Except as otherwise
provided in NRS 461.175 , the provisions
of this chapter apply to all factory-built housing manufactured after
July 1, 1971 and to all other manufactured buildings and modular
components manufactured after July 1, 1973.
(Added to NRS by 1971, 1311; A 1973, 454; 1991, 1169)
1. The Legislature hereby finds and declares that in an effort to
meet the housing needs within the State of Nevada, the private housing
and construction industry has developed mass production techniques which
can substantially reduce housing construction costs, and that the mass
production of housing, consisting primarily of factory manufacture of
dwelling units or habitable rooms thereof, presents unique problems with
respect to the establishment of uniform health and safety standards and
inspection procedures.
2. The Legislature further finds and declares that by minimizing
the problems of standards and inspection procedures, it is demonstrating
its intention to encourage the reduction of housing construction costs
and to make housing and home ownership more feasible for all residents of
the State.
3. The Legislature further finds that industrialized types of
construction have expanded to include office buildings, schools, nursing
homes, motels and buildings other than dwellings. Modular buildings or
modular components, or both, arrive at the construction site in a closed
panel condition, making inspections by the local enforcement agency
difficult. This chapter is intended to provide means for determining
whether these manufactured buildings or components, or both, meet with
state and local adopted code standards and specifications and also to
encourage the advantages of new building construction technology.
(Added to NRS by 1971, 1311; A 1973, 455)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 461.050
to 461.160 , inclusive, have the meanings ascribed to them
in such sections.
(Added to NRS by 1971, 1311; A 1973, 455; 1979, 1219; 2001, 1727
)
“Approval” means conforming to
the requirements, and obtaining the approval, of the Division.
(Added to NRS by 1971, 1311; A 1979, 1219)
“Division” means the Manufactured
Housing Division of the Department of Business and Industry.
(Added to NRS by 1979, 1219; A 1993, 1635)
“Dwelling unit” means one or
more habitable rooms which are occupied or which are intended or designed
to be occupied by one family with facilities for living, sleeping,
cooking and eating.
(Added to NRS by 1971, 1311)
“Factory-built
housing” means a residential building, dwelling unit or habitable room
thereof which is either wholly manufactured or is in substantial part
manufactured at an off-site location to be wholly or partially assembled
on-site in accordance with regulations adopted by the Division pursuant
to NRS 461.170 , but does not include a
mobile home or recreational park trailer.
(Added to NRS by 1971, 1311; A 1979, 1219; 2001, 1727 )
“First user” means the person,
firm or corporation that initially installs factory-built housing or
manufactured buildings within this State. A person who subsequently
purchases a building which wholly or partially consists of factory-built
housing or manufactured buildings is not a first user within the meaning
of this definition.
(Added to NRS by 1971, 1312; A 1973, 455)
“Habitable room” means any
room meeting the requirements of this chapter designed for sleeping,
living, cooking or dining purposes, excluding such enclosed places as
closets, pantries, connecting corridors, unfinished attics, laundries,
foyers, storage spaces, cellars, utility rooms and similar spaces.
(Added to NRS by 1971, 1312)
“Installation” means the
assembly of any factory-built housing or any manufactured building on
site and the process of affixing such factory-built housing or
manufactured building to land, a foundation, footings or an existing
building.
(Added to NRS by 1971, 1312; A 1973, 455)
“Local
enforcement agency” means any county or incorporated city or town,
including Carson City, in which factory-built housing or any manufactured
building is installed.
(Added to NRS by 1971, 1312; A 1973, 455)
“Manufacture”
or “fabricate” is the process of making, fabricating, constructing,
forming or assembling a product from raw, unfinished or semifinished
materials.
(Added to NRS by 1971, 1312; A 1973, 455)
“Manufactured
building” includes any modular building or any building constructed using
one or more modular components, but does not include a recreational park
trailer.
(Added to NRS by 1973, 454; A 2001, 1727 )
“Mobile home” means a
vehicular structure which is built on a chassis or frame, is designed to
be used with or without a permanent foundation, is capable of being drawn
by a motor vehicle and is used as a dwelling when connected to utilities.
(Added to NRS by 1971, 1312)
“Modular building” means
an office, apartment, school, motel or other building, whether it is a
total building or a room, which is either wholly manufactured or is in
substantial part manufactured at an off-site location to be wholly or
partially assembled on-site in accordance with regulations adopted by the
Division pursuant to NRS 461.170 , but
does not include a mobile home or recreational park trailer.
(Added to NRS by 1973, 454; A 1979, 1219; 2001, 1728 )
“Modular component”
means any closed unit of construction which bears or requires any
electrical, plumbing, heating, air-conditioning or any other mechanical
connection.
(Added to NRS by 1973, 454)
“Recreational
park trailer” has the meaning ascribed to it in NRS 482.1005 .
(Added to NRS by 2001, 1727 )
“Residential
building” means any structure designed solely for dwelling occupancy,
containing one or more dwelling units and structures accessory thereto.
(Added to NRS by 1971, 1312)
“Site” is the entire tract,
subdivision or parcel of land on which factory-built housing or any
manufactured building is installed.
(Added to NRS by 1971, 1312; A 1973, 455)
1. Unless the Division has adopted a more recent edition pursuant
to paragraph (b) of subsection 2, the following codes and standards, in
the form most recently published before January 1, 1999, are hereby
adopted for the purposes of this chapter:
(a) The Uniform Housing Code;
(b) The Uniform Building Code, as adopted by the International
Conference of Building Officials;
(c) The Uniform Plumbing Code, as adopted by the International
Association of Plumbing and Mechanical Officials;
(d) The Uniform Mechanical Code, as adopted by the International
Conference of Building Officials and the International Association of
Plumbing and Mechanical Officials;
(e) The National Electrical Code, as adopted by the National Fire
Protection Association;
(f) The Uniform Building Code, Dangerous Building, as adopted by
the International Conference of Building Officials;
(g) The Uniform Building Code Standards, as adopted by the
International Conference of Building Officials; and
(h) The American National Standards Institute Standard No. A117.1.
2. The Division may:
(a) Adopt regulations necessary to carry out the provisions of this
chapter and the codes and standards adopted by this section.
(b) Adopt, by regulation, the most recent edition of the codes and
standards specified in subsection 1.
(c) Revise the regulations to conform substantially to any
amendments to the codes and standards.
3. If approved in writing by the Division, a local enforcement
agency may impose requirements that are more stringent than the codes,
standards and regulations adopted under this section.
(Added to NRS by 1971, 1312; A 1979, 1220; 1985, 373; 1993, 232;
1999, 928 )
1. Except as otherwise provided in subsection 2, each manufactured
building on which construction begins on or after March 1, 1992, must
incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per
minute must not be installed unless it is equipped with a device to
reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 3 gallons per minute.
2. Each manufactured building on which construction begins on or
after March 1, 1993, must incorporate the following minimal standards for
plumbing fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water
per minute must not be installed unless it is equipped with a device to
reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 2.5 gallons per minute.
(Added to NRS by 1991, 1169)
The Division shall establish a
schedule of fees to cover the costs incurred by the Division in the
administration and enforcement of the provisions of this chapter and the
regulations established by the Division.
(Added to NRS by 1971, 1313; A 1979, 1220)
Except as otherwise provided in NRS 489.265 , all fees collected pursuant to this chapter
must be deposited in the State Treasury for credit to the Fund for
Manufactured Housing. All expenses for the enforcement of this chapter
must be paid from the Fund.
(Added to NRS by 1981, 1195; A 1985, 295; 1995, 956)
1. Factory-built housing manufactured after the effective date of
the regulations for that housing adopted pursuant to this chapter which
is sold or offered for sale to a first user within this State must bear
an insigne of approval issued by the Division.
2. A manufactured building, fabricated after the effective date of
the regulations for that building adopted pursuant to this chapter, which
is sold or offered for sale to a first user within this State must bear
an insigne of approval issued by the Division.
3. The Division may issue insignia, medallions, symbols or tags
issued by the appropriate certifying authority designated by the uniform
codes and standards adopted pursuant to NRS 461.170 to signify compliance with all the provisions
of NRS 461.170 .
4. The Division may provide by regulation for the approval of any
factory-built housing or manufactured building which has been inspected
and approved by the appropriate certifying authorities of another
jurisdiction which has adopted all the codes and standards specified in
NRS 461.170 without additional
inspection or issuance of additional insignia, medallions, symbols or
tags by the Division.
(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1220; 1999, 929
)
No factory-built housing or manufactured
building bearing a division insigne of approval pursuant to NRS 461.190
may be in any way modified before or
during installation unless approval is first obtained from the Division.
(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)
Whenever there is definite evidence that any material,
appliance, device, arrangement, system or method of construction does not
conform to the standards set by the regulations of the Division, it may
require tests or proof of compliance to be made at the expense of the
manufacturer or his agent, subject to a right of appeal.
(Added to NRS by 1971, 1313; A 1973, 75; 1979, 1221)
1. The Division shall hear appeals brought by any person regarding
the application to that person of any regulation of the Division adopted
pursuant to this chapter. Any appeal must first be submitted to the local
enforcement agency, if any, delegated by the Division to enforce the
provisions of this chapter. The Division may not hear any appeal
regarding any local ordinance, rule or regulation related to the
installation of factory-built housing or manufactured buildings.
2. The Division may adopt regulations pertaining to the hearing of
appeals under the provisions of this section.
(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)
1. Except as otherwise provided in subsection 2 and NRS 461.260
, the Division shall enforce every
provision of this chapter and the regulations adopted pursuant to the
provisions of this chapter.
2. The Division may delegate its enforcement authority to local
government agencies by written contract.
(Added to NRS by 1971, 1313; A 1979, 1221; 1999, 929 )
1. The Administrator of the Division or any person authorized by
him may institute any appropriate action to enforce this chapter, or to
prevent, restrain, correct or abate any violation of this chapter.
2. In order properly to carry out the provisions of this chapter,
the Administrator of the Division or any person authorized by him may:
(a) Conduct hearings;
(b) Issue subpoenas; and
(c) Administer oaths.
(Added to NRS by 1971, 1314; A 1979, 1221)
1. In a county whose population is 400,000 or more, local
enforcement agencies shall enforce and inspect the installation of
factory-built housing and manufactured buildings.
2. In a county whose population is less than 400,000, local
enforcement agencies may enforce and inspect the installation of
factory-built housing and manufactured buildings. If a local enforcement
agency fails or refuses to enforce and inspect the installation of any
factory-built housing or manufactured building in its jurisdiction within
10 days after receipt of a request to inspect the installation, the
Division shall enforce and inspect the installation.
3. Local use zone requirements, local fire zones, building
setback, side and rear yard requirements, site development and property
line requirements, as well as the review and regulation of architectural
and aesthetic requirements are hereby specifically and entirely reserved
to local jurisdictions notwithstanding any other requirement of this
chapter.
4. If, upon a final inspection conducted pursuant to subsection 2,
the Division determines that the factory-built housing or manufactured
building meets all requirements established for the installation of the
factory-built housing or manufactured building and all applicable
requirements described in subsection 3, the Division shall issue a
certificate of occupancy for the factory-built housing or manufactured
building. The Division may adopt such regulations as it determines
necessary to carry out its duties pursuant to this section. The
regulations may establish fees for inspections and the issuance of
certificates of occupancy.
5. A local government authority may inspect Nevada manufacturers
of factory-built housing or manufactured buildings to ensure compliance
with all the provisions of NRS 461.170 .
Before conducting an initial inspection of any such manufacturer, a local
government authority must give 10 days’ written notice to the
Administrator of the Division. The local government authority is not
required to give notice to the Administrator before conducting subsequent
inspections of the manufacturer.
(Added to NRS by 1971, 1314; A 1973, 456; 1975, 977; 1979, 1221;
1999, 929 ; 2003, 583 )
Any person who violates any of the
provisions of this chapter or any regulations adopted pursuant to this
chapter shall be punished by a fine not exceeding $2,500 or by
imprisonment not exceeding 30 days, or by both fine and imprisonment.
(Added to NRS by 1971, 1314; A 1985, 295; 1999, 930 )
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