2005 Nevada Revised Statutes - Chapter 623 — Architecture, Interior Design and Residential Design

CHAPTER 623 - ARCHITECTURE, INTERIOR DESIGNAND RESIDENTIAL DESIGN

GENERAL PROVISIONS

NRS 623.010 Purpose.

NRS 623.015 Definitions.

NRS 623.017 Architectdefined.

NRS 623.019 Boarddefined.

NRS 623.021 Certificateof registration defined.

NRS 623.022 Partitiondefined.

NRS 623.0225 Practiceas a registered interior designer defined.

NRS 623.023 Practiceof architecture defined.

NRS 623.025 Practiceof residential design defined.

NRS 623.026 Registeredinterior designer defined.

NRS 623.027 Residentialdesigner defined.

NRS 623.029 Responsiblecontrol defined.

STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIALDESIGN

NRS 623.050 Creation;number, appointment, qualifications and removal of members.

NRS 623.070 Compensationof members and employees.

NRS 623.080 Oathsof members.

NRS 623.090 Offices.

NRS 623.100 Appointmentand terms of officers; quorum.

NRS 623.120 Seal.

NRS 623.130 Secretaryto keep record of proceedings of Board.

NRS 623.131 Confidentialityof certain records of Board; exceptions.

NRS 623.133 Designationof Attorney General as legal adviser.

NRS 623.135 Employmentand compensation of employees.

NRS 623.140 Electionof officers; regulations.

NRS 623.145 Codesof ethics.

NRS 623.150 Enforcementof chapter; expenses.

NRS 623.152 Subpoenas.

NRS 623.153 Attendanceof witnesses.

NRS 623.155 Fiscalyear.

NRS 623.160 Receipt,deposit and withdrawal of fees.

NRS 623.165 Claimfor attorneys fees and cost of investigation: Conditions; procedure.

NRS 623.170 Paymentof expenses of Board.

REGISTRATION

NRS 623.180 Certificate:Issuance; expiration; prorated fees; synonymous with registration; unauthorizeduse or display unlawful.

NRS 623.182 Temporarycertificate of registration to practice architecture: Application; conditions;limitations.

NRS 623.183 Applicationto include social security number of applicant. [Repealed.]

NRS 623.185 Seal:Design; use; regulations; unlawful acts.

NRS 623.190 Certificateof registration to practice architecture or residential design: Qualificationsof applicants; standards for examination; oath.

NRS 623.192 Certificateof registration to practice interior design: Qualifications of applicants;accreditation of program of interior design; standards for examination; oath.

NRS 623.200 Examination;limitation on registration.

NRS 623.205 Reexamination.

NRS 623.210 Boardauthorized to accept registration in other jurisdiction in lieu of examinationsfor certificate of registration to practice architecture or residential design.

NRS 623.215 Boardauthorized to accept evidence of registration in other jurisdiction as interiordesigner.

NRS 623.220 Feefor registration; issuance of certificate.

NRS 623.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Board. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 623.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Board. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 623.230 Officialregister of certificates of registration.

NRS 623.250 Renewalof certificate: Issuance of card; fee.

NRS 623.255 Renewalof certificate: Continuing education.

NRS 623.260 Renewalof certificate after expiration.

DISCIPLINARY ACTION

NRS 623.270 Grounds;conditions for probation; orders imposing discipline deemed public records;private reprimands prohibited.

NRS 623.280 Revocationof certificate: Notice; report of findings. [Repealed.]

NRS 623.285 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate. [Expires by limitation 2years after 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.]

NRS 623.290 Entryand notice of penalty.

NRS 623.300 Applicationfor reinstatement of certificate after revocation.

FEES

NRS 623.310 Fees.

MISCELLANEOUS PROVISIONS

NRS 623.330 Exemptions;civil and criminal liability.

NRS 623.333 Architector residential designer not required to obtain certificate of registration topractice as registered interior designer.

NRS 623.335 Immunityfrom civil liability for furnishing information to Board or otherwise assistingin investigation or prosecution.

NRS 623.349 Formationof business organizations or associations with persons outside of field ofpractice or with unregistered or unlicensed persons: Conditions; limitations.

NRS 623.350 Businessorganization or association engaged in practice of architecture or residentialdesign, or practice as registered interior designer: Responsible control ofwork by architect, registered interior designer or residential designer;exception; violation of provisions of chapter.

NRS 623.353 Residentialdesigner under responsible control of registered architect.

NRS 623.354 Registeredinterior designers authorized to collaborate with members of certainprofessions; limitations.

NRS 623.357 Allegationand proof of registered status in action for compensation.

PROHIBITED ACTS; ENFORCEMENT; PENALTIES

NRS 623.360 Prohibitedacts; penalties; injunctive relief.

NRS 623.365 Civilpenalty.

NRS 623.370 Districtattorney to prosecute violations.

_________

 

GENERAL PROVISIONS

NRS 623.010 Purpose. The purpose of this chapter is to safeguard life, healthand property, and to promote the public welfare by improving the quality ofhuman environmental design.

[1:220:1949; 1943 NCL 537.1](NRS A 1973, 1696)

NRS 623.015 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS623.017 to 623.029, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467; 1995, 1696; 2001, 1785)

NRS 623.017 Architectdefined. Architect means any person who engagesin the practice of architecture and holds a certificate of registration issuedby the Board.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467)

NRS 623.019 Boarddefined. Board means the State Board ofArchitecture, Interior Design and Residential Design.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467; 1995, 1696)

NRS 623.021 Certificateof registration defined. Certificate ofregistration means the certificate of registration issued by the Board to:

1. An architect;

2. A registered interior designer; or

3. A residential designer.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467; 1995, 1696)

NRS 623.022 Partitiondefined. Partition means a wall which doesnot:

1. Support a vertical load of a structure other thanits own weight;

2. Separate interior areas of a structure which aredesigned for different uses;

3. Support a structure; and

4. Extend further than from the floor of an interiorarea of a structure designed for human habitation or occupancy to the ceilingof that structure.

(Added to NRS by 1995, 1693)

NRS 623.0225 Practiceas a registered interior designer defined. Practiceas a registered interior designer means the rendering, by a person registeredpursuant to subsection 2 of NRS 623.180,of services to enhance the quality and function of an interior area of astructure designed for human habitation or occupancy. The term includes:

1. An analysis of:

(a) A clients needs and goals for an interior area ofa structure designed for human habitation or occupancy; and

(b) The requirements for safety relating to that area;

2. The formulation of preliminary designs for aninterior area designed for human habitation or occupancy that are appropriate,functional and esthetic;

3. The development and presentation of final designsthat are appropriate for the alteration or construction of an interior area ofa structure designed for human habitation or occupancy;

4. The preparation of contract documents for thealteration or construction of an interior area of a structure designed forhuman habitation or occupancy, including specifications for partitions,materials, finishes, furniture, fixtures and equipment;

5. The collaboration in the completion of a projectfor the alteration or construction of an interior area of a structure designedfor human habitation or occupancy with professional engineers or architects whoare registered pursuant to the provisions of title 54 of NRS;

6. The preparation and administration of bids orcontracts as the agent of a client; and

7. The review and evaluation of problems relating tothe design of a project for the alteration or construction of an area designedfor human habitation or occupancy during the alteration or construction andupon completion of the alteration or construction.

(Added to NRS by 1995, 1694; A 1997,201)(Substituted in revision for NRS 623.024)

NRS 623.023 Practiceof architecture defined. The practice ofarchitecture consists of rendering services embracing the scientific, estheticand orderly coordination of processes which enter into the production of acompleted structure which has as its principal purpose human habitation oroccupancy, or the utilization of space within and surrounding the structure,performed through the medium of plans, specifications, administration ofconstruction, preliminary studies, consultations, evaluations, investigations,contract documents and advice and direction.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467; 1995, 1696)

NRS 623.025 Practiceof residential design defined. The practiceof residential design consists of rendering services embracing the scientific,esthetic or orderly coordination of processes which enter into:

1. The production of a completed:

(a) Single-family dwelling unit; or

(b) Multifamily dwelling structure that does not exceedtwo stories in height and is composed of not more than four units in thatstructure; and

2. The use of space within and surrounding the unit orstructure,

performed throughthe medium of plans, specifications, administration of construction,preliminary studies, consultations, evaluations, investigations, contractdocuments, and advice and direction.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467; 1995, 1696; 2001, 1785)

NRS 623.026 Registeredinterior designer defined. Registeredinterior designer means a person who provides some or all of the services setforth in NRS 623.0225 and holds acertificate of registration issued by the Board pursuant to subsection 2 of NRS 623.180.

(Added to NRS by 1995, 1694; A 1997, 202)

NRS 623.027 Residentialdesigner defined. Residential designer meansany person who engages in the practice of residential design and holds a certificateof registration issued by the Board.

(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758;1983, 1918; 1993, 2467)

NRS 623.029 Responsiblecontrol defined. Responsible control meansthe amount of control over and detailed knowledge of the content of a technicalsubmission during its preparation that is ordinarily exercised by a registeredarchitect, registered interior designer or residential designer, as applicable,when applying the normal standard of professional care.

(Added to NRS by 2001, 1785)

STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN ANDRESIDENTIAL DESIGN

NRS 623.050 Creation;number, appointment, qualifications and removal of members.

1. The State Board of Architecture, Interior Designand Residential Design, consisting of nine members appointed by the Governor,is hereby created.

2. The Governor shall appoint:

(a) Five members who are registered architects and havebeen in the active practice of architecture in the State of Nevada for not lessthan 3 years preceding their appointment.

(b) One member who is a registered residentialdesigner.

(c) Two members who are registered interior designersand who are not registered architects or residential designers.

(d) One member who is a representative of the generalpublic. This member must not be:

(1) A registered architect, a registeredinterior designer or a registered residential designer; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a registered architect, a registered interior designeror a registered residential designer.

3. Members of the Board must have been residents ofthis State for not less than 2 years preceding their appointment.

4. The Governor may, upon a bona fide complaint, andfor good cause shown, after 10 days notice to any member against whom chargesmay be filed, and after opportunity for hearing, remove the member forinefficiency, neglect of duty or malfeasance in office.

[3:220:1949; 1943 NCL 537.3](NRS A 1975, 580;1977, 1248; 1983, 1919; 1985, 982; 1995, 306, 1696; 1997, 202; 2001, 1785; 2003, 1187)

NRS 623.070 Compensationof members and employees.

1. Each member of the Board is entitled to receivefrom the money of the Board:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

3. The Secretary and Treasurer of the Board isentitled to be paid a salary out of the money of the Board in an amount to bedetermined by the Board.

[5:220:1949; 1943 NCL 537.5](NRS A 1963, 145, 818;1969, 91; 1975, 302; 1979, 1896; 1981, 759, 1991; 1983, 1919; 1989, 1693)

NRS 623.080 Oathsof members. The members of the Board shall,within 30 days after appointment, take and subscribe to the oath of office asprescribed by the laws of Nevada, and file the same with the Secretary ofState.

[6:220:1949; 1943 NCL 537.6]

NRS 623.090 Offices.

1. The Board may provide its own quarters, in whichcase it shall bear the expenses incident to their maintenance.

2. The Board may maintain offices in as manylocalities in the State as it finds necessary to carry out the provisions ofthis chapter.

[7:220:1949; 1943 NCL 537.7](NRS A 1963, 145)

NRS 623.100 Appointmentand terms of officers; quorum.

1. The Board shall appoint one of its members asChairman, who shall serve without additional pay, and one of its members asSecretary and Treasurer. The Chairman and Secretary shall each serve 1 year.

2. Five members of the Board constitute a quorum, butaction shall not be deemed to have been taken upon any question unless thereare at least 4 votes in accord.

[8:220:1949; 1943 NCL 537.8](NRS A 1963, 818;1973, 1696; 1975, 581; 1979, 1896; 1985, 982; 1995, 306, 1697)

NRS 623.120 Seal. The Board shall adopt an official seal.

[10:220:1949; 1943 NCL 537.10](NRS A 1959, 491)

NRS 623.130 Secretaryto keep record of proceedings of Board. The Secretaryof the Board shall keep a true and correct record of all proceedings of theBoard.

[11:220:1949; 1943 NCL 537.11](NRS A 1959, 491)

NRS 623.131 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, therecords of the Board which relate to an employee of the Board or an examinationgiven by the Board are confidential.

2. The records described in this section may bedisclosed, pursuant to procedures established by regulation of the Board, to acourt or an agency of the Federal Government, any state, any politicalsubdivision of this State or any other related professional board ororganization.

3. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a written statementto the Board requesting that such documents and information be made publicrecords.

4. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all other documents and information considered by the Boardwhen determining whether to impose discipline are public records.

5. The Board may report to other related professionalboards and organizations an applicants score on an examination given by theBoard.

6. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 1985, 1454; A 1995, 1697; 2003, 3419; 2005, 752)

NRS 623.133 Designationof Attorney General as legal adviser.

1. The Attorney General is hereby designated as thelegal adviser of the Board.

2. Nothing in this section shall be construed so as toprevent the Board from employing legal counsel as provided elsewhere in thischapter.

[38:220:1949; 1943 NCL 537.38](NRS A 1959,495)(Substituted in revision for NRS 623.380)

NRS 623.135 Employmentand compensation of employees. The Board mayemploy an Executive Director, legal counsel, investigators, professional consultantsand other employees necessary to the discharge of its duties, and may fix thecompensation therefor.

(Added to NRS by 1959, 495; A 1963, 145; 1983, 1920;1995, 1697)

NRS 623.140 Electionof officers; regulations.

1. In November of each year, the Board shall meet toorganize and elect officers as provided in this chapter.

2. The Board shall:

(a) Adopt regulations governing the examination ofapplicants for certificates to practice architecture, interior design orresidential design in this State.

(b) Adopt such other regulations as may be necessaryand proper, not inconsistent with this chapter.

[12:220:1949; 1943 NCL 537.12](NRS A 1975, 581;1983, 1920; 1997, 88)

NRS 623.145 Codesof ethics.

1. Subject to the limitations imposed by subsections2, 3 and 4, the Board shall adopt codes of ethics consistent with theconstitution and laws of this State binding upon persons registered pursuant tothe provisions of this chapter. Such codes of ethics must have as their only purposethe maintenance of a high standard of integrity, dignity and professionalresponsibility by members of the profession.

2. The Board shall prepare the code of ethics forarchitects. Before the adoption of the code, a copy must be sent to everyregistered architect in this State. Those architects may vote on each item inthe proposed code. The Board may adopt each item unless 25 percent or more ofthe registered architects in this State vote against that item.

3. The Board shall prepare the code of ethics forresidential designers. Before the adoption of the code, a copy must be sent toevery registered residential designer in this State. Those residentialdesigners may vote on each item in the proposed code. The Board may adopt eachitem unless 25 percent or more of the registered residential designers in thisState vote against that item.

4. The Board shall prepare the code of ethics forregistered interior designers. Before the adoption of the code, a copy must besent to each registered interior designer in this State. Those registeredinterior designers may vote on each item in the proposed code. The Board mayadopt each item unless 25 percent or more of the registered interior designersin this State vote against that item.

(Added to NRS by 1973, 1695; A 1975, 581; 1977, 319;1995, 306, 1698)

NRS 623.150 Enforcementof chapter; expenses.

1. The Board shall be charged with the duty ofenforcing the provisions of this chapter.

2. The Board may incur such expense as shall benecessary, but such expense shall not exceed the revenue derived from the feesfor examination, registration and other sources as provided in this chapter.

[13:220:1949; 1943 NCL 537.13]

NRS 623.152 Subpoenas. In carrying out the provisions of this chapter the Boardmay subpoena the attendance of witnesses or the production of books, papers anddocuments.

(Added to NRS by 1973, 1696; A 1981, 97)

NRS 623.153 Attendanceof witnesses.

1. If any person refuses to obey a subpoena issued bythe Board, the Board may present a petition to the district court of the countyin which such person resides, setting forth the facts, and thereupon the court,in a proper case, shall issue its subpoena to such person requiring hisattendance before the court to testify or to produce books, papers anddocuments.

2. Any person failing or refusing to obey the subpoenaof a district court may be proceeded against in the same manner as for arefusal to obey any other order of the court.

(Added to NRS by 1973, 1696)

NRS 623.155 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 144)

NRS 623.160 Receipt,deposit and withdrawal of fees. Except asotherwise provided in NRS 623.190, allfees provided for by the provisions of this chapter must be paid to andreceipted for by the Secretary of the Board, who shall deposit the fees inbanks or credit unions in the State of Nevada or institutions in this Statewhose business is the making of investments. Fees so deposited may be drawnagainst only for the purposes of this chapter.

[14:220:1949; 1943 NCL 537.14](NRS A 1963, 145;1983, 1920; 1997, 220; 1999,1527)

NRS 623.165 Claimfor attorneys fees and cost of investigation: Conditions; procedure. If the Board deposits the money collected from theimposition of fines in the State Treasury for the credit of the State GeneralFund, it may present a claim to the State Board of Examiners for recommendationto the Interim Finance Committee if money is needed to pay attorneys fees orthe costs of an investigation, or both.

(Added to NRS by 1985, 1454)

NRS 623.170 Paymentof expenses of Board. All expenses incurred bythe Board must be paid on claims signed by:

1. Two members of the Board; or

2. The Executive Director and one other member of theBoard.

[15:220:1949; 1943 NCL 537.15](NRS A 1963, 145;1979, 1896; 1995, 1698)

REGISTRATION

NRS 623.180 Certificate:Issuance; expiration; prorated fees; synonymous with registration; unauthorizeduse or display unlawful.

1. No person may practice:

(a) Architecture or use the title of architect;

(b) Residential design or use the title of residentialdesigner; or

(c) As a registered interior designer or use the titleof registered interior designer,

in thisState without having a certificate of registration issued to him pursuant tothe provisions of this chapter.

2. Whenever the requirements for registration pursuantto the provisions of this chapter have been fully complied with and fulfilledby an applicant, the Board shall issue to the successful applicant acertificate as a registered architect, registered interior designer orresidential designer. Each certificate of registration issued by the Boardexpires on December 31 of each year. The Board shall, by regulation, establisha schedule of prorated fees for a certificate of registration that is issuedfor less than 1 year.

3. The certificate is synonymous with registrationwith a serial number and seal. A person who is issued a certificate maypractice architecture or residential design or may practice as a registeredinterior designer in this State, subject to the provisions of this chapter andthe regulations of the Board.

4. The unauthorized use or display of a certificate ofregistration is unlawful.

[18:220:1949; 1943 NCL 537.18](NRS A 1973, 1696;1975, 582; 1981, 759; 1983, 1920; 1993, 2468; 1995, 1698; 1997, 202; 2001, 1786)

NRS 623.182 Temporarycertificate of registration to practice architecture: Application; conditions;limitations.

1. A person who is not registered to practicearchitecture in this State may hold himself out as an architect for thepurposes of presenting a proposal for professional services or hisqualifications as an architect in this State if:

(a) He is requested to do so by a client or aprospective client in this State;

(b) He holds a certificate issued by the NationalCouncil of Architectural Registration Boards; and

(c) He has been issued a temporary certificate ofregistration.

2. Upon receiving from a client or prospective clienta request that he present a proposal for professional services or hisqualifications as an architect, a person who is not registered to practicearchitecture in this State shall immediately send written notification to theclient or prospective client explaining that he is not registered as anarchitect in this State and that he is unable to ensure that the Board willissue to him a certificate of registration to practice architecture in thisState.

3. To apply for a temporary certificate ofregistration, a person must submit to the Board:

(a) An application, in such form and content as theBoard may prescribe;

(b) A copy of a letter from the client or prospectiveclient requesting that the person present a proposal for professional servicesor his qualifications as an architect;

(c) The fee for a temporary certificate of registrationrequired by the Board pursuant to NRS623.310; and

(d) A copy of the written notification requiredpursuant to subsection 2.

4. The Board may issue a temporary certificate if atleast one member of the Board approves the application for that certificate.

5. The Board shall not issue more than three temporarycertificates of registration to the same person.

6. A temporary certificate of registration expires 90days after it has been issued.

(Added to NRS by 1993, 2467; A 1995, 1699)

NRS 623.183 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 623.185 Seal:Design; use; regulations; unlawful acts.

1. Upon being issued a certificate of registration,each registered architect, registered interior designer or residential designershall obtain a seal of the design authorized by the Board, bearing thearchitects, registered interior designers or residential designers name, thenumber of his certificate of registration, and the legend RegisteredArchitect, Registered Interior Designer or Residential Designer.

2. A plan, specification, report or other documentissued by a registered architect, registered interior designer or residentialdesigner for official use must be signed, sealed and dated by him. The Boardmay adopt regulations specifying the manner in which a registered architect,registered interior designer or residential designer may electronicallytransmit such a plan, specification, report or other document.

3. It is unlawful for a person to stamp or seal anyplan, specification, report or other document with the seal after thecertificate of registration of the architect, registered interior designer orresidential designer, named therein, has expired or has been suspended orrevoked, unless the certificate has been renewed or reissued.

4. Any plan, drawing, specification or other documentprepared by a registered interior designer must contain a statement that theplan, study, drawing, specification or other document was prepared by aregistered interior designer registered pursuant to the provisions of thischapter.

(Added to NRS by 1959, 495; A 1963, 819; 1973, 1697;1975, 582; 1979, 1896; 1983, 1920; 1995, 1699; 2001, 1786)

NRS 623.190 Certificateof registration to practice architecture or residential design: Qualificationsof applicants; standards for examination; oath.

1. Any person who is at least 21 years of age and ofgood moral character and who meets the requirements for education and practicaltraining established by the Board by regulation may apply to the Board forregistration pursuant to the provisions of this section as an architect.

2. Each year of study, up to and including 5 years ofstudy, satisfactorily completed in an architectural program accredited by theNational Architectural Accrediting Board, any program of architecture in theState of Nevada or any architectural program approved by the State Board ofArchitecture, Interior Design and Residential Design is considered equivalentto 1 year of experience in architectural work for the purpose of registrationas an architect.

3. The Board shall, by regulation, establish standardsfor examinations which must be consistent with standards employed by otherstates. The Board may adopt the standards of the National Council ofArchitectural Registration Boards, and the examination and grading procedure ofthat organization, as they exist on the date of adoption. Examinations mayinclude tests in such technical and professional subjects as are prescribed bythe Board.

4. If the Board adopts the examination of the NationalCouncil of Architectural Registration Boards, an applicant for registration asan architect who wishes to:

(a) Take the examination must pay to the entity whichadministers the examination the fee charged by that entity for taking theexamination and pay to the Board a processing fee as provided in NRS 623.310.

(b) Retake any part or parts of the examination whichhe previously failed must pay to the entity which administers the examinationthe fee charged by that entity for retaking that part or parts.

5. Any person who is at least 21 years of age and ofgood moral character and who has a total of 5 years of credit for education orpractical training, or a combination thereof which is acceptable to the Board,may apply to the Board for registration as a residential designer. The Boardshall, by regulation, establish the amount of credit allowed for education,practical training or a combination thereof.

6. The Board shall, by regulation, establish thestandards for the examination to qualify as a residential designer. Theexamination must consist of at least the following subjects:

(a) Structural technology;

(b) Materials and methods of construction;

(c) Systems for environmental control; and

(d) Graphic design.

7. Before being issued a certificate of registrationto engage in the practice of architecture or residential design, each applicantmust personally appear before the Board to take an oath prescribed by theBoard.

8. Any application to the Board may be denied for anyviolation of the provisions of this chapter.

[19:220:1949; 1943 NCL 537.19](NRS A 1963, 819;1973, 1697; 1975, 582; 1979, 1897; 1983, 1921; 1985, 1454; 1997, 221, 541; 2001, 1787)

NRS 623.192 Certificateof registration to practice interior design: Qualifications of applicants;accreditation of program of interior design; standards for examination; oath.

1. An applicant for a certificate of registration topractice as a registered interior designer must be of good moral character andsubmit to the Board:

(a) An application on a form provided by the Board;

(b) The fees required pursuant to NRS 623.310;

(c) Proof which is satisfactory to the Board that theapplicant has at least 2 years of experience in interior design;

(d) Proof which is satisfactory to the Board that theapplicant has successfully completed:

(1) A program of interior design accredited bythe Foundation for Interior Design Education Research or any successor ininterest to that organization;

(2) A substantially equivalent program ofinterior design approved by the Board; or

(3) A program of interior design, other than aprogram described in subparagraph (1) or (2), which culminated in the award ofa bachelors degree or higher degree more than 5 years before the date of theapplication if the applicant possesses a combination of education andexperience in interior design deemed suitable by the Board;

(e) A certificate issued by the National Council forInterior Design Qualification as proof that the applicant has passed theexamination prepared and administered by that organization; and

(f) All information required to complete theapplication.

2. The Board shall, by regulation, adopt the standardsof the National Council for Interior Design Qualification for the experiencerequired pursuant to the provisions of paragraph (c) of subsection 1 as thosestandards exist on the date of the adoption of the regulation.

3. Before being issued a certificate of registrationto practice as a registered interior designer, each applicant must personallyappear before the Board to take an oath prescribed by the Board.

4. Any application submitted to the Board may bedenied for any violation of the provisions of this chapter.

(Added to NRS by 1995, 1695; A 1997, 203, 207, 541,2108, 2209; 2001,1788; 2005, 572,573, 2698, 2807)

NRS 623.200 Examination;limitation on registration.

1. Upon complying with the requirements set forth in NRS 623.190, and before receiving acertificate or being registered as an architect, the applicant must pass anexamination adopted or otherwise prescribed by the Board, unless the applicanthas applied for the certificate and registration without examination asprovided in this chapter.

2. Upon complying with the applicable requirements ofthis chapter and passing the examination, an applicant is entitled to beregistered as a residential designer and receive a certificate of registration.A person may not be simultaneously registered as an architect and residentialdesigner.

3. Upon complying with the requirements set forth in NRS 623.192, and before receiving acertificate or being registered as a registered interior designer, the applicantmust pass an examination in such technical and professional courses as may beestablished by the Board.

4. The Board shall give or provide for examinations atleast once each year, unless no applications for examinations are pending withthe Board.

[20:220:1949; 1943 NCL 537.20](NRS A 1975, 583;1979, 1897; 1983, 1922; 1995, 1700; 1997, 222, 2109; 2005, 2699, 2807)

NRS 623.205 Reexamination. If the applicant fails to pass a written examination, asprovided in NRS 623.200, or any partthereof, he may retake the examination or the part or parts failed in asubsequent examination upon the payment of the appropriate fees, as provided inNRS 623.190 or 623.310.

[32:220:1949; 1943 NCL 537.32](NRS A 1959, 493;1963, 821; 1973, 1699; 1997, 222)

NRS 623.210 Boardauthorized to accept registration in other jurisdiction in lieu of examinationsfor certificate of registration to practice architecture or residential design. The Board may, in lieu of all examinations for acertificate of registration to practice architecture or residential design,accept satisfactory evidence of registration as an architect in anotherjurisdiction where the qualifications required are equal to those required inthis chapter at the date of application. The Board may require, as satisfactoryevidence of that registration, a certificate of the National Council ofArchitectural Registration Boards.

[21:220:1949; 1943 NCL 537.21](NRS A 1959, 491;1963, 820; 1973, 1698; 1983, 1922; 1995, 1700)

NRS 623.215 Boardauthorized to accept evidence of registration in other jurisdiction as interiordesigner. The Board may accept satisfactoryevidence of registration as an interior designer in another jurisdiction wherethe qualifications required are equal to those required in paragraphs (c), (d)and (e) of subsection 1 of NRS 623.192at the date of application. Before the Board may accept that evidence, theapplicant must pass the examination required pursuant to the provisions of subsection3 of NRS 623.200.

(Added to NRS by 2001, 1785; A 2005, 574, 2699)

NRS 623.220 Feefor registration; issuance of certificate.

1. The Board shall issue a certificate of registrationas an architect or a residential designer, upon payment of a registration feepursuant to the provisions of subsection 2 of NRS623.180 or NRS 623.310, to anyapplicant who:

(a) Complies with the provisions of NRS 623.190 and passes the examinations, orin lieu thereof, brings himself within the provisions of NRS 623.210; and

(b) Submits all information required to complete anapplication for a certificate of registration.

2. The Board shall issue a certificate of registrationto practice as a registered interior designer, upon payment of a registrationfee pursuant to the provisions of NRS623.180 or 623.310, to any applicantwho:

(a) Complies with the provisions of NRS 623.192 and 623.200, or in lieu thereof, brings himselfwithin the provisions of NRS 623.215;and

(b) Submits all information required to complete anapplication for a certificate of registration.

3. Certificates of registration must include the fullname of the registrant, have a serial number and be signed by the Chairman andthe Secretary of the Board under seal of the Board. The issuance of acertificate of registration by the Board is evidence that the person namedtherein is entitled to all the rights and privileges of an architect,registered interior designer or residential designer while the certificate remainsunsuspended, unrevoked and unexpired.

[22:220:1949; 1943 NCL 537.22](NRS A 1963, 820;1975, 583; 1983, 1922; 1995, 1700; 1997, 203, 2109; 1999, 520; 2001, 1788; 2005, 2699, 2807)

NRS 623.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Board. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a certificate ofregistration to practice architecture or residential design or to practice as aregistered interior designer shall include the social security number of theapplicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of acertificate of registration to practice architecture or residential design orto practice as a registered interior designer shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

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

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration; or

(b) A separate form prescribed by the Board.

3. A certificate of registration may not be issued orrenewed by the Board 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 Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2107; A 2005, 2700, 2807)

NRS 623.225 Payment of child support: Submissionof certain information by applicant; grounds for denial of certificate; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to 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 and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a certificate ofregistration to practice architecture or residential design or to practice as aregistered interior designer shall submit to the Board the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

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

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration; or

(b) A separate form prescribed by the Board.

3. A certificate of registration may not be issued orrenewed by the Board 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 Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2107; A 2005, 2700, 2807, effective onthe 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)

NRS 623.230 Officialregister of certificates of registration. TheSecretary of the Board shall keep an official register of all certificates ofregistration to practice:

1. Architecture or residential design; or

2. As a registered interior designer,

issued andrenewed pursuant to the provisions of this chapter. The register must beproperly indexed and open for public inspection and information.

[23:220:1949; 1943 NCL 537.23](NRS A 1959, 492;1975, 583; 1995, 1700; 1997, 204)

NRS 623.250 Renewalof certificate: Issuance of card; fee.

1. Each architect, registered interior designer orresidential designer who wishes to renew a certificate of registration issuedto him pursuant to the provisions of this chapter must submit to the Board:

(a) The fees required for renewal pursuant to theprovisions of this chapter;

(b) Proof of compliance with all of the requirementsestablished by the Board for continuing education for the renewal of thecertificate of registration; and

(c) All information required to complete the renewal.

2. Upon receipt of the fees required for renewal,proof satisfactory to the Board of compliance with all of the requirementsestablished by the Board for continuing education and all information requiredto complete the renewal, the Secretary of the Board shall execute and issue acertificate renewal card to the applicant, certifying that his certificate ofregistration is renewed for 1 year after its date of expiration. The certificaterenewal card must bear a serial number and the signature or a facsimile thereofof the Secretary of the Board or the Executive Director and must bear the sealof the Board.

3. The renewal must be recorded, together with itsserial number, by the Secretary of the Board in the official register of theBoard pursuant to the provisions of NRS623.230.

[25:220:1949; 1943 NCL 537.25](NRS A 1959, 492;1963, 820; 1975, 584; 1981, 759; 1983, 1923; 1995, 1701; 1997, 86, 204, 2110; 2001, 1789; 2005, 2701, 2807)

NRS 623.255 Renewalof certificate: Continuing education. TheBoard may, by regulation, require each architect, registered interior designeror residential designer who holds a certificate of registration pursuant to theprovisions of this chapter to complete not more than 12 hours per year ofcontinuing education as a condition to the renewal of his certificate.

(Added to NRS by 1997, 86; A 1997, 208, 1409; 1999, 400)

NRS 623.260 Renewalof certificate after expiration.

1. Except as otherwise provided in subsection 2, anyholder of a certificate of registration which has expired through failure to berenewed may obtain a renewal of such certificate, at any time within 1 yearfrom the date of its expiration, upon application to and with the approval ofthe Board. The time for renewal of such expired certificate may be extended atthe discretion of the Board.

2. The Board may, by regulation, provide for the laterenewal of a certificate of registration which has not been renewed within 1year after the date of its expiration.

[26:220:1949; 1943 NCL 537.26](NRS A 1959, 492;1993, 2469)

DISCIPLINARY ACTION

NRS 623.270 Grounds;conditions for probation; orders imposing discipline deemed public records;private reprimands prohibited.

1. The Board may place the holder of any certificateof registration issued pursuant to the provisions of this chapter on probation,publicly reprimand him, fine him not more than $10,000, suspend or revoke hislicense, impose the costs of investigation and prosecution upon him or take anycombination of these disciplinary actions for any of the following acts:

(a) The certificate was obtained by fraud orconcealment of a material fact.

(b) The holder of the certificate has been found guiltyby the Board or by a court of justice of any fraud, deceit or concealment of amaterial fact in his professional practice, or has been convicted by a court ofjustice of a crime involving moral turpitude.

(c) The holder of the certificate has been found guiltyby the Board of incompetency, negligence or gross negligence in:

(1) The practice of architecture or residentialdesign; or

(2) His practice as a registered interiordesigner.

(d) The holder of a certificate has affixed hissignature or seal to plans, drawings, specifications or other instruments ofservice which have not been prepared by him or in his office, or under hisresponsible control, or has permitted the use of his name to assist any personwho is not a registered architect, registered interior designer or residentialdesigner to evade any provision of this chapter.

(e) The holder of a certificate has aided or abetted anyunauthorized person to practice:

(1) Architecture or residential design; or

(2) As a registered interior designer.

(f) The holder of the certificate has violated any law,regulation or code of ethics pertaining to:

(1) The practice of architecture or residentialdesign; or

(2) Practice as a registered interior designer.

(g) The holder of a certificate has failed to complywith an order issued by the Board or has failed to cooperate with aninvestigation conducted by the Board.

2. The conditions for probation imposed pursuant tothe provisions of subsection 1 may include, but are not limited to:

(a) Restriction on the scope of professional practice.

(b) Peer review.

(c) Required education or counseling.

(d) Payment of restitution to each person who sufferedharm or loss.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

4. The Board shall not privately reprimand the holderof any certificate of registration issued pursuant to this chapter.

5. As used in this section:

(a) Gross negligence means conduct which demonstratesa reckless disregard of the consequences affecting the life or property ofanother person.

(b) Incompetency means conduct which, in:

(1) The practice of architecture or residentialdesign; or

(2) Practice as a registered interior designer,

demonstratesa significant lack of ability, knowledge or fitness to discharge a professionalobligation.

(c) Negligence means a deviation from the normalstandard of professional care exercised generally by other members in:

(1) The profession of architecture orresidential design; or

(2) Practice as a registered interior designer.

[27:220:1949; 1943 NCL 537.27](NRS A 1959, 492;1963, 821; 1973, 1698; 1975, 584; 1979, 1897; 1983, 1923; 1985, 1455; 1993,883, 2469; 1995, 1701; 1997, 204; 2001, 1789; 2003, 3419; 2005, 752)

NRS 623.280 Revocationof certificate: Notice; report of findings. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

 

NRS 623.285 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate. [Expires by limitation 2years after 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.]

1. If the Board 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 a person who is the holder of acertificate of registration to practice architecture or residential design orto practice as a registered interior designer, the Board shall deem thecertificate of registration issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the certificate of registrationby the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thecertificate of registration has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a certificate ofregistration to practice architecture or residential design or to practice as aregistered interior designer that has been suspended by a district courtpursuant to NRS 425.540 if the Boardreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose certificate of registration was suspended stating that the person whosecertificate of registration was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2108; A 2005, 2807)

NRS 623.290 Entryand notice of penalty. If the registration ofan architect, registered interior designer or residential designer is suspendedor revoked, or he is given a written reprimand, notation of the penalty must beentered in the register of architects, register of registered interiordesigners or register of residential designers and in his personnel file.Notification of the suspension, revocation or written reprimand must be sent tothe National Council of Architectural Registration Boards or the NationalCouncil for Interior Design Qualification, as appropriate.

[29:220:1949; 1943 NCL 537.29](NRS A 1959, 493;1973, 1699; 1975, 584; 1979, 1898; 1995, 1702; 2005, 754)

NRS 623.300 Applicationfor reinstatement of certificate after revocation. Ifthe Board revokes a certificate of registration, the person whose certificatehas been revoked may apply for reinstatement of the certificate pursuant to theprovisions of chapter 622A of NRS.

[30:220:1949; 1943 NCL 537.30](NRS A 1993, 2470; 2005, 754)

FEES

NRS 623.310 Fees. The Board shall, by regulation, adopt a fee schedule whichmay not exceed the following:

 

For an examination for a certificate................................................................. $800.00

For rewriting an examination or a part or parts failed.................................... 800.00

For a processing fee for an examination for registration asan architect...... 50.00

For a certificate of registration.......................................................................... 125.00

For a temporary certificate of registration....................................................... 500.00

For initial registration or renewal of registration............................................ 300.00

For the late renewal of an expired certificate within 1 yearafter its expiration 220.00

For the late renewal of a certificate which has been expiredfor more than 1 year but not more than 3 years 300.00

For the reinstatement of a revoked certificate................................................ 500.00

For change of address............................................................................................ 5.00

For replacement of a certificate........................................................................... 30.00

For application forms............................................................................................ 25.00

For photostatic copies, each sheet...................................................................... 0.25

 

[31:220:1949; 1943 NCL 537.31](NRS A 1959, 493;1963, 821; 1973, 1699; 1979, 1898; 1981, 760; 1983, 1924; 1985, 1456; 1993,2470; 1997, 222; 2005,754)

MISCELLANEOUS PROVISIONS

NRS 623.330 Exemptions;civil and criminal liability.

1. The following persons are exempt from theprovisions of this chapter:

(a) A person engaging in architectural work as anemployee of a registered architect or residential designer, if the work doesnot include responsible charge of design or supervision, or a consultantretained by a registered architect or residential designer.

(b) A person hired by the Federal Government topractice architecture on federal land.

(c) A professional engineer licensed pursuant to theprovisions of chapter 625 of NRS who designsbuildings as permitted by chapter 625 of NRS.

(d) A contractor licensed pursuant to the provisions ofchapter 624 of NRS who provides his owndrawings for his own construction activities.

(e) Any person who prepares plans, drawings orspecifications for:

(1) Buildings for his own private residentialuse;

(2) Farm or ranch buildings used as such; or

(3) Buildings owned by that person or hisemployer when an architect, a registered interior designer, a residentialdesigner or a licensed professional engineer is also engaged by that person orhis employer for work on the same building.

(f) A person engaging in work related to interiordesign as an employee of a registered interior designer, if the work does notinclude responsible charge of interior design or supervision, or a consultantretained by a registered interior designer.

(g) Any person who prepares drawings of the layout ofmaterials or furnishings used in interior design or provides assistance in theselection of materials or furnishings used in interior design, including,without limitation:

(1) Decorative accessories;

(2) Wallpaper, wallcoverings or paint;

(3) Linoleum, tile, carpeting or floorcoverings;

(4) Draperies, blinds or window coverings;

(5) Lighting fixtures which are not part of astructure;

(6) Plumbing fixtures which are not a part of astructure; and

(7) Furniture or equipment,

if thepreparation or implementation of those drawings or the installation of thosematerials or furnishings is not regulated by any building code or other law,ordinance, rule or regulation governing the alteration or construction of astructure.

(h) Any person who holds a certificate of registrationissued by the State Fire Marshal to provide approved interior materials andfurnishings used in interior design to the extent authorized by thecertificate.

2. Any person exempted by the provisions of thissection is not thereby absolved from any civil or criminal liability that mightotherwise accrue.

3. The exemptions provided by this section do notentitle any person who does not hold a certificate of registration to holdhimself out to the public or advertise himself as an architect, registeredinterior designer or residential designer.

[33:220:1949; 1943 NCL 537.33](NRS A 1959, 494;1963, 821; 1973, 1699; 1975, 585; 1979, 1898; 1983, 1924; 1993, 2471; 1995,1702; 1997, 1035; 1999,2548)

NRS 623.333 Architector residential designer not required to obtain certificate of registration topractice as registered interior designer.

1. An architect who is registered pursuant to theprovisions of this chapter is not required to obtain a certificate ofregistration to practice as a registered interior designer.

2. A residential designer who is registered pursuantto the provisions of this chapter is not required to obtain a certificate ofregistration to practice as a registered interior designer while engaged in thepractice of residential design.

(Added to NRS by 1995, 1694; A 1997, 206; 2001, 1790)

NRS 623.335 Immunityfrom civil liability for furnishing information to Board or otherwise assistingin investigation or prosecution. In additionto any other immunity provided by the provisions of chapter 622A of NRS:

1. Any person who furnishes information concerning anapplicant for registration or a holder of a certificate of registration in goodfaith and without malicious intent is immune from any civil action forfurnishing that information.

2. The Board, any member, employee or committee of theBoard, counsel, investigator, expert, hearing officer, registrant or otherperson who assists the Board in the investigation or prosecution of an allegedviolation of a provision of this chapter, a proceeding concerning licensure orreissuance of a license or a criminal prosecution is immune from any civilliability for:

(a) Any decision or action taken in good faith andwithout malicious intent in response to information acquired by the Board.

(b) Disseminating information concerning an applicantfor registration or a registrant to any other licensing board, nationalassociation of registered boards, an agency of the Federal Government or of theState, the Attorney General or any law enforcement agency.

(Added to NRS by 1995, 1695; A 2005, 754)

NRS 623.349 Formationof business organizations or associations with persons outside of field ofpractice or with unregistered or unlicensed persons: Conditions; limitations.

1. Architects, registered interior designers,residential designers, professional engineers and landscape architects may joinor form a partnership, corporation, limited-liability company or other businessorganization or association with registrants and licensees outside of theirfield of practice, or with persons who are not registered or licensed, ifcontrol and two-thirds ownership of the business organization or association isheld by persons registered or licensed in this State pursuant to the applicableprovisions of this chapter, chapter 623A or 625 of NRS.

2. If a partnership, corporation, limited-liabilitycompany or other form of business organization or association wishes topractice pursuant to the provisions of this section, it must:

(a) Demonstrate to the Board that it is in compliancewith all provisions of this section.

(b) Pay the fee for a certificate of registrationpursuant to NRS 623.310.

(c) Qualify to do business in this State.

(d) If it is a corporation, register with the Board andfurnish to the Board a complete list of all stockholders when it first fileswith the Board and annually thereafter within 30 days after the annual meetingof the stockholders of the corporation, showing the number of shares held byeach stockholder.

(e) If it is a partnership, limited-liability companyor other form of business organization or association, register with the Boardand furnish to the Board such information analogous to that required byparagraph (d) as the Board may prescribe by regulation.

3. A partnership, corporation, limited-liabilitycompany or other form of business organization or association practicing underthe provisions of this section may not perform, promote or advertise theservices of a registrant or licensee unless that registrant or licensee is anowner of the business organization or association.

4. As used in this section, control means the director indirect possession of the power to direct or cause the direction of themanagement and policies of a business organization or association.

(Added to NRS by 1997, 1406)

NRS 623.350 Businessorganization or association engaged in practice of architecture or residentialdesign, or practice as registered interior designer: Responsible control ofwork by architect, registered interior designer or residential designer;exception; violation of provisions of chapter.

1. Each office or place of business in this State ofany partnership, corporation, limited-liability company or other businessorganization or association that engages in the practice of architecture orresidential design, or practice as a registered interior designer pursuant tothe provisions of NRS 623.349 must havean architect, registered interior designer or residential designer who is aresident of this State and holds a certificate of registration issued pursuantto this chapter regularly working in the office or place of business and havingresponsible control for the architectural work or work relating to engaging inpractice as a registered interior designer conducted in the office or place ofbusiness. The provisions of this subsection do not apply to partnerships,corporations, limited-liability companies or other business organization orassociations that engage in the practice of architecture or residential designor practice as a registered interior designer at offices established forconstruction administration.

2. A registrant or licensee practicing in a businessorganization or association which holds a certificate issued pursuant to NRS 623.349 remains subject to NRS 89.220.

3. If a person who is not registered or licensed, or aregistrant or licensee who is not an owner, and who is employed by or affiliatedwith a business organization or association which holds a certificate issuedpursuant to NRS 623.349 is found by theBoard to have violated a provision of this chapter or a regulation of theBoard, the Board may hold the business organization or association and theregistrants and licensees who are owners responsible for the violation.

[35:220:1949; 1943 NCL 537.35](NRS A 1969, 706;1975, 354; 1979, 1899; 1985, 585, 983; 1993, 2471; 1995, 1703; 1997, 1036,1407; 2001, 1790)

NRS 623.353 Residentialdesigner under responsible control of registered architect. A residential designer shall not engage in renderingservices for any building or structure not specified in NRS 623.025 unless he does so under the responsiblecontrol of a registered architect. In such cases, the architect is the sole contractingparty, has full responsibility for the work performed by the residentialdesigner, shall supervise any work performed by the residential designer andshall file the agreement between the residential designer and the architectwith the Secretary of the Board within 10 days after the execution of theagreement.

(Added to NRS by 1975, 579; A 1993, 2471; 2001, 1791)

NRS 623.354 Registeredinterior designers authorized to collaborate with members of certainprofessions; limitations. A registeredinterior designer may collaborate in the completion of a project for thealteration or construction of an interior area of a structure designed forhuman habitation or occupancy with members of not more than two of thefollowing professions or disciplines of professional engineering:

1. Architecture, as that profession is regulatedpursuant to the provisions of chapter 623 ofNRS;

2. Electrical engineering, as that discipline isregulated pursuant to the provisions of chapter625 of NRS;

3. Mechanical engineering, as that discipline isregulated pursuant to the provisions of chapter625 of NRS; and

4. Structural engineering, as that discipline isregulated pursuant to the provisions of chapter625 of NRS.

(Added to NRS by 1995, 1694)

NRS 623.357 Allegationand proof of registered status in action for compensation. No person, firm, copartnership, association or otherorganization may bring or maintain any action in the courts of this State forthe collection of compensation for the performance of any act or contract forwhich registration is required by this chapter without alleging and provingthat such plaintiff was duly registered under this chapter at all times duringthe performance of such act or contract.

(Added to NRS by 1975, 580)

PROHIBITED ACTS; ENFORCEMENT; PENALTIES

NRS 623.360 Prohibitedacts; penalties; injunctive relief.

1. It is unlawful for any person to:

(a) Hold himself out to the public or to solicit businessas an architect, registered interior designer or residential designer in thisState without having a certificate of registration or temporary certificateissued by the Board. This paragraph does not prohibit a person who is exempt,pursuant to NRS 623.330, from theprovisions of this chapter from holding himself out to the public or solicitingbusiness as an interior designer.

(b) Advertise or put out any sign, card or other devicewhich indicates to the public that he is an architect, registered interiordesigner or residential designer or that he is otherwise qualified to:

(1) Engage in the practice of architecture orresidential design; or

(2) Practice as a registered interior designer,

withouthaving a certificate of registration issued by the Board.

(c) Engage in the practice of architecture orresidential design or practice as a registered interior designer without acertificate of registration issued by the Board.

(d) Violate any other provision of this chapter.

2. Any person who violates any of the provisions ofsubsection 1:

(a) For the first violation, is guilty of a misdemeanorand shall be punished by a fine of not less than $500 nor more than $1,000, andmay be further punished by imprisonment in the county jail for not more than 6months.

(b) For the second or any subsequent violation, isguilty of a gross misdemeanor and shall be punished by a fine of not less than$1,000 nor more than $2,000, and may be further punished by imprisonment in thecounty jail for not more than 1 year.

3. If any person has engaged or is about to engage inany acts or practices which constitute or will constitute an offense againstthis chapter, the district court of any county, on application of the Board,may issue an injunction or other appropriate order restraining such conduct.Proceedings pursuant to this subsection are governed by Rule 65 of the NevadaRules of Civil Procedure, except that no bond or undertaking is required in anyaction commenced by the Board.

[36:220:1949; 1943 NCL 537.36](NRS A 1959, 494;1967, 639; 1973, 1699; 1975, 353; 1979, 1489, 1899; 1993, 2472; 1995, 1704;1997, 206)

NRS 623.365 Civilpenalty. In addition to any other civilpenalty provided by law, a person who violates any provision of this chapter orany regulation adopted by the Board is subject to a civil penalty of not morethan $10,000 for each violation. Any such penalty must be imposed by the Boardat a hearing conducted pursuant to the provisions of chapter 622A of NRS.

(Added to NRS by 1995, 1695; A 1997, 88; 2005, 755)

NRS 623.370 Districtattorney to prosecute violations. The districtattorney in each county shall prosecute by court action all cases of violationof any of the provisions of this chapter occurring in his jurisdiction as maybe presented for such court action by the Board.

[37:220:1949; 1943 NCL 537.37]

 

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