[Rev. 11/21/2013 11:54:15 AM--2013]

CHAPTER 461 - MANUFACTURED BUILDINGS

NRS 461.020           Applicability of chapter.

NRS 461.030           Declaration of legislative intent.

NRS 461.040           Definitions.

NRS 461.050           “Approval” defined.

NRS 461.065           “Division” defined.

NRS 461.070           “Dwelling unit” defined.

NRS 461.080           “Factory-built housing” defined.

NRS 461.090           “First user” defined.

NRS 461.100           “Habitable room” defined.

NRS 461.110           “Installation” defined.

NRS 461.120           “Local enforcement agency” defined.

NRS 461.130           “Manufacture” and “fabricate” defined.

NRS 461.132           “Manufactured building” defined.

NRS 461.140           “Mobile home” defined.

NRS 461.143           “Modular building” defined.

NRS 461.145           “Modular component” defined.

NRS 461.147           “Recreational park trailer” defined.

NRS 461.150           “Residential building” defined.

NRS 461.160           “Site” defined.

NRS 461.170           Division required to adopt by regulation nationally recognized codes and standards for construction, reconstruction and alteration.

NRS 461.173           Restriction on adoption of regulations concerning construction, maintenance, operation and safety of building, structure or other property.

NRS 461.175           Minimal standards for plumbing fixtures.

NRS 461.180           Schedule of fees.

NRS 461.183           Fund for Manufactured Housing: Deposit of fees; use.

NRS 461.190           Insignia of approval.

NRS 461.210           Approved building may not be modified without prior approval from Division.

NRS 461.220           Power of Division to require tests or proof of compliance.

NRS 461.230           Appeal to be heard by local agency or Division; regulations concerning appeal.

NRS 461.240           Enforcement: Duties of Division; delegation of authority.

NRS 461.250           Enforcement: Powers of Division.

NRS 461.260           Enforcement and inspection of installation; zoning and other restrictive powers of local authority reserved; certificate of occupancy issued by Division; inspection of Nevada manufacturers.

NRS 461.270           Penalties.

NRS 461.280           Limitation of right of action.

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      NRS 461.020  Applicability of chapter.  Except as otherwise provided in NRS 461.175, the provisions of this chapter apply to all factory-built housing manufactured after July 1, 1971 and to all other manufactured buildings and modular components manufactured after July 1, 1973.

      (Added to NRS by 1971, 1311; A 1973, 454; 1991, 1169)

      NRS 461.030  Declaration of legislative intent.

      1.  The Legislature hereby finds and declares that in an effort to meet the housing needs within the State of Nevada, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs, and that the mass production of housing, consisting primarily of factory manufacture of dwelling units or habitable rooms thereof, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.

      2.  The Legislature further finds and declares that by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the State.

      3.  The Legislature further finds that industrialized types of construction have expanded to include office buildings, schools, nursing homes, motels and buildings other than dwellings. Modular buildings or modular components, or both, arrive at the construction site in a closed panel condition, making inspections by the local enforcement agency difficult. This chapter is intended to provide means for determining whether these manufactured buildings or components, or both, meet with state and local adopted code standards and specifications and also to encourage the advantages of new building construction technology.

      (Added to NRS by 1971, 1311; A 1973, 455)

      NRS 461.040  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461.050 to 461.160, inclusive, have the meanings ascribed to them in such sections.

      (Added to NRS by 1971, 1311; A 1973, 455; 1979, 1219; 2001, 1727)

      NRS 461.050  “Approval” defined.  “Approval” means conforming to the requirements, and obtaining the approval, of the Division.

      (Added to NRS by 1971, 1311; A 1979, 1219)

      NRS 461.065  “Division” defined.  “Division” means the Manufactured Housing Division of the Department of Business and Industry.

      (Added to NRS by 1979, 1219; A 1993, 1635)

      NRS 461.070  “Dwelling unit” defined.  “Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

      (Added to NRS by 1971, 1311)

      NRS 461.080  “Factory-built housing” defined.  “Factory-built housing” means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on-site in accordance with regulations adopted by the Division pursuant to NRS 461.170, but does not include a mobile home or recreational park trailer.

      (Added to NRS by 1971, 1311; A 1979, 1219; 2001, 1727)

      NRS 461.090  “First user” defined.  “First user” means the person, firm or corporation that initially installs factory-built housing or manufactured buildings within this State. A person who subsequently purchases a building which wholly or partially consists of factory-built housing or manufactured buildings is not a first user within the meaning of this definition.

      (Added to NRS by 1971, 1312; A 1973, 455)

      NRS 461.100  “Habitable room” defined.  “Habitable room” means any room meeting the requirements of this chapter designed for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, connecting corridors, unfinished attics, laundries, foyers, storage spaces, cellars, utility rooms and similar spaces.

      (Added to NRS by 1971, 1312)

      NRS 461.110  “Installation” defined.  “Installation” means the assembly of any factory-built housing or any manufactured building on-site and the process of affixing such factory-built housing or manufactured building to land, a foundation, footings or an existing building.

      (Added to NRS by 1971, 1312; A 1973, 455)

      NRS 461.120  “Local enforcement agency” defined.  “Local enforcement agency” means any county or incorporated city or town, including Carson City, in which factory-built housing or any manufactured building is installed.

      (Added to NRS by 1971, 1312; A 1973, 455)

      NRS 461.130  “Manufacture” and “fabricate” defined.  “Manufacture” or “fabricate” is the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semifinished materials.

      (Added to NRS by 1971, 1312; A 1973, 455)

      NRS 461.132  “Manufactured building” defined.  “Manufactured building” means any modular building or any building which is constructed in whole or in substantial part using modular components, but does not include a recreational park trailer.

      (Added to NRS by 1973, 454; A 2001, 1727; 2009, 1935)

      NRS 461.140  “Mobile home” defined.  “Mobile home” means a vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling when connected to utilities.

      (Added to NRS by 1971, 1312)

      NRS 461.143  “Modular building” defined.  “Modular building” means an office, apartment, school, motel or other building, whether it is a total building or a room, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on-site in accordance with regulations adopted by the Division pursuant to NRS 461.170, but does not include a mobile home or recreational park trailer.

      (Added to NRS by 1973, 454; A 1979, 1219; 2001, 1728)

      NRS 461.145  “Modular component” defined.  “Modular component” means any closed unit of construction which bears or requires any electrical, plumbing, heating, air-conditioning or any other mechanical connection.

      (Added to NRS by 1973, 454)

      NRS 461.147  “Recreational park trailer” defined.  “Recreational park trailer” has the meaning ascribed to it in NRS 482.1005.

      (Added to NRS by 2001, 1727)

      NRS 461.150  “Residential building” defined.  “Residential building” means any structure designed solely for dwelling occupancy, containing one or more dwelling units and structures accessory thereto.

      (Added to NRS by 1971, 1312)

      NRS 461.160  “Site” defined.  “Site” is the entire tract, subdivision or parcel of land on which factory-built housing or any manufactured building is installed.

      (Added to NRS by 1971, 1312; A 1973, 455)

      NRS 461.170  Division required to adopt by regulation nationally recognized codes and standards for construction, reconstruction and alteration.

      1.  The Division shall adopt by regulation nationally recognized codes and standards for the construction of factory-built housing, manufactured buildings and modular components.

      2.  The Division shall adopt regulations for the:

      (a) Reconstruction; and

      (b) Alteration, including, without limitation, alteration to a plumbing, heating or electrical system,

Ê of factory-built housing, manufactured buildings and modular components that are consistent with nationally recognized codes and standards.

      3.  If approved in writing by the Division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section.

      (Added to NRS by 1971, 1312; A 1979, 1220; 1985, 373; 1993, 232; 1999, 928; 2007, 385)

      NRS 461.173  Restriction on adoption of regulations concerning construction, maintenance, operation and safety of building, structure or other property.  Before the Division may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Division shall consult with the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      (Added to NRS by 2011, 3576; A 2013, 397)

      NRS 461.175  Minimal standards for plumbing fixtures.

      1.  Except as otherwise provided in subsection 2, each manufactured building on which construction begins on or after March 1, 1992, must incorporate the following minimal standards for plumbing fixtures:

      (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

      (b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.

      (c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

      2.  Each manufactured building on which construction begins on or after March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

      (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

      (b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.

      (c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

      (Added to NRS by 1991, 1169)

      NRS 461.180  Schedule of fees.  The Division shall establish a schedule of fees to cover the costs incurred by the Division in the administration and enforcement of the provisions of this chapter and the regulations established by the Division.

      (Added to NRS by 1971, 1313; A 1979, 1220)

      NRS 461.183  Fund for Manufactured Housing: Deposit of fees; use.  Except as otherwise provided in NRS 489.265, all fees collected pursuant to this chapter must be deposited in the State Treasury for credit to the Fund for Manufactured Housing. All expenses for the enforcement of this chapter must be paid from the Fund.

      (Added to NRS by 1981, 1195; A 1985, 295; 1995, 956)

      NRS 461.190  Insignia of approval.

      1.  Factory-built housing manufactured after the effective date of the regulations for that housing adopted pursuant to this chapter which is sold or offered for sale to a first user within this State must bear an insigne of approval issued by the Division.

      2.  A manufactured building fabricated after the effective date of the regulations for that building adopted pursuant to this chapter which is sold or offered for sale to a first user within this State must bear an insigne of approval issued by the Division.

      3.  The Division may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes and standards adopted pursuant to NRS 461.170 to signify compliance with all the provisions of NRS 461.170.

      4.  The Division may provide by regulation for the approval of any factory-built housing or manufactured building which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all the codes and standards adopted pursuant to NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the Division.

      (Added to NRS by 1971, 1313; A 1973, 456; 1979, 1220; 1999, 929; 2007, 385)

      NRS 461.210  Approved building may not be modified without prior approval from Division.  No factory-built housing or manufactured building bearing a division insigne of approval pursuant to NRS 461.190 may be in any way modified before or during installation unless approval is first obtained from the Division.

      (Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)

      NRS 461.220  Power of Division to require tests or proof of compliance.  Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to the standards set by the regulations of the Division, it may require tests or proof of compliance to be made at the expense of the manufacturer or the manufacturer’s agent, subject to a right of appeal.

      (Added to NRS by 1971, 1313; A 1973, 75; 1979, 1221)

      NRS 461.230  Appeal to be heard by local agency or Division; regulations concerning appeal.

      1.  The Division shall hear appeals brought by any person regarding the application to that person of any regulation of the Division adopted pursuant to this chapter. Any appeal must first be submitted to the local enforcement agency, if any, delegated by the Division to enforce the provisions of this chapter. The Division may not hear any appeal regarding any local ordinance, rule or regulation related to the installation of factory-built housing or manufactured buildings.

      2.  The Division may adopt regulations pertaining to the hearing of appeals under the provisions of this section.

      (Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)

      NRS 461.240  Enforcement: Duties of Division; delegation of authority.

      1.  Except as otherwise provided in subsection 2 and NRS 461.260, the Division shall enforce every provision of this chapter and the regulations adopted pursuant to the provisions of this chapter.

      2.  The Division may delegate its enforcement authority to local government agencies by written contract.

      (Added to NRS by 1971, 1313; A 1979, 1221; 1999, 929)

      NRS 461.250  Enforcement: Powers of Division.

      1.  The Administrator of the Division or any person authorized by the Administrator may institute any appropriate action to enforce this chapter, or to prevent, restrain, correct or abate any violation of this chapter.

      2.  In order properly to carry out the provisions of this chapter, the Administrator of the Division or any person authorized by the Administrator may:

      (a) Conduct hearings;

      (b) Issue subpoenas; and

      (c) Administer oaths.

      (Added to NRS by 1971, 1314; A 1979, 1221)

      NRS 461.260  Enforcement and inspection of installation; zoning and other restrictive powers of local authority reserved; certificate of occupancy issued by Division; inspection of Nevada manufacturers.

      1.  In a county whose population is 700,000 or more, local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

      2.  In a county whose population is less than 700,000, local enforcement agencies may enforce and inspect the installation of factory-built housing and manufactured buildings. If a local enforcement agency fails or refuses to enforce and inspect the installation of any factory-built housing or manufactured building in its jurisdiction within 10 days after receipt of a request to inspect the installation, the Division shall enforce and inspect the installation.

      3.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

      4.  If, upon a final inspection conducted pursuant to subsection 2, the Division determines that the factory-built housing or manufactured building meets all requirements established for the installation of the factory-built housing or manufactured building and all applicable requirements described in subsection 3, the Division shall issue a certificate of occupancy for the factory-built housing or manufactured building. The Division may adopt such regulations as it determines necessary to carry out its duties pursuant to this section. The regulations may establish fees for inspections and the issuance of certificates of occupancy.

      5.  A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to ensure compliance with all the provisions of NRS 461.170. Before conducting an initial inspection of any such manufacturer, a local government authority must give 10 days’ written notice to the Administrator of the Division. The local government authority is not required to give notice to the Administrator before conducting subsequent inspections of the manufacturer.

      (Added to NRS by 1971, 1314; A 1973, 456; 1975, 977; 1979, 1221; 1999, 929; 2003, 583; 2011, 1279)

      NRS 461.270  Penalties.  Any person who violates any of the provisions of this chapter or any regulations adopted pursuant to this chapter shall be punished by a fine not exceeding $2,500 or by imprisonment not exceeding 30 days, or by both fine and imprisonment.

      (Added to NRS by 1971, 1314; A 1985, 295; 1999, 930)

      NRS 461.280  Limitation of right of action.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division or any of its officers or employees in carrying out the provisions of this chapter.

      (Added to NRS by 2009, 1935)