2005 Nevada Revised Statutes - Chapter 455C — Boilers, Elevators and Pressure Vessels

CHAPTER 455C - BOILERS, ELEVATORS ANDPRESSURE VESSELS

GENERAL PROVISIONS

NRS 455C.010 Definitions.

NRS 455C.020 Boiler defined.

NRS 455C.030 Boiler inspectordefined.

NRS 455C.040 Certificatedefined.

NRS 455C.050 Division defined.

NRS 455C.060 Elevator defined.

NRS 455C.070 Elevator mechanicdefined.

NRS 455C.080 Pressure vesseldefined.

PERMITS; REGULATIONS; CERTIFICATES

NRS 455C.100 Ownerof boiler, elevator or pressure vessel to obtain permit from Division;exception.

NRS 455C.110 Regulations:Standards and procedures; certification of boiler inspectors and elevatormechanics; grounds for disciplinary action; methods of enforcement.

NRS 455C.120 Fees.

NRS 455C.130 Applicationfor issuance or renewal of certificate: Statement regarding obligation of childsupport required; grounds for denial of certificate; duty of Division. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 455C.140 Applicationfor issuance of certificate: Social security number required. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 455C.150 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certification. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 455C.160 Unlawfulto perform certain acts concerning elevator unless certified as elevatormechanic; criminal penalty; exception.

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GENERAL PROVISIONS

NRS 455C.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS455C.020 to 455C.080, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1048)

NRS 455C.020 Boilerdefined. Boiler means a closed vessel inwhich water is heated, steam is generated, steam is superheated, or anycombination thereof, under pressure or vacuum, for use external to the boilerby the direct application of heat. The term includes a fired unit for heatingor vaporizing liquids other than water if the unit is separate from theprocessing system and is complete within itself.

(Added to NRS by 2001, 1048)

NRS 455C.030 Boilerinspector defined. Boiler inspector means aperson who inspects boilers and pressure vessels.

(Added to NRS by 2001, 1049)

NRS 455C.040 Certificatedefined. Certificate means a certificate issuedpursuant to the provisions of NRS 455C.110.

(Added to NRS by 2001, 1049)

NRS 455C.050 Divisiondefined. Division means the Division of IndustrialRelations of the Department of Business and Industry.

(Added to NRS by 2001, 1049)

NRS 455C.060 Elevatordefined. Elevator includes, withoutlimitation, an elevator, dumbwaiter, escalator, moving walk, wheelchair lift orrelated equipment.

(Added to NRS by 2001, 1049)

NRS 455C.070 Elevatormechanic defined. Elevator mechanic means aperson who installs, maintains, relocates, improves, alters or repairselevators.

(Added to NRS by 2001, 1049)

NRS 455C.080 Pressurevessel defined. Pressure vessel means avessel in which pressure is obtained from an external source or by theapplication of heat from a direct or indirect source.

(Added to NRS by 2001, 1049)

PERMITS; REGULATIONS; CERTIFICATES

NRS 455C.100 Ownerof boiler, elevator or pressure vessel to obtain permit from Division;exception. The owner of a boiler, elevator orpressure vessel must obtain a permit issued by the Division before the boiler,elevator or pressure vessel may be operated unless the Division has provided anexemption for the boiler, elevator or pressure vessel pursuant to NRS 455C.110.

(Added to NRS by 2001, 1049)

NRS 455C.110 Regulations:Standards and procedures; certification of boiler inspectors and elevatormechanics; grounds for disciplinary action; methods of enforcement. The Division shall adopt regulations that establish:

1. Standards and procedures relating to theinstallation, inspection, operation, maintenance, relocation, improvement,alteration and repair of boilers, elevators and pressure vessels, including,without limitation, regulations:

(a) Providing an exemption from those standards andprocedures:

(1) In the case of an emergency; or

(2) If the Division determines that it is in thebest interests of the general public; and

(b) Establishing requirements for the inspection ofboilers, elevators and pressure vessels.

2. The requirements for the issuance and renewal of acertificate as:

(a) A boiler inspector; and

(b) An elevator mechanic.

3. The grounds for initiating disciplinary actionagainst a holder of a certificate, including, without limitation, the groundsfor:

(a) The suspension or revocation of a certificate; and

(b) Requiring the holder of a certificate to pay anadministrative fine.

4. The methods of enforcement the Division will use toensure compliance with NRS 455C.100and the regulations adopted pursuant to subsection 1, including, withoutlimitation:

(a) Notifying an owner of a boiler, elevator orpressure vessel that he has violated a provision of the regulations adoptedpursuant to subsection 1 and establishing a period within which he must correctthe violation;

(b) Requiring the owner to pay an administrative fine;and

(c) Suspending or revoking a permit issued by theDivision pursuant to NRS 455C.100.

(Added to NRS by 2001, 1049)

NRS 455C.120 Fees.

1. The Division shall, by regulation, prescribe anyfee that is necessary to carry out the provisions of this chapter, including,without limitation, fees for:

(a) An application for a certificate;

(b) The issuance of a certificate;

(c) The renewal of a certificate;

(d) Any examination the Division may require forobtaining a certificate; and

(e) Inspections of boilers, elevators or pressurevessels.

2. Any fee prescribed by the Division pursuant tosubsection 1 must be based on the actual cost necessary to carry out theprovisions of this chapter.

3. The fees collected pursuant to this section must beused to reduce the assessments established pursuant to NRS 232.680.

(Added to NRS by 2001, 1049)

NRS 455C.130 Applicationfor issuance or renewal of certificate: Statement regarding obligation of childsupport required; grounds for denial of certificate; duty of Division. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An applicant for the issuance or renewal of acertificate must submit to the Division the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must be submittedfor the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by theDivision if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Division shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 2001, 1050)

NRS 455C.140 Applicationfor issuance of certificate: Social security number required. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor the issuance of a certificate must include the social security number ofthe applicant.

(Added to NRS by 2001, 1050)

NRS 455C.150 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certification. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to the holder of a certificate, theDivision shall deem the certificate to be suspended at the end of the 30th dayafter the date on which the court order was issued unless the Division receivesa letter issued to the holder of the certificate by the district attorney orother public agency pursuant to NRS 425.550stating that the holder of the certificate has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a certificate that hasbeen suspended by a district court pursuant to NRS 425.540 if the Division receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificatewas suspended stating that the person whose certificate was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

(Added to NRS by 2001, 1050)

NRS 455C.160 Unlawfulto perform certain acts concerning elevator unless certified as elevatormechanic; criminal penalty; exception.

1. Except as otherwise provided in subsection 3, it isunlawful for any person to install, maintain, relocate, improve, alter orrepair an elevator within this State unless he is certified as an elevatormechanic pursuant to NRS 455C.110.

2. A person who violates subsection 1 is guilty of amisdemeanor.

3. The Division may exempt a person who performscertain categories of acts relating to elevators from the requirement of obtaininga certificate if the Division determines it would be in the best interests ofthe general public.

(Added to NRS by 2001, 1051)