NAC: CHAPTER 461A - MOBILE HOME PARKS AND LOTS

[Rev. 6/10/2016 3:07:14 PM]

[NAC-461A Revised Date: 6-16]

CHAPTER 461A - MOBILE HOME PARKS AND LOTS

GENERAL PROVISIONS

461A.010 Definitions.

461A.012 “Agency for enforcement” defined.

461A.014 “Division” defined.

461A.016 “Manager” defined.

461A.018 “Mobile home stand” defined.

461A.020 Scope.

PERMITS

461A.030 Application for permit.

461A.040 Plans and specifications: General requirements.

461A.045 Plans and specifications: Soil reports.

461A.050 Plans and specifications: Supply of water and disposal of sewage.

461A.055 Plans and specifications: Utility services.

461A.060 Plans and specifications and permit for construction to be kept on job site; construction in accordance with plans and specifications.

461A.070 Action not precluded by issuance of permit.

REQUIREMENTS FOR CONSTRUCTION AND ALTERATION

461A.090 Inspections.

461A.100 Identification of lots and determination of boundaries.

461A.110 Marking underground utility lines.

461A.120 Evaluation of proposed site; unforeseen hazards or impediments.

461A.130 Grading and drainage.

461A.140 Size of lots.

461A.150 Set backs.

461A.160 Access to streets in park.

461A.170 Streets and walkways.

461A.180 Water connections.

461A.190 Sewer connections.

461A.200 Supply of water.

461A.210 Disposal of sewage.

461A.220 Supply of fuel.

461A.230 Supply of oil.

461A.240 Protection of exposed equipment.

461A.250 Electric connections.

461A.260 Equipment for supplying electricity.

461A.270 Fire protection.

461A.280 Management of solid waste.

CERTIFICATE OF OCCUPANCY

461A.290 Requirements for issuance; temporary certificate.

ABATEMENT OF SUBSTANDARD, UNSAFE OR UNSANITARY CONDITIONS

461A.350 Adoption of certain codes by reference; modifications.

461A.355 Compliance with building codes and statutes.

461A.360 Conditions that render mobile home park substandard.

461A.365 Inspections; commencement of proceedings to abate conditions; issuance of order to abate.

461A.370 Contents of order to abate.

461A.375 Order to abate requires permits be secured; time limit for abatement; failure to comply.

461A.380 Issuance of order to vacate; posting of notices; options of owner.

461A.385 Requests for extensions of time.

461A.390 Request for hearing; notice.

461A.395 Conduct of hearing; rendering of decision; completion of work; failure to comply; appeal of decision.

461A.400 Service.

461A.405 Liability of owner for abatement.

461A.410 Liability of agency for enforcement for expense caused by removal or replacement of material.

MISCELLANEOUS PROVISIONS

461A.450 Fees of Division; expiration of application for permit.

GENERAL PROVISIONS

NAC 461A.010 Definitions. (NRS 461A.090) As used in NAC 461A.010 to 461A.450, inclusive, unless the context otherwise requires, the words and terms defined in NAC 461A.012 to 461A.018, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.012 “Agency for enforcement” defined. (NRS 461A.090) “Agency for enforcement” has the meaning ascribed to it in NRS 461A.030.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.014 “Division” defined. (NRS 461A.090) “Division” means the Manufactured Housing Division of the Department of Business and Industry.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.016 “Manager” defined. (NRS 461A.090) “Manager” means the person in charge or in control of a mobile home park, whether or not he or she is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the mobile home park.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.018 “Mobile home stand” defined. (NRS 461A.090) “Mobile home stand” means the portion of the mobile home lot to be occupied by the mobile home.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.020 Scope. (NRS 461A.090) NAC 461A.010 to 461A.450, inclusive, apply to the construction and alteration of mobile home parks and lots. These sections and the technical standards contained therein do not apply:

1. To a system for the distribution of electricity, gas or water which is installed, owned or maintained by a public utility that is regulated by the Public Utilities Commission of Nevada.

2. In a county or city which has adopted its own ordinance that is as stringent as or more stringent than the provisions of NAC 461A.010 to 461A.450, inclusive, and chapter 461A of NRS and which has notified the Division in writing that it will enforce its own ordinance on the construction and alteration of mobile home parks and lots within the territory of the county or city.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

PERMITS

NAC 461A.030 Application for permit. (NRS 461A.090, 461A.220) An application for a permit to construct or alter a mobile home park may be submitted to the appropriate agency for enforcement. The application must include:

1. The applicant’s name and address;

2. The name and address of the mobile home park; and

3. A legal description of the land upon which the mobile home park is located or to be developed.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.040 Plans and specifications: General requirements. (NRS 461A.090, 461A.220)

1. An application for the construction or alteration of a mobile home park must be accompanied by three sets of plans and specifications for the project, unless the agency for enforcement determines that the proposed alteration of the park is of a minor nature. The plans and specifications must be prepared by a person who is licensed as a professional engineer or registered as an architect in this State and must include:

(a) The area and dimensions of the tract of land;

(b) The number of mobile home lots and the location and size of each;

(d) The location and width of roadways and walkways;

(e) The method and plan for supplying water, including a report of the chemical analysis of the water from the proposed source;

(f) The method and plan for the disposal of sewage, including a report of a percolation test and a statement of the distance from the surface of the land to the water table;

(g) The method for disposing of garbage and other refuse;

(h) The plan for providing electricity;

(i) The plans and specifications for each building and other improvement already constructed or to be constructed within the mobile home park;

(j) The size and location of any play area;

(k) The size and location of any swimming pool, bathing place or bathhouse;

(l) The plans for and location of every building to be erected within the mobile home park other than the dwellings or accessory structures of tenants;

(m) The method and plan for fire protection;

(n) Evidence of compliance with the applicable local building and zoning requirements;

(o) A topographic map of the site for the mobile home park and the vicinity;

(p) The plan for providing natural gas or liquefied petroleum gas, if applicable;

(q) A detailed soils report pursuant to NAC 461A.045; and

(r) A detailed report of the erosion control plans.

2. The plans and specifications must be of sufficient clarity to:

(a) Indicate the nature and extent of all work proposed; and

(b) Show in detail that the work will conform to the provisions of NAC 461A.010 to 461A.450, inclusive.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.045 Plans and specifications: Soil reports. (NRS 461A.090, 461A.220)

1. The plans and specifications required in the application for the construction or alteration of a mobile home park pursuant to NAC 461A.040 must include a detailed soils report prepared by a professional engineer licensed in this State.

2. The soils report must include:

(a) The bearing capacity of the native soils;

(b) The complete specifications and instructions for the construction of the mobile home stands;

(c) The identification of any areas in the boundaries of the project where native soils may not meet the minimum bearing capacity of 1,000 pounds per square foot but may be upgraded to meet the standards;

(d) The identification of any areas in the boundaries of the project where native soils are not suitable for the construction of a mobile home stand or any accessory building and that cannot be upgraded to meet the standards;

(e) The specifications and methods to be used to upgrade the areas identified by the professional engineer as not meeting the minimum standards but that can be upgraded; and

(f) The identification of any other condition that may have a negative effect on the intended use of the property.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.050 Plans and specifications: Supply of water and disposal of sewage. (NRS 461A.090) The applicant must send a copy of his or her plans and specifications relating to the supply of water and the disposal of sewage and other refuse to:

1. The Bureau of Health Protection Services of the Division of Public and Behavioral Health in the Department of Health and Human Services; and

2. The Division of Environmental Protection in the State Department of Conservation and Natural Resources.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by Bd. of Health, 10-30-97)

NAC 461A.055 Plans and specifications: Utility services. (NRS 461A.090, 461A.220, 461A.230) An applicant for a permit to construct a mobile home park must show in his or her plans and specifications that the following utility services will be available for the proposed park and each mobile home lot within the park:

1. A source and continuing supply of potable water. The applicant must submit to the agency for enforcement evidence from the State Engineer, from the utility which supplies the water or from another appropriate authority that such water is available.

2. An adequate system for the collection and disposal of all sewage.

3. A source or sources of energy adequate to meet:

(a) The demands of the equipment installed in the mobile homes, buildings and other structures in the park; and

(b) The need for exterior lighting and any other need for external power in the park.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84) — (Substituted in revision for NAC 461A.080)

NAC 461A.060 Plans and specifications and permit for construction to be kept on job site; construction in accordance with plans and specifications. (NRS 461A.090, 461A.220)

1. A set of plans and specifications which has been approved by the agency for enforcement and a copy of the permit for construction must be kept on the job site until the agency for enforcement has made a final inspection at the site.

2. All construction must be performed in accordance with the approved plans and specifications, and these must not be changed without approval by the agency for enforcement.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.070 Action not precluded by issuance of permit. (NRS 461A.090, 461A.220) The issuance of a permit based upon the plans and specifications submitted by an applicant does not preclude the agency for enforcement from thereafter:

1. Requiring the holder of the permit to correct any errors in the plans and specifications; or

2. Preventing occupancy of the mobile home park if the agency for enforcement finds that the park has been constructed in violation of NAC 461A.010 to 461A.450, inclusive.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

REQUIREMENTS FOR CONSTRUCTION AND ALTERATION

NAC 461A.090 Inspections. (NRS 461A.090)

1. If the agency for enforcement does not provide the service of inspecting projects of construction or repair, the holder of the permit must engage a qualified inspector to perform inspections of the mobile home park while it is under construction.

2. The inspector must be licensed as a professional engineer or registered as an architect in this State or be some other person who is approved by the agency for enforcement.

3. The inspector shall:

(a) Inspect all phases of construction or repair in the mobile home park, including, without limitation, the installation of underground facilities, grading and paving, the pouring of concrete, and plumbing, mechanical and electrical work.

(b) Submit to the agency for enforcement periodic written reports on the progress of the construction.

(c) After the construction is completed, certify in writing to the agency for enforcement that the mobile home park conforms to the plans and specifications approved by the agency for enforcement.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.100 Identification of lots and determination of boundaries. (NRS 461A.090)

1. Each mobile home lot must be numbered or designated by a street or lot number or by another method that adequately identifies the lot. The designation must be displayed on:

(a) A location facing the roadway; or

(b) The front of the mobile home.

2. The boundaries of each lot must be defined by corner markers or other adequate means. The inside surface of any fence or windbreak erected parallel to and delineating those boundaries or any perimeter wall or other enclosure of the park erected inside the property line shall be deemed to be the boundary of the lot.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.110 Marking underground utility lines. (NRS 461A.090)

1. The underground location of electric cables, gas piping, water piping and sewer lines which are buried along the periphery of a lot or within 4 feet of a mobile home stand must be indicated by underground markers in the form of tapes, electrically connected wires or other means for locating the underground lines. Signs may be erected above ground to assist in locating the lines, but such signs must not be used in lieu of the required system of underground markers.

2. The holder of the permit shall accurately plot the location of all underground utility lines when they are installed. The holder shall keep a copy of this plot for reference at the mobile home park and upon request, make it available to the agency for enforcement.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.120 Evaluation of proposed site; unforeseen hazards or impediments. (NRS 461A.090)

1. Upon receipt of an application for the construction of a mobile home park, the agency for enforcement shall evaluate each proposed site for a mobile home lot:

(a) To determine whether the site is suitable for its intended use;

(b) To ensure that the intended use would be in compliance with applicable federal, state and local laws; and

(1) Flooding;

(2) Erosion;

(3) Deposit of sediment;

(4) Noise or air pollution from nearby traffic or industrial activities;

(5) Vibration from traffic, construction or industrial operations; or

(6) Unstable conditions of a landfill which would affect the intended use of the site.

2. During preparation of the site, if the holder of the permit encounters an unforeseen hazard or an impediment to construction, such as a rock formation, slide area, high level of water, springs or biologically generated gases, the holder shall undertake corrective work before installing mobile homes on the site.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.130 Grading and drainage. (NRS 461A.090)

1. The grading of land surfaces in a mobile home park must slope downward from:

(a) Patios and mobile home stands;

(b) Skirting and foundations; and

Ê to adequate outfalls or drainage swales discharging to adequate outfalls.

2. The objectives of grading a mobile home park are to:

(a) Preserve as many desirable features of the site as is practicable;

(b) Divert surplus water away from the mobile homes, mobile home stands and other structures in the mobile home park;

(c) Prevent any accumulation of standing water or saturation of the soil that would be detrimental to the structures and use of the mobile home lots;

(d) Provide for the disposal of surplus water except as desired for controlled irrigation;

(e) Provide for safe and convenient access to and use of the mobile home lots; and

(f) Protect the mobile home park against erosion.

3. Each mobile home stand must, unless a subsurface structure is provided for drainage, have a crown or gradient for surface drainage that is acceptable to the agency for enforcement. A surface or subsurface structure for drainage must be provided at the perimeter of each mobile home stand to receive excess water.

4. The system of drainage must be designed to accommodate runoff from storms. Runoff must be calculated on the basis of foreseeable amounts of storm water that may be contributed to the runoff from areas outside the mobile home park and each lot and other areas within the mobile home park.

5. All areas of a mobile home lot must slope to drainage structures on the lot or to areas of lower elevation off the lot.

6. Where necessary, drain inlets or catch basins must be installed with emergency overflows to prevent the flooding of mobile home stands or wells or damage to other structures upon failure of the system underground drainage.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.140 Size of lots. (NRS 461A.090)

1. A lot for a mobile home must have an area of:

(a) At least 2,880 square feet if the lot is designed for a mobile home 14 feet or less in width; or

(b) At least 4,000 square feet if the lot is designed for a mobile home more than 14 feet in width.

2. The agency for enforcement may waive the requirements of this section for good cause shown.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.150 Set backs. (NRS 461A.090)

1. Except as otherwise provided in subsection 2, each mobile home stand must be set back:

(a) At least 25 feet from any boundary line of the park if the line abuts on an existing or proposed right-of-way of a public street or highway.

(b) At least 3 feet from any street within the mobile home park.

2. If adequate screening or fencing is provided between a mobile home stand and a public street or highway or if no access exists from the street or highway to the mobile home stand, the agency for enforcement may approve a reduction of the set back required in paragraph (a) of subsection 1.

3. No portion of a habitable room in a mobile home park may be located closer to another portion of a habitable room or building than 10 feet measured from side to side, 8 feet measured from end to side or 6 feet measured from end to end, unless:

(a) The exterior composite walls and roof of one of the structures are without openings and are constructed of materials that have fire ratings of 1 hour or more; or

(b) The two structures are separated by a barrier that has a fire rating of 1 hour or more.

4. The agency for enforcement may waive the requirements of this section to allow the construction of a mobile home park in which there are common walls for homes occupying adjacent lots.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.160 Access to streets in park. (NRS 461A.090) Each lot within a mobile home park must have direct access to a street in the park. The access must be unobstructed and be at least 14 feet wide to allow for the movement of a mobile home on or off the lot.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.170 Streets and walkways. (NRS 461A.090)

1. A street in a mobile home park must be at least 24 feet wide if designed for two-way traffic and at least 14 feet wide if designed for one-way traffic. At least 8 feet must be added to that width for each parking lane that is provided.

2. The system of streets in a mobile home park must directly connect to a public street or highway.

3. The grade of a street in a mobile home park must not exceed 8 percent, except that a street may have a grade of up to 12 percent for a short distance if traffic safety is not thereby impaired.

4. Streets and walkways that are designed for the general use of the residents of a mobile home park must be lighted during hours of darkness. The lights must be designed and maintained to produce at least 0.1 foot-candle of light at street level throughout the system of streets and walkways. Potentially hazardous locations, such as the intersections of major streets, steps or stepped ramps, must be individually illuminated with at least 0.3 foot-candle of light. Such lighting must be controlled manually by the manager or be under an automatic system of control.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.180 Water connections. (NRS 461A.090, 461A.230)

1. Each mobile home stand must be provided with a water riser and a connection that is located and aligned to permit attachment in a workmanlike manner to a mobile home occupying the mobile home stand. The water riser must be located within 4 feet of the mobile home stand and the riser must be protected against damage above the ground.

2. A water riser must have an inside diameter of at least three-fourths of an inch and must extend at least 4 inches above the ground. The outlet of a riser must be capped when a mobile home is not occupying the mobile home stand. Surface drainage must be diverted away from the location of the water riser.

3. A water riser that serves a mobile home lot must be equipped with a shutoff valve.

4. The manager shall take all necessary precautions to prevent the freezing of water supply lines, valves and risers, whether or not the mobile home stand is occupied. The manager shall protect the risers from the heaving and thawing of the ground if the mobile home park is in an area where periodic freezing is encountered. Where ground frosts occur, the shutoff valves must be protected.

5. Inlets and outlets of fixtures with base attachments which may cause a cross-connection must be protected by a standard nonremovable device for the prevention of backflow or by a standard vacuum breaker that is installed at least 6 inches above the highest point of usage and is located on the discharge side of the last valve. Fixtures that are manufactured with integral vacuum breakers must be installed in accordance with the manufacturer’s instructions. Lawn hydrants must be protected by a standard, nonremovable device for the prevention of backflow.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.190 Sewer connections. (NRS 461A.090)

1. Each mobile home stand must be provided with a sewer connection that is located and aligned to permit attachment in a workmanlike manner to a mobile home occupying the mobile home stand.

2. Each mobile home stand must be provided with a sewer riser that has a diameter of at least 4 inches. This riser must be located within 4 feet of the mobile home stand and the drain outlet of the pipe must be in a position that is approximately vertical.

3. The line connecting to the sewer riser must have a minimum diameter of at least 3 inches. The slope of any part of the line from the mobile home to the connection must be at least one-fourth of an inch per foot. The sewer connection must consist of one pipe without branch fittings. All the joints in a sewer pipe must be sealed to prevent leaks and any invasion of insects.

4. The sewer riser must be capped when a mobile home does not occupy the mobile home stand. The rim of the riser must be protected from damage above the ground.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.200 Supply of water. (NRS 461A.090, 461A.230) A mobile home park must have an accessible and adequate supply of potable water. If a supply of water from a public utility is available in satisfactory quantity, quality and pressure at or within the boundary of the community in which the park is located, the park must be connected to that supply and it must be used exclusively. If a satisfactory supply of water is not available from a public utility, a private supply must be provided.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.210 Disposal of sewage. (NRS 461A.090)

1. Each mobile home park must be equipped with a system for collecting and disposing of all sewage. If a public system is available at or within the boundary of the mobile home park, the park must use the public system. If a public system is not available, a private system must be provided.

2. A private system must be so located and maintained that it does not constitute a nuisance or health hazard to the occupants of the park or adjacent property.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.220 Supply of fuel. (NRS 461A.090, 461A.230)

1. A system for supplying natural gas or liquefied petroleum gas to mobile homes and other structures within a mobile home park must be designed, constructed and repaired in accordance with state and federal law.

2. A system for supplying oil to mobile homes and other structures within a mobile home park must be installed in accordance with state and federal law.

3. If gas is to be supplied through an underground system, the connection at each mobile home stand must be located and arranged to permit attachment in a workmanlike manner to a mobile home occupying the mobile home stand. The riser for supplying gas to a mobile home must be located no less than 18 inches and not more than 4 feet from the mobile home stand.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.230 Supply of oil. (NRS 461A.090)

1. Oil may be supplied to a mobile home lot from:

(a) An outside tank, which may be installed above or below the ground; or

(b) A central system of oil distribution that is designed and installed in accordance with state and federal law.

2. The capacity of a tank that supplies oil must be at least 20 percent of the average annual consumption of oil in the mobile home park.

3. If oil is to be supplied from a central system of distribution, the connections of the oil lines at the mobile home stand must be located and arranged to permit attachment in a workmanlike manner to the mobile home occupying the mobile home stand. The connections must conform to state and federal law.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

NAC 461A.240 Protection of exposed equipment. (NRS 461A.090) To prevent damage to gas risers, regulators, meters, valves and other exposed equipment for the distribution of gas, all such equipment must be protected by posts, fencing or other permanent barriers.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.250 Electric connections. (NRS 461A.090, 461A.230)

1. Each mobile home lot must have a connection to provide electricity for a mobile home which will occupy the lot. The connection must be located and arranged to permit attachment in a workmanlike manner to the mobile home.

2. The equipment for providing electricity to a mobile home must be located not more than 20 feet away from the point where the feeder assembly is attached to the mobile home.

3. The circuit conductors of the feeder must have adequate capacity for the loads to be supplied and must be capable of carrying a load of at least the same amperage as that of the electrical system of the mobile home being served.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.260 Equipment for supplying electricity. (NRS 461A.090, 461A.230)

1. The equipment for supplying electricity to a mobile home must be capable of carrying a load of at least 100 amperes and must be capable of being connected permanently to the feeder assembly on the mobile home.

2. The service pedestal for supplying electricity to the mobile home must be equipped with receptacles which are:

(a) Of a plug-in type;

(b) Weatherproof;

(d) Equipped with fuses, circuit-breakers or other appropriate protection against excessive current.

3. In any mobile home park where natural gas is not available, the equipment which provides electricity to the mobile homes must be capable of carrying a load of at least 200 amperes.

4. Additional receptacles may be used for the connection of electric equipment located outside the mobile home, but each additional receptacle must be equipped with a ground fault circuit of the standard type for the protection of persons against accidental electric shock.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.270 Fire protection. (NRS 461A.090)

1. The developer of a site for a mobile home park shall submit a plan for the protection of the park against fire to the fire department which is responsible for furnishing fire protection to the park. The plan must contain the numerical designation or street name and number of each mobile home lot in the park. Each lot must be marked for identification, and each marker must be easily readable from the street serving the lot. The plan must be approved by the local fire department.

2. Each mobile home must be located in such a manner that mobile equipment for fighting fires can be brought to within 100 feet of the home.

3. If the fire alarms serving the park are to be installed along a street, the alarms must be in accordance with Standard 1221 of the Public Fire Service Communications in volume 12 of the National Fire Codes, 1984 edition, which is hereby incorporated by reference. A copy of this volume may be obtained from the National Fire Protection Association, Battery March Park, Quincy, Massachusetts 02269, at a price of $7.

4. The supply of water for fire fighting must be adequate to permit the effective operation of two 1 1/2-inch hoses on any fire in the park. The supply may be obtained from:

(a) Hydrants connected to an underground source of water;

(b) An accessible reservoir or other source of water consisting of at least 3,000 gallons; or

(c) An apparatus of the local fire department which is equipped with a water tank or tanks with a capacity of 750 gallons and a pumping capacity of 250 gallons per minute.

5. If fire hydrants are provided, they must be located along the streets of the park or public ways and be readily accessible for use by the fire department, and each mobile home or other building in the park must be located within 500 feet of a hydrant. Threads for coupling hoses to the hydrants must conform to the threads used by the local fire department.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84)

NAC 461A.280 Management of solid waste. (NRS 461A.090)

1. All garbage cans and other containers for refuse must be:

(a) Structurally strong and impervious to rats, insects and water;

(b) Easily filled, emptied and cleaned;

(d) Provided with tightly fitting covers.

Ê Plastic bags may be used as liners for the containers but must not be used without the container for storage of garbage or refuse in the mobile home park. The use of 55-gallon drums as containers for refuse is prohibited.

2. The storage, collection and disposal of refuse in a mobile home park must be conducted in a way that does not result in a hazard to health, the harborage of rodents, the breeding of insects, a risk of accident, or fire or air pollution. Containers for garbage must be stored on:

(a) A slab of concrete or asphalt or other material with a hard surface;

(b) A fixed platform which is at least 12 inches above the ground; or

3. Containers to be used for bulk storage of garbage and rubbish must be placed on concrete slabs or platforms that are constructed so as to minimize spillage onto adjacent areas and must be equipped with drains properly connected to a system of sewers approved by the agency for enforcement. In the immediate vicinity of any container for bulk storage, there must be a water faucet for use in cleaning the container or some other means for cleaning it that is approved by the agency for enforcement. Each such container must be equipped with a self-closing lid.

4. All refuse must be collected at least once per week. If a suitable service for collection is not available from a municipal agency but a private service is available, the manager shall arrange to have the private service. All solid waste at the mobile home park must be collected and transported in covered vehicles or covered containers.

5. If neither a municipal nor a private service for the disposal is available, the manager shall have all the solid waste disposed of in a manner and at a site approved by the agency for enforcement.

6. If the agency for enforcement approves the use of incinerators for refuse, the incinerators must be constructed in accordance with the plans and specifications approved by the agency for enforcement.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

CERTIFICATE OF OCCUPANCY

NAC 461A.290 Requirements for issuance; temporary certificate. (NRS 461A.090)

1. A mobile home park or lot within a mobile home park covered by NAC 461A.010 to 461A.450, inclusive, must not be used or occupied unless or until the Division or agency for enforcement has issued a certificate of occupancy.

2. Upon final inspection, when it is determined that the mobile home park complies with the provisions of NAC 461A.010 to 461A.450, inclusive, a certificate of occupancy will be issued to the holder of the permit by the Division or designated agency for enforcement.

3. If the Division or the agency for enforcement finds that no substantial hazard will result from occupancy of a mobile home park or portion thereof before the same is completed in full, it may, upon request, issue a temporary certificate of occupancy for a specified period of time or until the mobile home park is completed.

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A by R055-02, 7-18-2002)

ABATEMENT OF SUBSTANDARD, UNSAFE OR UNSANITARY CONDITIONS

NAC 461A.350 Adoption of certain codes by reference; modifications. (NRS 461A.090) The Administrator hereby adopts by reference:

1. The International Building Code, 2012 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, 2012 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 NFPA 70: National Electrical Code, 2011 edition, published by the National Fire Protection Association;

(c) Any reference to the International Mechanical Code shall be deemed a reference to the Uniform Mechanical Code, 2012 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.

Ê The International Building Code, 2012 edition, may be obtained from the International Code Council, by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org. The price is $94 for members and $125 for nonmembers. This code is also available free of charge at the Internet address http://publiccodes.cyberregs.com.

2. The International Residential Code for One- and Two-Family Dwellings, 2012 edition, published by the International Code Council, with the following modifications:

(b) Any reference to the International Electrical Code shall be deemed a reference to the NFPA 70: National Electrical Code, 2011 edition, published by the National Fire Protection Association;

(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.

Ê The International Residential Code for One- and Two-Family Dwellings, 2012 edition, may be obtained from the International Code Council, by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org. The price is $86 for members and $114 for nonmembers. This code is also available free of charge at the Internet address http://publiccodes.cyberregs.com.

3. The Uniform Plumbing Code, 2012 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 4755 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmomembership.org. The price is $88.80 for members and $111.00 for nonmembers.

4. The Uniform Mechanical Code, 2012 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 4755 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmomembership.org. The price is $88.80 for members and $111.00 for nonmembers.

5. The NFPA 70: National Electrical Code, 2011 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 $80.55 for members and $89.50 for nonmembers.

6. The NFPA 101: Life Safety Code, 2012 edition, published by the National Fire Protection Association. The 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 $83.70 for members and $93.00 for nonmembers.

7. The International Energy Conservation Code, 2012 edition, published by the International Code Council. This code may be obtained from the International Code Council, by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org. The price is $31 for members and $41 for nonmembers. This code is also available free of charge at the Internet address http://publiccodes.cyberregs.com.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002; A by R192-05, 9-18-2006; R113-13, 12-22-2014)

NAC 461A.355 Compliance with building codes and statutes. (NRS 461A.090)

1. A mobile home park will not be deemed to be in a substandard, unsafe or unsanitary condition solely because it was constructed under the building codes in existence before the effective date of the:

(a) Codes specified in NAC 461A.350; and

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

2. If a mobile home park was built in compliance with the building codes and statutes in existence at the time of construction, the agency for enforcement has the burden of proof to establish that the mobile home park is in a substandard, unsafe or unsanitary condition.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002; A by R192-05, 9-18-2006)

NAC 461A.360 Conditions that render mobile home park substandard. (NRS 461A.090) Any mobile home park where there exists any of the following listed conditions which endangers the life, health, property, safety or welfare of the public or the tenants of a mobile home park is hereby declared to be substandard, unsafe or unsanitary:

1. Unsanitary or faulty plumbing or drain systems.

2. Hazardous wiring or electrical systems.

3. Hazardous gas distribution systems.

4. Hazardous gas appliances or equipment.

5. Conditions that may cause fire or explosion.

6. Faulty fire protection systems.

7. Hazardous conditions caused by the lack of proper erosion control or maintenance of required erosion control structures.

8. Hazardous conditions caused by the disrepair of roads, walkways and driveways that may cause bodily injury or damage to vehicles.

9. Lack of or improper maintenance of refuse areas and receptacles.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.365 Inspections; commencement of proceedings to abate conditions; issuance of order to abate. (NRS 461A.090)

1. If the agency for enforcement reasonably believes that there is a substandard, unsafe or unsanitary condition within a mobile home park, the agency for enforcement may hire a person with special expertise to assist in the inspection of all or part of the mobile home park to determine whether there is a substandard, unsafe or unsanitary condition.

2. When the agency for enforcement has inspected or caused to be inspected any mobile home park and has determined that a substandard, unsafe or unsanitary condition exists within the mobile home park, proceedings to abate the condition must be commenced.

3. The agency for enforcement shall issue an order directed to the manager and to the owner of the mobile home park. The agency for enforcement shall provide a copy of the order to any tenant of the mobile home park who is affected by the order.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.370 Contents of order to abate. (NRS 461A.090) An order issued by the agency for enforcement must contain:

1. The street address and legal description sufficient for identification of the mobile home park.

2. A statement that the agency for enforcement has found a substandard, unsafe or unsanitary condition within the mobile home park with a brief and concise description of the conditions found to be in violation of this chapter and chapter 461A of NRS.

3. A statement of the action required to be taken as determined by the agency for enforcement.

4. Statements advising that if any required repair work is not commenced within the time specified, the agency for enforcement may order the mobile home park vacated and proceed to cause the work to be done and charge the costs of repair to the owner of the mobile home park or bring legal action in district court to cause the work to be completed as specified in the order.

5. Statements advising that any person having any title or legal interest in the mobile home park may appeal from the order or any action of the agency for enforcement and that the appeal must be made in writing and filed with the agency for enforcement within 20 days after the date of the service of the order, and that failure to appeal constitutes a waiver of all rights to a hearing and determination of the matter.

6. The address of the agency for enforcement where a person may make a written request for a hearing pursuant to NAC 461A.390.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.375 Order to abate requires permits be secured; time limit for abatement; failure to comply. (NRS 461A.090)

1. If the agency for enforcement has determined that a substandard, unsafe or unsanitary condition within the mobile home park must be abated, the order must state that all required permits must be secured and the work physically commenced within 30 days after the date of the order and completed within 120 days after the work is begun or within such time as the agency for enforcement determines is reasonable under all the circumstances.

2. Except as otherwise provided in NAC 461A.385 and 461A.390, if any repair work required by the agency for enforcement is not commenced or completed within the time specified, the agency for enforcement may order the mobile home park vacated and proceed to cause the work to be done and charge the costs of repair to the owner of the mobile home park or bring legal action in district court to cause the work to be completed as specified in the order.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.380 Issuance of order to vacate; posting of notices; options of owner. (NRS 461A.090)

1. Except as otherwise provided in NAC 461A.375 and 461A.395, if the agency for enforcement reasonably believes that there is an imminent danger to the health and safety of the tenants of the mobile home park, the agency for enforcement shall issue to the manager and to the owner of the mobile home park an order to vacate all or a portion of the mobile home park that poses a danger. An order to vacate must state a reasonable date as determined by the agency for enforcement by which all or a portion of the mobile home park must be vacated.

2. After the agency for enforcement has issued an order to vacate, the agency for enforcement shall post around the mobile home park notices stating, “SUBSTANDARD MOBILE HOME PARK, DO NOT OCCUPY.”

3. The owner of a mobile home park who is issued an order to vacate pursuant to this section may:

(a) Request a hearing pursuant to NAC 461A.390; or

(b) Seek injunctive relief through a court of competent jurisdiction.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.385 Requests for extensions of time. (NRS 461A.090)

1. The owner of the mobile home park may request in writing to the agency for enforcement reasonable extensions of time to secure the necessary permits or complete the required work. The agency for enforcement shall consider any requests for extensions of time and respond in writing within 5 business days after receipt of such requests.

2. In determining whether to grant extensions of time, the agency for enforcement shall consider the reasons set forth by the owner of the mobile home park, including, without limitation, delays caused by third parties or other circumstances outside the control of the owner of the mobile home park.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.390 Request for hearing; notice. (NRS 461A.090)

1. Any person against whom an action is taken pursuant to this chapter is entitled to notice in the form of an order and a hearing before the agency for enforcement.

2. Upon request for such a hearing, the owner of the mobile home park must be granted a hearing on the matter before an authorized representative of the agency for enforcement or any other board, commission or official authorized to conduct such hearings. This request must be made to the agency for enforcement in writing within 20 days after personal service or acknowledgment of receipt by mail of the order. If such a request is not received within 20 days after the date of personal service or acknowledgment of receipt by mail of the order, the order shall be deemed final.

3. Upon receipt of a request for a hearing, the agency for enforcement shall set a time and place for a hearing and shall give the petitioner written notice of the hearing to show cause why the substandard, unsafe or unsanitary condition within the mobile home park should not be abated. The agency for enforcement shall give notice of the hearing to any tenant of the mobile home park who is affected by the substandard, unsafe or unsanitary condition.

4. Receipt of the request for a hearing operates to delay any action by the agency for enforcement until after the hearing unless the agency for enforcement has issued an order to vacate the mobile home park for safety reasons pursuant to NAC 461A.380. If the mobile home park has been vacated for safety reasons and a written request for a hearing has been submitted to the agency for enforcement by the owner of the mobile home park, the agency for enforcement shall promptly grant the owner of the mobile home park a hearing on the matter before an authorized representative of the agency for enforcement or any other board, commission or official authorized to conduct such hearings.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.395 Conduct of hearing; rendering of decision; completion of work; failure to comply; appeal of decision. (NRS 461A.090)

1. At the time and place fixed in the notice given pursuant to NAC 461A.390, the authorized representative of the agency for enforcement or other board, commission or official authorized to conduct the hearing shall proceed to hear the testimony of the officers or employees of the agency for enforcement, the owner of the mobile home park or his or her representatives or any other person with relevant information respecting the condition of the mobile home park, the estimated cost of abatement of the substandard, unsafe or unsanitary condition and any other pertinent matters.

2. Upon the conclusion of the hearing, the person conducting the hearing shall:

(a) Render a decision in the matter;

(b) Report the decision to the agency for enforcement; and

3. If a substandard, unsafe or unsanitary condition is found to exist within the mobile home park, the owner of the mobile home park must be ordered to secure all required permits and commence work to abate the condition within 30 days after the date of personal service or acknowledgment of receipt by mail of the order. The work must be completed within 120 days after the work is begun or within such time as the agency for enforcement determines is reasonable under all the circumstances.

4. Except as otherwise provided in NAC 461A.385, if any repair work required by the agency for enforcement is not commenced or completed within the time specified, the agency for enforcement may order the mobile home park vacated and proceed to cause the work to be done and charge the costs of repair to the owner of the mobile home park or bring legal action in district court to cause the work to be completed as specified in the order.

5. The decision of the hearing may be appealed in accordance with the applicable provisions of chapter 233B of NRS.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.400 Service. (NRS 461A.090) Notice of orders, hearings and decisions of the agency for enforcement as required pursuant to this chapter must be served by sending a copy of the document by registered or certified mail, return receipt requested, to the parties specified or their representatives or by personal service thereof.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.405 Liability of owner for abatement. (NRS 461A.090) If a substandard, unsafe or unsanitary condition is found to exist within a mobile home park, the owner of the mobile home park is liable for the cost of finding or confirming the condition and the cost of abating the condition.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

NAC 461A.410 Liability of agency for enforcement for expense caused by removal or replacement of material. (NRS 461A.090)

1. The agency for enforcement is not liable for any expense caused by the removal or replacement of any material by the agency for enforcement in the mobile home park if:

(a) The removal or replacement of material was required to allow inspection;

(b) The requirement was reasonable;

(d) The agency for enforcement had a reasonable belief that the removal or replacement of material was necessary to determine whether the mobile home park had a substandard, unsafe or unsanitary condition; and

(e) The agency for enforcement actually found or confirmed a substandard, unsafe or unsanitary condition within the mobile home park as a result of the removal or replacement of material.

2. If the agency for enforcement does not find or confirm the existence of a substandard, unsafe or unsanitary condition within the mobile home park as a result of the removal or replacement of material, it shall pay the cost of replacing any soil, pavement, gravel, sod or any other ground covering or material that was removed. The agency for enforcement shall replace the material in such a manner as to return the mobile home park to a condition similar to that before the removal of such material.

(Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)

MISCELLANEOUS PROVISIONS

NAC 461A.450 Fees of Division; expiration of application for permit. (NRS 461A.090, 461A.220)

1. Any person who applies for a service of the Division must, when the application is made, pay the fee prescribed in this section. The fee is not refundable.

2. Fees to construct a mobile home park or repair the facilities of such a park are as follows:

Value of Construction

or Repairs		Fee
$1 to $500.....................................................		$15
$501 to $2,000..............................................		$15 for the first $500 plus $2 for each additional $100 or fraction thereof, to and including $2,000.
$2,001 to $25,000.........................................		$45 for the first $2,000 plus $9 for each additional $1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000.......................................		$252 for the first $25,000 plus $7 for each additional $1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000.....................................		$415 for the first $50,000 plus $5 for each additional $1,000 or fraction thereof, to and including $100,000.
$100,001 to $500,000...................................		$640 for the first $100,000 plus $4 for each additional $1,000 or fraction thereof, to and including $500,000.
$500,001 to $1,000,000................................		$2,040 for the first $500,000 plus $3 for each additional $1,000 or fraction thereof, to and including $1,000,000.
$1,000,001 or more.......................................		$3,540 for the first $1,000,000 plus $2 for each additional $1,000 or fraction thereof.

The Division will determine the value of the construction or repair for the purpose of setting the amount of the fee. The value will include the work of finishing the project and the value of all equipment and fixtures which are installed permanently.

3. The fee for reviewing plans and specifications is 65 percent of the fee prescribed in subsection 2.

4. Except as provided in subsection 5, the fee for inspecting the work of construction or repair is the same as the fee prescribed in subsection 2.

5. Other fees are prescribed as follows:

Per Hour
For an inspection outside of normal business hours (minimum charge - 2 hours)............................................................................................................	$50
For a reinspection...............................................................................................	50
For an inspection if no fee has been specifically prescribed (minimum charge - 1 hour)...........................................................................................................	50
For an additional review of an approved plan or revisions to it (minimum charge - 1 hour).............................................................................................	50
For each inspection or reinspection of a manufactured home, mobile home or mobile home park to determine the existence of or to abate substandard conditions (minimum charge - 1 hour)..........................................................	50

6. An application for which no permit is issued within 180 days after the application is received by the Division expires by limitation unless the Division extends the effective period of the application by 180 days upon the applicant’s showing of good cause.

7. For each inspection or reinspection conducted more than 25 miles from the inspector’s station of duty the Division may charge, in addition to the fee listed, the inspector’s:

(a) Actual expenses for travel;

(b) Salary; and

8. The fees prescribed in this section are not refundable unless:

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

(b) The fee was paid in error; or

(Added to NAC by Mfd. Housing Div., eff. 6-29-84; A 9-12-85; 8-23-95) — (Substituted in revision for NAC 461A.300)