USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 447 - PUBLIC ACCOMMODATIONS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 447.007
and 447.010 have the meanings ascribed to them in those
sections.
(Added to NRS by 1997, 1616)
“Health authority” means:
1. The officers and agents of the Health Division of the
Department of Health and Human Services; or
2. The officers and agents of the local boards of health.
(Added to NRS by 1997, 1616)
“Hotel” means every building or
structure kept as, used as, maintained as, or held out to the public to
be, a place where sleeping or rooming accommodations are furnished to the
transient public, whether with or without meals, including, without
limitation, a lodginghouse or rooming house where transient trade is
solicited.
[1:136:1915; 1919 RL p. 2811; NCL § 3337]—(NRS A 1997, 1616)
1. All bedding, bedclothes or bed covering, including mattresses,
quilts, blankets, sheets, pillows or comforters, used in any hotel in
this state must be kept clean and free from all filth or dirt.
2. No bedding, bedclothes or bed covering, including mattresses,
quilts, blankets, sheets, pillows or comforters, shall be used which is
worn out or unsanitary for use by human beings according to the true
intent and meaning of this chapter.
[2:136:1915; 1919 RL p. 2811; NCL § 3338]
Any room in any hotel in
this state which is or shall be infested with vermin or bedbugs or
similar things shall be thoroughly fumigated, disinfected and renovated
until such vermin or bedbugs or other similar things are entirely
exterminated.
[3:136:1915; 1919 RL p. 2811; NCL § 3339]
Every room in
any hotel in this state used for sleeping purposes must be free from any
and every kind of dirt or filth of whatever nature, and the walls,
floors, ceiling and doors of every such room shall be kept free from dirt.
[4:136:1915; 1919 RL p. 2811; NCL § 3340]
1. Toilet rooms and bathrooms, including toilets, bathing and
lavatory facilities, in hotels shall be kept clean and sanitary.
2. All other rooms, corridors, stairways, elevators, fire escapes,
garages within hotels, lobbies and other portions or appurtenances of
hotels used by tenants shall be kept in a clean and sanitary condition,
free of fire hazards and free of hazards to life and limb.
(Added to NRS by 1957, 484)
It is unlawful for any person to use, or to
permit another person to use, any of the following portions of a hotel
for living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower
compartment, or slop-sink room.
2. Any other room or place which does not comply with the
provisions of this chapter, or in which, in the judgment of the health
authority, living or sleeping is dangerous or prejudicial to life or
health by reason of an overcrowded condition, a want of light, windows,
ventilation or drainage, dampness, or offensive or obnoxious odors or
poisonous gases in the room or place, or a lack of exits as required by
the Uniform Building Code in the form most recently adopted before
January 1, 1985, by the International Conference of Building Officials.
[4a:136:1915; added 1945, 384; 1943 NCL § 3340a]—(NRS A 1957, 484;
1969, 1022; 1985, 372)
Every room in any hotel used
for sleeping purposes shall have devices, such as a window or transom, so
constructed as to allow for the proper and a sufficient amount of
ventilation in each such room, except that buildings more than one story
in height, constructed after July 1, 1957, shall have no transoms or
ventilating openings from guestrooms to public corridors.
[5:136:1915; 1919 RL p. 2811; NCL § 3341]—(NRS A 1957, 484)
Windows and outside doors shall be screened against flies and mosquitoes.
[5a:136:1915; added 1945, 384; 1943 NCL § 3341a]
No
room for sleeping purposes shall have less than 500 cubic feet of air
space for each occupant. The floor area of each sleeping room must be at
least 80 square feet and at least 7 feet in width. All rooms must have a
ceiling height of at least 8 feet.
[5b:136:1915; added 1945, 384; 1943 NCL § 3341b]
1. Every bed kept or used in any hotel in this state for the
accommodation of any person or guest must be provided with a sufficient
supply of clean bedding.
2. Clean sheets and pillow slips shall be supplied for each bed in
a hotel as often as the bed is assigned to a different person.
3. Sheets shall be at least 98 inches long and of sufficient width
to cover the mattress and spring completely.
[6:136:1915; 1919 RL p. 2811; NCL § 3342]
Whenever any room in any hotel shall
have been occupied by any person having a contagious or infectious
disease, the room shall be thoroughly fumigated under the direction of
the health authority, and all bedding therein thoroughly disinfected
before the room shall be occupied by any other person. In any event, such
room shall not be let to any person for at least 48 hours after such
fumigation or disinfection.
[7:136:1915; 1919 RL p. 2811; NCL § 3343]—(NRS A 1969, 1022)
1. In every hotel in existence prior to October 1, 1945, at least
one bathtub or shower shall be installed in a separate compartment on a
public hallway or court for every 20, or fractional part of 20,
guestrooms on the same floor as the hallway or court which are not
provided with private baths.
2. In every hotel built after October 1, 1945, at least one
bathtub or shower provided with hot and cold water shall be installed in
a separate compartment on a public hallway or court for every 10, or
fractional part of 10, guestrooms on the same floor as the hallway or
court which are not provided with private baths.
[7a:136:1915; added 1945, 384; 1943 NCL § 3343a]
1. Every hotel within this state having a public washstand or
washbowl, where different persons gather to wash themselves, must keep a
sufficient supply of clean, individual towels for the use of such persons
within easy access of or to such persons and in plain sight and view.
2. Nothing in this section shall be construed as excluding the use
of crepe or paper towels, or the automatic roller towel.
[8:136:1915; 1919 RL p. 2812; NCL § 3344]
1. In every hotel or any other type of transient lodging
establishment without private toilets there shall be at least one toilet
for each sex in a separate compartment on a public hallway or court and
such toilets shall be plainly indicated by signs. If the building is
designed to accommodate more than 15 persons on any floor or court, then
toilets shall be provided on each floor or court in the ratio of one for
each 15 persons or major fraction thereof, not provided with private
toilets.
2. Adequate hand washing facilities, properly supplied with soap
and hot and cold water under pressure, shall be provided convenient to
the toilet facilities.
[8a:136:1915; added 1945, 384; 1943 NCL § 3344a]—(NRS A 1957, 484)
1. Each owner, lessor, lessee or operator of a public
accommodation shall mark each entrance to a corridor in the public
accommodation which leads to a toilet facility with a sign which:
(a) Conforms to the requirements related to signage contained in §§
4.30 et seq. of the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities set forth in Appendix A of Part
36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons
who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of
persons of one gender:
(I) Indicate that the toilet facility is for the
exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may
be used by persons of the other gender.
2. A person may report a violation of subsection 1 to the Attorney
General.
3. Upon receiving a report pursuant to subsection 2, the Attorney
General shall notify the owner, lessor, lessee or operator of the public
accommodation of the alleged violation. Not later than 30 days after
receiving such a notification, the owner, lessor, lessee or operator of
the public accommodation shall:
(a) Present evidence to the Attorney General that the public
accommodation is in compliance with subsection 1; or
(b) Begin any action necessary to comply with the requirements of
subsection 1 and notify the Attorney General of the date on which the
public accommodation will be in compliance with those requirements.
4. If the owner, lessor, lessee or operator of the public
accommodation fails to comply with subsection 1, the Attorney General
shall take such action as is necessary to ensure compliance with
subsection 1, including, without limitation, commencing proceedings in a
court of competent jurisdiction, if appropriate.
5. As used in this section, “public accommodation” has the meaning
ascribed to it in 42 U.S.C. § 12181.
(Added to NRS by 2001, 706 )
1. In every hotel built after July 1, 1957, any room in which a
water closet, bathtub or shower is installed must be ventilated to the
outside air by means of a window of at least 3 square feet, unless
satisfactory mechanical ventilation is provided.
2. In hotels built prior to July 1, 1957, without windows in the
rooms containing water closets, bathtubs or showers, suitable ventilation
shall be provided as required by the health authority.
[8b:136:1915; added 1945, 384; 1943 NCL § 3344b]—(NRS A 1957, 484;
1969, 1022)
1. In every hotel and any other type of transient lodging
establishment, the heating and ventilating systems must be constructed,
installed and operated so as to reduce to a minimum the possibilities of
fire, explosion, asphyxiation or gas poisoning.
2. Faultily constructed or installed heating and ventilating
systems in hotels and other types of transient lodging establishments
constructed before July 1, 1957, must be reconstructed, repaired or
replaced upon order of the health authority whenever the continued
operation of the faultily constructed or installed heating and
ventilating systems will result in detriment to the health and life of
the occupants of the building.
3. The health authority may adopt rules, regulations and codes
governing the construction, installation and operation of heating and
ventilating systems in hotels and other types of transient lodging
establishments.
(Added to NRS by 1957, 484; A 1969, 1023; 1997, 1616)
1. The health authority may exempt any hotel built prior to
October 1, 1945, from having the number of water closets, bathtubs or
showers required by this chapter for the following reason: The exemption
will not result in detriment to the health of the occupants or to the
sanitation of the building.
2. The health authority has no authority under this section to
exempt any hotel or portion of a hotel built after October 1, 1945, from
having the number of water closets, bathtubs or showers required by this
chapter.
[8c:136:1915; added 1945, 384; 1943 NCL § 3344c]—(NRS A 1969, 1023)
1. Every hotel in this state must have proper facilities for
sewage disposal and must be kept free from effluvia arising from any
sewer, drain, toilet or other source within the control of the
proprietor, owner, manager, agent or other person in charge.
2. Any toilet in connection with any hotel must be disinfected as
often as may be necessary to keep it in a sanitary condition at all times.
[9:136:1915; 1919 RL p. 2812; NCL § 3345]—(NRS A 1993, 2640)
Every hotel shall be
provided with a safe, sanitary water supply and there shall be no cross
connection between the water system and the sewage collecting system. All
plumbing fixtures shall be constructed so there will be no possibility of
back siphonage from the plumbing fixtures into the water system.
[9a:136:1915; added 1945, 384; 1943 NCL § 3345a]
Every hotel shall
have sanitary facilities for the storage and disposal of garbage, and no
garbage or rubbish shall be permitted to accumulate and be or become a
nuisance in a hotel or on the hotel premises.
[9b:136:1915; added 1945, 384; 1943 NCL § 3345b]
The reconstruction of
existing hotels, including all types of transient lodging establishments,
and the construction of new hotels, including all types of transient
lodging establishments, shall be in accord with pertinent state laws,
rules and regulations of the State Board of Health or local board of
health, and the latest editions of the Uniform Building Code and the
Uniform Plumbing Code and such other codes as the State Board of Health
may designate.
(Added to NRS by 1957, 484; A 1969, 1023; 1971, 235)
The health authority is charged with the enforcement of this chapter. He
shall keep a record of hotels inspected, and the record or any part
thereof may, in the discretion of the health authority, be included in
the biennial report to the Director of the Department of Health and Human
Services.
[11:136:1915; A 1945, 384; 1943 NCL § 3347]—(NRS A 1963, 958; 1967,
1172; 1969, 1023; 1973, 1406)
The health authority
shall have access at any time to any hotel in this State for the purpose
of making inspections and carrying out the provisions of this chapter.
[12:136:1915; A 1945, 384; 1943 NCL § 3348]—(NRS A 1969, 1023)
1. Every proprietor, owner, manager, lessee or other person in
charge of any hotel in this state who fails to comply with the provisions
of NRS 447.003 to 447.200 , inclusive, or any of the provisions of the
regulations hereby established whether through the acts of himself, his
agent or employees is guilty of a misdemeanor.
2. Every day that any hotel is in violation of any of the
provisions of this chapter constitutes a separate offense.
[10:136:1915; A 1945, 384; 1943 NCL § 3346]—(NRS A 1967, 581; 2001,
707 )
