Senate Bill No. 115–Committee on Human
Resources and Facilities

 

(On Behalf of the Public Works Board)

 

February 13, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides for designation of State Plumbing Code by State Public Works Board. (BDR 40‑540)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to plumbing codes; requiring the State Public Works Board to adopt regulations designating a plumbing code for use in this state; providing for the adoption by certain state entities of a plumbing code other than the Uniform Plumbing Code; providing exceptions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 444 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  As used in NRS 444.340 to 444.430, inclusive, and

1-4  sections 2 and 3 of this act, unless the context otherwise requires,

1-5  “State Plumbing Code” means the plumbing code designated for

1-6  use in this state by the State Public Works Board pursuant to

1-7  section 3 of this act.

1-8  Sec. 3.  The State Public Works Board shall adopt regulations

1-9  designating a State Plumbing Code for use in this state.

1-10  Modifications and waivers to the State Plumbing Code proposed

1-11  by a local government need not be adopted by regulation.

 

 

2-1  Sec. 4.  NRS 444.160 is hereby amended to read as follows:

2-2  444.160  Every construction or labor camp must have

2-3  convenient and suitable toilet facilities or portable facilities for

2-4  temporarily holding sewage that is treated with chemicals which

2-5  must be kept in a clean and sanitary state. [The] Notwithstanding

2-6  any provision of NRS 444.340 to 444.430, inclusive, and sections 2

2-7  and 3 of this act to the contrary, the toilet facilities and portable

2-8  facilities must conform to the provisions of the Uniform Plumbing

2-9  Code of the International Association of Plumbing and Mechanical

2-10  Officials, as adopted by the Health Division, or such other

2-11  plumbing code as may be adopted by the Health Division, and all

2-12  applicable administrative regulations which pertain to the disposal

2-13  of sewage.

2-14      Sec. 5.  NRS 444.270 is hereby amended to read as follows:

2-15      444.270  1.  [Every] Notwithstanding any provision of NRS

2-16  444.340 to 444.430, inclusive, and sections 2 and 3 of this act to

2-17  the contrary, every children’s camp must have suitable toilets and

2-18  disposal systems or portable facilities for temporarily holding

2-19  sewage that is treated with chemicals which conform to the

2-20  provisions of the Uniform Plumbing Code of the International

2-21  Association of Plumbing and Mechanical Officials, as adopted by

2-22  the Health Division, or such other plumbing code as may be

2-23  adopted by the Health Division, and all applicable administrative

2-24  regulations which pertain to the disposal of sewage.

2-25      2.  A children’s camp must provide one toilet or portable

2-26  facility for every 15 persons or fraction thereof in the camp

2-27  population.

2-28      Sec. 6.  NRS 444.340 is hereby amended to read as follows:

2-29      444.340  The policy of the State of Nevada with respect to the

2-30  uniformity of plumbing codes throughout the State is:

2-31      1.  That uniformity is a matter of statewide interest and concern,

2-32  affecting health and environmental conditions, housing costs and

2-33  efficiency in private housing construction.

2-34      2.  That, by allowing local governments to waive and modify

2-35  provisions of the [Uniform] State Plumbing Code, [adopted by the

2-36  International Association of Plumbing and Mechanical Officials,]

2-37  based on differences in geographic , topographic and climatic

2-38  conditions only upon submission of such proposed waivers and

2-39  modifications to the State Public Works Board, excessive waivers

2-40  and modifications would be deterred.

2-41      Sec. 7.  NRS 444.350 is hereby amended to read as follows:

2-42      444.350  1.  [Any] Except as otherwise provided in NRS

2-43  447.185 and 461.170, any construction, alteration or change in the

2-44  use of a building or other structure in this state must be in

2-45  compliance with the [Uniform] State Plumbing Code . [, of the

3-1  International Association of Plumbing and Mechanical Officials in

3-2  the form most recently adopted by that association, unless the] The

3-3  State Public Works Board [posts a notice of disapproval of any

3-4  amendment to the Code pursuant to subsection 5.] may adopt, by

3-5  regulation, such amendments and changes to the State Plumbing

3-6  Code as it determines necessary.

3-7  2.  Any city or county may adopt such modifications to the

3-8  State Plumbing Code as are [deemed] reasonably necessary because

3-9  of its geographic, topographic or climatic conditions. Any city or

3-10  county desiring to make changes to the [Uniform] State Plumbing

3-11  Code must, before [its adoption,] adopting the changes, submit the

3-12  State Plumbing Code with the proposed amendments to the State

3-13  Public Works Board.

3-14      3.  No city or county may allow the use of any solder or flux

3-15  that contains more than 0.2 percent lead or allow the use of any pipe

3-16  or pipe fitting that contains more than 8 percent lead in the

3-17  installation or repair of a public water system or any residence or

3-18  facility connected to a public water system. As used in this

3-19  subsection, “public water system” has the meaning ascribed to it in

3-20  NRS [445A.840.] 445A.235.

3-21      4.  A facility used by members of the public whose construction

3-22  or renovation begins on or after January 1, 1994, must provide on its

3-23  premises a sufficient number of water closets and urinals to comply

3-24  with the minimum standards set forth in the [Uniform] State

3-25  Plumbing Code. As used in this subsection, “facility used by

3-26  members of the public” means any motion picture house, theater,

3-27  concert hall, community hall, sports arena, stadium, ski resort or

3-28  other permanent place of exhibition or entertaining to which

3-29  members of the public are invited or which is intended for public

3-30  use. The term does not include:

3-31      (a) A hotel as defined in NRS 447.010.

3-32      (b) A food establishment as defined in NRS 446.020.

3-33      (c) A children’s camp as defined in NRS 444.220.

3-34      (d) A historic structure as defined in NRS 244A.6825.

3-35      (e) A public or private school.

3-36      (f) A convention hall.

3-37      5.  [The Chairman of the State Public Works Board or his

3-38  designee shall review each amendment to the Uniform Plumbing

3-39  Code and approve or disapprove of the amendment for use in

3-40  Nevada. If the Chairman does not post a notice of disapproval

3-41  within 30 days after an amendment is published, the amendment

3-42  shall be deemed approved for this state.

3-43      6.] As used in this section, unless the context otherwise

3-44  requires, “convention hall” means a facility which incorporates both

3-45  space for exhibitions and a substantial number of smaller spaces for

4-1  meetings, and which is primarily for use by trade shows, public

4-2  shows, conventions or related activities.

4-3  Sec. 8.  NRS 444.420 is hereby amended to read as follows:

4-4  444.420  The State Public Works Board shall:

4-5  1.  Review all proposed [adoptions of the Uniform] changes to

4-6  the State Plumbing Code by any city or county , [and any proposed

4-7  changes to the Uniform Plumbing Code,] and advise [such] the city

4-8  or county on whether [or not such] the change is [deemed]

4-9  warranted by geographic, topographic or climatic conditions.

4-10      2.  Submit a copy of [the Uniform] any approved changes to

4-11  the State Plumbing Code adopted by any city or county to the

4-12  Health Division . [of the Department of Human Resources.]

4-13      Sec. 9.  NRS 444.430 is hereby amended to read as follows:

4-14      444.430  1.  The governing body of any city or county shall,

4-15  not less than 60 days [prior to] before the adoption of any

4-16  regulation for the enforcement of the [Uniform] State Plumbing

4-17  Code or any other regulations adopted pursuant thereto, deliver [by

4-18  certified or registered mail,] a copy of the proposed regulation by

4-19  certified or registered mail to the State Public Works Board for the

4-20  Board’s recommendation on the proposed regulation.

4-21      2.  The governing body of the city or county may, at any time

4-22  60 days or more after the State Public Works Board receives the

4-23  copy of the proposed regulation, adopt the regulation with or

4-24  without the approval of the State Public Works Board.

4-25      Sec. 10.  NRS 447.185 is hereby amended to read as follows:

4-26      447.185  The reconstruction of existing hotels, including all

4-27  types of transient lodging establishments, and the construction of

4-28  new hotels, including all types of transient lodging establishments,

4-29  [shall] must be in accord with pertinent state laws, rules and

4-30  regulations of the State Board of Health or local board of health, and

4-31  the latest editions of [the] :

4-32      1.  The Uniform Building Code [and the] ;

4-33      2.  The Uniform Plumbing Code , or such other plumbing code

4-34  as may be designated by the State Board of Health; and [such]

4-35      3.  Such other codes as the State Board of Health may

4-36  designate.

4-37      Sec. 11.  NRS 461.170 is hereby amended to read as follows:

4-38      461.170  1.  Unless the Division has adopted a more recent

4-39  edition pursuant to paragraph (b) of subsection 2, or a different

4-40  plumbing code pursuant to subsection 3, the following codes and

4-41  standards, in the form most recently published before January 1,

4-42  1999, are hereby adopted for the purposes of this chapter:

4-43      (a) The Uniform Housing Code;

4-44      (b) The Uniform Building Code, as adopted by the International

4-45  Conference of Building Officials;

5-1  (c) The Uniform Plumbing Code, as adopted by the International

5-2  Association of Plumbing and Mechanical Officials;

5-3  (d) The Uniform Mechanical Code, as adopted by the

5-4  International Conference of Building Officials and the International

5-5  Association of Plumbing and Mechanical Officials;

5-6  (e) The National Electrical Code, as adopted by the National

5-7  Fire Protection Association;

5-8  (f) The Uniform Building Code, Dangerous Building, as adopted

5-9  by the International Conference of Building Officials;

5-10      (g) The Uniform Building Code Standards, as adopted by the

5-11  International Conference of Building Officials; and

5-12      (h) The American National Standards Institute Standard

5-13  No. A117.1.

5-14      2.  The Division may:

5-15      (a) Adopt regulations necessary to carry out the provisions of

5-16  this chapter and the codes and standards adopted by this section.

5-17      (b) Adopt, by regulation, the most recent edition of the codes

5-18  and standards specified in subsection 1.

5-19      (c) Revise the regulations to conform substantially to any

5-20  amendments to the codes and standards.

5-21      3.  The Division may, in lieu of the Uniform Plumbing Code

5-22  adopted pursuant to paragraph (c) of subsection 1, adopt by

5-23  regulation a different plumbing code for the purposes of this

5-24  chapter.

5-25      4.  If approved in writing by the Division, a local enforcement

5-26  agency may impose requirements that are more stringent than the

5-27  codes, standards and regulations adopted under this section.

5-28      Sec. 12.  NRS 624.3017 is hereby amended to read as follows:

5-29      624.3017  The following acts, among others, constitute cause

5-30  for disciplinary action under NRS 624.300:

5-31      1.  Workmanship which is not commensurate with standards of

5-32  the trade in general or which is below the standards in the building

5-33  or construction codes adopted by the city or county in which the

5-34  work is performed. If no applicable building or construction code

5-35  has been adopted locally, then workmanship must meet the

5-36  standards prescribed in the Uniform Building Code, the Uniform

5-37  Plumbing Code or such other plumbing code as may be designated

5-38  by the Board, or the National Electrical Code in the form of the

5-39  code most recently approved by the Board. The Board shall review

5-40  each edition of the Uniform Building Code, Uniform Plumbing

5-41  Code or such other plumbing code as may be designated by the

5-42  Board, and the National Electrical Code that is published after the

5-43  1996 edition to ensure its suitability. Each new edition of the code

5-44  shall be deemed approved by the Board unless the edition is

6-1  disapproved by the Board within 60 days [of] after the publication

6-2  of the code.

6-3  2.  Advertising projects of construction without including in the

6-4  advertisements the name and license number of the licensed

6-5  contractor who is responsible for the construction.

6-6  3.  Advertising projects of construction beyond the scope of the

6-7  license.

6-8  Sec. 13.  Notwithstanding any provision of this act to the

6-9  contrary, the Uniform Plumbing Code of the International

6-10  Association of Plumbing and Mechanical Officials, and the Uniform

6-11  Plumbing Code as adopted by any city or county in this state, that

6-12  were in effect on the effective date of this act remain in effect until a

6-13  State Plumbing Code is designated by the State Public Works Board

6-14  pursuant to section 3 of this act.

6-15      Sec. 14.  This act becomes effective upon passage and

6-16  approval.

 

6-17  H