USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 645D - INSPECTORS OF STRUCTURES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 645D.020
to 645D.080 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1792)
“Administrator” means the
Real Estate Administrator.
(Added to NRS by 1997, 1792)
“Certificate” means a
certificate issued to an inspector pursuant to this chapter.
(Added to NRS by 1997, 1792)
“Certified inspector”
means an inspector to whom a certificate has been issued pursuant to this
chapter.
(Added to NRS by 1997, 1792)
“Division” means the Real Estate
Division of the Department of Business and Industry.
(Added to NRS by 1997, 1792)
“Inspection” means a physical
examination of the mechanical, electrical or plumbing systems of a
structure or of the structural components of a structure. The term
includes any consultation regarding a structure that is represented to be
a certified inspection or any other title, word or other designation
intended to imply or designate that the consultation is a certified
inspection.
(Added to NRS by 1997, 1792)
“Inspection report”
means an analysis, opinion or conclusion, regarding the condition of a
structure, that is:
1. Provided after an inspection, in a written report, for or with
the expectation of receiving compensation for the report; and
2. Designed to describe and identify the inspected systems or
structural components of the structure, their physical condition, any
material defect and any recommendation for evaluation by another person.
(Added to NRS by 1997, 1792)
“Inspector” means a person who
examines any component of a structure and prepares or communicates an
inspection report. The term does not include any person who merely relays
an inspection report on behalf of the person who prepares it.
(Added to NRS by 1997, 1792)
The provisions of this
chapter do not apply to:
1. A federal or state employee, or an employee of a local
government, who prepares or communicates an inspection report as part of
his official duties, unless a certificate is required as a condition of
his employment.
2. A person appointed to evaluate real estate pursuant to chapter
152 of NRS or NRS 269.125 , except as required by the appointing judge.
3. A board of appraisers acting pursuant to NRS 269.135 .
4. A person licensed, certified or registered pursuant to chapter
645 , 645C or
684A of NRS while he is performing an act
within the scope of his license, certification or registration. For the
purposes of this subsection, a person licensed, certified or registered
pursuant to chapter 645C of NRS shall be
deemed to be acting within the scope of his license, certification or
registration while he is performing an appraisal prescribed by federal
law that requires a statement of visual condition and while he is
preparing or communicating a report of such an appraisal.
5. A person who makes an evaluation of an improvement as an
incidental part of his employment for which special compensation is not
provided, if that evaluation is only provided to his employer for
internal use within the place of his employment.
6. A person who provides an estimate of cost, repair or
replacement of any improvements upon real estate.
7. Any person who reviews plans, performs inspections, prepares
inspection reports or examines any component of a structure or
construction pursuant to NRS 278.570 or
278.575 .
8. An independent registered architect or a licensed professional
engineer while he is performing an inspection pursuant to NRS 116.4106
.
(Added to NRS by 1997, 1792; A 2001, 4 , 1253 ; 2005, 2633 )
ADMINISTRATION
1. The Division shall administer the provisions of this chapter
and may employ legal counsel, investigators and other professional
consultants necessary to discharge its duties pursuant to this chapter.
2. An employee of the Division shall not:
(a) Be employed by or have an interest in any business that
prepares inspection reports; or
(b) Act as an inspector or as an agent for an inspector.
(Added to NRS by 1997, 1793)
The Division shall adopt:
1. Regulations prescribing the education and experience required
to obtain a certificate.
2. Regulations prescribing a standard of practice and code of
ethics for certified inspectors. Such regulations must establish a degree
of care that must be exercised by a reasonably prudent certified
inspector.
3. Such other regulations as are necessary for the administration
of this chapter.
(Added to NRS by 1997, 1793)
1. The Administrator may adopt regulations which establish
procedures for the Division to conduct business electronically pursuant
to title 59 of NRS with persons who are regulated pursuant to this
chapter and with any other persons with whom the Division conducts
business. The regulations may include, without limitation, the
establishment of fees to pay the costs of conducting business
electronically with the Division.
2. In addition to the process authorized by NRS 719.280 , if the Division is conducting business
electronically with a person and a law requires a signature or record to
be notarized, acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the
legal requirement.
3. The Division may refuse to conduct business electronically with
a person who has failed to pay money which the person owes to the
Division.
(Added to NRS by 2003, 1299 )
1. The Division shall maintain a record of:
(a) Persons from whom it receives applications for a certificate;
(b) Investigations conducted by it that result in the initiation of
formal disciplinary proceedings;
(c) Formal disciplinary proceedings; and
(d) Rulings or decisions upon complaints filed with it.
2. Except as otherwise provided in this section and NRS 645D.135
, records kept in the office of the
Division pursuant to this chapter are open to the public for inspection
pursuant to regulations adopted by the Division. The Division shall keep
confidential, unless otherwise ordered by a court, the criminal and
financial records of an inspector or of an applicant for a certificate.
(Added to NRS by 1997, 1793; A 2003, 3472 )
1. Except as otherwise provided in this section, a complaint filed
with the Division, 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 are confidential.
2. The complaint or other document filed by the Division to
initiate disciplinary action and all documents and information considered
by the Division when determining whether to impose discipline are public
records.
(Added to NRS by 2003, 3471 )
1. All fees, penalties and other charges received by the Division
pursuant to this chapter must be deposited with the State Treasurer for
credit to the State General Fund.
2. Money for the support of the Division in carrying out the
provisions of this chapter must be provided by direct legislative
appropriation and be paid out on claims as other claims against the State
are paid.
(Added to NRS by 1997, 1793)
1. The Attorney General shall render to the Division opinions upon
questions of law relating to the construction or interpretation of this
chapter, or arising in the administration thereof, submitted to him by
the Division.
2. The Attorney General shall act as the attorney for the Division
in all actions and proceedings brought against or by the Division
pursuant to any of the provisions of this chapter.
(Added to NRS by 1997, 1794)
CERTIFICATES
1. Any person who, in this state, engages in the business of, acts
in the capacity of, or advertises or assumes to act as an inspector
without first obtaining a certificate pursuant to this chapter is guilty
of a misdemeanor.
2. The Division may file a complaint in any court of competent
jurisdiction for a violation of this section and assist in presenting the
law or facts at any hearing upon the complaint.
3. At the request of the Administrator, the Attorney General shall
prosecute such a violation. Unless the violation is prosecuted by the
Attorney General, the district attorney shall prosecute a violation that
occurs in his county.
(Added to NRS by 1997, 1794)
An
application for a certificate must be in writing upon a form prepared and
furnished by the Division. The application must include the following
information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and
county, at which the applicant intends to maintain an office to conduct
business as an inspector.
3. The business, occupation or other employment of the applicant
during the 5 years immediately preceding the date of the application, and
the location thereof.
4. The applicant’s education and experience to qualify for a
certificate.
5. Whether the applicant has ever been convicted of, is under
indictment for, or has entered a plea of guilty or nolo contendere to:
(a) A felony, and if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, conspiracy to defraud or any crime involving moral
turpitude.
6. If the applicant is a member of a partnership or association or
is an officer of a corporation, the name and address of the principal
office of the partnership, association or corporation.
7. Any other information relating to the qualifications or
background of the applicant that the Division requires.
8. All other information required to complete the application.
(Added to NRS by 1997, 1794; A 1999, 1220 ; 2005, 2789 , 2808 )
1. Each application for a certificate must be accompanied by the
fee for the certificate and the fee to pay the costs of an investigation
of the applicant’s background.
2. Each applicant must, as part of his application and at his own
expense:
(a) Arrange to have a complete set of his fingerprints taken by a
law enforcement agency or other authorized entity acceptable to the
Division; and
(b) Submit to the Division:
(1) A completed fingerprint card and written permission
authorizing the Division to submit the applicant’s fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for a report on the applicant’s
background and to such other law enforcement agencies as the Division
deems necessary; or
(2) Written verification, on a form prescribed by the
Division, stating that the fingerprints of the applicant were taken and
directly forwarded electronically or by another means to the Central
Repository and that the applicant has given written permission to the law
enforcement agency or other authorized entity taking the fingerprints to
submit the fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation for a report on the applicant’s
background and to such other law enforcement agencies as the Division
deems necessary.
3. The Division may:
(a) Require more than one complete set of fingerprints;
(b) Unless the applicant’s fingerprints are directly forwarded
pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit
those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement
agencies as the Division deems necessary; and
(c) Request from each such agency any information regarding the
applicant’s background that the Division deems necessary.
(Added to NRS by 1997, 1794; A 2003, 1300 , 2864 ; 2005, 1296 )
1. The Administrator shall require each applicant for an original
certificate and each applicant for renewal of a certificate to submit
proof that he or his employer holds a policy of insurance covering:
(a) Liability for errors or omissions in an amount of not less than
$100,000; and
(b) General liability in an amount of not less than $100,000.
2. Each certified inspector or his employer shall maintain a
policy of insurance that complies with the requirements of subsection 1.
(Added to NRS by 1997, 1795)
[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) A person who applies for the issuance of a certificate shall
include the social security number of the applicant in the application
submitted to the Administrator.
(b) A person who applies for the issuance or renewal of a
certificate shall submit to the Administrator 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 Administrator 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; or
(b) A separate form prescribed by the Administrator.
3. A certificate may not be issued or renewed by the Administrator
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 Administrator
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 1999, 1219 ; A 2005, 2789 , 2808 )
[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, a person who applies for the issuance or renewal of a
certificate shall submit to the Administrator 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 Administrator 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; or
(b) A separate form prescribed by the Administrator.
3. A certificate may not be issued or renewed by the Administrator
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 Administrator
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 1999, 1219 ; A 2005, 2789 , 2790 , 2808 , 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)
1. The Administrator shall issue a certificate to any person who:
(a) Is of good moral character, honesty and integrity;
(b) Has the education and experience prescribed in the regulations
adopted pursuant to NRS 645D.120 ;
(c) Has submitted proof that he or his employer holds a policy of
insurance that complies with the requirements of subsection 1 of NRS
645D.190 ; and
(d) Has submitted all information required to complete an
application for a certificate.
2. The Administrator may deny an application for a certificate to
any person who:
(a) Has been convicted of, or entered a plea of guilty or nolo
contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude;
(b) Makes a false statement of a material fact on his application;
(c) Has had a certificate suspended or revoked pursuant to this
chapter within the 10 years immediately preceding the date of his
application; or
(d) Has not submitted proof that he or his employer holds a policy
of insurance that complies with the requirements of subsection 1 of NRS
645D.190 .
(Added to NRS by 1997, 1795; A 1999, 1220 ; 2005, 2790 , 2808 )
1. If an application for a certificate is denied:
(a) The Division shall notify the applicant within 15 days after
its decision; and
(b) The applicant may not reapply until he petitions the Division
for leave to file another application. The Division may grant or deny
that leave in its sole discretion.
2. If the applicant, within 30 days after receipt of the notice
denying his application, files a written request containing allegations
that, if true, qualify the applicant for a certificate, the Administrator
shall set the matter for a hearing before a hearing officer of the
Division to be conducted within 60 days after receipt of the applicant’s
request. The decision of the hearing officer is a final decision for the
purposes of judicial review.
(Added to NRS by 1997, 1795)
The Division, upon the discovery of
an error in the issuance of a certificate that is related to the
qualifications or fitness of the holder thereof, may invalidate the
certificate upon written notice to the holder. The holder shall surrender
the certificate to the Division within 20 days after the notice is sent
by the Division. A person whose certificate is invalidated pursuant to
this section, and who has surrendered his certificate, may request a
hearing on the matter in the same manner as for the denial of an
application pursuant to NRS 645D.210 .
(Added to NRS by 1997, 1795)
1. The Division shall issue a certificate to each eligible person
in the form and size prescribed by the Division. A certificate must:
(a) Indicate the name and address of the inspector and the location
of each place where he transacts business as an inspector; and
(b) Contain any additional matter prescribed by the Division.
2. A certificate is valid for 2 years after the first day of the
first calendar month immediately following the date it is issued.
3. If an inspector fails to apply for the renewal of his
certificate and pay the fee for renewal before the certificate expires,
and applies for renewal:
(a) Not later than 1 year after the date of expiration, he must pay
a fee equal to 150 percent of the amount otherwise required for renewal.
(b) Later than 1 year after the date of expiration, he must apply
in the same manner as for an original certificate.
(Added to NRS by 1997, 1796)
1. The following fees must be charged and collected by the
Division:
For each application for a
certificate................................................................
... $100
For the issuance or renewal of a
certificate.......................................................... 250
For each penalty for a late renewal of a
certificate.............................................. 125
For each change of name, address or
association................................................ 20
For each duplicate certificate where the original is lost or destroyed
and an affidavit is made thereof 20
For each reinstatement to active status of an inactive
certificate...................... 20
For each annual approval of a course of instruction offered in
preparation for an original certificate 100
For each original accreditation of a course of continuing
education.............. 100
For each renewal of accreditation of a course of continuing
education........... 50
2. The Division shall adopt regulations which establish the fees
to be charged and collected by the Division to pay the costs of:
(a) Any examination for a certificate, including any costs which
are necessary for the administration of such an examination.
(b) Any investigation of a person’s background.
(Added to NRS by 1997, 1796; A 2003, 1300 )
ENFORCEMENT
The expiration or revocation of a certificate by operation of law or by
order or decision of a hearing officer or court of competent
jurisdiction, or the voluntary surrender of a certificate by a certified
inspector does not:
1. Prohibit the Division from initiating or continuing an
investigation of, or action or disciplinary proceeding against, the
certified inspector as authorized pursuant to the provisions of this
chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty
authorized pursuant to the provisions of this chapter or the regulations
adopted pursuant thereto against the certified inspector.
(Added to NRS by 2001, 527 )
1. Grounds for disciplinary action against a certified inspector
are:
(a) Unprofessional conduct;
(b) Professional incompetence; and
(c) A criminal conviction for a felony or any offense involving
moral turpitude.
2. If grounds for disciplinary action against a certified
inspector exist, the Division may, after providing the inspector with
notice and an opportunity for a hearing, do one or more of the following:
(a) Revoke or suspend his certificate.
(b) Place conditions upon his certificate or upon the reissuance of
a certificate revoked pursuant to this section.
(c) Deny the renewal of his certificate.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate is revoked by the Division, another
certificate must not be issued to the same inspector for at least 1 year
after the date of the revocation, or at any time thereafter except in the
sole discretion of the Administrator, and then only if the inspector
satisfies the requirements for an original certificate.
4. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1997, 1796; A 2001, 527 ; 2003, 3472 )
In addition to any other remedy or penalty, the Administrator
may:
1. Refuse to issue a certificate to a person who has failed to pay
money which the person owes to the Division.
2. Refuse to renew, or suspend or revoke, the certificate of a
person who has failed to pay money which the person owes to the Division.
(Added to NRS by 2003, 1299 )
[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 Administrator 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 certified inspector, the
Administrator shall deem the certificate 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 Administrator receives a letter issued to the
certified inspector by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the certified inspector has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 .
2. The Administrator shall reinstate a certificate that has been
suspended by a district court pursuant to NRS 425.540 if the Administrator receives a letter issued
by the district attorney or other public agency pursuant to NRS 425.550
to the person whose certificate was
suspended stating that the person whose certificate was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1999, 1219 ; A 2005, 2808 )
A
certified inspector is guilty of unprofessional conduct if he:
1. Fails to disclose to any person with whom he is dealing any
material fact or other information he knows, or in the exercise of
reasonable care and diligence should know, concerning any improvement he
inspects, including any interest he has in the improvement or the real
estate to which it is affixed;
2. Knowingly communicates a false or fraudulent inspection report
to any interested person or otherwise engages in any deceitful,
fraudulent or dishonest conduct;
3. Before obtaining his certificate, engaged in any conduct of
which the Division is not aware that would be a ground for the denial of
a certificate;
4. Makes a false statement of material fact on his application for
a certificate; or
5. Performs any repairs for compensation upon any improvement for
which he has prepared an inspection report.
(Added to NRS by 1997, 1796)
1. Whenever the Division believes from evidence satisfactory to it
that any person has violated or is about to violate a provision of this
chapter, or a provision of any regulation, ruling or decision of the
Division, it may bring an action, in the name of the Division, in the
district court of the State of Nevada in and for the county where the
person resides or, if the person resides outside the State of Nevada, in
any court of competent jurisdiction within or outside the State of
Nevada, against the person to enjoin him from engaging in or continuing
the violation, or from doing any act or acts in furtherance of the
violation.
2. If the action is brought in a district court of the State of
Nevada, an order or judgment may be entered, if proper, awarding a
temporary restraining order, preliminary injunction or final injunction.
A preliminary injunction or temporary restraining order must not be
granted without at least 5 days’ notice to the opposite party.
(Added to NRS by 1997, 1797)
1. In addition to any other remedy or penalty, the Administrator
may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a
certificate or any type of authorization is required pursuant to this
chapter, or any regulation adopted pursuant thereto, if the person does
not hold the required certificate or has not been given the required
authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against a
person pursuant to this section, the amount of the administrative fine
may not exceed the amount of any gain or economic benefit that the person
derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative
fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm that
the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the
person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator deems
to be relevant.
4. Before the Administrator may impose the administrative fine,
the Administrator must provide the person with notice and an opportunity
to be heard.
5. The person is entitled to judicial review of the decision of
the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with the
provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while
engaging or offering to engage in those activities.
(Added to NRS by 2003, 1299 )
UNLAWFUL ACTS
1. A person who obtains or attempts to obtain a certificate by
means of intentional misrepresentation, deceit or fraud is guilty of a
category E felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the court
may impose a fine of not more than $10,000.
2. A person who:
(a) Holds himself out as a certified inspector;
(b) Uses in connection with his name the words “licensed,”
“registered,” “certified” or any other title, word, letter or other
designation intended to imply or designate that he is a certified
inspector; or
(c) Describes or refers to any inspection report prepared by him as
“certified” or “licensed” in this state, without first obtaining a
certificate as provided in this chapter,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1997, 1797)
