearing for
which written notice has been given not less than 30 days before the hearing.
(Added to NRS by 1995, 1695; A 1997, 88; 2005, 755; 2009, 301)
NRS 623.370 District attorney to prosecute violations. The district attorney in each county shall
prosecute by court action all cases of violation of any of the provisions of
this chapter occurring in his or her jurisdiction as may be presented for such
court action by the Board.
[37:220:1949; 1943 NCL § 537.37]
