[Rev. 11/22/2013 9:15:59 AM--2013]

[NAC-461 Revised Date: 1-12]

CHAPTER 461 - MANUFACTURED BUILDINGS

GENERAL PROVISIONS

461.010            Applicability of chapter.

461.020            Definitions.

461.050            “Manufactured building” defined: Commercial coaches included for certain purposes.

APPROVAL; FEES

461.100            Application for approval by Administrator of manufacturer’s system of construction and plans

461.110            Action by Administrator on application for approval.

461.113            Approval of third-party reviewers.

461.115            Submission of certain information regarding third-party reviewer.

461.117            Prerequisites to submission and approval of plans; duties of reviewer.

461.120            Approval of alternative materials and methods of construction.

461.125            Labeling of plumbing fixtures in certain manufactured buildings.

461.130            Insigne required on product before removal from plant.

461.140            Application for insigne.

461.150            Transferability and ownership of insignia.

461.160            Lost or damaged insignia.

461.170            Serial numbers on products.

461.180            Notice of change of name, address, ownership or management.

461.190            Changes to approved plans.

461.200            Revocation of approval of Administrator.

461.205            Adoption of certain codes by reference; modifications.

461.207            Effect of changes to technical codes.

461.210            Fees.

ENFORCEMENT

461.300            Inspection of plant and products of manufacturer.

461.310            Inspections by Division.

461.320            Contracts for performance of inspections.

461.330            Conditions for approval of private agency as an inspector.

461.340            Duties of inspector.

461.350            Liability for cost of removal or replacement of material during inspection.

461.360            Manufacturers’ records of inspection.

461.370            Tests to determine compliance.

461.380            Procedure after violation is found.

461.390            Complaints by owners.

461.400            Stop orders.

 

 

 

GENERAL PROVISIONS

      NAC 461.010  Applicability of chapter. (NRS 461.170)

     1.  Except as otherwise provided in subsection 2, this chapter applies to the design and construction of any factory-built housing, manufactured building or modular component that is:

     (a) To be installed permanently on a building site within the State of Nevada as an improvement to real property; and

     (b) Manufactured at one location to be installed at another location.

     2.  Except as otherwise provided in NAC 461.050, this chapter does not apply to any:

     (a) Commercial coach;

     (b) Factory-built housing, manufactured building or modular component that may be substantially inspected during its installation at the job site;

     (c) Manufactured home, as defined in NRS 489.113; or

     (d) Mobile home.

     [Mfd. Housing Div., Factory-built Housing Reg. § 2, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.020  Definitions. (NRS 461.170)

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

     2.  “Administrator” means the Administrator of the Division.

     3.  “Commercial coach” has the meaning ascribed to it in NRS 489.062.

     4.  “Design professional” means a person who holds a certificate of registration as an architect or residential designer pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

     5.  “Manufacturer” means a manufacturer of factory-built housing, manufactured buildings or modular components.

     6.  “Reviewer” means a person that reviews a plan for a model of factory-built housing, a manufactured building or a modular component for compliance with technical codes. The term includes the Administrator and a third-party reviewer.

     7.  “Technical codes” means the:

     (a) Codes and standards adopted by NRS 461.170 and 461.175 and NAC 461.205; and

     (b) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto.

     8.  “Third-party reviewer” means a person that is approved by the Administrator pursuant to NAC 461.113 to act as a reviewer.

     [Mfd. Housing Div., Factory-built Housing Reg. § 3, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.050  “Manufactured building” defined: Commercial coaches included for certain purposes. (NRS 461.170)  As used in NAC 461.100 to 461.117, inclusive, 461.130, 461.170, 461.190, 461.207, 461.300 to 461.330, inclusive, 461.360, 461.380 and 461.390, “manufactured building” includes a commercial coach.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

APPROVAL; FEES

      NAC 461.100  Application for approval by Administrator of manufacturer’s system of construction and plans. (NRS 461.170)

     1.  To obtain the Administrator’s approval of a manufacturer’s system of construction or plans for a model of factory-built housing, a manufactured building or a modular component, a manufacturer must file an application with the Division or a third-party reviewer.

     2.  The application must be on a form provided by the Division and accompanied by:

     (a) The appropriate fees.

     (b) Except as otherwise provided in subsections 4 and 6, two sets of plans. The plans must:

          (1) Be prepared by a design professional acting within the scope of his or her authority;

          (2) Be drawn to scale with sufficient clarity and detail to indicate the nature and scope of the work proposed; and

          (3) Bear the stamp of the design professional who prepared the plans and any other stamp, note or endorsement required by the Division.

     3.  If the application is for approval of a system of construction for factory-built housing, manufactured buildings or modular components, the application must be accompanied by two copies of a manual for assurance of quality. The manual must include the name of the owner or responsible employee, the name of the inspector who will control quality, the name of the supervisor of production, and a list of the procedures to be used for inspections, tests, control of quality and keeping of records.

     4.  If the application is for approval of plans for a model of factory-built housing, a manufactured building or a modular component that are reviewed by a third-party reviewer, the plans must bear the stamp of the third-party reviewer as set forth in NAC 461.117.

     5.  The Administrator may require the submission of specifications, engineering calculations and other data.

     6.  The Administrator may waive the requirement for submission of plans, specifications, engineering calculations and other data if the Administrator finds that, because of the nature of the proposed work, his or her examination of such detailed material is not necessary to ensure the manufacturer’s compliance with this chapter.

     [Mfd. Housing Div., Factory-built Housing Reg. § 9, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.110  Action by Administrator on application for approval. (NRS 461.170)

     1.  The Administrator will, in a timely manner, examine an application, plans and other data filed by an applicant.

     2.  If the application is for the initial approval of a system of construction for factory-built housing, manufactured buildings or modular components, the Administrator will perform a quality control audit review of the manufacturing site.

     3.  If the application is for the approval of plans for a model of factory-built housing, a manufactured building or a modular component that are not reviewed by a third-party reviewer, the Administrator will review the plans as set forth in NAC 461.117.

     4.  If the Administrator finds:

     (a) That the work described in an application and plans essentially conforms to the requirements of the technical codes and this chapter; and

     (b) If the application is for approval of a system of construction, that the system passes the review or can pass the review if the system is corrected,

Ę the Administrator will note on the plans or a separate sheet of paper any corrections required and will endorse or stamp the plans as “APPROVED.”

     5.  If the application is filed by the manufacturer, the Administrator will return one set of the approved documents to the applicant for use at the manufacturing site.

     [Mfd. Housing Div., Factory-built Housing Reg. § 11, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.113  Approval of third-party reviewers. (NRS 461.170)

     1.  A person that wishes to act as a third-party reviewer pursuant to this chapter must apply to the Administrator for approval.

     2.  The Administrator will not approve a person as a third-party reviewer unless the person:

     (a) Is in the business of reviewing construction drawings and specifications for factory-built housing, manufactured buildings and modular components;

     (b) Is certified by a nationally recognized association or equivalent organization to perform such reviews;

     (c) Is free of any control by persons involved in the manufacture or supply of factory-built housing, manufactured buildings or modular components; and

     (d) Agrees to provide the Division with any information the Division requests.

     3.  The Division will assign a series of approval numbers to each reviewer. Each number will consist of letters that identify the reviewer and numerals that identify each plan approved by the reviewer.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 461.115  Submission of certain information regarding third-party reviewer. (NRS 461.170)  A manufacturer must, for each third-party reviewer who approves the manufacturer’s plans for a model of factory-built housing, a manufactured building or a modular component, submit to the Division:

     1.  A copy of the contract between the manufacturer and the third-party reviewer or a signed statement by an officer of the third-party reviewer that such a contract exists; and

     2.  An explanation of the procedure used by the third-party reviewer to perform such reviews.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 461.117  Prerequisites to submission and approval of plans; duties of reviewer. (NRS 461.170)

     1.  A manufacturer shall not submit his or her plans for a model of factory-built housing, a manufactured building or a modular component to a reviewer unless the manufacturer’s system of construction is approved by the Administrator pursuant to NAC 461.110.

     2.  A reviewer shall not approve a manufacturer’s plans for a model of factory-built housing, a manufactured building or a modular component unless the plans:

     (a) Comply with all applicable technical codes.

     (b) Comply with the requirements for plans set forth in NAC 461.100.

     (c) Have not been altered or amended or marked to be altered or amended.

     3.  A reviewer that approves a manufacturer’s plans must:

     (a) Affix his or her stamp to each set of plans. The stamp must include the word “APPROVED” and a unique approval number from the series of such numbers assigned to the reviewer pursuant to NAC 461.113.

     (b) Return the original set of plans to the manufacturer.

     (c) Retain one set of plans for not less than 1 year after the expiration of the plans’ approval number. The plans may be retained in physical or electronic form.

Ę A third-party reviewer must submit one set of plans to the Division accompanied by the application and the appropriate fees as set forth in NAC 461.100.

     4.  If a reviewer denies approval to plans prepared by a design professional three or more times in a 12-month period or because the plans contain substantial defects, the reviewer shall notify the Division and the board that licenses or registers the design professional.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 461.120  Approval of alternative materials and methods of construction. (NRS 461.170)

     1.  To the extent that the technical codes do not prohibit a manufacturer’s use of other material or methods of construction than those specifically prescribed in the technical codes, a manufacturer may use an alternative material or method if its use is approved in advance by the Administrator.

     2.  The Administrator will approve such an alternative use if he or she finds that:

     (a) The proposed design is satisfactory and complies with the provisions of the technical codes; and

     (b) The material, method or work will be equal to or better than that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

     3.  A manufacturer must present sufficient evidence to substantiate any claims that he or she makes to the Administrator regarding an alternative use.

     4.  The Division will keep in its files a record of the details of any action granting approval for an alternative use.

     [Mfd. Housing Div., Factory-built Housing Reg. § 7, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.125  Labeling of plumbing fixtures in certain manufactured buildings. (NRS 461.170)

     1.  Each manufactured building on which construction began on or after March 1, 1992, which is:

     (a) Located in this State; and

     (b) Equipped with a toilet, shower apparatus or faucet installed in a lavatory or kitchen,

Ę must have a label affixed to that toilet, shower apparatus or faucet or an area immediately adjacent to it.

     2.  The label must be not less than 1 1/2 inches by 4 inches nor more than 4 inches by 5 inches and:

     (a) If it is for a toilet, set forth the maximum amount of water the toilet uses for each flush;

     (b) If it is for a shower apparatus, contain a statement indicating whether it is equipped with a device to reduce the shower apparatus’s rate of consumption of water per minute pursuant to NRS 461.175; or

     (c) If it is for a faucet, set forth the maximum rate at which water is allowed to flow per minute.

     (Added to NAC by Mfd. Housing Div., 3-26-93, eff. 4-1-93)

      NAC 461.130  Insigne required on product before removal from plant. (NRS 461.170, 461.190)  Each unit of factory-built housing, manufactured building and modular component must bear an insigne of the Division’s approval before the product is removed from the manufacturer’s plant.

     [Mfd. Housing Div., Factory-built Housing Reg. § 23, eff. 8-6-82]

      NAC 461.140  Application for insigne. (NRS 461.170, 461.190)

     1.  Each manufacturer must apply to the Division, on a form provided by the Division, for an insigne of the Division’s approval for each unit, building or component he or she manufactures for sale in Nevada.

     2.  The application may be made with or after the application for approval of his or her plans. The manufacturer must also submit the applicable fees.

     [Mfd. Housing Div., Factory-built Housing Reg. § 25, eff. 8-6-82]

      NAC 461.150  Transferability and ownership of insignia. (NRS 461.170, 461.190)

     1.  Assigned insignia are not transferable without the written approval of the Division.

     2.  Insignia remain the property of the Division.

     [Mfd. Housing Div., Factory-built Housing Reg. § 24, eff. 8-6-82]

      NAC 461.160  Lost or damaged insignia. (NRS 461.170, 461.190)

     1.  A manufacturer shall immediately notify the Division of any insignia which are lost or damaged and shall return any damaged insignia.

     2.  The application may be made with or after the application for approval of his or her plans. The manufacturer must also submit the applicable fees.

     [Mfd. Housing Div., Factory-built Housing Reg. § 26, eff. 8-6-82]

      NAC 461.170  Serial numbers on products. (NRS 461.170)  A manufacturer shall assign to each unit of factory-built housing, manufactured building and modular component a serial number.

     [Mfd. Housing Div., Factory-built Housing Reg. § 27, eff. 8-6-82]

      NAC 461.180  Notice of change of name, address, ownership or management. (NRS 461.170)

     1.  A manufacturer shall give the Division written notice of any:

     (a) Change in his or her name or address.

     (b) Substantial change in the ownership or management of the business.

     2.  The notice must be given within 10 days after the change occurs.

     [Mfd. Housing Div., Factory-built Housing Reg. § 13, eff. 8-6-82]

      NAC 461.190  Changes to approved plans. (NRS 461.170)

     1.  If the Administrator or third-party reviewer has approved a plan for a model of factory-built housing, a manufactured building or a modular component, the manufacturer may not make any substantial change to the structural design or the plumbing, heating or electrical equipment or systems in that model unless he or she first obtains the Administrator’s or third-party’s approval of the proposed change.

     2.  The Administrator or third-party reviewer will consider a proposed change upon receipt of:

     (a) A letter from the manufacturer in which the proposed change is described;

     (b) Two sets of plans for the proposed change; and

     (c) The applicable fee.

     [Mfd. Housing Div., Factory-built Housing Reg. § 10, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.200  Revocation of approval of Administrator. (NRS 461.170)  The Administrator will revoke the approval of a manufacturer’s application and plans if the manufacturer fails to comply with the provisions of this chapter.

     [Mfd. Housing Div., Factory-built Housing Reg. § 12, eff. 8-6-82]

      NAC 461.205  Adoption of certain codes by reference; modifications. (NRS 461.170)  The Division hereby adopts by reference:

     1.  The International Residential Code for One- and Two-Family Dwellings, 2006 edition, published by the International Code Council, with the following modifications:

     (a) Any reference to the International Plumbing Code shall be deemed a reference to the Uniform Plumbing Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials;

     (b) Any reference to the International Electrical Code shall be deemed a reference to the National Electrical Code, 2005 edition;

     (c) Any reference to the International Mechanical Code shall be deemed a reference to the Uniform Mechanical Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials;

     (d) The definition of “manufactured home” set forth in section R202 is deleted and replaced with “has the meaning ascribed to it in NRS 489.113”; and

     (e) Appendix E is deleted.

Ę The International Residential Code for One- and Two-Family Dwellings, 2006 edition, may be obtained from the International Code Council by mail at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5771, or at the Internet address http://www.iccsafe.org. The price is $61.00 for members and $81.50 for nonmembers.

     2.  The International Building Code, 2006 edition, published by the International Code Council with the following modifications:

     (a) Any reference to the International Plumbing Code shall be deemed a reference to the Uniform Plumbing Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials;

     (b) Any reference to the International Electrical Code shall be deemed a reference to the National Electrical Code, 2005 edition;

     (c) Any reference to the International Mechanical Code shall be deemed a reference to the Uniform Mechanical Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials;

     (d) The definition of “manufactured home” set forth in section G201.2 of Appendix G is deleted and replaced with “has the meaning ascribed to it in NRS 489.113”; and

     (e) Section G501 of Appendix G is deleted.

Ę The International Building Code, 2006 edition, may be obtained from the International Code Council by mail at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5771, or at the Internet address http://www.iccsafe.org. The price is $78.75 for members and $105.00 for nonmembers.

     3.  The Uniform Plumbing Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials. This code may be obtained from the International Association of Plumbing and Mechanical Officials by mail at 5001 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmo.org. The price is $74 for members and $93 for nonmembers.

     4.  The Uniform Mechanical Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials. This code may be obtained from the International Association of Plumbing and Mechanical Officials by mail at 5001 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmo.org. The price is $74 for members and $93 for nonmembers.

     5.  The National Electrical Code, 2005 edition, published by the National Fire Protection Association. This code may be obtained from the National Fire Protection Association by mail at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, or at the Internet address http://www.nfpa.org. The price is $67.50 for members and $75.00 for nonmembers.

     6.  The NFPA 101: Life Safety Code, 2006 edition, published by the National Fire Protection Association. This code may be obtained from the National Fire Protection Association by mail at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, or at the Internet address http://www.nfpa.org. The price is $67.50 for members and $75.00 for nonmembers.

     7.  The International Energy Conservation Code, 2006 edition, published by the International Code Council. This code may be obtained from the International Code Council by mail at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5771, or at the Internet address http://www.iccsafe.org. The price is $25.00 for members and $32.50 for nonmembers.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95; A by R192-05, 9-18-2006; R020-07, 10-31-2007; R126-08, 12-17-2008)

      NAC 461.207  Effect of changes to technical codes. (NRS 461.170)  If the technical codes applicable to a system of construction or plan for a model of factory-built housing, a manufactured building or a modular component are changed in any way, including, without limitation, by amendment, repeal or the adoption of a new technical code:

     1.  All approval numbers assigned pursuant to NAC 461.113 expire on the effective date of the regulation or statute that changes the technical code, and the assignment of a new series of approval numbers must be requested by a reviewer.

     2.  All approvals of systems of construction and plans for models of factory-built housing, manufactured buildings or modular components granted by the Administrator pursuant to a former technical code are rescinded on the effective date of the regulation or statute that changes the technical code, and a new approval must be obtained by a manufacturer pursuant to the provisions of this chapter and chapter 461 of NRS before the effective date of the regulation or statute.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 461.210  Fees. (NRS 461.170, 461.180, 489.481)

     1.  The Division will charge and collect fees for its services as follows:

 

For inspecting a plant.......................................

 

$750

For performing any other kind of inspection or service................................................

 

 

$75, or $37.50 per half hour or fraction thereof, whichever amount is greater.

For reviewing the plans for a model of factory-built housing, a manufactured building or a modular component.........................................

 

 

 

 

$100, or $50 per half hour or fraction thereof, whichever amount is greater.

For considering a system of construction for approval.............................................

 

 

$500

For issuing each insigne of approval for each module...............................................

 

 

$50

For replacing an insigne....................................

 

$50

For recording a change in the name of a manufacturer or owner......................

 

 

$50

 

     2.  In addition to the listed fee for performing an inspection, the Division will charge for each inspection the inspector’s:

     (a) Actual expenses for travel;

     (b) Salary; and

     (c) Allowance for per diem.

     3.  The Division will not refund any fee it has collected unless:

     (a) The Division has not incurred the expense for which the fee is charged; or

     (b) A written request for a refund which is justifiable is submitted to the Division within 1 year after payment of the fee.

     4.  For the sale of copies of documents, the Division will charge and collect:

 

For each page of a copy...........................................

 

$0.25

For each copy of a regulation...................................

 

$5.00

 

     [Mfd. Housing Div., Factory-built Housing Reg. § 28, eff. 8-6-82]—(NAC A 9-12-85; 8-23-95; R060-01, 10-30-2001; R052-03, 9-24-2003; R192-05, 9-18-2006)

ENFORCEMENT

      NAC 461.300  Inspection of plant and products of manufacturer. (NRS 461.170)

     1.  The Division will inspect the plant of each manufacturer who has submitted a plan for the Division’s approval.

     2.  Each unit of factory-built housing, manufactured building or modular component must be inspected at least once during its construction. These inspections will be performed by a representative of the Division unless the manufacturer contracts to have the inspections performed by:

     (a) A government agency; or

     (b) A private agency,

Ę approved by the Administrator to perform such inspections.

     [Mfd. Housing Div., Factory-built Housing Reg. §§ 14 & 15, eff. 8-6-82]

      NAC 461.310  Inspections by Division. (NRS 461.170)

     1.  To ensure compliance with this chapter, any employee or agent of the Division may, during normal working hours, enter the premises where factory-built housing, manufactured buildings or modular components are being manufactured.

     2.  The Division may:

     (a) Periodically inspect manufacturing plants as well as units of factory-built housing, manufactured buildings or modular components in the plants, even though they are subject to regular inspections by inspectors from government agencies or private agencies.

     (b) Inspect a plant if the manufacturer moves the operation to another location or if there is a substantial change in construction methods, ownership or management.

     [Mfd. Housing Div., Factory-built Housing Reg. §§ 4 & 20, eff. 8-6-82]

      NAC 461.320  Contracts for performance of inspections. (NRS 461.170)  If a manufacturer’s units of factory-built housing, manufactured buildings or modular components are to be inspected by a government agency or a private agency, the manufacturer must submit to the Division:

     1.  A copy of the contract between the manufacturer and the government agency or private agency or a signed statement by an officer of the government agency or the private agency that such a contract exists;

     2.  An explanation of the agreed method, scope and frequency of the inspections;

     3.  An explanation of the procedure to be used to report the results of the inspections to the Division, including copies of the forms to be used for this purpose;

     4.  An explanation of the procedure to be used to mark, record and ensure the correction of any variance from an approved plan; and

     5.  An explanation of the procedure the inspector will follow and a copy of the document he or she will use to certify that the unit, building or component complies with an approved plan and the applicable regulations.

     [Mfd. Housing Div., Factory-built Housing Reg. § 16, eff. 8-6-82]

      NAC 461.330  Conditions for approval of private agency as an inspector. (NRS 461.170)  The Administrator will not approve a private agency for performing the inspections unless the agency:

     1.  Is in the business of inspecting factory-built housing, manufactured buildings and modular components;

     2.  Is certified by a nationally recognized association or equivalent organization to perform such inspections;

     3.  Is free of any control by persons involved in the manufacture or supply of factory-built housing, manufactured buildings or modular components; and

     4.  Agrees to provide the Division with any pertinent information it requests.

     [Mfd. Housing Div., Factory-built Housing Reg. § 17, eff. 8-6-82]—(NAC A by R192-05, 9-18-2006)

      NAC 461.340  Duties of inspector. (NRS 461.170)

     1.  An inspector shall, for each unit, building or component that he or she inspects, attempt to verify that it:

     (a) Complies with the approved plan; and

     (b) Has been produced according to the manufacturer’s program for controlling quality.

     2.  If the inspector so verifies, he or she shall attach an insigne of the Division’s approval to a visible part of the unit, building or component.

     3.  Within 30 days after the inspector completes such an inspection, he or she shall submit a report of the inspection to the Division.

     [Mfd. Housing Div., Factory-built Housing Reg. § 18, eff. 8-6-82]

      NAC 461.350  Liability for cost of removal or replacement of material during inspection. (NRS 461.170)  Neither the Division nor the inspector is liable for any expense which may be entailed by the removal or replacement of any material if:

     1.  The removal or replacement is required to allow inspection;

     2.  The requirement is reasonable; and

     3.  An alternative method of inspection is not acceptable.

     [Mfd. Housing Div., Factory-built Housing Reg. § 21, eff. 8-6-82]

      NAC 461.360  Manufacturers’ records of inspection. (NRS 461.170)  Each manufacturer shall:

     1.  Keep reports of inspections which show when each unit of factory-built housing, manufactured building or modular component was inspected.

     2.  Retain a report of inspection for at least 1 year after the inspection is made.

     [Mfd. Housing Div., Factory-built Housing Reg. § 22, eff. 8-6-82]

      NAC 461.370  Tests to determine compliance. (NRS 461.170, 461.220)

     1.  Whenever there is sufficient evidence that a manufacturer has not complied with any provision of the technical codes or there is evidence that any material or method of construction he or she is using does not conform to the requirements of those codes, the Division will require a test as evidence of compliance to be made at no expense to the Division.

     2.  If the procedure for conducting such a test is not specified in the technical codes, the procedure must be determined or approved by the Division.

     3.  Each such test must be made by an agency approved by the Division and the Division will retain a report of the test.

     [Mfd. Housing Div., Factory-built Housing Reg. § 8, eff. 8-6-82]

      NAC 461.380  Procedure after violation is found. (NRS 461.170, 461.250)

     1.  If an inspector finds that a unit of factory-built housing, a manufactured building or a modular component is in violation of chapter 461 of NRS, this chapter or the approved plan, he or she shall give notice of the violation to the Division as soon as practicable. The Division will serve the manufacturer with a notice which sets forth the violation. The Division will then remove its insigne of approval and post on the unit, building or component a notice that sale of that unit, building or component is prohibited. Once the notice is posted, sale is prohibited. The notice may be removed only upon written consent by the Division.

     2.  Within 10 days after a manufacturer received a notice of a violation, he or she shall inform the Division in writing of the action taken to correct the deficiency and shall request an inspection of the unit, building or component. The Division may extend the time allowed to correct the deficiency. The manufacturer shall not move the unit, building or component or allow it to be moved until the Division has been notified in writing of its proposed destination and gives written consent for the movement.

     3.  If the Division determines that the deficiency has been corrected, it will, upon receipt of the applicable fees, replace the insigne of approval and remove the notice prohibiting sale.

     [Mfd. Housing Div., Factory-built Housing Reg. § 19, eff. 8-6-82]

      NAC 461.390  Complaints by owners. (NRS 461.170, 461.250)

     1.  Any aggrieved owner of a unit of factory-built housing, a manufactured building or a modular component manufactured pursuant to this chapter may file with the Division a written complaint setting forth the manner in which he or she believes the unit, building or component to have been manufactured in violation of a provision of chapter 461 of NRS or of this chapter.

     2.  Upon receiving such a complaint, the Division will attempt to verify the allegations in the complaint. If verified, the Division will notify the seller and the manufacturer of the violation. The Division will direct the person who it determines is responsible for the violation to correct it within 15 days but, upon request, may extend the time for correction.

     3.  The person responsible for the violation shall notify the Division when the violation is corrected and request the Division to inspect the corrective work. The request must be accompanied by the minimum fee for an inspection by the Division plus the amount of any unpaid fee assessed by the Division for a previous inspection regarding the complaint.

     4.  The Administrator will institute appropriate legal or administrative action against the person who was directed to correct the violation if that person does not, within the prescribed time, make a correction which is acceptable to the Administrator.

     [Mfd. Housing Div., Factory-built Housing Reg. § 6, eff. 8-6-82]

      NAC 461.400  Stop orders. (NRS 461.170, 461.250)  Whenever any work is being done contrary to this chapter, the Administrator may order the work stopped by serving the manufacturer with a written notice setting forth in what respect this chapter is being violated.

     [Mfd. Housing Div., Factory-built Housing Reg. § 5, eff. 8-6-82]