reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 341 - State Public Works Board › GENERAL PROVISIONS › Section 341.0085 - "Division" defined

Current through June 11, 2024
"Division" means the State Public Works Division of the
				Department of Administration.
Added to NAC by Pub.
				Works Bd. by R106-11, eff. 5-30-2012
NRS
				  341.070,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.015 - Matters requiring action by Board

Current through June 11, 2024
Unless the authority to take action is delegated by the Board
				to the Administrator, an action by the Board is required for:
1. The designation of projects, budgets and
			 priorities to be included in the recommended program for capital
			 improvements;
2. The adoption of
			 regulations; and
3. Presiding over
			 appeals relating to:
(a) The qualification of
			 contractors;
(b) The qualification
			 of subcontractors, including, without limitation, the qualification of
			 subcontractors with whom a construction manager at risk intends to enter into a
			 contract; and
(c) Disputes
			 regarding contracts.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.020 - Officers: Terms; vacancies; powers and duties

Current through June 11, 2024
1. The
			 officers of the Board consist of a Chair, Vice Chair and Secretary.
2. The term of office of the Chair and the
			 Vice Chair is 2 years. The Secretary shall notify the Chair and the Vice Chair
			 of the date on which their respective terms end at least 60 days before the end
			 of such terms.
3. If a vacancy
			 occurs in the Office of:
(a) Chair, the Vice
			 Chair shall assume the duties of the Chair for the unexpired term.
(b) Vice Chair, the Board will, at its next
			 meeting, elect from among its members a Vice Chair to fill the vacancy for the
			 unexpired term.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.025 - Board of Appeals

Current through June 11, 2024
The Board may appoint three of its members to function as a
				Board of Appeals in order to attempt to resolve all disputes concerning
				contracts before the Division will initiate procedures for mediation,
				arbitration or litigation, or any combination thereof.
Planning Bd., Policy,
				Procedure and Rules §§ 1301-1305, eff. 1-20-62; A and renumbered as
				§§ 1401-1405, 5-3-72; A 11-17-73; 11-1-75-NAC A 12-16-82; A by Pub.
				Works Bd., 3-17-94; R106-11, 5-30-2012
NRS
				  341.070,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.030 - Employees; authority of Administrator

Current through June 11, 2024
1. In addition to
			 the Administrator and the Deputy Administrator for Professional Services, each
			 employee who is classified as an architect or an engineer must maintain a
			 license to practice architecture or engineering in the State of
			 Nevada.
2. The Administrator may:
(a) Administer the Division's
			 programs.
(b) Approve claims and
			 partial payments.
(c) Negotiate and
			 execute contracts and other documents.
(d) Approve authorized change orders and
			 endorsements to authorized contracts.
(e) Select and commission professional or
			 technical firms or other persons for checking plans, testing, surveying and
			 providing necessary consulting or professional services.
(f) Use the criteria adopted by the Board
			 pursuant to NRS
			 NRS
			 338.1375 to determine the qualification of
			 bidders on contracts for public works of this State.
(g) Award a contract for a public work of
			 this State to responsive and responsible contractors.
(h) Except as otherwise provided in NRS
			 NRS
			 341.100, administer the Division's employees,
			 including hiring and firing.
(i)
			 Perform such other functions as may be required for the efficient
			 administration of the Division's programs.
(j) Approve the architecture of all
			 buildings, plans, designs, types of construction, major repairs and designs of
			 landscaping.
(k) Adopt A-E
			 selection procedures, design standards, general provisions for contracts,
			 contract forms and other standards that are needed to ensure the construction
			 and maintenance of facilities at a reasonable cost.
(l) Select architects, engineers and other
			 professional consultants for contracts for professional services.
(m) Report to the Board the selection of
			 architects, engineers and other professional consultants for contracts for
			 professional services.
(n) Solicit
			 bids for the construction of a project.
(o) Execute the forms necessary for the final
			 acceptance of work that is completed for a project.
(p) Terminate a contract for good
			 cause.
(q) Accept money and
			 establish funds for projects not previously included in the program for capital
			 improvements and, if required, seek legislative approval.
(r) Amend the scope or budget of a project
			 and seek legislative approval for those amendments, if necessary.
(s) Delegate the authority of the Division to
			 other state agencies in accordance with NRS
			 NRS
			 341.119.
(t) Review and render final decisions on a
			 protest filed pursuant to NRS
			 NRS
			 338.142 and determine whether a person filing
			 such a protest must post a bond or other security.
(u) Request that a contractor or consultant
			 engage in mediation regardless of whether mediation is required pursuant to the
			 contract with the contractor or consultant.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.036 - Duties of Deputy Administrator for Compliance and Code Enforcement

Current through June 11, 2024
1. The Deputy Administrator for Compliance
			 and Code Enforcement appointed pursuant to NRS
			 NRS
			 341.100 shall:
(a) Check the plans for buildings and
			 structures on property of the State or held in trust for any division of the
			 State Government for compliance with the codes adopted pursuant to NAC
			 341.045;
(b) Inspect the
			 construction of buildings and structures on property of the State or held in
			 trust for any division of the State Government for compliance with the codes
			 adopted pursuant to NAC 341.045; and
(c) Issue temporary and final certificates of
			 occupancy for buildings and structures on property of the State or held in
			 trust for any division of the State Government.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.040 - Meetings of Board; rules of order; quorum

Current through June 11, 2024
1. The Board
			 will obtain the concurrence of the Attorney General or a Deputy Attorney
			 General before closing a meeting for one of the purposes described in NRS
			 NRS
			 241.030.
2. The Board will conduct its meetings with
Robert's Rules of Order
. Those rules, as they exist on
			 November 1, 1982, are incorporated by reference and can be obtained from
			 Flemming H. Revel Company, 184 Central Avenue, Old Pappan, New Jersey 07675, at
			 a price of $3.95.
3. A majority of
			 the members of the Board constitutes a quorum for the transaction of business.
			 All action by the Board must be approved by a majority of the members of the
			 Board who have not been disqualified to vote on an issue, except that a
			 majority of the members of the Board of Appeals established in accordance with
			 NAC 341.025 may act on behalf of the Board with regard to a dispute being
			 reviewed.
Planning Bd., Policy,
				Procedure and Rules §§ 1201, 1203, 1205 & 1211, eff. 1-20-62; A
				and renumbered as §§ 1600-1607, 5-3-72; A 11-17-73; 11-1-75; 7-16-76;
				1-3-78-NAC A 12-16-82; A by Pub. Works Bd.,
				3-17-94
NRS
				  341.070,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.043 - Qualifications of insurers and sureties

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, an insurer or surety providing the
			 insurance or bond required by the Board for:
(a) With respect to contracts of more than
			 $5,000,000, a contractor must have received a rating of "A-" or better and be
			 classified in a financial category of "VII" or better as determined by A.M.
			 Best Company of Oldwick, New Jersey, and be included on the list of approved
			 sureties in Circular 570 of the Department of the Treasury.
(b) With respect to contracts of $5,000,000
			 or less, a contractor must have received a rating of "A-" or better as
			 determined by A.M. Best Company of Oldwick, New Jersey, and be included on the
			 list of approved sureties in Circular 570 of the Department of the
			 Treasury.
(c) A subcontractor must
			 have received a rating of "A-" or better as determined by A.M. Best Company of
			 Oldwick, New Jersey, and be included on the list of approved sureties in
			 Circular 570 of the Department of the Treasury.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.060 - Variances from code requirements as alternative method of design or construction

Current through June 11, 2024
Upon request, the Deputy Administrator for Compliance and Code
				Enforcement may grant a variance from code requirements as an alternative
				method of design or construction in accordance with the edition of the
International Building Code
which is adopted by reference
				pursuant to NAC 341.045.
Pub. Works Bd., Policy,
				Procedure and Rules §§ 2500-2501, eff. 7-26-77-NAC A 12-16-82;
				R188-07, 4-17-2008; R106-11, 5-30-2012
NRS
				  341.070,
				  341.100,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.065 - Contract documents; insurance

Current through June 11, 2024
1. Before bidding
			 takes place, the contract documents must be approved by each agency whose
			 approval is required by law.
2. The
			 final contract documents must be independently checked to ensure conformity
			 with the requirements of this chapter before bidding.
3. Contract documents must contain provisions
			 which require the contractor and subcontractors to obtain and maintain during
			 the period of construction the following insurance, in addition to industrial
			 insurance for all employees as required by chapter 616 of NRS:
(a) Casualty insurance.
(b) Property insurance.
(c) Insurance covering builders' risks, with
			 endorsements for extended coverage and insurance against vandalism and
			 malicious mischief.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.075 - Invitations to bid; access to plans and specifications for bidding

Current through June 11, 2024
1. The Administrator shall publish an
			 invitation to bid in a newspaper in the locale of the work for each project
			 with an estimated construction cost of $100,000 or more. To indicate the
			 approximate size of the project, the Administrator must include the estimated
			 cost of the construction in the invitation.
2. The Administrator shall provide access to
			 plans and specifications for bidding.
Planning Bd., Policy,
				Procedure and Rules §§ 3100-3119, eff. 1-20-62; A 7-1-68; 5-3-72;
				11-17-73; 7-16-76; 7-26-77-NAC A 12-16-82; A by Pub. Works Bd., 3-17-94;
				R188-07, 4-17-2008; R106-11, 5-30-2012; R063-12,
				9-14-2012
NRS
				  341.070,
				  341.110,
				  341.145,
				  341.148
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.077 - General requirements for bids

Current through June 11, 2024
1. All bids in
			 excess of $100,000 must be accompanied by a bond securing the bid and a
			 certified check or cash in an amount which is at least 5 percent of the total
			 of the base bid and all alternative bids. The bond must be in a form approved
			 by the Attorney General.
2. A
			 bidder must guarantee that the bid submitted will remain open for 35 calendar
			 days after the date of the opening of the bids unless otherwise provided in the
			 contract documents or this period is extended by written agreement between the
			 Administrator and the contractor.
3. A general contractor must list on the form
			 for proposing bids the subcontractors whom he or she intends to engage for the
			 project for those areas of work identified on the form used to list
			 subcontractors. Subcontractors may not be subsequently substituted by the
			 contractor without the approval of the Administrator.
4. The Division will not consider a bid
			 unless it meets all the following conditions:
(a) The bid is less than the appropriation
			 made by the Legislature for the building project and does not exceed the
			 relevant budget item for that building project as established by the Division
			 by more than 10 percent.
(b) The
			 bid must be in the best interests of the State of Nevada.
(c) The bid must be submitted by a person who
			 is licensed as a contractor in Nevada.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.079 - Licensing of bidders; opening and rejection of bids

Current through June 11, 2024
1.
			 Before the bids are opened, all contractors and subcontractors submitting bids
			 must be properly licensed by the State Contractors' Board to perform the
			 work.
2. The opening of bids must
			 be open to the public.
3. Any bid
			 received after the scheduled time for opening bids will be rejected.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A 3-17-94
NRS
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.081 - Notice to architects and engineers concerning budget

Current through June 11, 2024
The Administrator shall inform the architects and engineers who
				prepare contract documents of the budget available for the construction. The
				Administrator shall require them to prepare those documents so that an
				acceptable bid within the amount of the budget can be obtained or to redesign
				the work at no cost to the State so that such a bid can be obtained.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A by R106-11, 5-30-2012
NRS
				  341.070,
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.083 - Procedure when bids received; negotiation; award

Current through June 11, 2024
1. If
			 the lowest bid is less than the appropriation made by the Legislature for the
			 building project and does not exceed the relevant budget item for that building
			 project as established by the Division by more than 10 percent, the
			 Administrator may exercise his or her power to negotiate with the person who
			 submitted the bid to obtain a revised bid.
2. If the lowest bid that meets the
			 requirements of subsection 1 cannot be satisfactorily negotiated or if the
			 lowest bid is more than the appropriation made by the Legislature for the
			 building project or exceeds the relevant budget item for that building project
			 as established by the Division by more than 10 percent, all bids will be
			 rejected.
3. The Division will
			 award a contract to the lowest responsible bidder unless such an award would
			 not be in the best interest of the State. The determination of the lowest bid
			 will include a consideration of the base bid and any alternative bids which are
			 accepted.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A 3-17-94; R188-07, 4-17-2008; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.084 - Irregularity in lowest bid

Current through June 11, 2024
If the lowest bid contains an irregularity, the Administrator
				may refer the bid to the Attorney General.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A 3-17-94; R096-04, 12-15-2004; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.086 - Alternative bids

Current through June 11, 2024
The Division will consider alternative bids and award contracts
				upon them in the order in which they are listed on the form for proposing
				bids.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A by R106-11, 5-30-2012
NRS
				  341.070,
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.090 - Contract administration

Current through June 11, 2024
1. Within 48 hours
			 after a contractor receives a written notice of the Division's notice to
			 proceed, the contractor shall submit to the Division, in writing, a complete
			 listing of all the subcontractors whom he or she will engage on the contract,
			 the license numbers issued to each such subcontractor by the State Contractors'
			 Board and a description of the work that each such subcontractor will
			 perform.
2. All contracts must be
			 approved by the Attorney General.
3. The Division will distribute a copy of the
			 fully executed agreement between the contractor and the Division or other
			 contracting agency to the contractor, the architect or engineer, the agency
			 which will occupy or control the building, the Secretary of State and the
			 Division's inspector of the construction.
Planning Bd., Policy,
				Procedure and Rules §§ 3301, 3302, 3310 & 3311, eff. 1-20-62; A
				and renumbered as § 3120, 5-11-68; A and renumbered as §§
				3200-3212, 5-3-72; A 11-17-73; 7-26-77-NAC A 12-16-82; A by Pub. Works Bd. by
				R188-07, 4-17-2008; R106-11 & R107-11,
				5-30-2012
NRS
				  341.070,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.100 - Progress payments

Current through June 11, 2024
1. The
			 Administrator shall expedite payment of approved and certified claims by the
			 contractor.
2. The contractor must
			 warrant that he or she has good title to all materials and supplies for which
			 the contractor accepts payment.
3.
			 The Administrator shall pay the retained portion of the money due under a
			 contract on the date when the notice of completion is filed if the contractor
			 releases all claims against the Administrator and provides all guarantees and
			 instructions required by the contract. The Administrator may release a portion
			 of the retained money before the notice of completion is filed if he or she
			 determines that the project is functionally complete.
4. The Administrator may make payment for
			 materials if they are:
(a) Stored and
			 protected on-site or in a bonded and insured warehouse; and
(b) Otherwise protected from other
			 claims.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.105 - Contract modifications

Current through June 11, 2024
1. Any change in
			 the time, price or material set forth in a contract must be authorized in a
			 written change order.
2. A request
			 by a contractor for an extension of time must be submitted in writing to the
			 Administrator within 7 calendar days after the first occurrence of the incident
			 causing the delay. The Administrator shall give a written acknowledgment of the
			 receipt of such a request to the contractor.
3. Except as otherwise provided in this
			 subsection, if a change order which increases the price of a contract is the
			 result of an error or omission in the plans or specifications, the architect or
			 engineer who prepared the plans and specifications must pay the Division the
			 estimated difference in cost between what the work would have cost in the
			 absence of the error or omission and the actual cost. If the Administrator
			 determines that an error or omission in the plans or specifications is minor in
			 the context of the scope of the work, the Administrator may waive such a
			 payment.
Planning Bd., Policy,
				Procedure and Rules §§ 3303-3308, eff. 1-20-62; A and renumbered as
				§§ 3301-3307, 5-3-72; A 7-16-76-NAC A 12-16-82; A by Pub. Works Bd.,
				3-17-94; R096-04, 12-15-2004; R188-07, 4-17-2008; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.110,
				  341.145
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.127 - Review of proposals regarding local adoption of Uniform Plumbing Code

Current through June 11, 2024
1. The Deputy Administrator for Compliance
			 and Code Enforcement shall:
(a) Notify all
			 cities and counties of the requirement in NRS
			 NRS
			 444.420 for the Board to review any proposals
			 for local adoption of the
Uniform Plumbing Code
or changes to
			 that code. Any such proposal must be submitted to the Board in
			 writing.
(b) Within 60 days after
			 the Board's receipt of such a proposal, advise the local government in writing
			 whether or not any proposed changes are warranted by geographic, topographic or
			 climatic conditions.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.136 - Selection of professional consultant for project: Procedure for selection with assistance of committees

Current through June 11, 2024
1. The
			 Administrator shall appoint a committee to:
(a) Review applications received by the
			 Division for retention by the Division in a position on a project of the
			 Division as an architect, engineer, construction manager or other professional
			 consultant who will assist in a project with an estimated cost for those
			 services of over $250,000; and
(b)
			 Create a list of not more than five applicants for each position of architect,
			 engineer, construction manager or other professional consultant who will assist
			 in a project with an estimated cost for those services of over $250,000 that
			 the Administrator wishes to retain.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.141 - Selection of professional consultant for project: Considerations for selection without assistance of committees

Current through June 11, 2024
In determining whether to select an architect, engineer,
				construction manager or other professional consultant for a project without
				complying with the provisions of NAC 341.136, the Administrator may consider
				whether the person possesses:
1.
			 Experience with the same or a similar project;
2. Specialized technical knowledge or
			 experience relevant to the project;
3. The copyright to a certain design or
			 prototype relevant to the project;
4. Such experience or expertise as is
			 necessary to complete the project in a more timely manner than other
			 professionals;
5. A history of work
			 experience and performance on other projects of the Division that is acceptable
			 to the Division and the Administrator; or
6. Any other factor that the Administrator
			 determines is relevant to the health, safety or welfare of the
			 public.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R103-11 &
				R106-11, 5-30-2012
NRS
				  341.070,
				  341.100,
				  341.110,
				  341.161,
				  341.166
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.151 - Awarding of certain contracts by Administrator to meet emergency

Current through June 11, 2024
If the Chair determines that an emergency which results from a
				natural or man-made disaster and which threatens the health, safety or welfare
				of the public exists, the Administrator may award a contract to meet the
				emergency to:
1. An architect,
			 engineer, construction manager or other professional consultant without
			 complying with the provisions of NAC 341.136.
2. A contractor who is licensed pursuant to
			 chapter 624 of NRS without complying with the provisions of this chapter,
			 chapter 338 of NAC and chapters 338 and 341 of NRS governing the selection of
			 contractors.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R103-11 &
				R106-11, 5-30-2012
NRS
				  338.011,
				  341.070,
				  341.100,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.161 - Appeal of decision by Deputy Administrator for Compliance and Code Enforcement acting as building official: Board of appeals; procedure

Current through June 11, 2024
1. The Chair shall appoint at least one
			 person to serve as an expert in each of the following fields:
(a) Architecture;
(b) Construction;
(c) Engineering; and
(d) Issues relating to the accommodation of
			 persons with disabilities in public facilities,
to serve as a potential member of a board of appeals pursuant
				to this section and the provisions relating to appeals as set forth in the
				edition of the
International Building Code
which is adopted by
				reference pursuant to NAC 341.045. The term of a person appointed to serve as
				an expert pursuant to this subsection is 2 years. The Chair may reappoint such
				a person at his or her discretion.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ADMINISTRATION › Section 341.171 - Imposition and submission of fees for certain projects

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, any plans and specifications for a project that is not part of the approved
			 program for capital improvement which are submitted to the Division for review
			 and approval must be accompanied by the following permit fees:
(a) A basic fee for inspection services based
			 on the proposed total valuation of the project, including materials, labor and
			 equipment, in accordance with the following schedule:
Total Valuation
Fee
$1 to $500...........................................
$23.50
$501 to $2,000....................................
$23.50 for the first $500 plus $3.05 for each additional
						  $100 or fraction thereof, to and including $2,000.
$2,001 to $25,000...............................
$69.25 for the first $2,000 plus $14 for each additional
						  $1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000.............................
$391.25 for the first $50,000 plus $10.10 for each
						  additional $1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000...........................
$643.75 for the first $50,000 plus $7 for each
						  additional $1,000 or fraction thereof, to and including $100,000.
$100,001 to $500,000.........................
$993.75 for the first $100,000 plus $5.60 for each
						  additional $1,000 or fraction thereof, to and including $500,000.
$500,001 to $1,000,000......................
$3,233.75 for the first $500,000 plus $4.75 for each
						  $1,000 or fraction thereof, to and including $1,000,000.
$1,000,001 and up..............................
$5,608.75 for the first $1,000,000 plus $3.15 for each
						  $1,000 or fraction thereof.
(b)
			 Except as otherwise provided in this paragraph, an additional fee for
			 inspection services for each mechanical, electrical and plumbing system of the
			 project in an amount equal to 15 percent of the basic fee for inspection
			 services for each such system. If an application involves only one such system,
			 no additional fee for inspection services is due pursuant to this
			 paragraph.
(c) A fee for the review
			 of the plans and specifications for the project in an amount equal to 70
			 percent of the total amount of the basic fee for inspection services calculated
			 pursuant to paragraph (a) and any additional fees for inspection services
			 calculated pursuant to paragraph (b).
Nevada Administrative Code › Chapter 341 - State Public Works Board › ENFORCEMENT OF ORDERS TO COMPEL CESSATION OF WORK › Section 341.210 - "Person" defined

Current through June 11, 2024
As used in NAC 341.210 to 341.230, inclusive, "person" means a
				natural person, any form of business or social organization and any other legal
				entity, including, without limitation, a corporation, partnership, association,
				trust, unincorporated organization, government, governmental agency or
				political subdivision of a government.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004
NRS
				  341.105,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ENFORCEMENT OF ORDERS TO COMPEL CESSATION OF WORK › Section 341.215 - Imposition of administrative penalties

Current through June 11, 2024
In addition to any other penalty provided by law, the Deputy
				Administrator for Compliance and Code Enforcement may impose against a person
				who knowingly refuses to comply, or a person who willfully encourages another
				person to refuse to comply, with an order issued pursuant to subsection 1 of
				NRS
				341.105:
1. For a first offense, an administrative
			 penalty of not more than $250 for each day that the person violates the
			 order.
2. For a second offense
			 occurring within 7 years after a first offense, an administrative penalty of
			 not more than $750 for each day that the person violates the order.
3. For a third offense occurring within 7
			 years after a second offense, an administrative penalty of not more than $1,000
			 for each day that the person violates the order.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.105,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ENFORCEMENT OF ORDERS TO COMPEL CESSATION OF WORK › Section 341.220 - Notice of intent to impose administrative penalty and of right to hearing

Current through June 11, 2024
If the Deputy Administrator for Compliance and Code Enforcement
				determines, by substantial evidence, that a person has knowingly refused to
				comply, or has willfully encouraged another person to refuse to comply, with an
				order issued pursuant to subsection 1 of
				NRS
				341.105, the Deputy Administrator for
				Compliance and Code Enforcement shall send to that person by certified mail a
				notice stating that:
1. The Deputy
			 Administrator for Compliance and Code Enforcement intends to impose against the
			 person an administrative penalty pursuant to NAC 341.215; and
2. The person has the right to request a
			 hearing.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.105,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › ENFORCEMENT OF ORDERS TO COMPEL CESSATION OF WORK › Section 341.225 - Appeal of determination to impose administrative penalty: Appointment, duties and authority of subcommittee of Board; procedure

Current through June 11, 2024
1. The Board will appoint a subcommittee
			 consisting of three members of the Board to hear appeals from a determination
			 by the Deputy Administrator for Compliance and Code Enforcement to impose
			 administrative penalties pursuant to NAC 341.215.
2. Within 10 days after a person receives a
			 notice sent pursuant to NAC 341.220, the person may file with the Board a
			 written notice of appeal. The written notice must set forth the basis for the
			 appeal and may be accompanied by copies of any supporting documents.
3. The subcommittee appointed pursuant to
			 subsection 1 shall:
(a) Conduct a hearing
			 within 45 days after the notice of appeal is received by the Board;
(b) Provide notice of the time and place of
			 the hearing to the person who requested the appeal; and
(c) Select from among its members a
			 chair.
Nevada Administrative Code › Chapter 341 - State Public Works Board › ENFORCEMENT OF ORDERS TO COMPEL CESSATION OF WORK › Section 341.230 - Collection of administrative penalty

Current through June 11, 2024
If a person does not request an appeal pursuant to NAC 341.225,
				a decision by the Deputy Administrator for Compliance and Code Enforcement to
				impose an administrative penalty pursuant to NAC 341.215 is final and the
				Deputy Administrator for Compliance and Code Enforcement may collect the
				administrative penalty pursuant to the collection procedures set forth in
				chapter 353C of NRS or as otherwise authorized by law.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11,
				5-30-2012
NRS
				  341.070,
				  341.105,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.301 - Definitions

Current through June 11, 2024
As used in NAC 341.301 to 341.376, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 341.306 to
				341.341, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.306 - "Design consultant" defined

Current through June 11, 2024
"Design consultant" means a natural person, partnership,
				corporation, limited-liability company or other business organization or
				association that engages in the practice of architecture pursuant to chapter
				623 of NRS and that has entered into an agreement with the Division to provide
				design services for a project.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.311 - "Design services" defined

Current through June 11, 2024
"Design services" includes, without limitation:
1. Preliminary planning;
2. Designing;
3. Estimating of costs; and
4. Preparation of detailed plans and
			 specifications.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.316 - "Green building design measure" defined

Current through June 11, 2024
"Green building design measure" means a design feature,
				material, site location, construction technique, principle, practice, device or
				other natural process or technological system that is designed or intended to
				contribute to the efficient use of energy or water in a project. The term
				includes the use of a source of renewable energy.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.321 - "Project" defined

Current through June 11, 2024
"Project" means a capital improvement project of the State for
				the construction or remodeling of a building with a gross floor area greater
				than 20,000 square feet.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.326 - "Project manager" defined

Current through June 11, 2024
"Project manager" means a person who holds a certificate of
				registration to engage in the practice of architecture pursuant to chapter 623
				of NRS or who is licensed as a professional engineer pursuant to chapter 625 of
				NRS and who is employed by the Division to provide design services for a
				project.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010; A by R105-11 & R106-11,
				5-30-2012
NRS
				  341.070,
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.331 - "Remodeling" defined

Current through June 11, 2024
"Remodeling" includes, without limitation, the construction of
				an addition to, or the renovation or retrofit of, an existing building.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.336 - "Renewable energy" defined

Current through June 11, 2024
"Renewable energy" has the meaning ascribed to it in
				NRS
				341.091.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.341 - "Simple payback period" defined

Current through June 11, 2024
"Simple payback period" means the time required for the
				cumulative dollar value of savings in energy or water that are attributable to
				a green building design measure to equal the initial cost of the measure
				excluding the time value of money.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010
NRS
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.346 - Review by Administrator of preliminary plans, designs and detailed plans and specifications of project to ensure achievement of certain efficiencies in use of energy and water

Current through June 11, 2024
1. The
			 Administrator shall review the preliminary plans, designs and detailed plans
			 and specifications of a project to ensure that the project will achieve:
(a) Efficiency in the use of energy that
			 meets or exceeds the standards for the efficient use of energy established by:
(1) ANSI/ASHRAE Standard 90.1 -2010,
Energy Standard for Buildings Except Low-Rise Residential
			 Buildings
, as adopted by reference pursuant to NAC 341.045;
			 and
(2) The United States
			 Environmental Protection Agency pursuant to the Energy Star Program;
			 and
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.351 - Contents of report concerning measures to accompany preliminary plans of project

Current through June 11, 2024
1. The preliminary
			 plans of a project submitted to the Administrator by a design consultant or
			 project manager must be accompanied by a report that identifies each green
			 building design measure that could reasonably be incorporated into the design
			 of the project to ensure that the project will achieve the efficiencies in the
			 use of energy and water set forth in NAC 341.346. For each such measure, the
			 report must include, without limitation:
(a)
			 A brief description of how the green building design measure is intended to
			 contribute to the efficient use of energy or water in the project.
(b) The estimated dollar value of the savings
			 in energy or water that are attributable to the green building design measure
			 during its estimated useful life. The estimates must be supported by
			 appropriate documentation.
(c) A
			 life cycle cost analysis of the green building design measure. The life cycle
			 cost analysis must be performed in a manner prescribed by the Administrator and
			 include, without limitation, the calculation of the simple payback period of
			 the green building design measure.
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.356 - Determination of measures to be incorporated into project

Current through June 11, 2024
The Administrator shall review the preliminary plans of a
				project and the accompanying report submitted pursuant to NAC 341.351 and
				determine the green building design measures that must be incorporated into the
				design of the project to ensure that the project will achieve the efficiencies
				in the use of energy and water set forth in NAC 341.346. In reaching this
				determination, the Administrator shall consider, in addition to the information
				provided by the design consultant or project manager pursuant to NAC
				341.351:
1. The initial cost of the
			 green building design measure in relation to the budget for the project set
			 forth in the State's capital improvement program.
2. The simple payback period of the green
			 building design measure. The simple payback period must not be longer than 10
			 years, unless the Administrator determines that the use of a longer period is
			 in the best interests of the State.
3. Any other information that the
			 Administrator considers to be relevant to the determination.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010; A by R105-11 & R106-11,
				5-30-2012
NRS
				  341.091,
				  341.100,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.361 - Incorporation of measures into design of project; preparation of summary report on incorporated measures

Current through June 11, 2024
1. The design
			 consultant or project manager of a project shall incorporate into the design of
			 a project each green building design measure that the Administrator has
			 determined must be incorporated into the design pursuant to NAC
			 341.356.
2. The design of a project
			 submitted to the Administrator by a design consultant or project manager must
			 be accompanied by a summary report that identifies each green building design
			 measure that has been incorporated into the design of the project and includes
			 the information concerning the green building design measure required pursuant
			 to NAC 341.351.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010; A by R105-11 & R106-11,
				5-30-2012
NRS
				  341.070,
				  341.091,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.366 - Retention or employment of persons to review design of project

Current through June 11, 2024
1. Before approving the design of a project
			 submitted by a design consultant or project manager, the Administrator shall
			 retain or employ a person with competence and expertise equal to that of the
			 design consultant or project manager to conduct a review of the
			 design.
2. A person who conducts
			 the review of the design of a project pursuant to subsection 1 shall:
(a) Express his or her professional opinion
			 regarding whether the design of the project ensure that the project will
			 achieve the efficiencies in the use of energy and water set forth in NAC
			 341.346.
(b) Submit his or her
			 opinion directly to the Administrator.
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.371 - Confirmation that project will achieve certain efficiencies in use of energy and water required before approval of final payment for preparation of detailed plans and specifications of project

Current through June 11, 2024
Before approving the final payment to a design consultant for
				the preparation of the detailed plans and specifications of a project, the
				Administrator shall confirm that the detailed plans and specifications of the
				project ensure that the project will achieve the efficiencies in the use of
				energy and water set forth in NAC 341.346.
Added to NAC by Pub.
				Works Bd. by R207-09, eff. 10-15-2010; A by R105-11 & R106-11,
				5-30-2012
NRS
				  341.070,
				  341.091,
				  341.100,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › INCORPORATION OF GREEN BUILDING DESIGN MEASURES IN PROJECTS FOR THE CONSTRUCTION OR REMODELING OF LARGER STATE BUILDINGS › Section 341.376 - Duties of contractor awarded contract for project: Recycling; submission of waste management plan and report

Current through June 11, 2024
1. A contractor who
			 is awarded a contract for the construction of a project shall:
(a) Recycle or cause to be recycled not less
			 than 50 percent by weight or volume of the total amount of solid waste
			 generated by the construction of the project, including, without limitation,
			 any associated demolition.
(b)
			 Submit to the Administrator a waste management plan for complying with the
			 requirements of paragraph (a). The waste management plan must be in a form
			 prescribed by the Administrator and include, without limitation, provisions
			 concerning the storage, collection, recycling and disposal of all solid waste
			 generated by the construction of the project, including, without limitation,
			 any associated demolition.
(c)
			 Submit to the Administrator with each progress bill or retainage bill a waste
			 management report documenting the contractor's adherence to the waste
			 management plan and measuring the contractor's progress toward compliance with
			 the requirements of paragraph (a).
Nevada Administrative Code › Chapter 348A - Issuance of Private Activity Bonds › Section 348A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 348A.020 to 348A.150, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Commerce, eff. 2-18-88; A by Dep't of Business & Industry by R038-02, 6-26-2002; R095-05, 10-31-2005
NRS 348A.040
Nevada Administrative Code › Chapter 348A - Issuance of Private Activity Bonds › Section 348A.020 - "Allocation" defined

Current through June 11, 2024
"Allocation" means the principal amount of private activity bonds which is reserved and assigned to state and local governmental agencies authorized by law to issue private activity bonds.
Added to NAC by Dep't of Commerce, eff. 2-18-88
NRS 348A.040
Nevada Administrative Code › Chapter 348A - Issuance of Private Activity Bonds › Section 348A.080 - "Local population share" defined

Current through June 11, 2024
"Local population share" means:
1. For each incorporated city and Carson City, a percentage calculated for each calendar year by dividing the most recent state estimate of the population of the city by the most recent state estimate of the population of the State.
2. For each county, a percentage calculated for each calendar year by dividing the most recent state estimate of the population of the unincorporated area of the county by the most recent state estimate of the population of the State.
Added to NAC by Dep't of Commerce, eff. 2-18-88
NRS 348A.040
Nevada Administrative Code › Chapter 348A - Issuance of Private Activity Bonds › Section 348A.085 - "Office of Business Finance and Planning" defined

Current through June 11, 2024
"Office of Business Finance and Planning" means the Office of Business Finance and Planning created in the Department pursuant to NRS NRS NRS NRS 232.522.
Added to NAC by Dep't of Business & Industry by R095-05, eff. 10-31-2005
NRS 348A.040
Nevada Administrative Code › Chapter 348A - Issuance of Private Activity Bonds › Section 348A.100 - "Project" defined

Current through June 11, 2024
"Project" means any construction, planned expenditure, program or other activity intended to be financed by a private activity bond which is described in sufficient detail to determine eligibility for financing.
Added to NAC by Dep't of Commerce, eff. 2-18-88
NRS 348A.040