[Rev. 11/21/2013 12:58:18
PM--2013]
CHAPTER 645D - INSPECTORS OF STRUCTURES
AND ENERGY AUDITORS
GENERAL PROVISIONS
NRS 645D.010 Definitions.
NRS 645D.020 “Administrator”
defined.
NRS 645D.030 “Certificate”
defined.
NRS 645D.040 “Certified
inspector” defined.
NRS 645D.050 “Division”
defined.
NRS 645D.053 “Energy
audit” defined.
NRS 645D.057 “Energy
auditor” defined.
NRS 645D.060 “Inspection”
defined.
NRS 645D.070 “Inspection
report” defined.
NRS 645D.080 “Inspector”
defined.
NRS 645D.090 “License”
defined.
NRS 645D.100 Applicability
of chapter.
ADMINISTRATION
NRS 645D.110 Duty
of Division; restrictions.
NRS 645D.120 Adoption
of regulations.
NRS 645D.125 Authority
for Division to conduct business electronically; regulations; fees; use of
unsworn declaration; exclusions.
NRS 645D.130 Records:
Maintenance by Division; general provisions governing public inspection and
confidentiality.
NRS 645D.135 Records:
Certain records relating to investigation deemed confidential; certain records
relating to disciplinary action deemed public records.
NRS 645D.140 Disposition
of money received by Division; financial support of Division.
NRS 645D.150 Duties
of Attorney General.
CERTIFICATES AND LICENSES
NRS 645D.160 Certificate
or license required; penalty; prosecution of violation.
NRS 645D.170 Application
for certificate or license: Form and contents.
NRS 645D.180 Submission
of fees and fingerprints with application; investigation of applicant’s
background.
NRS 645D.190 Submission
of proof of insurance with application; maintenance of policy of insurance.
NRS 645D.195 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Administrator. [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 645D.195 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Administrator. [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 645D.200 Qualifications
for issuance and grounds for denial of certificate.
NRS 645D.205 Qualifications
for issuance and grounds for denial of license.
NRS 645D.210 Notification
of denial of application; leave to file another application; procedure for
appeal of denial.
NRS 645D.220 Invalidation
and surrender of certificate or license issued in error; notice; request for
hearing.
NRS 645D.230 Form,
size and contents of certificate or license; expiration and renewal; additional
fee for electronic renewal.
NRS 645D.235 Requirement
to report conviction to Division.
NRS 645D.240 Fees.
ENERGY AUDITS
NRS 645D.300 Procedure;
report; duties of energy auditor; limited energy audit or energy assessment.
ENFORCEMENT
NRS 645D.690 Disciplinary
proceedings, fines and penalties not affected by expiration, revocation or
voluntary surrender of certificate or license.
NRS 645D.700 Grounds
for disciplinary action; authorized disciplinary action; limitations on
reissuance of certificate or license after revocation; orders imposing
discipline deemed public records.
NRS 645D.703 Disciplinary
action for failure to pay money to Division.
NRS 645D.705 Suspension
of certificate or license for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of certificate or license.
[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 645D.710 Unprofessional
conduct of certified inspector.
NRS 645D.720 Injunctions.
NRS 645D.730 Administrative
fine for engaging in certain conduct without certificate, license or other
authorization; procedure for imposition of fine; judicial review; exceptions.
UNLAWFUL ACTS
NRS 645D.900 Penalties.
_________
_________
GENERAL PROVISIONS
NRS 645D.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 645D.020 to 645D.090, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1792; A 2011, 1948)
NRS 645D.020 “Administrator” defined. “Administrator”
means the Real Estate Administrator.
(Added to NRS by 1997, 1792)
NRS 645D.030 “Certificate” defined. “Certificate”
means a certificate issued to an inspector pursuant to this chapter.
(Added to NRS by 1997, 1792)
NRS 645D.040 “Certified inspector” defined. “Certified
inspector” means an inspector to whom a certificate has been issued pursuant to
this chapter.
(Added to NRS by 1997, 1792)
NRS 645D.050 “Division” defined. “Division”
means the Real Estate Division of the Department of Business and Industry.
(Added to NRS by 1997, 1792)
NRS 645D.053 “Energy audit” defined. “Energy
audit” means a consultation to improve the energy efficiency of a home
conducted pursuant to NRS 645D.300.
(Added to NRS by 2011, 1945)
NRS 645D.057 “Energy auditor” defined. “Energy
auditor” means a person who is licensed pursuant to this chapter, or regulated
by the Public Utilities Commission of Nevada, to conduct energy audits of
homes.
(Added to NRS by 2011, 1945)
NRS 645D.060 “Inspection” defined. “Inspection”
means a physical examination of the mechanical, electrical or plumbing systems
of a structure or of the structural components of a structure. The term
includes any consultation regarding a structure that is represented to be a
certified inspection or any other title, word or other designation intended to
imply or designate that the consultation is a certified inspection.
(Added to NRS by 1997, 1792)
NRS 645D.070 “Inspection report” defined. “Inspection
report” means an analysis, opinion or conclusion, regarding the condition of a
structure, that is:
1. Provided after an inspection, in a
written report, for or with the expectation of receiving compensation for the
report; and
2. Designed to describe and identify the
inspected systems or structural components of the structure, their physical
condition, any material defect and any recommendation for evaluation by another
person.
(Added to NRS by 1997, 1792)
NRS 645D.080 “Inspector” defined. “Inspector”
means a person who examines any component of a structure and prepares or
communicates an inspection report. The term does not include any person who
merely relays an inspection report on behalf of the person who prepares it.
(Added to NRS by 1997, 1792)
NRS 645D.090 “License” defined. “License”
means a license issued to an energy auditor pursuant to this chapter.
(Added to NRS by 2011, 1945)
NRS 645D.100 Applicability of chapter. The
provisions of this chapter do not apply to:
1. A federal or state employee, or an
employee of a local government, who prepares or communicates an inspection
report or energy audit as part of his or her official duties, unless a
certificate or license is required as a condition of his or her employment.
2. A person appointed to evaluate real
estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the
appointing judge.
3. A board of appraisers acting pursuant
to NRS 269.135.
4. A person licensed, certified or
registered pursuant to chapter 645, 645C or 684A
of NRS while performing an act within the scope of his or her license,
certification or registration. For the purposes of this subsection, a person
licensed, certified or registered pursuant to chapter
645C of NRS shall be deemed to be acting within the scope of his or her
license, certification or registration while performing an appraisal prescribed
by federal law that requires a statement of visual condition and while
preparing or communicating a report of such an appraisal.
5. A person who makes an evaluation of an
improvement as an incidental part of his or her employment for which special
compensation is not provided, if that evaluation is only provided to his or her
employer for internal use within the place of employment.
6. A person who provides an estimate of
cost, repair or replacement of any improvements upon real estate.
7. Any person who reviews plans, performs
inspections, prepares inspection reports or examines any component of a
structure or construction pursuant to NRS
278.570 or 278.575.
8. An independent registered architect or
a licensed professional engineer while performing an inspection pursuant to NRS 116.4106.
(Added to NRS by 1997, 1792; A 2001, 4, 1253; 2005, 2633; 2011, 1948)
ADMINISTRATION
NRS 645D.110 Duty of Division; restrictions.
1. The Division shall administer the
provisions of this chapter and may employ legal counsel, investigators and
other professional consultants necessary to discharge its duties pursuant to
this chapter.
2. An employee of the Division shall not:
(a) Be employed by or have an interest in any
business that prepares inspection reports or energy audits;
(b) Act as an inspector or as an agent for an
inspector; or
(c) Act as an energy auditor or as an agent for
an energy auditor.
(Added to NRS by 1997, 1793; A 2011, 1949)
NRS 645D.120 Adoption of regulations. The
Division shall adopt:
1. Regulations prescribing the education
and experience required to obtain a certificate.
2. Regulations prescribing a standard of
practice and code of ethics for certified inspectors. Such regulations must
establish a degree of care that must be exercised by a reasonably prudent
certified inspector.
3. Regulations prescribing the education
and experience required to obtain a license.
4. Such other regulations as are necessary
for the administration of this chapter.
(Added to NRS by 1997, 1793; A 2011, 1949)
NRS 645D.125 Authority for Division to conduct business electronically;
regulations; fees; use of unsworn declaration; exclusions.
1. The Administrator may adopt regulations
which establish procedures for the Division to conduct business electronically
pursuant to title 59 of NRS with persons who are regulated pursuant to this
chapter and with any other persons with whom the Division conducts business.
The regulations may include, without limitation, the establishment of fees to
pay the costs of conducting business electronically with the Division.
2. In addition to the process authorized
by NRS 719.280, if the Division is
conducting business electronically with a person and a law requires a signature
or record to be notarized, acknowledged, verified or made under oath, the
Division may allow the person to substitute a declaration that complies with
the provisions of NRS 53.045 or 53.250 to 53.390, inclusive, to satisfy the legal
requirement.
3. The Division may refuse to conduct
business electronically with a person who has failed to pay money which the
person owes to the Division.
(Added to NRS by 2003, 1299; A 2011, 18)
NRS 645D.130 Records: Maintenance by Division; general provisions governing
public inspection and confidentiality.
1. The Division shall maintain a record
of:
(a) Persons from whom it receives applications
for a certificate or license;
(b) Investigations conducted by it that result in
the initiation of formal disciplinary proceedings;
(c) Formal disciplinary proceedings; and
(d) Rulings or decisions upon complaints filed
with it.
2. Except as otherwise provided in this
section and NRS 645D.135, records kept in the
office of the Division pursuant to this chapter are open to the public for
inspection pursuant to regulations adopted by the Division. The Division shall
keep confidential, except as otherwise provided in NRS 239.0115 or unless otherwise ordered
by a court, the criminal and financial records of an inspector, energy auditor
or of an applicant for a certificate or license.
(Added to NRS by 1997, 1793; A 2003, 3472; 2007, 2148; 2011, 1949)
NRS 645D.135 Records: Certain records relating to investigation deemed
confidential; certain records relating to disciplinary action deemed public
records.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Division, 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
are confidential and may be disclosed in whole or in part only as necessary in
the course of administering this chapter or to a licensing board or agency or
any other governmental agency, including, without limitation, a law enforcement
agency, that is investigating a person who holds a certificate or license
issued pursuant to this chapter.
2. The complaint or other document filed
by the Division to initiate disciplinary action and all documents and
information considered by the Division when determining whether to impose
discipline are public records.
(Added to NRS by 2003, 3471; A 2007, 1546, 2148; 2011, 1950)
NRS 645D.140 Disposition of money received by Division; financial support of
Division.
1. All fees, penalties and other charges
received by the Division pursuant to this chapter must be deposited with the
State Treasurer for credit to the State General Fund.
2. Money for the support of the Division
in carrying out the provisions of this chapter must be provided by direct
legislative appropriation and be paid out on claims as other claims against the
State are paid.
(Added to NRS by 1997, 1793)
NRS 645D.150 Duties of Attorney General.
1. The Attorney General shall render to
the Division opinions upon questions of law relating to the construction or
interpretation of this chapter, or arising in the administration thereof,
submitted to the Attorney General by the Division.
2. The Attorney General shall act as the
attorney for the Division in all actions and proceedings brought against or by
the Division pursuant to any of the provisions of this chapter.
(Added to NRS by 1997, 1794)
CERTIFICATES AND LICENSES
NRS 645D.160 Certificate or license required; penalty; prosecution of
violation.
1. Any person who, in this state, engages
in the business of, acts in the capacity of, or advertises or assumes to act as
an inspector without first obtaining a certificate pursuant to this chapter is
guilty of a misdemeanor.
2. Any person who, in this state, engages
in the business of, acts in the capacity of, or advertises or assumes to act as
an energy auditor without first obtaining a license pursuant to this chapter is
guilty of a misdemeanor.
3. The Division may file a complaint in
any court of competent jurisdiction for a violation of this section and assist
in presenting the law or facts at any hearing upon the complaint.
4. At the request of the Administrator,
the Attorney General shall prosecute such a violation. Unless the violation is
prosecuted by the Attorney General, the district attorney shall prosecute a
violation that occurs in the county of the district attorney.
(Added to NRS by 1997, 1794; A 2011, 1950)
NRS 645D.170 Application for certificate or license: Form and contents. An application for a certificate or license
must be in writing upon a form prepared and furnished by the Division. The
application must include the following information:
1. The name, age and address of the
applicant.
2. The place or places, including the
street number, city and county, at which the applicant intends to maintain an
office to conduct business as an inspector or energy auditor.
3. The business, occupation or other employment
of the applicant during the 5 years immediately preceding the date of the
application, and the location thereof.
4. The applicant’s education and
experience to qualify for a certificate or license.
5. Whether the applicant has ever been
convicted of, is under indictment for, or has entered a plea of guilty, guilty
but mentally ill or nolo contendere to:
(a) A felony and, if so, the nature of the
felony.
(b) Forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude.
6. If the applicant is a member of a
partnership or association or is an officer of a corporation, the name and
address of the principal office of the partnership, association or corporation.
7. Any other information relating to the
qualifications or background of the applicant that the Division requires.
8. All other information required to
complete the application.
(Added to NRS by 1997, 1794; A 1999, 1220; 2005, 2789, 2808; 2007, 1478; 2011, 1950)
NRS 645D.180 Submission of fees and fingerprints with application;
investigation of applicant’s background.
1. Each application for a certificate or
license must be accompanied by the fee for the certificate or license and the
fee to pay the costs of an investigation of the applicant’s background.
2. Each applicant must, as part of the
application and at his or her own expense:
(a) Arrange to have a complete set of
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Division; and
(b) Submit to the Division:
(1) A completed fingerprint card and
written permission authorizing the Division to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report on the
applicant’s background and to such other law enforcement agencies as the
Division deems necessary; or
(2) Written verification, on a form
prescribed by the Division, stating that the fingerprints of the applicant were
taken and directly forwarded electronically or by another means to the Central
Repository and that the applicant has given written permission to the law
enforcement agency or other authorized entity taking the fingerprints to submit
the fingerprints to the Central Repository for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to such other
law enforcement agencies as the Division deems necessary.
3. The Division may:
(a) Require more than one complete set of
fingerprints;
(b) Unless the applicant’s fingerprints are
directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection
2, submit those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement agencies as
the Division deems necessary; and
(c) Request from each such agency any information
regarding the applicant’s background that the Division deems necessary.
(Added to NRS by 1997, 1794; A 2003, 1300, 2864; 2005, 1296; 2011, 1951)
NRS 645D.190 Submission of proof of insurance with application; maintenance
of policy of insurance.
1. The Administrator shall require each
applicant for an original certificate or license and each applicant for renewal
of a certificate or license to submit proof that the applicant or his or her
employer holds a policy of insurance covering:
(a) Liability for errors or omissions in an
amount of not less than $100,000; and
(b) General liability in an amount of not less
than $100,000.
2. Each certified inspector, energy
auditor or his or her employer shall maintain a policy of insurance that
complies with the requirements of subsection 1.
(Added to NRS by 1997, 1795; A 2011, 1951)
NRS 645D.195 Payment of child support: Submission of certain information by
applicant; grounds for denial of certificate; duty of Administrator. [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) A person who applies for the issuance of a
certificate or license shall include the social security number of the
applicant in the application submitted to the Administrator.
(b) A person who applies for the issuance or
renewal of a certificate or license shall submit to the Administrator 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 Administrator shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate or license; or
(b) A separate form prescribed by the Administrator.
3. A certificate or license may not be
issued or renewed by the Administrator 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
Administrator 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 1999, 1219; A 2005, 2789, 2808; 2011, 1952)
NRS 645D.195 Payment of child support:
Submission of certain information by applicant; grounds for denial of
certificate; duty of Administrator. [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, a person who applies for the issuance or renewal of
a certificate or license shall submit to the Administrator 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 Administrator shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate or license; or
(b) A separate form prescribed by the
Administrator.
3. A certificate or license may not be
issued or renewed by the Administrator 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
Administrator 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 1999, 1219; A 2005, 2789, 2790, 2808; 2011, 1952,
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 645D.200 Qualifications for issuance and grounds for denial of
certificate.
1. The Administrator shall issue a
certificate to any person who:
(a) Is of good moral character, honesty and
integrity;
(b) Has the education and experience prescribed
in the regulations adopted pursuant to NRS 645D.120;
(c) Has submitted proof that the person or his or
her employer holds a policy of insurance that complies with the requirements of
subsection 1 of NRS 645D.190; and
(d) Has submitted all information required to
complete an application for a certificate.
2. The Administrator may deny an
application for a certificate to any person who:
(a) Has been convicted of, or entered a plea of
guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to defraud
or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on
the application;
(c) Has had a certificate suspended or revoked
pursuant to this chapter within the 10 years immediately preceding the date of
application; or
(d) Has not submitted proof that the person or
his or her employer holds a policy of insurance that complies with the
requirements of subsection 1 of NRS 645D.190.
(Added to NRS by 1997, 1795; A 1999, 1220; 2005, 2790, 2808; 2007, 1478)
NRS 645D.205 Qualifications for issuance and grounds for denial of license.
1. The Administrator shall issue a license
to any person who:
(a) Is of good moral character, honesty and
integrity;
(b) Holds a certification or accreditation from
an organization approved by the Administrator;
(c) Has successfully completed not less than 40
hours of training and practice in the following areas:
(1) Building science and working with a
home as a system, including, without limitation, training in making
recommendations based on the proper loading order of improvements;
(2) The transfer of heat;
(3) Testing building performance;
(4) Air distribution and leakage;
(5) The calculation of gross and net
areas;
(6) Energy terms and definitions;
(7) Concerns relating to combustion appliances;
(8) Envelope leakage, thermal bypass and
thermal bridging;
(9) The presence or absence of insulation
and, when observable, the quality of its installation;
(10) The recommended levels of insulation
for different climate zones;
(11) Determinations of the efficiency of
heating, ventilating and air-conditioning equipment from model numbers and
default tables;
(12) The strengths and weaknesses, drivers
and sensitivities of major types of heating, ventilating and air-conditioning
systems;
(13) Estimations of the efficiency of
household appliances based on their model numbers or age;
(14) Energy, power, heat-conductivity or
resistance and temperature units and key conversion factors;
(15) Measuring building dimensions;
(16) Identification and documentation of
inspected features of the home during an energy audit;
(17) Basics of specifications;
(18) Determination of the efficiency of
windows and doors;
(19) Determination of the orientation of
buildings and the characteristics of the shading around them;
(20) Defining the thermal boundary and
making appropriate recommendations for changing it; and
(21) The basic concepts of measure
interaction, expected life and bundling for optimal performance when the home
is considered as a system and taking into consideration the need for savings;
(d) Has submitted proof that the person or his or
her employer holds a policy of insurance that complies with the requirements of
subsection 1 of NRS 645D.190; and
(e) Has submitted all information required to
complete an application for a license.
2. The Administrator may deny an
application for a license to any person who:
(a) Has been convicted of, or entered a plea of
guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to
defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on
the application;
(c) Has had a license suspended or revoked
pursuant to this chapter within the 10 years immediately preceding the date of
application;
(d) Does not possess the training or
certification required pursuant to subsection 1; or
(e) Has not submitted proof that the person or
his or her employer holds a policy of insurance that complies with the
requirements of subsection 1 of NRS 645D.190.
(Added to NRS by 2011, 1945)
NRS 645D.210 Notification of denial of application; leave to file another
application; procedure for appeal of denial.
1. If an application for a certificate or
license is denied:
(a) The Division shall notify the applicant
within 15 days after its decision; and
(b) The applicant may not reapply until he or she
petitions the Division for leave to file another application. The Division may
grant or deny that leave in its sole discretion.
2. If the applicant, within 30 days after
receipt of the notice denying the application, files a written request
containing allegations that, if true, qualify the applicant for a certificate
or license, the Administrator shall set the matter for a hearing before a
hearing officer of the Division to be conducted within 60 days after receipt of
the applicant’s request. The decision of the hearing officer is a final
decision for the purposes of judicial review.
(Added to NRS by 1997, 1795; A 2011, 1952)
NRS 645D.220 Invalidation and surrender of certificate or license issued in
error; notice; request for hearing. The
Division, upon the discovery of an error in the issuance of a certificate or
license that is related to the qualifications or fitness of the holder thereof,
may invalidate the certificate or license upon written notice to the holder.
The holder shall surrender the certificate or license to the Division within 20
days after the notice is sent by the Division. A person whose certificate or
license is invalidated pursuant to this section, and who has surrendered his or
her certificate or license, may request a hearing on the matter in the same
manner as for the denial of an application pursuant to NRS
645D.210.
(Added to NRS by 1997, 1795; A 2011, 1952)
NRS 645D.230 Form, size and contents of certificate or license; expiration
and renewal; additional fee for electronic renewal.
1. The Division shall issue a certificate
or license to each eligible person in the form and size prescribed by the
Division. A certificate or license must:
(a) Indicate the name and address of the
inspector or energy auditor and the location of each place where he or she
transacts business as an inspector or energy auditor; and
(b) Contain any additional matter prescribed by
the Division.
2. A certificate is valid for 2 years
after the first day of the first calendar month immediately following the date
it is issued.
3. A license is valid for 1 year after the
first day of the first calendar month immediately following the date it is
issued.
4. If an inspector or energy auditor fails
to apply for the renewal of his or her certificate or license and pay the fee
for renewal before the certificate or license expires, and applies for renewal:
(a) Not later than 1 year after the date of
expiration, he or she must pay a fee equal to 150 percent of the amount
otherwise required for renewal.
(b) Later than 1 year after the date of
expiration, he or she must apply in the same manner as for an original
certificate or license.
5. The Division may:
(a) Create and maintain a secure website on the
Internet through which each certificate or license issued pursuant to the
provisions of this chapter may be renewed; and
(b) For each certificate or license renewed
through the use of a website created and maintained pursuant to paragraph (a),
charge a fee in addition to any other fee provided for pursuant to this chapter
which must not exceed the actual cost to the Division for providing that
service.
(Added to NRS by 1997, 1796; A 2007, 585; 2011, 1953)
NRS 645D.235 Requirement to report conviction to Division.
1. A certified inspector or energy auditor
shall notify the Division in writing if he or she is convicted of, or enters a
plea of guilty, guilty but mentally ill or nolo contendere to, a felony or any
offense involving moral turpitude.
2. A certified inspector or energy auditor
shall submit the notification required by subsection 1:
(a) Not more than 10 days after the conviction or
entry of the plea of guilty, guilty but mentally ill or nolo contendere; and
(b) When submitting an application to renew a
certificate or license issued pursuant to this chapter.
(Added to NRS by 2007, 1546; A 2011, 1953)
NRS 645D.240 Fees.
1. The following fees must be charged and
collected by the Division:
For each application
for a certificate or license.............................................. $100
For the issuance or
renewal of a certificate or license...................................... 250
For each penalty for
a late renewal of a certificate or license........................ 125
For each change of
name, address or association.............................................. 20
For each duplicate
certificate or license where the original is lost or destroyed and an affidavit
is made thereof 20
For each
reinstatement to active status of an inactive certificate or license. 20
For each annual
approval of a course of instruction offered in preparation for an original
certificate or license 100
For each original
accreditation of a course of continuing education............ 100
For each renewal of
accreditation of a course of continuing education........ 50
2. The Division shall adopt regulations
which establish the fees to be charged and collected by the Division to pay the
costs of:
(a) Any examination for a certificate or license,
including any costs which are necessary for the administration of such an
examination.
(b) Any investigation of a person’s background.
(Added to NRS by 1997, 1796; A 2003, 1300; 2011, 1953)
ENERGY AUDITS
NRS 645D.300 Procedure; report; duties of energy auditor; limited energy
audit or energy assessment.
1. Except as otherwise provided in
subsection 5, when conducting an energy audit, an energy auditor shall evaluate
the entire home and must include, without limitation, in his or her evaluation:
(a) A visual inspection, diagnostic overview and
health and safety test of the energy features of the entire home;
(b) Documentation of the general condition of the
home, including, without limitation:
(1) Envelope features and ages;
(2) Types, characteristics and ages of
equipment;
(3) Characteristics of appliances and
lighting; and
(4) Any anticipated remediation issues,
including, without limitation, moisture or combustion appliance problems;
(c) An assessment of the performance and
efficiency of the building airflow and indoor air quality and ventilation,
including, without limitation:
(1) Any visible sources of indoor air
pollution;
(2) The flow rate of exhaust fans and
whether the clothes dryer vent is properly vented; and
(3) An evaluation of the connection of any
attached garage to the home for possible air leaks;
(d) An assessment of the control of moisture in
the home, including, without limitation:
(1) A visual identification of any
moisture present from roof leaks, wall penetrations or door or window openings;
and
(2) An identification of any potential
areas where mold may grow;
(e) An estimation of U-factors and solar heat
gain coefficients of the windows and doors;
(f) An evaluation of the efficiency of the
heating and cooling of the home, including, without limitation, the performance
and efficiency of any:
(1) Furnace;
(2) Air-conditioning system;
(3) Heat pump;
(4) Air duct system;
(5) Thermal insulation;
(6) Boiler;
(7) System for providing steam heat;
(8) Hot water heater; or
(9) Heating, ventilating and
air-conditioning system;
(g) An analysis of the base load energy use and
advice to clients on reduction strategies, including, without limitation, an
examination of:
(1) The utility use and the billing
history for the immediately preceding 12 months;
(2) The efficiency of major appliances;
(3) Lighting efficiency and alternatives;
or
(4) The energy used by any pool or spa;
and
(h) Testing of combustion appliances in
accordance with the standards issued by the American National Standards
Institute or the American Society for Testing and Materials.
2. After conducting an energy audit, an
energy auditor shall prepare and provide to the homeowner and the United States
Department of Energy a report based upon the energy audit that includes,
without limitation:
(a) Any energy programs, incentives, regulations,
energy costs or fuel types which apply to the homeowner;
(b) A specific recommendation that any combustion
appliance which is post-retrofit be tested;
(c) A prioritization of health and safety hazards
in the home and recommendations for improvements according to their urgency and
importance, in relation to any energy efficiency measures which have been
installed;
(d) Suggestions for home repairs and renovations
based on a loading order that will maximize cost effectiveness and feasibility
using computer software approved by the United States Department of Energy;
(e) In addition to the provisions of paragraph
(c), an identification of existing hazards and potential hazards which may
develop, together with specific preventative measures; and
(f) Measures to save energy and changes in the
behavior of the homeowner to increase energy efficiency, including the use of
consumer electronics.
3. An energy auditor shall not base an
energy audit upon a single product line, the services of a contractor or his or
her own convenience.
4. An energy auditor shall use survey and
labeling software programs or rating tools for performing an energy audit which
have been approved by the United States Department of Energy.
5. In lieu of an energy audit, an energy
auditor may perform a limited energy audit or energy assessment of a home. If
an energy auditor performs a limited energy audit or energy assessment, the
energy auditor must comply with the requirements of subsections 2, 3 and 4. As
used in this subsection:
(a) “Energy assessment” means an evaluation of
one or more of the appliances or systems listed in paragraph (f) of subsection
1.
(b) “Limited energy audit” means an evaluation of
a home which includes less than the entire home, but includes the provision of
at least one of the services specified in paragraphs (a) to (e), inclusive, (g)
or (h) of subsection 1.
(Added to NRS by 2011, 1947)
ENFORCEMENT
NRS 645D.690 Disciplinary proceedings, fines and penalties not affected by
expiration, revocation or voluntary surrender of certificate or license. The expiration or revocation of a certificate
or license by operation of law or by order or decision of a hearing officer or
court of competent jurisdiction, or the voluntary surrender of a certificate or
license by a certified inspector or energy auditor does not:
1. Prohibit the Division from initiating
or continuing an investigation of, or action or disciplinary proceeding
against, the certified inspector or energy auditor as authorized pursuant to
the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of
any fine or penalty authorized pursuant to the provisions of this chapter or
the regulations adopted pursuant thereto against the certified inspector or
energy auditor.
(Added to NRS by 2001, 527; A 2011, 1954)
NRS 645D.700 Grounds for disciplinary action; authorized disciplinary action;
limitations on reissuance of certificate or license after revocation; orders
imposing discipline deemed public records.
1. Grounds for disciplinary action against
a certified inspector or energy auditor are:
(a) Unprofessional conduct;
(b) Professional incompetence; and
(c) A criminal conviction for a felony or any
offense involving moral turpitude.
2. If grounds for disciplinary action
against a certified inspector or energy auditor exist, the Division may, after
providing the inspector or energy auditor with notice and an opportunity for a
hearing, do one or more of the following:
(a) Revoke or suspend the certificate or license.
(b) Place conditions upon the certificate or
license or upon the reissuance of a certificate or license revoked pursuant to
this section.
(c) Deny the renewal of the certificate or
license.
(d) Impose a fine of not more than $1,000 for
each violation.
3. If a certificate or license is revoked
by the Division, another certificate or license must not be issued to the same
inspector or energy auditor for at least 1 year after the date of the
revocation, or at any time thereafter except in the sole discretion of the
Administrator, and then only if the inspector or energy auditor satisfies the
requirements for an original certificate or license.
4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1997, 1796; A 2001, 527; 2003, 3472; 2011, 1954)
NRS 645D.703 Disciplinary action for failure to pay money to Division. In addition to any other remedy or penalty,
the Administrator may:
1. Refuse to issue a certificate or
license to a person who has failed to pay money which the person owes to the
Division.
2. Refuse to renew, or suspend or revoke,
the certificate or license of a person who has failed to pay money which the
person owes to the Division.
(Added to NRS by 2003, 1299; A 2011, 1955)
NRS 645D.705 Suspension of certificate or license for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of
certificate or license. [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 Administrator 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 certified
inspector or energy auditor, the Administrator shall deem the certificate or
license 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 Administrator receives
a letter issued to the certified inspector or energy auditor by the district
attorney or other public agency pursuant to NRS
425.550 stating that the certified inspector or energy auditor has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Administrator shall reinstate a
certificate or license that has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives
a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate or license was suspended stating that the person whose certificate
or license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
(Added to NRS by 1999, 1219; A 2005, 2808; 2011, 1955)
NRS 645D.710 Unprofessional conduct of certified inspector. A certified inspector is guilty of
unprofessional conduct if the certified inspector:
1. Fails to disclose to any person with
whom the certified inspector is dealing any material fact or other information
he or she knows, or in the exercise of reasonable care and diligence should
know, concerning any improvement he or she inspects, including any interest the
certified inspector has in the improvement or the real estate to which it is
affixed;
2. Knowingly communicates a false or
fraudulent inspection report to any interested person or otherwise engages in
any deceitful, fraudulent or dishonest conduct;
3. Before obtaining his or her
certificate, engaged in any conduct of which the Division is not aware that
would be a ground for the denial of a certificate;
4. Makes a false statement of material
fact on his or her application for a certificate; or
5. Performs any repairs for compensation
upon any improvement for which he or she has prepared an inspection report.
(Added to NRS by 1997, 1796)
NRS 645D.720 Injunctions.
1. Whenever the Division believes from evidence
satisfactory to it that any person has violated or is about to violate a
provision of this chapter, or a provision of any regulation, ruling or decision
of the Division, it may bring an action, in the name of the Division, in the
district court of the State of Nevada in and for the county where the person
resides or, if the person resides outside the State of Nevada, in any court of
competent jurisdiction within or outside the State of Nevada, against the
person to enjoin that person from engaging in or continuing the violation, or
from doing any act or acts in furtherance of the violation.
2. If the action is brought in a district
court of the State of Nevada, an order or judgment may be entered, if proper,
awarding a temporary restraining order, preliminary injunction or final
injunction. A preliminary injunction or temporary restraining order must not be
granted without at least 5 days’ notice to the opposite party.
(Added to NRS by 1997, 1797)
NRS 645D.730 Administrative fine for engaging in certain conduct without
certificate, license or other authorization; procedure for imposition of fine;
judicial review; exceptions.
1. In addition to any other remedy or
penalty, the Administrator may impose an administrative fine against any person
who knowingly:
(a) Engages or offers to engage in any activity
for which a certificate or license or any type of authorization is required
pursuant to this chapter, or any regulation adopted pursuant thereto, if the
person does not hold the required certificate or license or has not been given
the required authorization; or
(b) Assists or offers to assist another person to
commit a violation described in paragraph (a).
2. If the Administrator imposes an
administrative fine against a person pursuant to this section, the amount of
the administrative fine may not exceed the amount of any gain or economic
benefit that the person derived from the violation or $5,000, whichever amount
is greater.
3. In determining the appropriate amount
of the administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree
of any harm that the violation caused to other persons;
(b) The nature and amount of any gain or economic
benefit that the person derived from the violation;
(c) The person’s history or record of other
violations; and
(d) Any other facts or circumstances that the
Administrator deems to be relevant.
4. Before the Administrator may impose the
administrative fine, the Administrator must provide the person with notice and
an opportunity to be heard.
5. The person is entitled to judicial
review of the decision of the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not
apply to a person who engages or offers to engage in activities within the
purview of this chapter if:
(a) A specific statute exempts the person from
complying with the provisions of this chapter with regard to those activities;
and
(b) The person is acting in accordance with the
exemption while engaging or offering to engage in those activities.
(Added to NRS by 2003, 1299; A 2011, 1955)
UNLAWFUL ACTS
NRS 645D.900 Penalties.
1. A person who obtains or attempts to
obtain a certificate or license by means of intentional misrepresentation,
deceit or fraud is guilty of a category E felony and shall be punished as
provided in NRS 193.130. In addition to
any other penalty, the court may impose a fine of not more than $10,000.
2. A person who:
(a) Holds himself or herself out as a certified
inspector or energy auditor;
(b) Uses in connection with his or her name the
words “licensed,” “registered,” “certified” or any other title, word, letter or
other designation intended to imply or designate that he or she is a certified
inspector or energy auditor; or
(c) Describes or refers to any inspection report
or energy audit prepared by him or her as “certified” or “licensed” in this
state, without first obtaining a certificate or license as provided in this
chapter,
Ê is guilty of
a gross misdemeanor.
(Added to NRS by 1997, 1797; A 2011, 1956)
