REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 6, 11, 14, 29, 34, 38) exempt
(Reprinted with amendments adopted on June 2, 2003)
THIRD REPRINT S.B. 132
Senate Bill No. 132–Senator Coffin
February 13, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires licensure of persons engaged in certain activities relating to control of mold. (BDR 53‑235)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to mold; requiring the State Contractors’ Board to license and regulate persons who engage in the remediation of mold; requiring the Board of Registered Environmental Health Specialists to certify and regulate persons who engage in the inspection and testing of mold; authorizing the Board to delegate such duties to local health authorities; requiring the State Environmental Commission to adopt regulations for the disposal of mold and material containing mold; providing penalties; 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 624 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 17, inclusive, of this
1-3 act.
1-4 Sec. 2. As used in NRS 624.240 to 624.750, inclusive, unless
1-5 the context otherwise requires, “license” means a contractor’s
1-6 license issued pursuant to NRS 624.240 to 624.288, inclusive.
1-7 Sec. 3. As used in sections 3 to 17, inclusive, of this act,
1-8 unless the context otherwise requires:
1-9 1. “Mold” means any form of multicellular fungi that lives
1-10 on plant or animal matter and in indoor environments, which may
1-11 or may not be a health hazard. The term includes, without
1-12 limitation, the following types of mold:
2-1 (a) Clasdosporium;
2-2 (b) Penicillium;
2-3 (c) Alternaria;
2-4 (d) Aspergillus;
2-5 (e) Fuarim;
2-6 (f) Trichoderma;
2-7 (g) Memnoniella;
2-8 (h) Mucor; and
2-9 (i) Stachybotrys chartarum.
2-10 2. “Remediation of mold” includes, without limitation:
2-11 (a) The enclosure or removal of mold or material containing
2-12 mold from a building or structure, including any associated
2-13 mechanical systems inside or outside the building or structure;
2-14 (b) The abatement of mold or material containing mold in a
2-15 building or structure, including any associated mechanical
2-16 systems inside or outside the building or structure;
2-17 (c) The repair, renovation or demolition of a building or
2-18 structure containing mold or material containing mold; or
2-19 (d) Any activity connected with the enclosure, removal,
2-20 abatement, repair, renovation or demolition of a building or
2-21 structure containing mold or material containing mold.
2-22 Sec. 4. The provisions of sections 3 to 17, inclusive, of this
2-23 act do not apply to the remediation of mold by:
2-24 1. A person in his residence; or
2-25 2. The developer, contractor or any subcontractor who
2-26 constructed the residence if:
2-27 (a) The residence is in the process of initial construction and
2-28 the first homeowner has not yet occupied the residence; or
2-29 (b) The residence is occupied by a homeowner and the
2-30 remediation of mold or other repair is being performed by the
2-31 developer, contractor or subcontractor pursuant to a legal
2-32 obligation or right to repair the residence.
2-33 Sec. 5. 1. The Board shall adopt regulations establishing
2-34 standards and procedures for the licensure of persons engaged in
2-35 the remediation of mold.
2-36 2. The regulations must include, without limitation, standards
2-37 for:
2-38 (a) Examinations;
2-39 (b) Qualifications;
2-40 (c) Renewal of licenses;
2-41 (d) Revocation of licenses; and
2-42 (e) Continuing education.
2-43 3. The Board shall not adopt any regulation concerning the
2-44 effect various types of mold may have on human health or
2-45 designating what types of mold are health hazards unless federal
3-1 standards have been adopted for this purpose and the regulation
3-2 of the Board is in compliance with those federal standards or the
3-3 regulation is in compliance with generally accepted scientific
3-4 practices for the remediation of mold.
3-5 Sec. 6. The Board shall:
3-6 1. Establish by regulation a schedule of fees designed to
3-7 recover revenue to defray the cost of carrying out the provisions of
3-8 sections 3 to 17, inclusive, of this act.
3-9 2. Collect fees for applications, the issuance and renewal of
3-10 licenses, examinations, job notifications and inspections,
3-11 recordkeeping and any other activity of the Board related to the
3-12 provisions of sections 3 to 17, inclusive, of this act.
3-13 Sec. 7. 1. A person shall not engage in the remediation of
3-14 mold unless he holds a license issued by the Board.
3-15 2. A person licensed to engage in the remediation of mold
3-16 shall not engage in the remediation of mold on any building or
3-17 structure if the inspection and testing of mold on the building or
3-18 structure was performed by:
3-19 (a) The person who is engaging in the remediation of mold on
3-20 the building; or
3-21 (b) Any person who is:
3-22 (1) Related by blood or marriage to the person licensed to
3-23 engage in the remediation of mold; or
3-24 (2) In any type of business relationship with the person
3-25 licensed to engage in the remediation of mold.
3-26 Sec. 8. A person applying for a license to engage in the
3-27 remediation of mold must:
3-28 1. Submit an application on a form prescribed and furnished
3-29 by the Board;
3-30 2. Pass an examination approved or administered by the
3-31 Board;
3-32 3. Present proof satisfactory to the Board that he is insured to
3-33 the extent determined necessary by the Board for the appropriate
3-34 activities associated with the remediation of mold that are
3-35 permitted under the requested license, for the effective period of
3-36 the license; and
3-37 4. Comply with any additional requirements established by
3-38 the Board.
3-39 Sec. 9. 1. An applicant for the issuance or renewal of a
3-40 license to engage in the remediation of mold shall submit to
3-41 the Board the statement prescribed by the Welfare Division of the
3-42 Department of Human Resources pursuant to NRS 425.520. The
3-43 statement must be completed and signed by the applicant.
3-44 2. The Board shall include the statement required pursuant to
3-45 subsection 1 in:
4-1 (a) The application or any other forms that must be submitted
4-2 for the issuance or renewal of the license; or
4-3 (b) A separate form prescribed by the Board.
4-4 3. A license to engage in the remediation of mold may not be
4-5 issued or renewed by the Board if the applicant:
4-6 (a) Fails to submit the statement required pursuant to
4-7 subsection 1; or
4-8 (b) Indicates on the statement submitted pursuant to
4-9 subsection 1 that he is subject to a court order for the support of a
4-10 child and is not in compliance with the order or a plan approved
4-11 by the district attorney or other public agency enforcing the order
4-12 for the repayment of the amount owed pursuant to the order.
4-13 4. If an applicant indicates on the statement submitted
4-14 pursuant to subsection 1 that he is subject to a court order for the
4-15 support of a child and is not in compliance with the order or a
4-16 plan approved by the district attorney or other public agency
4-17 enforcing the order for the repayment of the amount owed
4-18 pursuant to the order, the Board shall advise the applicant to
4-19 contact the district attorney or other public agency enforcing the
4-20 order to determine the actions that the applicant may take to
4-21 satisfy the arrearage.
4-22 Sec. 10. An application for the issuance of a license to
4-23 engage in the remediation of mold must include the social security
4-24 number of the applicant.
4-25 Sec. 11. 1. A license to engage in the remediation of mold
4-26 expires on December 31 of each year.
4-27 2. To renew a license to engage in the remediation of mold, a
4-28 person must, on or before January 1 of each year:
4-29 (a) Apply to the Board for renewal;
4-30 (b) Submit the statement required pursuant to section 9 of this
4-31 act;
4-32 (c) Pay the annual fee for renewal established by the Board;
4-33 and
4-34 (d) Submit evidence satisfactory to the Board of his completion
4-35 of the requirements for continuing education or training
4-36 established by the Board, if any.
4-37 3. The Board may adopt regulations requiring continuing
4-38 education or training of persons who are licensed to engage in the
4-39 remediation of mold and, as a prerequisite to the renewal or
4-40 restoration of such a license, require each licensee to comply with
4-41 those requirements.
4-42 Sec. 12. 1. The State Environmental Commission shall
4-43 adopt, by regulation, standards for the disposal of mold and
4-44 material containing mold removed from a building or structure
4-45 during a project for the remediation of mold.
5-1 2. All mold and material containing mold removed from a
5-2 building or structure during a project for the remediation of mold
5-3 must be disposed of in accordance with the regulations adopted by
5-4 the State Environmental Commission pursuant to subsection 1.
5-5 Sec. 13. 1. If the Board receives a copy of a court order
5-6 issued pursuant to NRS 425.540 that provides for the suspension
5-7 of all professional, occupational and recreational licenses,
5-8 certificates and permits issued to a person who is the holder of a
5-9 license to engage in the remediation of mold, the Board shall deem
5-10 the license issued to that person to be suspended at the end of the
5-11 30th day after the date on which the court order was issued unless
5-12 the Board receives a letter issued to the holder of the license by the
5-13 district attorney or other public agency pursuant to NRS 425.550
5-14 stating that the holder of the license has complied with the
5-15 subpoena or warrant or has satisfied the arrearage pursuant to
5-16 NRS 425.560.
5-17 2. The Board shall reinstate a license to engage in the
5-18 remediation of mold that has been suspended by a district court
5-19 pursuant to NRS 425.540 if the Board receives a letter issued by
5-20 the district attorney or other public agency pursuant to NRS
5-21 425.550 to the person whose license was suspended stating that the
5-22 person whose license was suspended has complied with the
5-23 subpoena or warrant or has satisfied the arrearage pursuant to
5-24 NRS 425.560.
5-25 Sec. 14. 1. If the Board finds that a person has violated any
5-26 of the provisions of sections 3 to 17, inclusive, of this act, or any
5-27 standard or regulation adopted pursuant thereto, the Board may:
5-28 (a) Upon the first violation, impose upon the person an
5-29 administrative fine of not more than $15,000.
5-30 (b) Upon the second and subsequent violations:
5-31 (1) Impose upon the person an administrative fine of not
5-32 more than $25,000; and
5-33 (2) If the person is licensed to engage in the remediation of
5-34 mold, revoke his license and require the person to fulfill certain
5-35 requirements, as determined by the Board, to have his license
5-36 reinstated.
5-37 2. Any penalty imposed pursuant to this section does not
5-38 relieve the person from criminal prosecution for engaging in the
5-39 remediation of mold without a license.
5-40 3. If the license of a contractor for projects for the
5-41 remediation of mold is revoked pursuant to this section and the
5-42 owner of a building or structure upon which the contractor is
5-43 engaged in a project employs another licensed contractor to
5-44 complete the project, the original contractor may not bring an
5-45 action against the owner of the building or structure for breach of
6-1 contract or damages based on the employment of another
6-2 contractor.
6-3 Sec. 15. 1. If the Board intends to revoke a person’s license
6-4 to engage in the remediation of mold, the Board shall first notify
6-5 the person by certified mail. The notice must contain a statement
6-6 of the Board’s legal authority, jurisdiction and reasons for the
6-7 proposed action.
6-8 2. Notwithstanding the notification requirements of
6-9 subsection 1, if the Board finds that protection of the public health
6-10 requires immediate action, the Board may order a summary
6-11 suspension of such a license pending proceedings for revocation.
6-12 3. A person is entitled to a hearing to contest the summary
6-13 suspension or proposed revocation of his license. A request for
6-14 such a hearing must be made pursuant to regulations adopted by
6-15 the Board.
6-16 4. Upon receiving a request for a hearing to contest a
6-17 summary suspension, the Board shall hold a hearing within 10
6-18 days after the date of the receipt of the request.
6-19 Sec. 16. 1. The Board may maintain in any court of
6-20 competent jurisdiction a suit for an injunction against any person
6-21 engaged in the remediation of mold in violation of any of the
6-22 provisions of sections 3 to 17, inclusive, of this act or any standard
6-23 or regulation adopted by the Board pursuant thereto.
6-24 2. An injunction:
6-25 (a) May be issued without proof of actual damage sustained by
6-26 any person, this provision being a preventive as well as a punitive
6-27 measure.
6-28 (b) Does not relieve the person from criminal liability for
6-29 engaging in the remediation of mold without a license.
6-30 Sec. 17. Any person who engages in the remediation of mold
6-31 without a license issued by the Board is guilty of a misdemeanor.
6-32 Sec. 18. NRS 624.031 is hereby amended to read as follows:
6-33 624.031 The provisions of [this chapter] NRS 624.005 to
6-34 624.750, inclusive, do not apply to:
6-35 1. Work performed exclusively by an authorized representative
6-36 of the United States Government, the State of Nevada, or an
6-37 incorporated city, county, irrigation district, reclamation district, or
6-38 other municipal or political corporation or subdivision of this state.
6-39 2. An officer of a court when acting within the scope of his
6-40 office.
6-41 3. Work performed exclusively by a public utility operating
6-42 pursuant to the regulations of the Public Utilities Commission of
6-43 Nevada on construction, maintenance and development work
6-44 incidental to its business.
7-1 4. An owner of property who is building or improving a
7-2 residential structure on the property for his own occupancy and not
7-3 intended for sale or lease. The sale or lease, or the offering for sale
7-4 or lease, of the newly built structure within 1 year after its
7-5 completion creates a rebuttable presumption for the purposes of this
7-6 section that the building of the structure was performed with the
7-7 intent to sell or lease that structure. An owner of property who
7-8 requests an exemption pursuant to this subsection must apply to the
7-9 Board for the exemption. The Board shall adopt regulations setting
7-10 forth the requirements for granting the exemption.
7-11 5. An owner of a complex containing not more than four
7-12 condominiums, townhouses, apartments or cooperative units, the
7-13 managing officer of the owner or an employee of the managing
7-14 officer, who performs work to repair or maintain that property the
7-15 value of which is less than $500, including labor and materials,
7-16 unless:
7-17 (a) A building permit is required to perform the work;
7-18 (b) The work is of a type performed by a plumbing, electrical,
7-19 refrigeration, heating or air-conditioning contractor;
7-20 (c) The work is of a type performed by a contractor licensed in a
7-21 classification prescribed by the Board that significantly affects the
7-22 health, safety and welfare of members of the general public;
7-23 (d) The work is performed as a part of a larger project:
7-24 (1) The value of which is $500 or more; or
7-25 (2) For which contracts of less than $500 have been awarded
7-26 to evade the provisions of this chapter; or
7-27 (e) The work is performed by a person who is licensed pursuant
7-28 to this chapter or by an employee of that person.
7-29 6. The sale or installation of any finished product, material or
7-30 article of merchandise which is not fabricated into and does not
7-31 become a permanent fixed part of the structure.
7-32 7. The construction, alteration, improvement or repair of
7-33 personal property.
7-34 8. The construction, alteration, improvement or repair financed
7-35 in whole or in part by the Federal Government and conducted within
7-36 the limits and boundaries of a site or reservation, the title of which
7-37 rests in the Federal Government.
7-38 9. An owner of property, the primary use of which is as an
7-39 agricultural or farming enterprise, building or improving a structure
7-40 on the property for his use or occupancy and not intended for sale or
7-41 lease.
7-42 Sec. 19. NRS 624.250 is hereby amended to read as follows:
7-43 624.250 1. To obtain or renew a license, an applicant must
7-44 submit to the Board an application in writing containing:
8-1 (a) The statement that the applicant desires the issuance of a
8-2 license under the terms of [this chapter.] NRS 624.005 to 624.750,
8-3 inclusive.
8-4 (b) The street address or other physical location of the
8-5 applicant’s place of business.
8-6 (c) The name of a person physically located in this state for
8-7 service of process on the applicant.
8-8 (d) The street address or other physical location in this state and,
8-9 if different, the mailing address, for service of process on the
8-10 applicant.
8-11 (e) The names and physical and mailing addresses of any
8-12 owners, partners, officers, directors, members and managerial
8-13 personnel of the applicant.
8-14 (f) Any information requested by the Board to ascertain the
8-15 background, financial responsibility, experience, knowledge and
8-16 qualifications of the applicant.
8-17 2. The application must be:
8-18 (a) Made on a form prescribed by the Board in accordance with
8-19 the rules and regulations adopted by the Board.
8-20 (b) Accompanied by the fee fixed by this chapter.
8-21 3. The Board shall include on an application form for the
8-22 issuance or renewal of a license, a method for allowing an applicant
8-23 to make a monetary contribution to the Construction Education
8-24 Account created pursuant to NRS 624.580. The application form
8-25 must state in a clear and conspicuous manner that a contribution to
8-26 the Construction Education Account is voluntary and is in addition
8-27 to any fees required for licensure. If the Board receives a
8-28 contribution from an applicant, the Board shall deposit the
8-29 contribution with the State Treasurer for credit to the Construction
8-30 Education Account.
8-31 4. If the applicant is a natural person, the application must
8-32 include the social security number of the applicant.
8-33 Sec. 20. NRS 624.2545 is hereby amended to read as follows:
8-34 624.2545 1. If the Board denies an application for issuance or
8-35 renewal of a license pursuant to [this chapter,] NRS 624.005 to
8-36 624.750, inclusive, the Board shall send by certified mail, return
8-37 receipt requested, written notice of the denial to the most current
8-38 address of the applicant set forth in the records of the Board.
8-39 2. A notice of denial must include, without limitation, a
8-40 statement which explains that the applicant has a right to a hearing
8-41 before the Board if the applicant submits a written request for such a
8-42 hearing to the Board within 60 days after the notice of denial is sent
8-43 to the address of the applicant pursuant to this section.
8-44 3. If an applicant who receives a notice of denial pursuant to
8-45 this section desires to have the denial reviewed at a hearing before
9-1 the Board, he must submit a written request for a hearing before the
9-2 Board concerning the denial within 60 days after the notice of denial
9-3 is sent to his address. If an applicant does not submit notice in
9-4 accordance with this subsection, the applicant’s right to a hearing
9-5 shall be deemed to be waived.
9-6 4. Except as otherwise provided in this subsection, if the Board
9-7 receives notice from an applicant pursuant to subsection 3, the
9-8 Board shall hold a hearing on the decision to deny the application of
9-9 the applicant within 90 days after the date the Board receives notice
9-10 pursuant to subsection 3. If an applicant requests a continuance and
9-11 the Board grants the continuance, the hearing required pursuant to
9-12 this subsection may be held more than 90 days after the date the
9-13 Board receives notice pursuant to subsection 3.
9-14 Sec. 21. NRS 624.283 is hereby amended to read as follows:
9-15 624.283 1. Each license issued under the provisions of [this
9-16 chapter] NRS 624.005 to 624.750, inclusive, expires 1 year after the
9-17 date on which it is issued, except that the Board may by regulation
9-18 prescribe shorter or longer periods and prorated fees to establish a
9-19 system of staggered renewals. Any license which is not renewed on
9-20 or before the date for renewal is automatically suspended.
9-21 2. A license may be renewed by submitting to the Board:
9-22 (a) An application for renewal;
9-23 (b) The statement required pursuant to NRS 624.268 if the
9-24 holder of the license is a natural person;
9-25 (c) The fee for renewal fixed by the Board; and
9-26 (d) Any assessment required pursuant to NRS 624.470 if the
9-27 holder of the license is a residential contractor as defined in
9-28 NRS 624.450.
9-29 3. The Board may require a licensee to demonstrate his
9-30 financial responsibility at any time through the submission of:
9-31 (a) A financial statement that is prepared by an independent
9-32 certified public accountant; and
9-33 (b) If the licensee performs residential construction, such
9-34 additional documentation as the Board deems appropriate.
9-35 4. If a license is automatically suspended pursuant to
9-36 subsection 1, the licensee may have his license reinstated upon filing
9-37 an application for renewal within 6 months after the date of
9-38 suspension and paying, in addition to the fee for renewal, a fee for
9-39 reinstatement fixed by the Board, if he is otherwise in good standing
9-40 and there are no complaints pending against him. If he is otherwise
9-41 not in good standing or there is a complaint pending, the Board shall
9-42 require him to provide a current financial statement prepared by an
9-43 independent certified public accountant or establish other conditions
9-44 for reinstatement. If the licensee is a natural person, his application
9-45 for renewal must be accompanied by the statement required
10-1 pursuant to NRS 624.268. A license which is not reinstated within 6
10-2 months after it is automatically suspended may be cancelled by the
10-3 Board, and a new license may be issued only upon application for an
10-4 original contractor’s license.
10-5 Sec. 22. NRS 624.284 is hereby amended to read as follows:
10-6 624.284 A contractor’s license issued pursuant to [this chapter]
10-7 NRS 624.005 to 624.750, inclusive, does not authorize a contractor
10-8 to construct or repair a mobile home, manufactured home or
10-9 commercial coach.
10-10 Sec. 23. NRS 624.3014 is hereby amended to read as follows:
10-11 624.3014 The following acts, among others, constitute cause
10-12 for disciplinary action under NRS 624.300:
10-13 1. Acting in the capacity of a contractor under any license
10-14 issued hereunder except:
10-15 (a) In the name of the licensee as set forth upon the license.
10-16 (b) As an employee of the licensee as set forth in the application
10-17 for such license or as later changed pursuant to this chapter and the
10-18 rules and regulations of the Board.
10-19 2. With the intent to evade the provisions of [this chapter:]
10-20 NRS 624.005 to 624.750, inclusive:
10-21 (a) Aiding or abetting an unlicensed person to evade [the
10-22 provisions of this chapter.] those provisions.
10-23 (b) Combining or conspiring with an unlicensed person to
10-24 perform an unauthorized act.
10-25 (c) Allowing a license to be used by an unlicensed person.
10-26 (d) Acting as agent, partner or associate of an unlicensed person.
10-27 (e) Furnishing estimates or bids to an unlicensed person.
10-28 3. Any attempt by a licensee to assign, transfer or otherwise
10-29 dispose of a license or permit the unauthorized use thereof.
10-30 Sec. 24. NRS 624.450 is hereby amended to read as follows:
10-31 624.450 “Residential contractor” means a contractor who is
10-32 licensed pursuant to [this chapter] NRS 624.005 to 624.750,
10-33 inclusive, and who contracts with the owner of a single-family
10-34 residence to perform qualified services.
10-35 Sec. 25. NRS 624.700 is hereby amended to read as follows:
10-36 624.700 1. It is unlawful for any person or combination of
10-37 persons to:
10-38 (a) Engage in the business or act in the capacity of a contractor
10-39 within this state; or
10-40 (b) Submit a bid on a job situated within this state,
10-41 without having an active license therefor as provided in [this
10-42 chapter,] NRS 624.005 to 624.750, inclusive, unless that person or
10-43 combination of persons is exempted from licensure pursuant to
10-44 NRS 624.031.
11-1 2. The district attorneys in this state shall prosecute all
11-2 violations of this section which occur in their respective counties,
11-3 unless the violations are prosecuted by the Attorney General. Upon
11-4 the request of the Board, the Attorney General shall prosecute any
11-5 violation of this section in lieu of prosecution by the district
11-6 attorney.
11-7 3. In addition to any other penalty imposed pursuant to this
11-8 chapter, a person who is convicted of violating subsection 1 may be
11-9 required to pay:
11-10 (a) Court costs and the costs of prosecution;
11-11 (b) Reasonable costs of the investigation of the violation to the
11-12 Board;
11-13 (c) Damages he caused as a result of the violation up to the
11-14 amount of his pecuniary gain from the violation; or
11-15 (d) Any combination of paragraphs (a), (b) and (c).
11-16 4. If a person submits a bid or enters into a contract in violation
11-17 of subsection 1, the bid or contract shall be deemed void ab initio.
11-18 Sec. 26. Chapter 625A of NRS is hereby amended by adding
11-19 thereto the provisions set forth as sections 27 to 41, inclusive, of this
11-20 act.
11-21 Sec. 27. As used in sections 27 to 41, inclusive, of this act,
11-22 unless the context otherwise requires:
11-23 1. “Inspection and testing of mold” includes, without
11-24 limitation:
11-25 (a) Visual inspection;
11-26 (b) Surface sampling;
11-27 (c) Air monitoring; and
11-28 (d) Laboratory analysis.
11-29 2. “Mold” means any form of multicellular fungi that lives
11-30 on plant or animal matter and in indoor environments, which may
11-31 or may not be a health hazard. The term includes, without
11-32 limitation, the following types of mold:
11-33 (a) Clasdosporium;
11-34 (b) Penicillium;
11-35 (c) Alternaria;
11-36 (d) Aspergillus;
11-37 (e) Fuarim;
11-38 (f) Trichoderma;
11-39 (g) Memnoniella;
11-40 (h) Mucor; and
11-41 (i) Stachybotrys chartarum.
11-42 Sec. 28. 1. The Board shall adopt regulations establishing
11-43 standards and procedures for the certification of persons engaged
11-44 in the inspection and testing of mold. In adopting the regulations,
12-1 the Board shall consult with local health authorities in counties
12-2 whose population is 100,000 or more.
12-3 2. The regulations must include, without limitation, standards
12-4 for:
12-5 (a) Examinations;
12-6 (b) Qualifications;
12-7 (c) Renewal of certificates;
12-8 (d) Revocation of certificates; and
12-9 (e) Continuing education.
12-10 3. The Board shall not adopt any regulation concerning the
12-11 effect various types of mold may have on human health or
12-12 designating what types of mold are health hazards unless federal
12-13 standards have been adopted for this purpose and the regulation
12-14 of the Board is in compliance with those federal standards or the
12-15 regulation is in compliance with generally accepted scientific
12-16 practices for the inspection and testing of mold.
12-17 Sec. 29. The Board shall:
12-18 1. Establish by regulation a schedule of fees designed to
12-19 recover revenue to defray the cost of carrying out the provisions of
12-20 sections 27 to 41, inclusive, of this act. In establishing the
12-21 regulations, the Board may consult with local health authorities.
12-22 2. Collect fees for applications, the issuance and renewal of
12-23 certificates, examinations, job notifications and inspections,
12-24 recordkeeping and any other activity of the Board related to the
12-25 provisions of sections 27 to 41, inclusive, of this act.
12-26 Sec. 29.5. The Board may enter into a written agreement
12-27 with any local health authority pursuant to which the local health
12-28 authority may perform any duty of the Board related to carrying
12-29 out the provisions of sections 27 to 41, inclusive, of this act within
12-30 the jurisdiction of the local health authority, including, without
12-31 limitation, processing applications for certificates, issuing and
12-32 renewing certificates, offering examinations and providing any
12-33 other administrative duties related to carrying out the provisions
12-34 of sections 27 to 41, inclusive, of this act and any regulations
12-35 adopted pursuant thereto. The Board shall reimburse a local
12-36 health authority for any such services rendered on behalf of the
12-37 Board pursuant to this section through the fees collected for the
12-38 application for and the issuance and renewal of certificates.
12-39 Sec. 30. 1. A person shall not engage in the inspection and
12-40 testing of mold unless he holds a certificate issued by the Board.
12-41 2. A person certified to engage in the inspection and testing
12-42 of mold shall not engage in the remediation of mold on any
12-43 building or structure if the inspection and testing of mold on the
12-44 building or structure was performed by:
13-1 (a) The person who is engaging in the remediation of mold on
13-2 the building or structure; or
13-3 (b) Any person who is:
13-4 (1) Related by blood or marriage to the person certified to
13-5 engage in the inspection and testing of mold; or
13-6 (2) In any type of business relationship with the person
13-7 certified to engage in the inspection and testing of mold.
13-8 Sec. 31. A person applying for a certificate to engage in the
13-9 inspection and testing of mold must:
13-10 1. Submit an application on a form prescribed and furnished
13-11 by the Board;
13-12 2. Pass an examination approved or administered by the
13-13 Board;
13-14 3. Present proof satisfactory to the Board that he is insured to
13-15 the extent determined necessary by the Board for the appropriate
13-16 activities associated with the inspection and testing of mold that
13-17 are permitted under the requested certificate, for the effective
13-18 period of the certificate; and
13-19 4. Comply with any additional requirements established by
13-20 the Board.
13-21 Sec. 32. 1. An applicant for the issuance or renewal of a
13-22 certificate to engage in the inspection and testing of mold shall
13-23 submit to the Board the statement prescribed by the Welfare
13-24 Division of the Department of Human Resources pursuant to NRS
13-25 425.520. The statement must be completed and signed by the
13-26 applicant.
13-27 2. The Board shall include the statement required pursuant to
13-28 subsection 1 in:
13-29 (a) The application or any other forms that must be submitted
13-30 for the issuance or renewal of the certificate; or
13-31 (b) A separate form prescribed by the Board.
13-32 3. A certificate to engage in the inspection and testing of
13-33 mold may not be issued or renewed by the Board if the applicant:
13-34 (a) Fails to submit the statement required pursuant to
13-35 subsection 1; or
13-36 (b) Indicates on the statement submitted pursuant to
13-37 subsection 1 that he is subject to a court order for the support of a
13-38 child and is not in compliance with the order or a plan approved
13-39 by the district attorney or other public agency enforcing the order
13-40 for the repayment of the amount owed pursuant to the order.
13-41 4. If an applicant indicates on the statement submitted
13-42 pursuant to subsection 1 that he is subject to a court order for the
13-43 support of a child and is not in compliance with the order or a
13-44 plan approved by the district attorney or other public agency
13-45 enforcing the order for the repayment of the amount owed
14-1 pursuant to the order, the Board shall advise the applicant to
14-2 contact the district attorney or other public agency enforcing the
14-3 order to determine the actions that the applicant may take to
14-4 satisfy the arrearage.
14-5 Sec. 33. An application for the issuance of a certificate to
14-6 engage in the inspection and testing of mold must include the
14-7 social security number of the applicant.
14-8 Sec. 34. 1. A certificate to engage in the inspection and
14-9 testing of mold expires on December 31 of each year.
14-10 2. To renew a certificate to engage in the inspection and
14-11 testing of mold, a person must, on or before January 1 of each
14-12 year:
14-13 (a) Apply to the Board for renewal;
14-14 (b) Submit the statement required pursuant to section 32 of
14-15 this act;
14-16 (c) Pay the annual fee for renewal established by the Board;
14-17 and
14-18 (d) Submit evidence satisfactory to the Board of his completion
14-19 of the requirements for continuing education or training
14-20 established by the Board, if any.
14-21 3. The Board may adopt regulations requiring continuing
14-22 education or training of persons who are certified to engage in the
14-23 inspection and testing of mold and, as a prerequisite to the
14-24 renewal or restoration of such a certificate, require each holder of
14-25 a certificate to comply with those requirements.
14-26 Sec. 35. 1. The State Environmental Commission shall
14-27 adopt, by regulation, standards for the disposal of mold and
14-28 material containing mold removed from a building or structure
14-29 during the inspection and testing of mold.
14-30 2. All mold and material containing mold removed from a
14-31 building or structure during the inspection and testing of mold
14-32 must be disposed of in accordance with the regulations adopted by
14-33 the State Environmental Commission pursuant to subsection 1.
14-34 Sec. 36. A person certified to engage in the inspection and
14-35 testing of mold shall:
14-36 1. If a laboratory is used for any aspect of collecting or
14-37 analyzing air samples for a project, use only a laboratory that
14-38 complies with the standards adopted by the State Environmental
14-39 Commission.
14-40 2. If a commercial laboratory is used for any aspect of
14-41 collecting or analyzing air samples for a project, use only a
14-42 laboratory in which the holder of the certificate or the owner of
14-43 the building or structure has no financial interest, unless the State
14-44 Environmental Commission by regulation provides otherwise.
15-1 Sec. 37. 1. If the Board receives a copy of a court order
15-2 issued pursuant to NRS 425.540 that provides for the suspension
15-3 of all professional, occupational and recreational licenses,
15-4 certificates and permits issued to a person who is the holder of a
15-5 certificate to engage in the inspection and testing of mold, the
15-6 Board shall deem the certificate issued to that person to be
15-7 suspended at the end of the 30th day after the date on which the
15-8 court order was issued unless the Board receives a letter issued to
15-9 the holder of the certificate by the district attorney or other public
15-10 agency pursuant to NRS 425.550 stating that the holder of the
15-11 certificate has complied with the subpoena or warrant or has
15-12 satisfied the arrearage pursuant to NRS 425.560.
15-13 2. The Board shall reinstate a certificate to engage in the
15-14 inspection and testing of mold that has been suspended by a
15-15 district court pursuant to NRS 425.540 if the Board receives a
15-16 letter issued by the district attorney or other public agency
15-17 pursuant to NRS 425.550 to the person whose certificate was
15-18 suspended stating that the person whose certificate was suspended
15-19 has complied with the subpoena or warrant or has satisfied the
15-20 arrearage pursuant to NRS 425.560.
15-21 Sec. 38. 1. If the Board finds that a person has violated any
15-22 of the provisions of sections 27 to 41, inclusive, of this act, or any
15-23 standard or regulation adopted pursuant thereto, the Board may:
15-24 (a) Upon the first violation, impose upon the person an
15-25 administrative fine of not more than $15,000.
15-26 (b) Upon the second and subsequent violations:
15-27 (1) Impose upon the person an administrative fine of not
15-28 more than $25,000; and
15-29 (2) If the person is certified to engage in the inspection and
15-30 testing of mold, revoke his certificate and require the person to
15-31 fulfill certain requirements, as determined by the Board, to have
15-32 his certificate reinstated.
15-33 2. Any penalty imposed pursuant to this section does not
15-34 relieve the person from criminal prosecution for engaging in the
15-35 inspection and testing of mold without a certificate.
15-36 3. If the certificate of a contractor for projects for the
15-37 inspection and testing of mold is revoked pursuant to this section
15-38 and the owner of a building or structure upon which the
15-39 contractor is engaged in a project employs another licensed
15-40 contractor to complete the project, the original contractor may not
15-41 bring an action against the owner of the building or structure for
15-42 breach of contract or damages based on the employment of
15-43 another contractor.
15-44 Sec. 39. 1. If the Board intends to revoke a person’s
15-45 certificate to engage in the inspection and testing of mold, the
16-1 Board shall first notify the person by certified mail. The notice
16-2 must contain a statement of the Board’s legal authority,
16-3 jurisdiction and reasons for the proposed action.
16-4 2. Notwithstanding the notification requirements of
16-5 subsection 1, if the Board finds that protection of the public health
16-6 requires immediate action, the Board may order a summary
16-7 suspension of such a certificate pending proceedings for
16-8 revocation.
16-9 3. A person is entitled to a hearing to contest the summary
16-10 suspension or proposed revocation of his certificate. A request for
16-11 such a hearing must be made pursuant to regulations adopted by
16-12 the Board.
16-13 4. Upon receiving a request for a hearing to contest a
16-14 summary suspension, the Board shall hold a hearing within 10
16-15 days after the date of the receipt of the request.
16-16 Sec. 40. 1. The Board may maintain in any court of
16-17 competent jurisdiction a suit for an injunction against any person
16-18 engaged in the inspection and testing of mold in violation of any
16-19 of the provisions of sections 27 to 41, inclusive, of this act or any
16-20 standard or regulation adopted by the Board pursuant thereto.
16-21 2. An injunction:
16-22 (a) May be issued without proof of actual damage sustained by
16-23 any person, this provision being a preventive as well as a punitive
16-24 measure.
16-25 (b) Does not relieve the person from criminal liability for
16-26 engaging in the inspection and testing of mold without a
16-27 certificate.
16-28 Sec. 41. Any person who engages in the inspection and
16-29 testing of mold without a certificate issued by the Board is guilty of
16-30 a misdemeanor.
16-31 Sec. 42. NRS 625A.110 is hereby amended to read as follows:
16-32 625A.110 1. To be eligible for registration [,] as an
16-33 environmental health specialist, an applicant must have:
16-34 (a) A baccalaureate or higher degree from an accredited college
16-35 or university;
16-36 (b) Satisfactorily completed at least 45 quarter hours or 30
16-37 semester hours of academic work approved by the Board in
16-38 environmental health and public hygiene or the physical and
16-39 biological sciences, or a combination of both; and
16-40 (c) At least 2 years of experience approved by the Board in this
16-41 field of public health.
16-42 2. The Board may register a person who is not qualified under
16-43 subsection 1, if he:
16-44 (a) Was actively employed in this field of public health in this
16-45 state on July 1, 1987;
17-1 (b) Is a graduate of an accredited high school;
17-2 (c) Has had at least 4 years of successful experience in this field;
17-3 (d) Passes a written or oral examination administered by the
17-4 Board; and
17-5 (e) Completes all the requirements of this subsection before
17-6 July 1, 1991.
17-7 3. The Board may register, upon written application, any
17-8 person who:
17-9 (a) Was employed in this field of public health in this state on
17-10 July 1, 1987, and was a registered sanitarian in this state before
17-11 July 1, 1977; or
17-12 (b) Is registered as an environmental health specialist with the
17-13 National Environmental Health Association and is a resident of this
17-14 state.
17-15 Sec. 43. NRS 625A.140 is hereby amended to read as follows:
17-16 625A.140 Each certificate issued by the Board to an
17-17 environmental health specialist must be numbered and contain the:
17-18 1. Designation “Registered Environmental Health Specialist.”
17-19 2. Name of the person registered.
17-20 3. Date of issuance.
17-21 4. Seal of the Board.
17-22 5. Signatures of the members of the Board.
17-23 Sec. 44. NRS 625A.150 is hereby amended to read as follows:
17-24 625A.150 1. The Board shall adopt regulations requiring
17-25 participation in a program of continuing education as a prerequisite
17-26 for the renewal of a certificate of registration [.] as an
17-27 environmental health specialist.
17-28 2. The Board may exempt an environmental health specialist
17-29 from the requirements for continuing education if he is able to show
17-30 good cause why the requirements could not be met. The exemption
17-31 may not be granted to a person more than once in any 2-year period.
17-32 Sec. 45. NRS 625A.160 is hereby amended to read as follows:
17-33 625A.160 The grounds for initiating disciplinary action under
17-34 [this chapter] the provisions of NRS 625A.090 to 625A.200,
17-35 inclusive, are:
17-36 1. Unprofessional conduct;
17-37 2. Conviction of a felony or any offense involving moral
17-38 turpitude;
17-39 3. The suspension or revocation of a certificate or license as an
17-40 environmental health specialist by any other jurisdiction; or
17-41 4. Failure to meet the requirements for continuing education.
17-42 Sec. 46. NRS 625A.170 is hereby amended to read as follows:
17-43 625A.170 The following acts, among others established by the
17-44 Board, constitute unprofessional conduct:
18-1 1. Willfully making a false or fraudulent statement or
18-2 submitting a forged or false document in applying for a certificate;
18-3 2. Habitual drunkenness or addiction to the use of a controlled
18-4 substance;
18-5 3. Engaging in any conduct in his professional activities which
18-6 is intended to deceive or which the Board has determined is
18-7 unethical; or
18-8 4. Violating or attempting to violate, directly or indirectly, or
18-9 assisting in or abetting the violation of or conspiring to violate any
18-10 provision of [this chapter] NRS 625A.090 to 625A.200, inclusive, or
18-11 a regulation of the Board.
18-12 Sec. 47. NRS 625A.190 is hereby amended to read as follows:
18-13 625A.190 1. Upon denial of an application for registration or
18-14 renewal of a certificate as an environmental health specialist or
18-15 other disciplinary action, the Board shall give the person written
18-16 notice of its decision mailed to him at his last known address by
18-17 certified mail, return receipt requested. The notice must:
18-18 (a) State the reason for the denial or disciplinary action; and
18-19 (b) Inform the person that he has the right to a hearing before the
18-20 Board.
18-21 2. A written request for a hearing must be filed with the Board
18-22 within 30 days after the notice is mailed. If a hearing is requested,
18-23 the Board shall set a time and place for a formal hearing and notify
18-24 the person of the time and place set for the hearing. The Board shall
18-25 hold the hearing at the time and place designated in the notice.
18-26 Sec. 48. NRS 625A.200 is hereby amended to read as follows:
18-27 625A.200 1. Only a person who holds a valid certificate of
18-28 registration as an environmental health specialist issued by the
18-29 Board may use the title “registered environmental health specialist”
18-30 or “environmental health specialist” or the abbreviation “R.E.H.S.”
18-31 or “E.H.S.” after his name.
18-32 2. Any person who violates this section is guilty of a
18-33 misdemeanor.
18-34 Sec. 49. NRS 338.410 is hereby amended to read as follows:
18-35 338.410 “Contractor” means:
18-36 1. A person who:
18-37 (a) Is licensed pursuant to the provisions of [chapter 624 of]
18-38 NRS 624.005 to 624.750, inclusive, or performs such work that he
18-39 is not required to be licensed pursuant to [chapter 624 of NRS;]
18-40 those provisions; and
18-41 (b) Contracts with a public body to provide labor, materials or
18-42 services for a public work.
18-43 2. A design-build team that contracts with a public body to
18-44 design and construct a public work pursuant to NRS 338.1711 to
18-45 338.1727, inclusive.
19-1 Sec. 50. NRS 338.445 is hereby amended to read as follows:
19-2 338.445 “Subcontractor” means a person who:
19-3 1. Is licensed pursuant to the provisions of [chapter 624 of]
19-4 NRS 624.005 to 624.750, inclusive, or performs such work that he
19-5 is not required to be licensed pursuant to [chapter 624 of NRS;]
19-6 those provisions; and
19-7 2. Contracts with a contractor, another subcontractor or a
19-8 supplier to provide labor, materials or services for a public work.
19-9 Sec. 51. NRS 364A.340 is hereby amended to read as follows:
19-10 364A.340 A person who:
19-11 1. Is required to be licensed pursuant to [chapter 624 of NRS;]
19-12 the provisions of NRS 624.005 to 624.750, inclusive; and
19-13 2. Contracts with a subcontractor who is required to be
19-14 licensed pursuant to [that chapter] those provisions and to have a
19-15 business license and pay the tax imposed by this chapter,
19-16 shall require proof that the subcontractor has a business license
19-17 before commencing payments to the subcontractor. For the purposes
19-18 of this section, a subcontractor proves that he has a business license
19-19 by submitting a copy of the business license to the contractor.
19-20 Sec. 52. NRS 597.713 is hereby amended to read as follows:
19-21 597.713 As used in NRS 597.713 to 597.7198, inclusive:
19-22 1. “Board” means the State Contractors’ Board.
19-23 2. “Contractor” means a person licensed pursuant to the
19-24 provisions of [chapter 624 of] NRS 624.005 to 624.750, inclusive,
19-25 whose scope of work includes the construction, repair or
19-26 maintenance of any residential swimming pool or spa, regardless of
19-27 use, including the repair or replacement of existing equipment or the
19-28 installation of new equipment, as necessary. The scope of such work
19-29 includes layout, excavation, operation of construction pumps for
19-30 removal of water, steelwork, construction of floors, installation of
19-31 gunite, fiberglass, tile and coping, installation of all perimeter and
19-32 filter piping, installation of all filter equipment and chemical feeders
19-33 of any type, plastering of the interior, construction of decks,
19-34 installation of housing for pool equipment and installation of
19-35 packaged pool heaters.
19-36 Sec. 53. NRS 599B.010 is hereby amended to read as follows:
19-37 599B.010 As used in this chapter, unless the context otherwise
19-38 requires:
19-39 1. “Chance promotion” means any plan in which premiums are
19-40 distributed by random or chance selection.
19-41 2. “Commissioner” means the Commissioner of Consumer
19-42 Affairs.
19-43 3. “Consumer” means a person who is solicited by a seller or
19-44 salesman.
20-1 4. “Division” means the Consumer Affairs Division of the
20-2 Department of Business and Industry.
20-3 5. “Donation” means a promise, grant or pledge of money,
20-4 credit, property, financial assistance or other thing of value given in
20-5 response to a solicitation by telephone, including, but not limited to,
20-6 a payment or promise to pay in consideration for a performance,
20-7 event or sale of goods or services. The term does not include
20-8 volunteer services, government grants or contracts or a payment by
20-9 members of any organization of membership fees, dues, fines or
20-10 assessments or for services rendered by the organization to those
20-11 persons, if:
20-12 (a) The fees, dues, fines, assessments or services confer a bona
20-13 fide right, privilege, professional standing, honor or other direct
20-14 benefit upon the member; and
20-15 (b) Membership in the organization is not conferred solely in
20-16 consideration for making a donation in response to a solicitation.
20-17 6. “Goods or services” means any property, tangible or
20-18 intangible, real, personal or mixed, and any other article, commodity
20-19 or thing of value.
20-20 7. “Premium” includes any prize, bonus, award, gift or any
20-21 other similar inducement or incentive to purchase.
20-22 8. “Recovery service” means a business or other practice
20-23 whereby a person represents or implies that he will, for a fee,
20-24 recover any amount of money that a consumer has provided to a
20-25 seller or salesman pursuant to a solicitation governed by the
20-26 provisions of this chapter.
20-27 9. “Salesman” means any person:
20-28 (a) Employed or authorized by a seller to sell, or to attempt to
20-29 sell, goods or services by telephone;
20-30 (b) Retained by a seller to provide consulting services relating to
20-31 the management or operation of the seller’s business; or
20-32 (c) Who communicates on behalf of a seller with a consumer:
20-33 (1) In the course of a solicitation by telephone; or
20-34 (2) For the purpose of verifying, changing or confirming an
20-35 order,
20-36 except that a person is not a salesman if his only function is to
20-37 identify a consumer by name only and he immediately refers the
20-38 consumer to a salesman.
20-39 10. Except as otherwise provided in subsection 11, “seller”
20-40 means any person who, on his own behalf, causes or attempts to
20-41 cause a solicitation by telephone to be made through the use of one
20-42 or more salesmen or any automated dialing announcing device
20-43 under any of the following circumstances:
20-44 (a) The person initiates contact by telephone with a consumer
20-45 and represents or implies:
21-1 (1) That a consumer who buys one or more goods or services
21-2 will receive additional goods or services, whether or not of the same
21-3 type as purchased, without further cost, except for actual postage or
21-4 common carrier charges;
21-5 (2) That a consumer will or has a chance or opportunity to
21-6 receive a premium;
21-7 (3) That the items for sale are gold, silver or other precious
21-8 metals, diamonds, rubies, sapphires or other precious stones, or any
21-9 interest in oil, gas or mineral fields, wells or exploration sites or any
21-10 other investment opportunity;
21-11 (4) That the product offered for sale is information or
21-12 opinions relating to sporting events;
21-13 (5) That the product offered for sale is the services of a
21-14 recovery service; or
21-15 (6) That the consumer will receive a premium or goods or
21-16 services if he makes a donation;
21-17 (b) The solicitation by telephone is made by the person in
21-18 response to inquiries from a consumer generated by a notification or
21-19 communication sent or delivered to the consumer that represents or
21-20 implies:
21-21 (1) That the consumer has been in any manner specially
21-22 selected to receive the notification or communication or the offer
21-23 contained in the notification or communication;
21-24 (2) That the consumer will receive a premium if the recipient
21-25 calls the person;
21-26 (3) That if the consumer buys one or more goods or services
21-27 from the person, the consumer will also receive additional or other
21-28 goods or services, whether or not the same type as purchased,
21-29 without further cost or at a cost that the person represents or implies
21-30 is less than the regular price of the goods or services;
21-31 (4) That the product offered for sale is the services of a
21-32 recovery service; or
21-33 (5) That the consumer will receive a premium or goods or
21-34 services if he makes a donation; or
21-35 (c) The solicitation by telephone is made by the person in
21-36 response to inquiries generated by advertisements that represent or
21-37 imply that the person is offering to sell any:
21-38 (1) Gold, silver or other metals, including coins, diamonds,
21-39 rubies, sapphires or other stones, coal or other minerals or any
21-40 interest in oil, gas or other mineral fields, wells or exploration sites,
21-41 or any other investment opportunity;
21-42 (2) Information or opinions relating to sporting events; or
21-43 (3) Services of a recovery service.
21-44 11. “Seller” does not include:
22-1 (a) A person licensed pursuant to chapter 90 of NRS when
22-2 soliciting offers, sales or purchases within the scope of his license.
22-3 (b) A person licensed pursuant to chapter 119A [, 119B, 624,] or
22-4 119B of NRS, NRS 624.005 to 624.750, inclusive or chapter 645 or
22-5 696A of NRS when soliciting sales within the scope of his license.
22-6 (c) A person licensed as an insurance broker, agent or solicitor
22-7 when soliciting sales within the scope of his license.
22-8 (d) Any solicitation of sales made by the publisher of a
22-9 newspaper or magazine or by an agent of the publisher pursuant to a
22-10 written agreement between the agent and publisher.
22-11 (e) A broadcaster soliciting sales who is licensed by any state or
22-12 federal authority, if the solicitation is within the scope of the
22-13 broadcaster’s license.
22-14 (f) A person who solicits a donation from a consumer when:
22-15 (1) The person represents or implies that the consumer will
22-16 receive a premium or goods or services with an aggregated fair
22-17 market value of 2 percent of the donation or $50, whichever is less;
22-18 or
22-19 (2) The consumer provides a donation of $50 or less in
22-20 response to the solicitation.
22-21 (g) A charitable organization which is registered or approved to
22-22 conduct a lottery pursuant to chapter 462 of NRS.
22-23 (h) A public utility or motor carrier which is regulated pursuant
22-24 to chapter 704 or 706 of NRS, or by an affiliate of such a utility or
22-25 motor carrier, if the solicitation is within the scope of its certificate
22-26 or license.
22-27 (i) A utility which is regulated pursuant to chapter 710 of NRS,
22-28 or by an affiliate of such a utility.
22-29 (j) A person soliciting the sale of books, recordings, video
22-30 cassettes, software for computer systems or similar items through:
22-31 (1) An organization whose method of sales is governed by
22-32 the provisions of Part 425 of Title 16 of the Code of Federal
22-33 Regulations relating to the use of negative option plans by sellers in
22-34 commerce;
22-35 (2) The use of continuity plans, subscription arrangements,
22-36 arrangements for standing orders, supplements, and series
22-37 arrangements pursuant to which the person periodically ships
22-38 merchandise to a consumer who has consented in advance to receive
22-39 the merchandise on a periodic basis and has the opportunity to
22-40 review the merchandise for at least 10 days and return it for a full
22-41 refund within 30 days after it is received; or
22-42 (3) An arrangement pursuant to which the person ships
22-43 merchandise to a consumer who has consented in advance to receive
22-44 the merchandise and has the opportunity to review the merchandise
23-1 for at least 10 days and return it for a full refund within 30 days after
23-2 it is received.
23-3 (k) A person who solicits sales by periodically publishing and
23-4 delivering a catalog to consumers if the catalog:
23-5 (1) Contains a written description or illustration of each item
23-6 offered for sale and the price of each item;
23-7 (2) Includes the business address of the person;
23-8 (3) Includes at least 24 pages of written material and
23-9 illustrations;
23-10 (4) Is distributed in more than one state; and
23-11 (5) Has an annual circulation by mailing of not less than
23-12 250,000.
23-13 (l) A person soliciting without the intent to complete and who
23-14 does not complete, the sales transaction by telephone but completes
23-15 the sales transaction at a later face-to-face meeting between the
23-16 solicitor and the consumer, if the person, after soliciting a sale by
23-17 telephone, does not cause another person to collect the payment
23-18 from or deliver any goods or services purchased to the consumer.
23-19 (m) Any commercial bank, bank holding company, subsidiary or
23-20 affiliate of a bank holding company, trust company, savings and
23-21 loan association, credit union, industrial loan company, personal
23-22 property broker, consumer finance lender, commercial finance
23-23 lender, or insurer subject to regulation by an official or agency of
23-24 this state or of the United States, if the solicitation is within the
23-25 scope of the certificate or license held by the entity.
23-26 (n) A person holding a certificate of authority issued pursuant to
23-27 chapter 452 of NRS when soliciting sales within the scope of the
23-28 certificate.
23-29 (o) A person licensed pursuant to chapter 689 of NRS when
23-30 soliciting sales within the scope of his license.
23-31 (p) A person soliciting the sale of services provided by a
23-32 community antenna television company subject to regulation
23-33 pursuant to chapter 711 of NRS.
23-34 (q) A person soliciting the sale of agricultural products, if the
23-35 solicitation is not intended to and does not result in a sale of more
23-36 than $100 that is to be delivered to one address. As used in this
23-37 paragraph, “agricultural products” has the meaning ascribed to it in
23-38 NRS 587.290.
23-39 (r) A person who has been operating, for at least 2 years, a retail
23-40 business establishment under the same name as that used in
23-41 connection with the solicitation of sales by telephone if, on a
23-42 continuing basis:
23-43 (1) Goods are displayed and offered for sale or services are
23-44 offered for sale and provided at the person’s business establishment;
23-45 and
24-1 (2) At least 50 percent of the person’s business involves the
24-2 buyer obtaining such goods or services at the person’s business
24-3 establishment.
24-4 (s) A person soliciting only the sale of telephone answering
24-5 services to be provided by the person or his employer.
24-6 (t) A person soliciting a transaction regulated by the Commodity
24-7 Futures Trading Commission, if:
24-8 (1) The person is registered with or temporarily licensed by
24-9 the Commission to conduct that activity pursuant to the Commodity
24-10 Exchange Act , [(] 7 U.S.C. §§ 1 et seq. ; [);] and
24-11 (2) The registration or license has not expired or been
24-12 suspended or revoked.
24-13 (u) A person who contracts for the maintenance or repair of
24-14 goods previously purchased from the person:
24-15 (1) Making the solicitation; or
24-16 (2) On whose behalf the solicitation is made.
24-17 (v) A person to whom a license to operate an information
24-18 service or a nonrestricted gaming license, which is current and valid,
24-19 has been issued pursuant to chapter 463 of NRS when soliciting
24-20 sales within the scope of his license.
24-21 (w) A person who solicits a previous customer of the business
24-22 on whose behalf the call is made if the person making the call:
24-23 (1) Does not offer the customer any premium in connection
24-24 with the sale;
24-25 (2) Is not selling an investment or an opportunity for an
24-26 investment that is not registered with any state or federal authority;
24-27 and
24-28 (3) Is not regularly engaged in telephone sales.
24-29 (x) A person who solicits the sale of livestock.
24-30 (y) An issuer which has a class of securities that is listed on the
24-31 New York Stock Exchange, the American Stock Exchange or the
24-32 National Market System of the National Association of Securities
24-33 Dealers Automated Quotation System.
24-34 (z) A subsidiary of an issuer that qualifies for exemption
24-35 pursuant to paragraph (y) if at least 60 percent of the voting power
24-36 of the shares of the subsidiary is owned by the issuer.
24-37 Sec. 54. Section 11 of this act is hereby amended to read as
24-38 follows:
24-39 Sec. 11. 1. A license to engage in the remediation of
24-40 mold expires on December 31 of each year.
24-41 2. To renew a license, a person must, on or before
24-42 January 1 of each year:
24-43 (a) Apply to the Board for renewal;
24-44 (b) [Submit the statement required pursuant to section 9
24-45 of this act;
25-1 (c)] Pay the annual fee for renewal established by the
25-2 Board; and
25-3 [(d)](c) Submit evidence satisfactory to the Board of his
25-4 completion of the requirements for continuing education or
25-5 training established by the Board, if any.
25-6 3. The Board may adopt regulations requiring continuing
25-7 education or training of persons who are licensed to engage in
25-8 the remediation of mold and, as a prerequisite to the renewal
25-9 or restoration of such a license, require each licensee to
25-10 comply with those requirements.
25-11 Sec. 55. Section 34 of this act is hereby amended to read as
25-12 follows:
25-13 Sec. 34. 1. A certificate to engage in the inspection
25-14 and testing of mold expires on December 31 of each year.
25-15 2. To renew a certificate to engage in the inspection and
25-16 testing of mold, a person must, on or before January 1 of each
25-17 year:
25-18 (a) Apply to the Board for renewal;
25-19 (b) [Submit the statement required pursuant to section 32
25-20 of this act;
25-21 (c)] Pay the annual fee for renewal established by the
25-22 Board; and
25-23 [(d)](c) Submit evidence satisfactory to the Board of his
25-24 completion of the requirements for continuing education or
25-25 training established by the Board, if any.
25-26 3. The Board may adopt regulations requiring continuing
25-27 education or training of persons who are certified to engage in
25-28 the inspection and testing of mold and, as a prerequisite to the
25-29 renewal or restoration of such a certificate, require each
25-30 holder of a certificate to comply with those requirements.
25-31 Sec. 56. 1. This section and sections 1 to 53, inclusive, of
25-32 this act become effective on July 1, 2003, for the purpose of
25-33 adopting regulations and performing any other preparatory
25-34 administrative tasks that are necessary to carry out this act and on
25-35 October 1, 2004, for all other purposes.
25-36 2. Sections 54 and 55 of this act become effective on the date
25-37 on which the provisions of 42 U.S.C. § 666 requiring each state to
25-38 establish procedures under which the state has authority to withhold
25-39 or suspend, or to restrict the use of professional, occupational and
25-40 recreational licenses of persons who:
25-41 (a) Have failed to comply with a subpoena or warrant relating to
25-42 a proceeding to determine the paternity of a child or to establish or
25-43 enforce an obligation for the support of a child; or
25-44 (b) Are in arrears in the payment for the support of one or more
25-45 children,
26-1 are repealed by the Congress of the United States.
26-2 3. Sections 9, 10, 13, 32, 33 and 37 of this act expire by
26-3 limitation on the date on which the provisions of 42 U.S.C. § 666
26-4 requiring each state to establish procedures under which the state
26-5 has authority to withhold or suspend, or to restrict the use of
26-6 professional, occupational and recreational licenses of persons who:
26-7 (a) Have failed to comply with a subpoena or warrant relating to
26-8 a proceeding to determine the paternity of a child or to establish or
26-9 enforce an obligation for the support of a child; or
26-10 (b) Are in arrears in the payment for the support of one or more
26-11 children,
26-12 are repealed by the Congress of the United States.
26-13 H