USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 623 - ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN
The purpose of this chapter is to safeguard
life, health and property, and to promote the public welfare by improving
the quality of human environmental design.
[1:220:1949; 1943 NCL § 537.1]—(NRS A 1973, 1696)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 623.017
to 623.029 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467; 1995, 1696; 2001, 1785 )
“Architect” means any person who
engages in the practice of architecture and holds a certificate of
registration issued by the Board.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467)
“Board” means the State Board of
Architecture, Interior Design and Residential Design.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467; 1995, 1696)
“Certificate
of registration” means the certificate of registration issued by the
Board to:
1. An architect;
2. A registered interior designer; or
3. A residential designer.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467; 1995, 1696)
“Partition” means a wall which
does not:
1. Support a vertical load of a structure other than its own
weight;
2. Separate interior areas of a structure which are designed for
different uses;
3. Support a structure; and
4. Extend further than from the floor of an interior area of a
structure designed for human habitation or occupancy to the ceiling of
that structure.
(Added to NRS by 1995, 1693)
“Practice as a registered interior designer” means the rendering, by a
person registered pursuant to subsection 2 of NRS 623.180 , of services to enhance the quality and
function of an interior area of a structure designed for human habitation
or occupancy. The term includes:
1. An analysis of:
(a) A client’s needs and goals for an interior area of a structure
designed for human habitation or occupancy; and
(b) The requirements for safety relating to that area;
2. The formulation of preliminary designs for an interior area
designed for human habitation or occupancy that are appropriate,
functional and esthetic;
3. The development and presentation of final designs that are
appropriate for the alteration or construction of an interior area of a
structure designed for human habitation or occupancy;
4. The preparation of contract documents for the alteration or
construction of an interior area of a structure designed for human
habitation or occupancy, including specifications for partitions,
materials, finishes, furniture, fixtures and equipment;
5. The collaboration in the completion of a project for the
alteration or construction of an interior area of a structure designed
for human habitation or occupancy with professional engineers or
architects who are registered pursuant to the provisions of title 54 of
NRS;
6. The preparation and administration of bids or contracts as the
agent of a client; and
7. The review and evaluation of problems relating to the design of
a project for the alteration or construction of an area designed for
human habitation or occupancy during the alteration or construction and
upon completion of the alteration or construction.
(Added to NRS by 1995, 1694; A 1997, 201)—(Substituted in revision
for NRS 623.024)
The “practice of
architecture” consists of rendering services embracing the scientific,
esthetic and orderly coordination of processes which enter into the
production of a completed structure which has as its principal purpose
human habitation or occupancy, or the utilization of space within and
surrounding the structure, performed through the medium of plans,
specifications, administration of construction, preliminary studies,
consultations, evaluations, investigations, contract documents and advice
and direction.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467; 1995, 1696)
The
“practice of residential design” consists of rendering services embracing
the scientific, esthetic or orderly coordination of processes which enter
into:
1. The production of a completed:
(a) Single-family dwelling unit; or
(b) Multifamily dwelling structure that does not exceed two stories
in height and is composed of not more than four units in that structure;
and
2. The use of space within and surrounding the unit or structure,
Ê performed through the medium of plans, specifications, administration
of construction, preliminary studies, consultations, evaluations,
investigations, contract documents, and advice and direction.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467; 1995, 1696; 2001, 1785 )
“Registered
interior designer” means a person who provides some or all of the
services set forth in NRS 623.0225 and
holds a certificate of registration issued by the Board pursuant to
subsection 2 of NRS 623.180 .
(Added to NRS by 1995, 1694; A 1997, 202)
“Residential
designer” means any person who engages in the practice of residential
design and holds a certificate of registration issued by the Board.
(Added to NRS by 1973, 1695; A 1975, 580; 1981, 758; 1983, 1918;
1993, 2467)
“Responsible control”
means the amount of control over and detailed knowledge of the content of
a technical submission during its preparation that is ordinarily
exercised by a registered architect, registered interior designer or
residential designer, as applicable, when applying the normal standard of
professional care.
(Added to NRS by 2001, 1785 )
STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN
1. The State Board of Architecture, Interior Design and
Residential Design, consisting of nine members appointed by the Governor,
is hereby created.
2. The Governor shall appoint:
(a) Five members who are registered architects and have been in the
active practice of architecture in the State of Nevada for not less than
3 years preceding their appointment.
(b) One member who is a registered residential designer.
(c) Two members who are registered interior designers and who are
not registered architects or residential designers.
(d) One member who is a representative of the general public. This
member must not be:
(1) A registered architect, a registered interior designer
or a registered residential designer; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a registered architect, a registered interior designer or a
registered residential designer.
3. Members of the Board must have been residents of this State for
not less than 2 years preceding their appointment.
4. The Governor may, upon a bona fide complaint, and for good
cause shown, after 10 days’ notice to any member against whom charges may
be filed, and after opportunity for hearing, remove the member for
inefficiency, neglect of duty or malfeasance in office.
[3:220:1949; 1943 NCL § 537.3]—(NRS A 1975, 580; 1977, 1248; 1983,
1919; 1985, 982; 1995, 306, 1696; 1997, 202; 2001, 1785 ; 2003, 1187 )
1. Each member of the Board is entitled to receive from the money
of the Board:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
3. The Secretary and Treasurer of the Board is entitled to be paid
a salary out of the money of the Board in an amount to be determined by
the Board.
[5:220:1949; 1943 NCL § 537.5]—(NRS A 1963, 145, 818; 1969, 91;
1975, 302; 1979, 1896; 1981, 759, 1991; 1983, 1919; 1989, 1693)
The members of the Board shall,
within 30 days after appointment, take and subscribe to the oath of
office as prescribed by the laws of Nevada, and file the same with the
Secretary of State.
[6:220:1949; 1943 NCL § 537.6]
1. The Board may provide its own quarters, in which case it shall
bear the expenses incident to their maintenance.
2. The Board may maintain offices in as many localities in the
State as it finds necessary to carry out the provisions of this chapter.
[7:220:1949; 1943 NCL § 537.7]—(NRS A 1963, 145)
1. The Board shall appoint one of its members as Chairman, who
shall serve without additional pay, and one of its members as Secretary
and Treasurer. The Chairman and Secretary shall each serve 1 year.
2. Five members of the Board constitute a quorum, but action shall
not be deemed to have been taken upon any question unless there are at
least 4 votes in accord.
[8:220:1949; 1943 NCL § 537.8]—(NRS A 1963, 818; 1973, 1696; 1975,
581; 1979, 1896; 1985, 982; 1995, 306, 1697)
The Board shall adopt an official seal.
[10:220:1949; 1943 NCL § 537.10]—(NRS A 1959, 491)
The
Secretary of the Board shall keep a true and correct record of all
proceedings of the Board.
[11:220:1949; 1943 NCL § 537.11]—(NRS A 1959, 491)
1. Except as otherwise provided in this section, the records of
the Board which relate to an employee of the Board or an examination
given by the Board are confidential.
2. The records described in this section may be disclosed,
pursuant to procedures established by regulation of the Board, to a court
or an agency of the Federal Government, any state, any political
subdivision of this State or any other related professional board or
organization.
3. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
4. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
5. The Board may report to other related professional boards and
organizations an applicant’s score on an examination given by the Board.
6. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1985, 1454; A 1995, 1697; 2003, 3419 ; 2005, 752 )
1. The Attorney General is hereby designated as the legal adviser
of the Board.
2. Nothing in this section shall be construed so as to prevent the
Board from employing legal counsel as provided elsewhere in this chapter.
[38:220:1949; 1943 NCL § 537.38]—(NRS A 1959, 495)—(Substituted in
revision for NRS 623.380)
The Board
may employ an Executive Director, legal counsel, investigators,
professional consultants and other employees necessary to the discharge
of its duties, and may fix the compensation therefor.
(Added to NRS by 1959, 495; A 1963, 145; 1983, 1920; 1995, 1697)
1. In November of each year, the Board shall meet to organize and
elect officers as provided in this chapter.
2. The Board shall:
(a) Adopt regulations governing the examination of applicants for
certificates to practice architecture, interior design or residential
design in this State.
(b) Adopt such other regulations as may be necessary and proper,
not inconsistent with this chapter.
[12:220:1949; 1943 NCL § 537.12]—(NRS A 1975, 581; 1983, 1920;
1997, 88)
1. Subject to the limitations imposed by subsections 2, 3 and 4,
the Board shall adopt codes of ethics consistent with the constitution
and laws of this State binding upon persons registered pursuant to the
provisions of this chapter. Such codes of ethics must have as their only
purpose the maintenance of a high standard of integrity, dignity and
professional responsibility by members of the profession.
2. The Board shall prepare the code of ethics for architects.
Before the adoption of the code, a copy must be sent to every registered
architect in this State. Those architects may vote on each item in the
proposed code. The Board may adopt each item unless 25 percent or more of
the registered architects in this State vote against that item.
3. The Board shall prepare the code of ethics for residential
designers. Before the adoption of the code, a copy must be sent to every
registered residential designer in this State. Those residential
designers may vote on each item in the proposed code. The Board may adopt
each item unless 25 percent or more of the registered residential
designers in this State vote against that item.
4. The Board shall prepare the code of ethics for registered
interior designers. Before the adoption of the code, a copy must be sent
to each registered interior designer in this State. Those registered
interior designers may vote on each item in the proposed code. The Board
may adopt each item unless 25 percent or more of the registered interior
designers in this State vote against that item.
(Added to NRS by 1973, 1695; A 1975, 581; 1977, 319; 1995, 306,
1698)
1. The Board shall be charged with the duty of enforcing the
provisions of this chapter.
2. The Board may incur such expense as shall be necessary, but
such expense shall not exceed the revenue derived from the fees for
examination, registration and other sources as provided in this chapter.
[13:220:1949; 1943 NCL § 537.13]
In carrying out the provisions of this
chapter the Board may subpoena the attendance of witnesses or the
production of books, papers and documents.
(Added to NRS by 1973, 1696; A 1981, 97)
1. If any person refuses to obey a subpoena issued by the Board,
the Board may present a petition to the district court of the county in
which such person resides, setting forth the facts, and thereupon the
court, in a proper case, shall issue its subpoena to such person
requiring his attendance before the court to testify or to produce books,
papers and documents.
2. Any person failing or refusing to obey the subpoena of a
district court may be proceeded against in the same manner as for a
refusal to obey any other order of the court.
(Added to NRS by 1973, 1696)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 144)
Except as
otherwise provided in NRS 623.190 , all
fees provided for by the provisions of this chapter must be paid to and
receipted for by the Secretary of the Board, who shall deposit the fees
in banks or credit unions in the State of Nevada or institutions in this
State whose business is the making of investments. Fees so deposited may
be drawn against only for the purposes of this chapter.
[14:220:1949; 1943 NCL § 537.14]—(NRS A 1963, 145; 1983, 1920;
1997, 220; 1999, 1527 )
If the Board deposits the money collected from
the imposition of fines in the State Treasury for the credit of the State
General Fund, it may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1985, 1454)
All expenses incurred
by the Board must be paid on claims signed by:
1. Two members of the Board; or
2. The Executive Director and one other member of the Board.
[15:220:1949; 1943 NCL § 537.15]—(NRS A 1963, 145; 1979, 1896;
1995, 1698)
REGISTRATION
1. No person may practice:
(a) Architecture or use the title of architect;
(b) Residential design or use the title of residential designer; or
(c) As a registered interior designer or use the title of
registered interior designer,
Ê in this State without having a certificate of registration issued to
him pursuant to the provisions of this chapter.
2. Whenever the requirements for registration pursuant to the
provisions of this chapter have been fully complied with and fulfilled by
an applicant, the Board shall issue to the successful applicant a
certificate as a registered architect, registered interior designer or
residential designer. Each certificate of registration issued by the
Board expires on December 31 of each year. The Board shall, by
regulation, establish a schedule of prorated fees for a certificate of
registration that is issued for less than 1 year.
3. The certificate is synonymous with registration with a serial
number and seal. A person who is issued a certificate may practice
architecture or residential design or may practice as a registered
interior designer in this State, subject to the provisions of this
chapter and the regulations of the Board.
4. The unauthorized use or display of a certificate of
registration is unlawful.
[18:220:1949; 1943 NCL § 537.18]—(NRS A 1973, 1696; 1975, 582;
1981, 759; 1983, 1920; 1993, 2468; 1995, 1698; 1997, 202; 2001, 1786
)
1. A person who is not registered to practice architecture in this
State may hold himself out as an architect for the purposes of presenting
a proposal for professional services or his qualifications as an
architect in this State if:
(a) He is requested to do so by a client or a prospective client in
this State;
(b) He holds a certificate issued by the National Council of
Architectural Registration Boards; and
(c) He has been issued a temporary certificate of registration.
2. Upon receiving from a client or prospective client a request
that he present a proposal for professional services or his
qualifications as an architect, a person who is not registered to
practice architecture in this State shall immediately send written
notification to the client or prospective client explaining that he is
not registered as an architect in this State and that he is unable to
ensure that the Board will issue to him a certificate of registration to
practice architecture in this State.
3. To apply for a temporary certificate of registration, a person
must submit to the Board:
(a) An application, in such form and content as the Board may
prescribe;
(b) A copy of a letter from the client or prospective client
requesting that the person present a proposal for professional services
or his qualifications as an architect;
(c) The fee for a temporary certificate of registration required by
the Board pursuant to NRS 623.310 ; and
(d) A copy of the written notification required pursuant to
subsection 2.
4. The Board may issue a temporary certificate if at least one
member of the Board approves the application for that certificate.
5. The Board shall not issue more than three temporary
certificates of registration to the same person.
6. A temporary certificate of registration expires 90 days after
it has been issued.
(Added to NRS by 1993, 2467; A 1995, 1699)
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
1. Upon being issued a certificate of registration, each
registered architect, registered interior designer or residential
designer shall obtain a seal of the design authorized by the Board,
bearing the architect’s, registered interior designer’s or residential
designer’s name, the number of his certificate of registration, and the
legend “Registered Architect,” “Registered Interior Designer” or
“Residential Designer.”
2. A plan, specification, report or other document issued by a
registered architect, registered interior designer or residential
designer for official use must be signed, sealed and dated by him. The
Board may adopt regulations specifying the manner in which a registered
architect, registered interior designer or residential designer may
electronically transmit such a plan, specification, report or other
document.
3. It is unlawful for a person to stamp or seal any plan,
specification, report or other document with the seal after the
certificate of registration of the architect, registered interior
designer or residential designer, named therein, has expired or has been
suspended or revoked, unless the certificate has been renewed or reissued.
4. Any plan, drawing, specification or other document prepared by
a registered interior designer must contain a statement that the plan,
study, drawing, specification or other document was prepared by a
registered interior designer registered pursuant to the provisions of
this chapter.
(Added to NRS by 1959, 495; A 1963, 819; 1973, 1697; 1975, 582;
1979, 1896; 1983, 1920; 1995, 1699; 2001, 1786 )
1. Any person who is at least 21 years of age and of good moral
character and who meets the requirements for education and practical
training established by the Board by regulation may apply to the Board
for registration pursuant to the provisions of this section as an
architect.
2. Each year of study, up to and including 5 years of study,
satisfactorily completed in an architectural program accredited by the
National Architectural Accrediting Board, any program of architecture in
the State of Nevada or any architectural program approved by the State
Board of Architecture, Interior Design and Residential Design is
considered equivalent to 1 year of experience in architectural work for
the purpose of registration as an architect.
3. The Board shall, by regulation, establish standards for
examinations which must be consistent with standards employed by other
states. The Board may adopt the standards of the National Council of
Architectural Registration Boards, and the examination and grading
procedure of that organization, as they exist on the date of adoption.
Examinations may include tests in such technical and professional
subjects as are prescribed by the Board.
4. If the Board adopts the examination of the National Council of
Architectural Registration Boards, an applicant for registration as an
architect who wishes to:
(a) Take the examination must pay to the entity which administers
the examination the fee charged by that entity for taking the examination
and pay to the Board a processing fee as provided in NRS 623.310 .
(b) Retake any part or parts of the examination which he previously
failed must pay to the entity which administers the examination the fee
charged by that entity for retaking that part or parts.
5. Any person who is at least 21 years of age and of good moral
character and who has a total of 5 years of credit for education or
practical training, or a combination thereof which is acceptable to the
Board, may apply to the Board for registration as a residential designer.
The Board shall, by regulation, establish the amount of credit allowed
for education, practical training or a combination thereof.
6. The Board shall, by regulation, establish the standards for the
examination to qualify as a residential designer. The examination must
consist of at least the following subjects:
(a) Structural technology;
(b) Materials and methods of construction;
(c) Systems for environmental control; and
(d) Graphic design.
7. Before being issued a certificate of registration to engage in
the practice of architecture or residential design, each applicant must
personally appear before the Board to take an oath prescribed by the
Board.
8. Any application to the Board may be denied for any violation of
the provisions of this chapter.
[19:220:1949; 1943 NCL § 537.19]—(NRS A 1963, 819; 1973, 1697;
1975, 582; 1979, 1897; 1983, 1921; 1985, 1454; 1997, 221, 541; 2001, 1787
)
1. An applicant for a certificate of registration to practice as a
registered interior designer must be of good moral character and submit
to the Board:
(a) An application on a form provided by the Board;
(b) The fees required pursuant to NRS 623.310 ;
(c) Proof which is satisfactory to the Board that the applicant has
at least 2 years of experience in interior design;
(d) Proof which is satisfactory to the Board that the applicant has
successfully completed:
(1) A program of interior design accredited by the
Foundation for Interior Design Education Research or any successor in
interest to that organization;
(2) A substantially equivalent program of interior design
approved by the Board; or
(3) A program of interior design, other than a program
described in subparagraph (1) or (2), which culminated in the award of a
bachelor’s degree or higher degree more than 5 years before the date of
the application if the applicant possesses a combination of education and
experience in interior design deemed suitable by the Board;
(e) A certificate issued by the National Council for Interior
Design Qualification as proof that the applicant has passed the
examination prepared and administered by that organization; and
(f) All information required to complete the application.
2. The Board shall, by regulation, adopt the standards of the
National Council for Interior Design Qualification for the experience
required pursuant to the provisions of paragraph (c) of subsection 1 as
those standards exist on the date of the adoption of the regulation.
3. Before being issued a certificate of registration to practice
as a registered interior designer, each applicant must personally appear
before the Board to take an oath prescribed by the Board.
4. Any application submitted to the Board may be denied for any
violation of the provisions of this chapter.
(Added to NRS by 1995, 1695; A 1997, 203, 207, 541, 2108, 2209;
2001, 1788 ; 2005, 572 , 573 , 2698 , 2807 )
1. Upon complying with the requirements set forth in NRS 623.190
, and before receiving a certificate or
being registered as an architect, the applicant must pass an examination
adopted or otherwise prescribed by the Board, unless the applicant has
applied for the certificate and registration without examination as
provided in this chapter.
2. Upon complying with the applicable requirements of this chapter
and passing the examination, an applicant is entitled to be registered as
a residential designer and receive a certificate of registration. A
person may not be simultaneously registered as an architect and
residential designer.
3. Upon complying with the requirements set forth in NRS 623.192
, and before receiving a certificate or
being registered as a registered interior designer, the applicant must
pass an examination in such technical and professional courses as may be
established by the Board.
4. The Board shall give or provide for examinations at least once
each year, unless no applications for examinations are pending with the
Board.
[20:220:1949; 1943 NCL § 537.20]—(NRS A 1975, 583; 1979, 1897;
1983, 1922; 1995, 1700; 1997, 222, 2109; 2005, 2699 , 2807 )
If the applicant fails to pass a
written examination, as provided in NRS 623.200 , or any part thereof, he may retake the
examination or the part or parts failed in a subsequent examination upon
the payment of the appropriate fees, as provided in NRS 623.190 or 623.310 .
[32:220:1949; 1943 NCL § 537.32]—(NRS A 1959, 493; 1963, 821; 1973,
1699; 1997, 222)
The Board may, in lieu of
all examinations for a certificate of registration to practice
architecture or residential design, accept satisfactory evidence of
registration as an architect in another jurisdiction where the
qualifications required are equal to those required in this chapter at
the date of application. The Board may require, as satisfactory evidence
of that registration, a certificate of the National Council of
Architectural Registration Boards.
[21:220:1949; 1943 NCL § 537.21]—(NRS A 1959, 491; 1963, 820; 1973,
1698; 1983, 1922; 1995, 1700)
The Board may accept
satisfactory evidence of registration as an interior designer in another
jurisdiction where the qualifications required are equal to those
required in paragraphs (c), (d) and (e) of subsection 1 of NRS 623.192
at the date of application. Before the
Board may accept that evidence, the applicant must pass the examination
required pursuant to the provisions of subsection 3 of NRS 623.200 .
(Added to NRS by 2001, 1785 ; A 2005, 574 , 2699 )
1. The Board shall issue a certificate of registration as an
architect or a residential designer, upon payment of a registration fee
pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310 , to any applicant who:
(a) Complies with the provisions of NRS 623.190 and passes the examinations, or in lieu
thereof, brings himself within the provisions of NRS 623.210 ; and
(b) Submits all information required to complete an application for
a certificate of registration.
2. The Board shall issue a certificate of registration to practice
as a registered interior designer, upon payment of a registration fee
pursuant to the provisions of NRS 623.180 or 623.310 ,
to any applicant who:
(a) Complies with the provisions of NRS 623.192 and 623.200 ,
or in lieu thereof, brings himself within the provisions of NRS 623.215
; and
(b) Submits all information required to complete an application for
a certificate of registration.
3. Certificates of registration must include the full name of the
registrant, have a serial number and be signed by the Chairman and the
Secretary of the Board under seal of the Board. The issuance of a
certificate of registration by the Board is evidence that the person
named therein is entitled to all the rights and privileges of an
architect, registered interior designer or residential designer while the
certificate remains unsuspended, unrevoked and unexpired.
[22:220:1949; 1943 NCL § 537.22]—(NRS A 1963, 820; 1975, 583; 1983,
1922; 1995, 1700; 1997, 203, 2109; 1999, 520 ; 2001, 1788 ; 2005, 2699 , 2807 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a certificate of registration
to practice architecture or residential design or to practice as a
registered interior designer shall include the social security number of
the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a certificate of
registration to practice architecture or residential design or to
practice as a registered interior designer shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate of registration; or
(b) A separate form prescribed by the Board.
3. A certificate of registration may not be issued or renewed by
the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2107; A 2005, 2700 , 2807 )
[Effective on the date of the repeal of the federal law requiring
each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a certificate of
registration to practice architecture or residential design or to
practice as a registered interior designer shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate of registration; or
(b) A separate form prescribed by the Board.
3. A certificate of registration may not be issued or renewed by
the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2107; A 2005, 2700 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
The Secretary of the Board shall keep an official register of all
certificates of registration to practice:
1. Architecture or residential design; or
2. As a registered interior designer,
Ê issued and renewed pursuant to the provisions of this chapter. The
register must be properly indexed and open for public inspection and
information.
[23:220:1949; 1943 NCL § 537.23]—(NRS A 1959, 492; 1975, 583; 1995,
1700; 1997, 204)
1. Each architect, registered interior designer or residential
designer who wishes to renew a certificate of registration issued to him
pursuant to the provisions of this chapter must submit to the Board:
(a) The fees required for renewal pursuant to the provisions of
this chapter;
(b) Proof of compliance with all of the requirements established by
the Board for continuing education for the renewal of the certificate of
registration; and
(c) All information required to complete the renewal.
2. Upon receipt of the fees required for renewal, proof
satisfactory to the Board of compliance with all of the requirements
established by the Board for continuing education and all information
required to complete the renewal, the Secretary of the Board shall
execute and issue a certificate renewal card to the applicant, certifying
that his certificate of registration is renewed for 1 year after its date
of expiration. The certificate renewal card must bear a serial number and
the signature or a facsimile thereof of the Secretary of the Board or the
Executive Director and must bear the seal of the Board.
3. The renewal must be recorded, together with its serial number,
by the Secretary of the Board in the official register of the Board
pursuant to the provisions of NRS 623.230 .
[25:220:1949; 1943 NCL § 537.25]—(NRS A 1959, 492; 1963, 820; 1975,
584; 1981, 759; 1983, 1923; 1995, 1701; 1997, 86, 204, 2110; 2001, 1789
; 2005, 2701 , 2807 )
The
Board may, by regulation, require each architect, registered interior
designer or residential designer who holds a certificate of registration
pursuant to the provisions of this chapter to complete not more than 12
hours per year of continuing education as a condition to the renewal of
his certificate.
(Added to NRS by 1997, 86; A 1997, 208, 1409; 1999, 400 )
1. Except as otherwise provided in subsection 2, any holder of a
certificate of registration which has expired through failure to be
renewed may obtain a renewal of such certificate, at any time within 1
year from the date of its expiration, upon application to and with the
approval of the Board. The time for renewal of such expired certificate
may be extended at the discretion of the Board.
2. The Board may, by regulation, provide for the late renewal of a
certificate of registration which has not been renewed within 1 year
after the date of its expiration.
[26:220:1949; 1943 NCL § 537.26]—(NRS A 1959, 492; 1993, 2469)
DISCIPLINARY ACTION
1. The Board may place the holder of any certificate of
registration issued pursuant to the provisions of this chapter on
probation, publicly reprimand him, fine him not more than $10,000,
suspend or revoke his license, impose the costs of investigation and
prosecution upon him or take any combination of these disciplinary
actions for any of the following acts:
(a) The certificate was obtained by fraud or concealment of a
material fact.
(b) The holder of the certificate has been found guilty by the
Board or by a court of justice of any fraud, deceit or concealment of a
material fact in his professional practice, or has been convicted by a
court of justice of a crime involving moral turpitude.
(c) The holder of the certificate has been found guilty by the
Board of incompetency, negligence or gross negligence in:
(1) The practice of architecture or residential design; or
(2) His practice as a registered interior designer.
(d) The holder of a certificate has affixed his signature or seal
to plans, drawings, specifications or other instruments of service which
have not been prepared by him or in his office, or under his responsible
control, or has permitted the use of his name to assist any person who is
not a registered architect, registered interior designer or residential
designer to evade any provision of this chapter.
(e) The holder of a certificate has aided or abetted any
unauthorized person to practice:
(1) Architecture or residential design; or
(2) As a registered interior designer.
(f) The holder of the certificate has violated any law, regulation
or code of ethics pertaining to:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer.
(g) The holder of a certificate has failed to comply with an order
issued by the Board or has failed to cooperate with an investigation
conducted by the Board.
2. The conditions for probation imposed pursuant to the provisions
of subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to each person who suffered harm or loss.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
4. The Board shall not privately reprimand the holder of any
certificate of registration issued pursuant to this chapter.
5. As used in this section:
(a) “Gross negligence” means conduct which demonstrates a reckless
disregard of the consequences affecting the life or property of another
person.
(b) “Incompetency” means conduct which, in:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer,
Ê demonstrates a significant lack of ability, knowledge or fitness to
discharge a professional obligation.
(c) “Negligence” means a deviation from the normal standard of
professional care exercised generally by other members in:
(1) The profession of architecture or residential design; or
(2) Practice as a registered interior designer.
[27:220:1949; 1943 NCL § 537.27]—(NRS A 1959, 492; 1963, 821; 1973,
1698; 1975, 584; 1979, 1897; 1983, 1923; 1985, 1455; 1993, 883, 2469;
1995, 1701; 1997, 204; 2001, 1789 ; 2003, 3419 ; 2005, 752 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
[Expires by limitation 2 years after the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
certificate of registration to practice architecture or residential
design or to practice as a registered interior designer, the Board shall
deem the certificate of registration issued to that person to be
suspended at the end of the 30th day after the date on which the court
order was issued unless the Board receives a letter issued to the holder
of the certificate of registration by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the certificate of registration has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to
NRS 425.560 .
2. The Board shall reinstate a certificate of registration to
practice architecture or residential design or to practice as a
registered interior designer that has been suspended by a district court
pursuant to NRS 425.540 if the Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose certificate of registration was suspended stating that the person
whose certificate of registration was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2108; A 2005, 2807 )
If the registration of
an architect, registered interior designer or residential designer is
suspended or revoked, or he is given a written reprimand, notation of the
penalty must be entered in the register of architects, register of
registered interior designers or register of residential designers and in
his personnel file. Notification of the suspension, revocation or written
reprimand must be sent to the National Council of Architectural
Registration Boards or the National Council for Interior Design
Qualification, as appropriate.
[29:220:1949; 1943 NCL § 537.29]—(NRS A 1959, 493; 1973, 1699;
1975, 584; 1979, 1898; 1995, 1702; 2005, 754 )
If the Board revokes a certificate of registration, the
person whose certificate has been revoked may apply for reinstatement of
the certificate pursuant to the provisions of chapter 622A of NRS.
[30:220:1949; 1943 NCL § 537.30]—(NRS A 1993, 2470; 2005, 754
)
FEES
The Board shall, by regulation, adopt a fee
schedule which may not exceed the following:
For an examination for a
certificate................................................................
. $800.00
For rewriting an examination or a part or parts
failed.................................... 800.00
For a processing fee for an examination for registration as an
architect...... 50.00
For a certificate of
registration...............................................................
........... 125.00
For a temporary certificate of
registration....................................................... 500.00
For initial registration or renewal of
registration............................................ 300.00
For the late renewal of an expired certificate within 1 year after its
expiration 220.00
For the late renewal of a certificate which has been expired for more
than 1 year but not more than 3 years 300.00
For the reinstatement of a revoked
certificate................................................ 500.00
For change of
address....................................................................
........................ 5.00
For replacement of a
certificate................................................................
........... 30.00
For application
forms......................................................................
...................... 25.00
For photostatic copies, each
sheet......................................................................
0.25
[31:220:1949; 1943 NCL § 537.31]—(NRS A 1959, 493; 1963, 821; 1973,
1699; 1979, 1898; 1981, 760; 1983, 1924; 1985, 1456; 1993, 2470; 1997,
222; 2005, 754 )
MISCELLANEOUS PROVISIONS
1. The following persons are exempt from the provisions of this
chapter:
(a) A person engaging in architectural work as an employee of a
registered architect or residential designer, if the work does not
include responsible charge of design or supervision, or a consultant
retained by a registered architect or residential designer.
(b) A person hired by the Federal Government to practice
architecture on federal land.
(c) A professional engineer licensed pursuant to the provisions of
chapter 625 of NRS who designs buildings as
permitted by chapter 625 of NRS.
(d) A contractor licensed pursuant to the provisions of chapter 624
of NRS who provides his own drawings for his
own construction activities.
(e) Any person who prepares plans, drawings or specifications for:
(1) Buildings for his own private residential use;
(2) Farm or ranch buildings used as such; or
(3) Buildings owned by that person or his employer when an
architect, a registered interior designer, a residential designer or a
licensed professional engineer is also engaged by that person or his
employer for work on the same building.
(f) A person engaging in work related to interior design as an
employee of a registered interior designer, if the work does not include
responsible charge of interior design or supervision, or a consultant
retained by a registered interior designer.
(g) Any person who prepares drawings of the layout of materials or
furnishings used in interior design or provides assistance in the
selection of materials or furnishings used in interior design, including,
without limitation:
(1) Decorative accessories;
(2) Wallpaper, wallcoverings or paint;
(3) Linoleum, tile, carpeting or floor coverings;
(4) Draperies, blinds or window coverings;
(5) Lighting fixtures which are not part of a structure;
(6) Plumbing fixtures which are not a part of a structure;
and
(7) Furniture or equipment,
Ê if the preparation or implementation of those drawings or the
installation of those materials or furnishings is not regulated by any
building code or other law, ordinance, rule or regulation governing the
alteration or construction of a structure.
(h) Any person who holds a certificate of registration issued by
the State Fire Marshal to provide approved interior materials and
furnishings used in interior design to the extent authorized by the
certificate.
2. Any person exempted by the provisions of this section is not
thereby absolved from any civil or criminal liability that might
otherwise accrue.
3. The exemptions provided by this section do not entitle any
person who does not hold a certificate of registration to hold himself
out to the public or advertise himself as an architect, registered
interior designer or residential designer.
[33:220:1949; 1943 NCL § 537.33]—(NRS A 1959, 494; 1963, 821; 1973,
1699; 1975, 585; 1979, 1898; 1983, 1924; 1993, 2471; 1995, 1702; 1997,
1035; 1999, 2548 )
1. An architect who is registered pursuant to the provisions of
this chapter is not required to obtain a certificate of registration to
practice as a registered interior designer.
2. A residential designer who is registered pursuant to the
provisions of this chapter is not required to obtain a certificate of
registration to practice as a registered interior designer while engaged
in the practice of residential design.
(Added to NRS by 1995, 1694; A 1997, 206; 2001, 1790 )
In addition to any other immunity provided by the
provisions of chapter 622A of NRS:
1. Any person who furnishes information concerning an applicant
for registration or a holder of a certificate of registration in good
faith and without malicious intent is immune from any civil action for
furnishing that information.
2. The Board, any member, employee or committee of the Board,
counsel, investigator, expert, hearing officer, registrant or other
person who assists the Board in the investigation or prosecution of an
alleged violation of a provision of this chapter, a proceeding concerning
licensure or reissuance of a license or a criminal prosecution is immune
from any civil liability for:
(a) Any decision or action taken in good faith and without
malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning an applicant for
registration or a registrant to any other licensing board, national
association of registered boards, an agency of the Federal Government or
of the State, the Attorney General or any law enforcement agency.
(Added to NRS by 1995, 1695; A 2005, 754 )
1. Architects, registered interior designers, residential
designers, professional engineers and landscape architects may join or
form a partnership, corporation, limited-liability company or other
business organization or association with registrants and licensees
outside of their field of practice, or with persons who are not
registered or licensed, if control and two-thirds ownership of the
business organization or association is held by persons registered or
licensed in this State pursuant to the applicable provisions of this
chapter, chapter 623A or 625 of NRS.
2. If a partnership, corporation, limited-liability company or
other form of business organization or association wishes to practice
pursuant to the provisions of this section, it must:
(a) Demonstrate to the Board that it is in compliance with all
provisions of this section.
(b) Pay the fee for a certificate of registration pursuant to NRS
623.310 .
(c) Qualify to do business in this State.
(d) If it is a corporation, register with the Board and furnish to
the Board a complete list of all stockholders when it first files with
the Board and annually thereafter within 30 days after the annual meeting
of the stockholders of the corporation, showing the number of shares held
by each stockholder.
(e) If it is a partnership, limited-liability company or other form
of business organization or association, register with the Board and
furnish to the Board such information analogous to that required by
paragraph (d) as the Board may prescribe by regulation.
3. A partnership, corporation, limited-liability company or other
form of business organization or association practicing under the
provisions of this section may not perform, promote or advertise the
services of a registrant or licensee unless that registrant or licensee
is an owner of the business organization or association.
4. As used in this section, “control” means the direct or indirect
possession of the power to direct or cause the direction of the
management and policies of a business organization or association.
(Added to NRS by 1997, 1406)
1. Each office or place of business in this State of any
partnership, corporation, limited-liability company or other business
organization or association that engages in the practice of architecture
or residential design, or practice as a registered interior designer
pursuant to the provisions of NRS 623.349 must have an architect, registered interior
designer or residential designer who is a resident of this State and
holds a certificate of registration issued pursuant to this chapter
regularly working in the office or place of business and having
responsible control for the architectural work or work relating to
engaging in practice as a registered interior designer conducted in the
office or place of business. The provisions of this subsection do not
apply to partnerships, corporations, limited-liability companies or other
business organization or associations that engage in the practice of
architecture or residential design or practice as a registered interior
designer at offices established for construction administration.
2. A registrant or licensee practicing in a business organization
or association which holds a certificate issued pursuant to NRS 623.349
remains subject to NRS 89.220 .
3. If a person who is not registered or licensed, or a registrant
or licensee who is not an owner, and who is employed by or affiliated
with a business organization or association which holds a certificate
issued pursuant to NRS 623.349 is found
by the Board to have violated a provision of this chapter or a regulation
of the Board, the Board may hold the business organization or association
and the registrants and licensees who are owners responsible for the
violation.
[35:220:1949; 1943 NCL § 537.35]—(NRS A 1969, 706; 1975, 354; 1979,
1899; 1985, 585, 983; 1993, 2471; 1995, 1703; 1997, 1036, 1407; 2001,
1790 )
A residential designer shall not engage in
rendering services for any building or structure not specified in NRS
623.025 unless he does so under the
responsible control of a registered architect. In such cases, the
architect is the sole contracting party, has full responsibility for the
work performed by the residential designer, shall supervise any work
performed by the residential designer and shall file the agreement
between the residential designer and the architect with the Secretary of
the Board within 10 days after the execution of the agreement.
(Added to NRS by 1975, 579; A 1993, 2471; 2001, 1791 )
A
registered interior designer may collaborate in the completion of a
project for the alteration or construction of an interior area of a
structure designed for human habitation or occupancy with members of not
more than two of the following professions or disciplines of professional
engineering:
1. Architecture, as that profession is regulated pursuant to the
provisions of chapter 623 of NRS;
2. Electrical engineering, as that discipline is regulated
pursuant to the provisions of chapter 625 of
NRS;
3. Mechanical engineering, as that discipline is regulated
pursuant to the provisions of chapter 625 of
NRS; and
4. Structural engineering, as that discipline is regulated
pursuant to the provisions of chapter 625 of
NRS.
(Added to NRS by 1995, 1694)
No person, firm, copartnership, association or other
organization may bring or maintain any action in the courts of this State
for the collection of compensation for the performance of any act or
contract for which registration is required by this chapter without
alleging and proving that such plaintiff was duly registered under this
chapter at all times during the performance of such act or contract.
(Added to NRS by 1975, 580)
PROHIBITED ACTS; ENFORCEMENT; PENALTIES
1. It is unlawful for any person to:
(a) Hold himself out to the public or to solicit business as an
architect, registered interior designer or residential designer in this
State without having a certificate of registration or temporary
certificate issued by the Board. This paragraph does not prohibit a
person who is exempt, pursuant to NRS 623.330 , from the provisions of this chapter from
holding himself out to the public or soliciting business as an interior
designer.
(b) Advertise or put out any sign, card or other device which
indicates to the public that he is an architect, registered interior
designer or residential designer or that he is otherwise qualified to:
(1) Engage in the practice of architecture or residential
design; or
(2) Practice as a registered interior designer,
Ê without having a certificate of registration issued by the Board.
(c) Engage in the practice of architecture or residential design or
practice as a registered interior designer without a certificate of
registration issued by the Board.
(d) Violate any other provision of this chapter.
2. Any person who violates any of the provisions of subsection 1:
(a) For the first violation, is guilty of a misdemeanor and shall
be punished by a fine of not less than $500 nor more than $1,000, and may
be further punished by imprisonment in the county jail for not more than
6 months.
(b) For the second or any subsequent violation, is guilty of a
gross misdemeanor and shall be punished by a fine of not less than $1,000
nor more than $2,000, and may be further punished by imprisonment in the
county jail for not more than 1 year.
3. If any person has engaged or is about to engage in any acts or
practices which constitute or will constitute an offense against this
chapter, the district court of any county, on application of the Board,
may issue an injunction or other appropriate order restraining such
conduct. Proceedings pursuant to this subsection are governed by Rule 65
of the Nevada Rules of Civil Procedure, except that no bond or
undertaking is required in any action commenced by the Board.
[36:220:1949; 1943 NCL § 537.36]—(NRS A 1959, 494; 1967, 639; 1973,
1699; 1975, 353; 1979, 1489, 1899; 1993, 2472; 1995, 1704; 1997, 206)
In addition to any other civil penalty
provided by law, a person who violates any provision of this chapter or
any regulation adopted by the Board is subject to a civil penalty of not
more than $10,000 for each violation. Any such penalty must be imposed by
the Board at a hearing conducted pursuant to the provisions of chapter
622A of NRS.
(Added to NRS by 1995, 1695; A 1997, 88; 2005, 755 )
The
district attorney in each county shall prosecute by court action all
cases of violation of any of the provisions of this chapter occurring in
his jurisdiction as may be presented for such court action by the Board.
[37:220:1949; 1943 NCL § 537.37]
