Assembly Bill No. 262

Assembly Bill No. 262-Committee on Ways and Means

CHAPTER

403

AN ACT relating to professions; revising the provisions governing the practice of architects, registered interior designers, residential designers, professional engineers and landscape architects in groups; clarifies provision regarding annual requirement of continuing education for architects, interior designers and residential designers; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:
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 chapter 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.
Sec. 2. NRS 623.350 is hereby amended to read as follows:
623.3501. [This chapter does not prevent firms, partnerships, corporations or associations of architects, registered interior designers, professional engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered or licensed pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2.] Every office or place of business of any [firm,] partnership, corporation , limited-liability company or other business organization or association engaged in the practice of architecture [must] pursuant to the provisions of section 1 of this act shall have an architect 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 directly responsible for the administration of the architectural work conducted in the office or place of business.
[3.] The provisions of this subsection [2] do not apply to [firms,] partnerships, corporations , limited-liability companies or other business organization or associations engaged in the practice of architecture 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 section 1 of this act 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 section 1 of this act 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.
Sec. 3. NRS 623A.250 is hereby amended to read as follows:
623A.2501. A firm, partnership, corporation or association may engage in the practice of landscape architecture if:
[1.] (a) All work is under the supervision and direction of a certificate holder;
[2.] (b) The name or names of all certificate holders appear in the name of the firm, partnership, corporation or association;
[3.] (c) The name of the certificate holder appears on all papers or documents used in the practice of landscape architecture; and
[4.] (d) All instruments of service are signed by the certificate holder.
2. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with section 1 of this act, 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.
Sec. 4. NRS 625.261 is hereby amended to read as follows:
625.261 1. Except as otherwise provided in this section:
(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where such work is or will be performed; and
(b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.
2. If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and
(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.
3. Except as otherwise provided in subsection [4:] 5:
(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business shall employ full time at that place of business a professional engineer licensed in that discipline.
(b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.
4. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with section 1 of this act, 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.
5. The provisions of this section do not apply to a firm, partnership, corporation or other person who:
(a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or
(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.
Sec. 5. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
A city or county building inspector, or other officer performing the functions of that position, shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the city or county officer at least three times.
Sec. 6. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
A public body shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the public body at least three times.
Sec. 7. Section 1 of Assembly Bill No. 105 of this session is hereby amended to read as follows:

Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:

The board may, by regulation, require each architect, 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 his certificate.

Sec. 8. 1. This section and section 7 become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1, 3, 5 and 6 become effective on October 1, 1997.
3. Sections 2 and 4 of this act become effective at 12:01 a.m. on October 1, 1997.
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