Nrs: Chapter 645D - Inspectors Of Structures And Energy Auditors

Link to law: https://www.leg.state.nv.us/NRS/NRS-645D.html
Published: 2015

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[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)