NRS 461.260 Enforcementand inspection of installation; zoning and other restrictive powers of localauthority reserved; certificate of occupancy issued by Division; inspection of Nevada manufacturers.

NRS 461.270 Penalties.

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NRS 461.020 Applicabilityof chapter. Except as otherwise provided in NRS 461.175, the provisions of this chapterapply to all factory-built housing manufactured after July 1, 1971 and to allother manufactured buildings and modular components manufactured after July 1,1973.

(Added to NRS by 1971, 1311; A 1973, 454; 1991, 1169)

NRS 461.030 Declarationof legislative intent.

1. The Legislature hereby finds and declares that inan effort to meet the housing needs within the State of Nevada, the privatehousing and construction industry has developed mass production techniqueswhich can substantially reduce housing construction costs, and that the massproduction of housing, consisting primarily of factory manufacture of dwellingunits or habitable rooms thereof, presents unique problems with respect to theestablishment of uniform health and safety standards and inspection procedures.

2. The Legislature further finds and declares that byminimizing the problems of standards and inspection procedures, it isdemonstrating its intention to encourage the reduction of housing constructioncosts and to make housing and home ownership more feasible for all residents ofthe State.

3. The Legislature further finds that industrializedtypes of construction have expanded to include office buildings, schools,nursing homes, motels and buildings other than dwellings. Modular buildings ormodular components, or both, arrive at the construction site in a closed panelcondition, making inspections by the local enforcement agency difficult. Thischapter is intended to provide means for determining whether these manufacturedbuildings or components, or both, meet with state and local adopted codestandards and specifications and also to encourage the advantages of newbuilding construction technology.

(Added to NRS by 1971, 1311; A 1973, 455)

NRS 461.040 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS461.050 to 461.160, inclusive, havethe meanings ascribed to them in such sections.

(Added to NRS by 1971, 1311; A 1973, 455; 1979, 1219;2001, 1727)

NRS 461.050 Approvaldefined. Approval means conforming to therequirements, and obtaining the approval, of the Division.

(Added to NRS by 1971, 1311; A 1979, 1219)

NRS 461.065 Divisiondefined. Division means the ManufacturedHousing Division of the Department of Business and Industry.

(Added to NRS by 1979, 1219; A 1993, 1635)

NRS 461.070 Dwellingunit defined. Dwelling unit means one ormore habitable rooms which are occupied or which are intended or designed to beoccupied by one family with facilities for living, sleeping, cooking andeating.

(Added to NRS by 1971, 1311)

NRS 461.080 Factory-builthousing defined. Factory-built housingmeans a residential building, dwelling unit or habitable room thereof which iseither wholly manufactured or is in substantial part manufactured at anoff-site location to be wholly or partially assembled on-site in accordancewith regulations adopted by the Division pursuant to NRS 461.170, but does not include a mobilehome or recreational park trailer.

(Added to NRS by 1971, 1311; A 1979, 1219; 2001, 1727)

NRS 461.090 Firstuser defined. First user means the person,firm or corporation that initially installs factory-built housing ormanufactured buildings within this State. A person who subsequently purchases abuilding which wholly or partially consists of factory-built housing ormanufactured buildings is not a first user within the meaning of thisdefinition.

(Added to NRS by 1971, 1312; A 1973, 455)

NRS 461.100 Habitableroom defined. Habitable room means any roommeeting the requirements of this chapter designed for sleeping, living, cookingor dining purposes, excluding such enclosed places as closets, pantries,connecting corridors, unfinished attics, laundries, foyers, storage spaces,cellars, utility rooms and similar spaces.

(Added to NRS by 1971, 1312)

NRS 461.110 Installationdefined. Installation means the assembly ofany factory-built housing or any manufactured building on site and the processof affixing such factory-built housing or manufactured building to land, afoundation, footings or an existing building.

(Added to NRS by 1971, 1312; A 1973, 455)

NRS 461.120 Localenforcement agency defined. Localenforcement agency means any county or incorporated city or town, including Carson City, in which factory-built housing or any manufactured building is installed.

(Added to NRS by 1971, 1312; A 1973, 455)

NRS 461.130 Manufactureand fabricate defined. Manufacture orfabricate is the process of making, fabricating, constructing, forming orassembling a product from raw, unfinished or semifinished materials.

(Added to NRS by 1971, 1312; A 1973, 455)

NRS 461.132 Manufacturedbuilding defined. Manufactured buildingincludes any modular building or any building constructed using one or more modularcomponents, but does not include a recreational park trailer.

(Added to NRS by 1973, 454; A 2001, 1727)

NRS 461.140 Mobile home defined. Mobile home means a vehicularstructure which is built on a chassis or frame, is designed to be used with orwithout a permanent foundation, is capable of being drawn by a motor vehicleand is used as a dwelling when connected to utilities.

(Added to NRS by 1971, 1312)

NRS 461.143 Modularbuilding defined. Modular building means anoffice, apartment, school, motel or other building, whether it is a totalbuilding or a room, which is either wholly manufactured or is in substantialpart manufactured at an off-site location to be wholly or partially assembledon-site in accordance with regulations adopted by the Division pursuant to NRS 461.170, but does not include a mobilehome or recreational park trailer.

(Added to NRS by 1973, 454; A 1979, 1219; 2001, 1728)

NRS 461.145 Modularcomponent defined. Modular component meansany closed unit of construction which bears or requires any electrical, plumbing,heating, air-conditioning or any other mechanical connection.

(Added to NRS by 1973, 454)

NRS 461.147 Recreationalpark trailer defined. Recreational parktrailer has the meaning ascribed to it in NRS482.1005.

(Added to NRS by 2001, 1727)

NRS 461.150 Residentialbuilding defined. Residential buildingmeans any structure designed solely for dwelling occupancy, containing one ormore dwelling units and structures accessory thereto.

(Added to NRS by 1971, 1312)

NRS 461.160 Sitedefined. Site is the entire tract,subdivision or parcel of land on which factory-built housing or anymanufactured building is installed.

(Added to NRS by 1971, 1312; A 1973, 455)

NRS 461.170 Adoptionof building and construction codes and standards; regulations of Division;local requirements.

1. Unless the Division has adopted a more recentedition pursuant to paragraph (b) of subsection 2, the following codes andstandards, in the form most recently published before January 1, 1999, arehereby adopted for the purposes of this chapter:

(a) The Uniform Housing Code;

(b) The Uniform Building Code, as adopted by theInternational Conference of Building Officials;

(d) The Uniform Mechanical Code, as adopted by theInternational Conference of Building Officials and the InternationalAssociation of Plumbing and Mechanical Officials;

(e) The National Electrical Code, as adopted by theNational Fire Protection Association;

(f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials;

(g) The Uniform Building Code Standards, as adopted bythe International Conference of Building Officials; and

(h) The American National Standards Institute StandardNo. A117.1.

2. The Division may:

(a) Adopt regulations necessary to carry out theprovisions of this chapter and the codes and standards adopted by this section.

(b) Adopt, by regulation, the most recent edition ofthe codes and standards specified in subsection 1.

3. If approved in writing by the Division, a localenforcement agency may impose requirements that are more stringent than thecodes, standards and regulations adopted under this section.

(Added to NRS by 1971, 1312; A 1979, 1220; 1985, 373;1993, 232; 1999, 928)

NRS 461.175 Minimalstandards for plumbing fixtures.

1. Except as otherwise provided in subsection 2, eachmanufactured building on which construction begins on or after March 1, 1992,must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installedunless its consumption of water does not exceed 3.5 gallons of water per flush.

(b) A shower apparatus which uses more than 3 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 3 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 3 gallons per minute.

2. Each manufactured building on which constructionbegins on or after March 1, 1993, must incorporate the following minimalstandards for plumbing fixtures:

(a) A toilet which uses water must not be installedunless its consumption of water does not exceed 1.6 gallons of water per flush.

(b) A shower apparatus which uses more than 2.5 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 2.5 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 2.5 gallons per minute.

(Added to NRS by 1991, 1169)

NRS 461.180 Scheduleof fees. The Division shall establish aschedule of fees to cover the costs incurred by the Division in theadministration and enforcement of the provisions of this chapter and theregulations established by the Division.

(Added to NRS by 1971, 1313; A 1979, 1220)

NRS 461.183 Fundfor Manufactured Housing: Deposit of fees; use. Exceptas otherwise provided in NRS 489.265,all fees collected pursuant to this chapter must be deposited in the StateTreasury for credit to the Fund for Manufactured Housing. All expenses for theenforcement of this chapter must be paid from the Fund.

(Added to NRS by 1981, 1195; A 1985, 295; 1995, 956)

NRS 461.190 Insigniaof approval.

1. Factory-built housing manufactured after theeffective date of the regulations for that housing adopted pursuant to thischapter which is sold or offered for sale to a first user within this Statemust bear an insigne of approval issued by the Division.

2. A manufactured building, fabricated after theeffective date of the regulations for that building adopted pursuant to thischapter, which is sold or offered for sale to a first user within this Statemust bear an insigne of approval issued by the Division.

3. The Division may issue insignia, medallions,symbols or tags issued by the appropriate certifying authority designated bythe uniform codes and standards adopted pursuant to NRS 461.170 to signify compliance with allthe provisions of NRS 461.170.

4. The Division may provide by regulation for theapproval of any factory-built housing or manufactured building which has beeninspected and approved by the appropriate certifying authorities of anotherjurisdiction which has adopted all the codes and standards specified in NRS 461.170 without additional inspectionor issuance of additional insignia, medallions, symbols or tags by theDivision.

(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1220;1999, 929)

NRS 461.210 Approvedbuilding may not be modified without prior approval from Division. No factory-built housing or manufactured building bearinga division insigne of approval pursuant to NRS461.190 may be in any way modified before or during installation unlessapproval is first obtained from the Division.

(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)

NRS 461.220 Powerof Division to require tests or proof of compliance. Wheneverthere is definite evidence that any material, appliance, device, arrangement,system or method of construction does not conform to the standards set by theregulations of the Division, it may require tests or proof of compliance to bemade at the expense of the manufacturer or his agent, subject to a right ofappeal.

(Added to NRS by 1971, 1313; A 1973, 75; 1979, 1221)

NRS 461.230 Appealto be heard by local agency or Division; regulations concerning appeal.

1. The Division shall hear appeals brought by anyperson regarding the application to that person of any regulation of theDivision adopted pursuant to this chapter. Any appeal must first be submittedto the local enforcement agency, if any, delegated by the Division to enforcethe provisions of this chapter. The Division may not hear any appeal regardingany local ordinance, rule or regulation related to the installation offactory-built housing or manufactured buildings.

2. The Division may adopt regulations pertaining tothe hearing of appeals under the provisions of this section.

(Added to NRS by 1971, 1313; A 1973, 456; 1979, 1221)

NRS 461.240 Enforcement:Duties of Division; delegation of authority.

1. Except as otherwise provided in subsection 2 and NRS 461.260, the Division shall enforceevery provision of this chapter and the regulations adopted pursuant to theprovisions of this chapter.

2. The Division may delegate its enforcement authorityto local government agencies by written contract.

(Added to NRS by 1971, 1313; A 1979, 1221; 1999, 929)

NRS 461.250 Enforcement:Powers of Division.

1. The Administrator of the Division or any personauthorized by him may institute any appropriate action to enforce this chapter,or to prevent, restrain, correct or abate any violation of this chapter.

2. In order properly to carry out the provisions ofthis chapter, the Administrator of the Division or any person authorized by himmay:

(a) Conduct hearings;

(b) Issue subpoenas; and

(Added to NRS by 1971, 1314; A 1979, 1221)

NRS 461.260 Enforcementand inspection of installation; zoning and other restrictive powers of localauthority reserved; certificate of occupancy issued by Division; inspection ofNevada manufacturers.

1. In a county whose population is 400,000 or more,local enforcement agencies shall enforce and inspect the installation offactory-built housing and manufactured buildings.

2. In a countywhose population is less than 400,000, local enforcement agencies may enforceand inspect the installation of factory-built housing and manufacturedbuildings. If a local enforcement agency fails or refuses to enforce andinspect the installation of any factory-built housing or manufactured buildingin its jurisdiction within 10 days after receipt of a request to inspect theinstallation, the Division shall enforce and inspect the installation.

3. Local use zone requirements, local fire zones,building setback, side and rear yard requirements, site development andproperty line requirements, as well as the review and regulation ofarchitectural and aesthetic requirements are hereby specifically and entirelyreserved to local jurisdictions notwithstanding any other requirement of thischapter.

4. If, upon afinal inspection conducted pursuant to subsection 2, the Division determinesthat the factory-built housing or manufactured building meets all requirementsestablished for the installation of the factory-built housing or manufacturedbuilding and all applicable requirements described in subsection 3, theDivision shall issue a certificate of occupancy for the factory-built housingor manufactured building. The Division may adopt such regulations as itdetermines necessary to carry out its duties pursuant to this section. Theregulations may establish fees for inspections and the issuance of certificatesof occupancy.

5. A local government authority may inspect Nevadamanufacturers of factory-built housing or manufactured buildings to ensurecompliance with all the provisions of NRS461.170. Before conducting an initial inspection of any such manufacturer,a local government authority must give 10 days written notice to theAdministrator of the Division. The local government authority is not requiredto give notice to the Administrator before conducting subsequent inspections ofthe manufacturer.

(Added to NRS by 1971, 1314; A 1973, 456; 1975, 977;1979, 1221; 1999, 929;2003, 583)

NRS 461.270 Penalties. Any person who violates any of the provisions of thischapter or any regulations adopted pursuant to this chapter shall be punishedby a fine not exceeding $2,500 or by imprisonment not exceeding 30 days, or byboth fine and imprisonment.

(Added to NRS by 1971, 1314; A 1985, 295; 1999, 930)

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