[Rev. 11/21/2013 12:41:19 PM--2013]

CHAPTER 623 - ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN

GENERAL PROVISIONS

NRS 623.010           Purpose.

NRS 623.015           Definitions.

NRS 623.017           “Architect” defined.

NRS 623.019           “Board” defined.

NRS 623.021           “Certificate of registration” defined.

NRS 623.022           “Partition” defined.

NRS 623.0225         “Practice as a registered interior designer” defined.

NRS 623.023           “Practice of architecture” defined.

NRS 623.025           “Practice of residential design” defined.

NRS 623.026           “Registered interior designer” defined.

NRS 623.027           “Residential designer” defined.

NRS 623.029           “Responsible control” defined.

STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN

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

NRS 623.070           Compensation of members and employees.

NRS 623.080           Oaths of members.

NRS 623.090           Offices.

NRS 623.100           Appointment and terms of officers; quorum.

NRS 623.120           Seal.

NRS 623.130           Secretary to keep record of proceedings of Board.

NRS 623.131           Confidentiality of certain records of Board; exceptions.

NRS 623.133           Designation of Attorney General as legal adviser.

NRS 623.135           Employment and compensation of employees.

NRS 623.140           Election of officers; regulations.

NRS 623.145           Codes of ethics.

NRS 623.150           Enforcement of chapter; expenses.

NRS 623.152           Subpoenas.

NRS 623.153           Attendance of witnesses.

NRS 623.155           Fiscal year.

NRS 623.160           Receipt, deposit and withdrawal of fees.

NRS 623.165           Claim for attorney’s fees and cost of investigation: Conditions; procedure.

NRS 623.170           Payment of expenses of Board.

REGISTRATION

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

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

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

NRS 623.190           Certificate of registration to practice architecture or residential design: Qualifications of applicants; standards for examination; oath.

NRS 623.192           Certificate of 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           Board authorized to accept registration in other jurisdiction in lieu of examinations for certificate of registration to practice architecture or residential design.

NRS 623.215           Board authorized to accept evidence of registration in other jurisdiction as interior designer.

NRS 623.220           Fee for registration; issuance of certificate.

NRS 623.225           Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 623.225           Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 623.230           Official register of certificates of registration.

NRS 623.250           Renewal of certificate: Issuance of card; fee.

NRS 623.255           Renewal of certificate: Continuing education.

NRS 623.260           Renewal of certificate after expiration.

DISCIPLINARY ACTION

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

NRS 623.285           Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 623.290           Entry and notice of penalty.

NRS 623.300           Application for reinstatement of certificate after revocation.

FEES

NRS 623.310           Fees.

MISCELLANEOUS PROVISIONS

NRS 623.325           Written contracts for professional services required; exceptions.

NRS 623.330           Exemptions; civil and criminal liability.

NRS 623.333           Architect or residential designer not required to obtain certificate of registration to practice as registered interior designer.

NRS 623.335           Immunity from civil liability for furnishing information to Board or otherwise assisting in investigation or prosecution.

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

NRS 623.350           Business organization or association engaged in practice of architecture or residential design, or practice as registered interior designer: Responsible control of work by architect, registered interior designer or residential designer; exception; violation of provisions of chapter.

NRS 623.353           Residential designer under responsible control of registered architect.

NRS 623.354           Registered interior designers authorized to collaborate with members of certain professions; limitations.

NRS 623.357           Allegation and proof of registered status in action for compensation.

NRS 623.358           Granting of title as emeriti: Requirements; use; prohibitions; return to active practice.

PROHIBITED ACTS; ENFORCEMENT; PENALTIES

NRS 623.360           Prohibited acts; penalties; injunctive relief.

NRS 623.365           Civil penalty.

NRS 623.370           District attorney to prosecute violations.

_________

 

GENERAL PROVISIONS

      NRS 623.010  Purpose.  The purpose of this chapter is to safeguard life, health and property, and to promote the public welfare by improving the quality of human 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 otherwise requires, the words and terms defined in NRS 623.017 to 623.029, inclusive, have the 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  “Architect” defined.  “Architect” means any person who engages in the practice of architecture and holds a certificate of registration issued by the Board.

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

      NRS 623.019  “Board” defined.  “Board” means the State Board of Architecture, 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  “Certificate of registration” defined.  “Certificate of registration” 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  “Partition” defined.  “Partition” means a wall which does not:

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

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

      3.  Support a structure; and

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

      (Added to NRS by 1995, 1693)

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

      1.  An analysis of:

      (a) A client’s needs and goals for an interior area of a structure designed for human habitation or occupancy; and

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

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

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

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

      5.  The collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of title 54 of NRS;

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

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

      (Added to NRS by 1995, 1694; A 1997, 201)

      NRS 623.023  “Practice of architecture” defined.  The “practice of architecture” consists of rendering services embracing the scientific, esthetic and orderly coordination of processes which enter into the production of a completed structure which has as its principal purpose human habitation or occupancy, or the utilization of space within and surrounding the structure, performed through the medium of plans, specifications, administration of construction, 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  “Practice of residential design” defined.  The “practice of 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 exceed two stories in height and is composed of not more than four units in that structure; and

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

Ê performed through the medium of plans, specifications, administration of construction, 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; 2001, 1785)

      NRS 623.026  “Registered interior designer” defined.  “Registered interior designer” means a person who provides some or all of the services set forth in NRS 623.0225 and holds a certificate 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  “Residential designer” defined.  “Residential designer” means any person who engages in the practice of residential design and holds a certificate of registration issued by the Board.

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

      NRS 623.029  “Responsible control” defined.  “Responsible control” means the amount of control over and detailed knowledge of the content of a technical submission during its preparation that is ordinarily exercised by a registered architect, 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 AND RESIDENTIAL DESIGN

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

      1.  The State Board of Architecture, Interior Design and 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 have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.

      (b) One member who is a registered residential designer.

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

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

             (1) A registered architect, a registered interior 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 designer or a registered residential designer.

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

      4.  The Governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, 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  Compensation of members and employees.

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

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

      3.  The Secretary and Treasurer of the Board is entitled to be paid a salary out of the money of the Board in an amount to be determined 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; 2007, 2939)

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

      [6:220:1949; 1943 NCL § 537.6]

      NRS 623.090  Offices.

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

      2.  The Board may maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

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

      NRS 623.100  Appointment and terms of officers; quorum.

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

      2.  Five members of the Board constitute a quorum, but action shall not be deemed to have been taken upon any question unless there are 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  Secretary to keep record of proceedings of Board.  The Secretary of the Board shall keep a true and correct record of all proceedings of the Board.

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

      NRS 623.131  Confidentiality of certain records of Board; exceptions.

      1.  Except as otherwise provided in this section and NRS 239.0115, the records of the Board which relate to an employee of the Board or an examination given by the Board are confidential.

      2.  The records described in this section may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state, any political subdivision of this State or any other related professional board or organization.

      3.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The Board may report to other related professional boards and organizations an applicant’s score on an examination given by the Board.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 1985, 1454; A 1995, 1697; 2003, 3419; 2005, 752; 2007, 2130)

      NRS 623.133  Designation of Attorney General as legal adviser.

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

      2.  Nothing in this section shall be construed so as to prevent the Board from employing legal counsel as provided elsewhere in this chapter.

      [38:220:1949; 1943 NCL § 537.38]—(NRS A 1959, 495)

      NRS 623.135  Employment and compensation of employees.  The Board may employ an Executive Director, legal counsel, investigators, professional consultants and other employees necessary to the discharge of its duties, and may fix the compensation therefor.

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

      NRS 623.140  Election of officers; regulations.

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

      2.  The Board shall:

      (a) Adopt regulations governing the examination of applicants for certificates to practice architecture, interior design or residential design in this State.

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

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

      NRS 623.145  Codes of ethics.

      1.  Subject to the limitations imposed by subsections 2, 3 and 4, the Board shall adopt codes of ethics consistent with the constitution and laws of this State binding upon persons registered pursuant to the provisions of this chapter. Such codes of ethics must have as their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.

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

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

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

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

      NRS 623.150  Enforcement of chapter; expenses.

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

      2.  The Board may incur such expense as shall be necessary, but such expense shall not exceed the revenue derived from the fees for 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 Board may subpoena the attendance of witnesses or the production of books, papers and documents.

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

      NRS 623.153  Attendance of witnesses.

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

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

      (Added to NRS by 1973, 1696)

      NRS 623.155  Fiscal year.  The Board shall operate on the basis of a 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 as otherwise provided in NRS 623.190, all fees provided for by the provisions of this chapter must be paid to and receipted for by the Secretary of the Board, who shall deposit the fees in banks or credit unions in the State of Nevada or institutions in this State whose business is the making of investments. Fees so deposited may be drawn against 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  Claim for attorney’s fees and cost of investigation: Conditions; procedure.  If the Board deposits the money collected from the imposition of fines in the State Treasury for the credit of the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 1985, 1454)

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

      1.  Two members of the Board; or

      2.  The Executive Director and one other member of the Board.

      [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; unauthorized use or display unlawful.

      1.  No person may practice:

      (a) Architecture or use the title of architect;

      (b) Residential design or use the title of residential designer; or

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

Ê in this State without having a certificate of registration issued to him or her pursuant to the provisions of this chapter.

      2.  Whenever the requirements for registration pursuant to the provisions of this chapter have been fully complied with and fulfilled by an applicant, the Board shall issue to the successful applicant a certificate as a registered architect, registered interior designer or residential designer. Each certificate of registration issued by the Board expires on December 31 of each year. The Board shall, by regulation, establish a schedule of prorated fees for a certificate of registration that is issued for less than 1 year.

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

      4.  The unauthorized use or display of a certificate of registration 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  Temporary certificate of registration to practice architecture: Application; conditions; limitations.

      1.  A person who is not registered to practice architecture in this State may hold himself or herself out as an architect for the purposes of presenting a proposal for professional services or his or her qualifications as an architect in this State if the person:

      (a) Is requested to do so by a client or a prospective client in this State;

      (b) Holds a certificate issued by the National Council of Architectural Registration Boards; and

      (c) Has been issued a temporary certificate of registration.

      2.  Upon receiving from a client or prospective client a request that he or she present a proposal for professional services or his or her qualifications as an architect, a person who is not registered to practice architecture in this State shall immediately send written notification to the client or prospective client explaining that he or she is not registered as an architect in this State and is unable to ensure that the Board will issue to him or her a certificate of registration to practice architecture in this State.

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

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

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

      (c) The fee for a temporary certificate of registration required by the Board pursuant to NRS 623.310; and

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

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

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

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

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

      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 designer shall obtain a seal of the design authorized by the Board, bearing the architect’s, registered interior designer’s or residential designer’s name, the number of the certificate of registration, and the legend “Registered Architect,” “Registered Interior Designer” or “Residential Designer.”

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

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

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

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

      NRS 623.190  Certificate of registration to practice architecture or residential design: Qualifications of applicants; standards for examination; oath.

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

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the State Board of Architecture, Interior Design and Residential Design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

      3.  The Board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The Board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical and professional subjects as are prescribed by the Board.

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

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

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

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

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

      (a) Structural technology;

      (b) Materials and methods of construction;

      (c) Building systems and life safety; and

      (d) Graphic design.

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

      8.  Any application to the Board may be denied for any violation 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; 2009, 298)

      NRS 623.192  Certificate of 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 to practice as a registered interior designer must be of good moral character and submit 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 the applicant has at least 2 years of experience in interior design;

      (d) Proof which is satisfactory to the Board that the applicant has:

             (1) Successfully completed a program of interior design accredited by the Council for Interior Design Accreditation or any successor in interest to that organization;

             (2) Successfully completed a substantially equivalent program of interior design approved by the Board;

             (3) Successfully completed a program of interior design or architecture, other than a program described in subparagraph (1), (2) or (4), which culminated in the award of a bachelor’s degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board; or

             (4) Received a degree from an architectural program accredited by the National Architectural Accrediting Board or its successor organization, if any;

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

      (f) All information required to complete the application.

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

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

      4.  Any application submitted to the Board may be denied for any violation of the provisions of this chapter, including, without limitation, any violation that might reasonably call into question the qualifications or experience of the applicant.

      (Added to NRS by 1995, 1695; A 1997, 203, 207, 541, 2108, 2209; 2001, 1788; 2005, 572, 573, 2698, 2807; 2009, 299; 2013, 814)

      NRS 623.200  Examination; limitation on registration.

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

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

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

      4.  The Board shall give or provide for examinations at least once each year, unless no applications for examinations are pending with the 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, as provided in NRS 623.200, or any part thereof, the applicant may retake the examination or the part or parts failed in a subsequent examination upon the payment of the appropriate fees, as provided in NRS 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  Board authorized to accept registration in other jurisdiction in lieu of examinations for certificate of registration to practice architecture or residential design.  The Board may, in lieu of all examinations for a certificate of registration to practice architecture or residential design, accept satisfactory evidence of registration as an architect in another jurisdiction where the qualifications required are equal to those required in this chapter at the date of application. The Board may require, as satisfactory evidence of that registration, a certificate of the National Council of Architectural Registration Boards.

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

      NRS 623.215  Board authorized to accept evidence of registration in other jurisdiction as interior designer.  The Board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (c), (d) and (e) of subsection 1 of NRS 623.192 at the date of application. Before the Board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.

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

      NRS 623.220  Fee for registration; issuance of certificate.

      1.  The Board shall issue a certificate of registration as an architect or a residential designer, upon payment of a registration fee pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310, to any applicant who:

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

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

      2.  The Board shall issue a certificate of registration to practice as a registered interior designer, upon payment of a registration fee pursuant to the provisions of NRS 623.180 or 623.310, to any applicant who:

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

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

      3.  Certificates of registration must include the full name of the registrant, have a serial number and be signed by the Chair and the Secretary of the Board under seal of the Board. The issuance of a certificate of registration by the Board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, 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  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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

      NRS 623.225  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2107; A 2005, 2700, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 623.230  Official register of certificates of registration.  The Secretary of the Board shall keep an official register of all certificates of registration to practice:

      1.  Architecture or residential design; or

      2.  As a registered interior designer,

Ê issued and renewed pursuant to the provisions of this chapter. The register must be properly 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  Renewal of certificate: Issuance of card; fee.

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

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

      (b) Proof of compliance with all of the requirements established by the Board for continuing education for the renewal of the certificate 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 requirements established by the Board for continuing education and all information required to complete the renewal, the Secretary of the Board shall execute and issue a certificate renewal card to the applicant, certifying that the certificate of registration is renewed for 1 year after its date of expiration. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the Secretary of the Board or the Executive Director and must bear the seal of the Board.

      3.  The renewal must be recorded, together with its serial number, by the Secretary of the Board in the official register of the Board pursuant to the provisions of NRS 623.230.

      [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  Renewal of certificate: Continuing education.  The Board may, by regulation, require each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours per year of continuing education as a condition to the renewal of the certificate.

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

      NRS 623.260  Renewal of certificate after expiration.

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

      2.  The Board may, by regulation, provide for the late renewal of a certificate of registration which has not been renewed within 1 year 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 certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand the holder of the certificate, impose a fine of not more than $10,000 against him or her, suspend or revoke his or her license, impose the costs of investigation and prosecution upon him or her or take any combination of these disciplinary actions for any of the following acts:

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

      (b) The holder of the certificate has been found guilty by the Board or found guilty or guilty but mentally ill by a court of justice of any fraud, deceit or concealment of a material fact in his or her professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

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

             (1) The practice of architecture or residential design; or

             (2) His or her practice as a registered interior designer.

      (d) The holder of a certificate has affixed his or her signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by the holder of the certificate or in his or her office, or under his or her responsible control, or has permitted the use of his or her name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

      (e) The holder of a certificate has aided or abetted any unauthorized 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 residential design; or

             (2) Practice as a registered interior designer.

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

      2.  The conditions for probation imposed pursuant to the 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 suffered harm or loss.

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

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

      5.  As used in this section:

      (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct which, in:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer,

Ê demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

             (1) The profession of architecture or residential 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; 2007, 1468)

      NRS 623.285  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, the Board shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a certificate of registration to practice architecture or residential design or to practice as a registered interior designer that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

      NRS 623.290  Entry and notice of penalty.  If the registration of an architect, registered interior designer or residential designer is suspended or revoked, or he or she is given a written reprimand, notation of the penalty must be entered in the register of architects, register of registered interior designers or register of residential designers and in his or her personnel file. Notification of the suspension, revocation or written reprimand must be sent to the National Council of Architectural Registration Boards or the National Council 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  Application for reinstatement of certificate after revocation.  If the Board revokes a certificate of registration, the person whose certificate has been revoked may apply for reinstatement of the certificate pursuant to the provisions 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 which may 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 as an 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 year after its expiration 220.00

For the late renewal of a certificate which has been expired for 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 623.325  Written contracts for professional services required; exceptions.

      1.  Except as otherwise provided in this section, an architect, registered interior designer or residential designer shall execute a written contract with a client before providing professional services to the client.

      2.  A contract created pursuant to subsection 1 must contain, but is not limited to, the following:

      (a) A description of the services to be provided to the client by the architect, registered interior designer or residential designer;

      (b) A description of the basis for compensation and the method of payment;

      (c) The name, address and certificate number of the architect, registered interior designer or residential designer and the name and address of the client;

      (d) A description of the procedure that the architect, registered interior designer or residential designer and the client will use to accommodate additional services;

      (e) A statement identifying the ownership or reuse of documents prepared by the architect, registered interior designer or residential designer; and

      (f) A description of the procedure to be used by either party to terminate the contract.

      3.  An architect, registered interior designer or residential designer may provide professional services to a client before the execution of a written contract only if the client agrees in writing that a written contract is not needed before work begins.

      4.  A contract created pursuant to subsection 1 is not required for professional services rendered by an architect, registered interior designer or residential designer:

      (a) For which the client will not pay compensation;

      (b) When, after full disclosure of the requirements of this section, the client agrees in writing that a contract meeting the requirements of subsection 1 is not required; or

      (c) To a person who holds a certificate of registration as a landscape architect pursuant to chapter 623A of NRS or a person who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      (Added to NRS by 2009, 291)

      NRS 623.330  Exemptions; civil and criminal liability.

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

      (a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.

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

      (c) A professional engineer licensed pursuant to the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.

      (d) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his or her own drawings for his or her own construction activities.

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

             (1) Buildings for his or her own private residential use;

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

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

      (f) A person engaging in work related to interior design as an employee of a registered interior designer, if the work does not include responsible charge of interior design or supervision, or a consultant retained by a registered interior designer.

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

             (1) Decorative accessories;

             (2) Wallpaper, wallcoverings or paint;

             (3) Linoleum, tile, carpeting or floor coverings;

             (4) Draperies, blinds or window coverings;

             (5) Lighting fixtures which are not part of a structure;

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

             (7) Furniture or equipment,

Ê if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure.

      (h) Any person who holds a certificate of registration issued by the State Fire Marshal to provide approved interior materials and furnishings used in interior design to the extent authorized by the certificate.

      2.  Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      3.  The exemptions provided by this section do not entitle any person who does not hold a certificate of registration to hold himself or herself out to the public or advertise himself or herself as an architect, registered interior 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  Architect or residential designer not required to obtain certificate of registration to practice as registered interior designer.

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

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

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

      NRS 623.335  Immunity from civil liability for furnishing information to Board or otherwise assisting in investigation or prosecution.  In addition to any other immunity provided by the provisions of chapter 622A of NRS:

      1.  Any person who furnishes information concerning an applicant for registration or a holder of a certificate of registration in good faith and without malicious intent is immune from any civil action for furnishing that information.

      2.  The Board, any member, employee or committee of the Board, counsel, investigator, expert, hearing officer, registrant or other person who assists the Board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board.

      (b) Disseminating information concerning an applicant for registration or a registrant to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency.

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

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

      1.  Architects, registered interior designers, residential designers, professional engineers and landscape architects may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed, if control and two-thirds ownership of the business organization or association is held by persons registered or licensed in this State pursuant to the applicable provisions of this chapter, chapter 623A or 625 of NRS.

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

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

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

      (c) Qualify to do business in this State.

      (d) If it is a corporation, register with the Board and furnish to the Board a complete list of all stockholders when it first files with the Board and annually thereafter within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each stockholder.

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

      3.  A partnership, corporation, limited-liability company or other form of business organization or association practicing under the provisions of this section may not perform, promote or advertise the services of a registrant or licensee unless that registrant or licensee is an owner of the business organization or association.

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

      (Added to NRS by 1997, 1406)

      NRS 623.350  Business organization or association engaged in practice of architecture or residential design, or practice as registered interior designer: Responsible control of work by architect, registered interior designer or residential designer; exception; violation of provisions of chapter.

      1.  Each office or place of business in this State of any partnership, corporation, limited-liability company or other business organization or association that engages in the practice of architecture or residential design, or practice as a registered interior designer, including, without limitation, any business organization or association practicing pursuant to the provisions of NRS 623.349, must have an architect, registered interior designer or residential designer who is a resident of this State and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and having responsible control for the architectural work or work relating to engaging in practice as a registered interior designer conducted in the office or place of business. The provisions of this subsection do not apply to partnerships, corporations, limited-liability companies or other business organizations or associations that engage in the practice of architecture or residential design or practice as a registered interior designer at offices established for construction administration.

      2.  A registrant or licensee practicing in a business organization 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 a registrant or licensee who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate issued pursuant to NRS 623.349 is found by the Board to have violated a provision of this chapter or a regulation of the Board, the Board may hold the business organization or association and the registrants 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; 2009, 300)

      NRS 623.353  Residential designer under responsible control of registered architect.  A residential designer shall not engage in rendering services for any building or structure not specified in NRS 623.025 unless the residential designer does so under the responsible control of a registered architect. In such cases, the architect is the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work performed by the residential designer and shall file the agreement between the residential designer and the architect with the Secretary of the Board within 10 days after the execution of the agreement.

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

      NRS 623.354  Registered interior designers authorized to collaborate with members of certain professions; limitations.  A registered interior designer may collaborate in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with members of not more than two of the following professions or disciplines of professional engineering:

      1.  Architecture, as that profession is regulated pursuant to the provisions of chapter 623 of NRS;

      2.  Electrical engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS;

      3.  Mechanical engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS; and

      4.  Structural engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS.

      (Added to NRS by 1995, 1694)

      NRS 623.357  Allegation and proof of registered status in action for compensation.  No person, firm, copartnership, association or other organization may bring or maintain any action in the courts of this State for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that such plaintiff was duly registered under this chapter at all times during the performance of such act or contract.

      (Added to NRS by 1975, 580)

      NRS 623.358  Granting of title as emeriti: Requirements; use; prohibitions; return to active practice.

      1.  The Board may grant the title of “Architect Emeritus,” “Registered Interior Designer Emeritus” or “Residential Designer Emeritus” to an architect, registered interior designer or residential designer upon his or her written request if the architect, registered interior designer or residential designer:

      (a) Is registered pursuant to this chapter;

      (b) Is in good standing with the Board;

      (c) Has been registered pursuant to this chapter for not less than 5 years immediately preceding the written request;

      (d) Has been a resident of this State during the time he or she was registered pursuant to this chapter; and

      (e) Is at least 60 years of age.

      2.  A person whose written request is granted pursuant to this section may use the title so granted by the Board:

      (a) Only upon the expiration of his or her certificate of registration, and only during such time as he or she is not registered pursuant to this chapter.

      (b) Following his or her name, including, without limitation, on any plaque, sign or letterhead.

      3.  A person using a title granted by the Board pursuant to this section shall not:

      (a) Practice in this State as an architect, registered interior designer or residential designer; or

      (b) Indicate that he or she is authorized to practice in this State as an architect, registered interior designer or residential designer.

      4.  A person whose certificate of registration has expired and who is using a title granted by the Board pursuant to this section may return to active practice by complying with the provisions for renewal or restoration of an expired certificate of registration pursuant to NRS 623.260.

      (Added to NRS by 2009, 46)

PROHIBITED ACTS; ENFORCEMENT; PENALTIES

      NRS 623.360  Prohibited acts; penalties; injunctive relief.

      1.  It is unlawful for any person to:

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

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

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

             (2) Practice as a registered interior designer,

Ê without having a certificate of registration issued by the Board.

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

      (d) Violate any other provision of this chapter.

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

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

      (b) For the second or any subsequent violation, is guilty 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 the county jail for not more than 364 days.

      3.  If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this 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 Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action 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; 2013, 990)

      NRS 623.365  Civil penalty.  In addition to any other civil penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $10,000 for each violation. Any such penalty must be imposed by the Board:

      1.  If the person holds a certificate issued pursuant to the provisions of this chapter, at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

      2.  If the person does not hold a certificate issued pursuant to the provisions of this chapter, at a hearing for which written notice has been given not less than 30 days before the hearing.

      (Added to NRS by 1995, 1695; A 1997, 88; 2005, 755; 2009, 301)

      NRS 623.370  District attorney to prosecute violations.  The district attorney in each county shall prosecute by court action all cases of violation of any of the provisions of this chapter occurring in his or her jurisdiction as may be presented for such court action by the Board.

      [37:220:1949; 1943 NCL § 537.37]