Nrs: Chapter 623 - Architecture, Interior Design And Residential Design

Link to law: https://www.leg.state.nv.us/NRS/NRS-623.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
[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]