Nev. Admin. Code § 455C.616

Current through December 31, 2024
Section 455C.616 - Authority of Enforcement Section and Mechanical Compliance Section
1. The Mechanical Compliance Section may take any action described in subsection 2 if it determines that:
(a) A holder of an operating permit for a boiler or pressure vessel has violated any of the provisions set forth in NAC 455C.020 to 455C.300, inclusive, and section 1 of LCB File No. R034-21.
(b) A holder of an operating permit for an elevator has violated any of the provisions set forth in NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20;
(c) A holder of a certificate to work as a special inspector has violated any of the provisions set forth in NAC 455C.020 to 455C.300, inclusive, and section 1 of LCB File No. R034-21, or 512.500 to 512.585, inclusive, or section 6, 7 or 8;
(d) A holder of a certificate to work as an elevator mechanic has violated any of the provisions set forth in NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20;
(e) A holder of a certificate of competency or a certificate of accreditation as an authorized inspection agency has violated any of the provisions set forth in NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20;
(f) A holder of a work card as an elevator mechanic apprentice or elevator mechanic helper has violated any of the provisions set forth in NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20;
(g) A licensed contractor or licensed elevator contractor has violated any of the provisions of NAC 455C.020 to 455C.300, inclusive, and section 1 of LCB File No. R034-21, or NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20;
(h) The owner of a boiler, elevator or pressure vessel has violated any of the provisions set forth in NAC 455C.020 to 455C.530, inclusive, and section 1 of LCB File No. R045-20 and section 1 of LCB File No. R034-21; or
(i) A person who installs, maintains, relocates, improves, alters or repairs an elevator within this State and who is not certified as an elevator mechanic pursuant to NAC 455C.460, has violated any of the provisions set forth in NAC 455C.400 to 455C.530, inclusive, and section 1 of LCB File No. R045-20.
2. After determining a violation described in subsection 1 has occurred, the Mechanical Compliance Section may:
(a) Issue a notice of violation which requires the holder of the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card or the owner of a boiler, elevator or pressure vessel to correct the violation;
(b) Impose an administrative fine of not more than $5,000 and revoke the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card, as applicable;
(c) For a second violation within a period of 24 months:
(1) Impose an administrative fine of not more than $10,000;
(2) Revoke the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card, as applicable; and
(3) Require the holder of the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card or the owner of a boiler, elevator or pressure vessel to fulfill certain training or educational requirements;
(d) For a third violation within a period of 24 months:
(1) Impose an administrative fine of not more than $25,000;
(2) Revoke the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card, as applicable; and
(3) Require the holder of the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card or the owner of a boiler, elevator or pressure vessel to fulfill certain training or educational requirements; or
(e) For a fourth or subsequent violation within a period of 24 months:
(1) Impose an administrative fine of not more than $50,000;
(2) Revoke the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card, as applicable; and
(3) Require the holder of the operating permit, certificate, certificate of competency, certificate of accreditation as an authorized inspection agency or work card or the owner of a boiler, elevator or pressure vessel to fulfill certain training or educational requirements.
3. Each 30-calendar-day period during which a violation of subsection 1 continues constitutes a separate violation for which the Mechanical Compliance Section may impose an additional administrative fine of not more than $5,000.

Nev. Admin. Code § 455C.616

Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004; A by R077-14, 1-16-2015; A by R045-20A, eff. 10/26/2020; A by R034-21A, eff. 7/26/2023; A by R026-23A, eff. 9/16/2024

NRS 455C.110