Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › ELEVATORS › Requirements, Standards and Procedures › Section 455C.530 - Emergency order by Chief of Mechanical Enforcement Section to restrain certain conditions or practices; effective date of emergency order; contest of order; judicial review; inspection to return elevator to service

Current through June 11, 2024
1. The Chief of the Mechanical Compliance
				Section or his or her designee may issue an emergency order to restrain any
				conditions or practices relating to an elevator, boiler or pressure vessel
				which are such that a danger exists which could reasonably be expected to cause
				death or serious physical harm immediately or before the imminence of the
				danger can be eliminated through the other enforcement procedures provided by
				this chapter. An order issued pursuant to this section may require such steps
				to be taken as are necessary to avoid, correct or remove the imminent danger
				and may prohibit the employment or presence of any person in locations or under
				conditions where the imminent danger exists, except persons whose presence is
				necessary to avoid, correct or remove the imminent danger or to maintain the
				capacity of a continuous process operation to resume normal operations without
				a complete cessation of operations or, where a cessation of operations is
				necessary, to allow the cessation to be accomplished in a safe and orderly
				manner.
2. An emergency order
				issued pursuant to subsection 1 becomes effective upon delivery to the owner of
				the elevator, boiler or pressure vessel or his or her agent where the danger
				exists. If, within 15 calendar days after the effective date of the order, the
				owner of the elevator, boiler or pressure vessel fails to notify the
				Administrator that the owner wishes to contest the order, the order shall be
				deemed a final order. If the owner of the elevator, boiler or pressure vessel
				contests the order within 15 days after the effective date of the order and the
				Administrator does not rescind or modify the order as requested, the owner may
				petition the district court for relief. Upon the filing of such a petition, the
				district court may grant injunctive relief or a temporary restraining order
				pending the outcome of an enforcement proceeding pursuant to this
				chapter.
3. Whenever and as soon as
				an inspector or a special inspector concludes that a condition or practice
				described in subsection 1 exists regarding an elevator, boiler or pressure
				vessel, the inspector or special inspector shall inform the owner of the
				elevator, boiler or pressure vessel or his or her agent and the general public
				of the danger and that he or she is recommending to the Chief of the Mechanical
				Compliance Section that an emergency order be issued.
4. If an emergency order has been issued
				pursuant to subsection 1, an inspection to return the elevator, boiler or
				pressure vessel to service may be performed only by an inspector.
5. If an emergency order has been issued
				pursuant to subsection 1 and the Chief of the Mechanical Compliance Section or
				his or her designee determines that it is necessary, the Mechanical Compliance
				Section may place a lockout device on the energy isolating device that services
				the elevator, boiler or pressure vessel. The lockout device must not be removed
				from the energy isolating device except upon the issuance of an order by the
				Chief of the Mechanical Compliance Section or his or her designee.
6. As used in this section, "energy isolating
				device" means a mechanical device that physically prevents the transmission or
				release of energy.
Added to NAC by Div. of
				  Industrial Relations by R077-14, eff. 1-16-2015; A by
				  R045-20A,
				  eff. 10/26/2020; A
				  by
				  R034-21A,
				  eff. 7/26/2023
NRS 455C.110