Nevada Administrative Code
Chapter 455C - Boilers, Elevators and Pressure Vessels
ELEVATORS
Requirements, Standards and Procedures
Section 455C.530 - Emergency order by Chief of Mechanical Enforcement Section to restrain certain conditions or practices; effective date of emergency order; contest of order; judicial review; inspection to return elevator to service

1. The Chief of the Mechanical Compliance Section or his or her designee may issue an emergency order to restrain any conditions or practices relating to an elevator, boiler or pressure vessel which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the other enforcement procedures provided by this chapter. An order issued pursuant to this section may require such steps to be taken as are necessary to avoid, correct or remove the imminent danger and may prohibit the employment or presence of any person in locations or under conditions where the imminent danger exists, except persons whose presence is necessary to avoid, correct or remove the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to allow the cessation to be accomplished in a safe and orderly manner.

2. An emergency order issued pursuant to subsection 1 becomes effective upon delivery to the owner of the elevator, boiler or pressure vessel or his or her agent where the danger exists. If, within 15 calendar days after the effective date of the order, the owner of the elevator, boiler or pressure vessel fails to notify the Administrator that the owner wishes to contest the order, the order shall be deemed a final order. If the owner of the elevator, boiler or pressure vessel contests the order within 15 days after the effective date of the order and the Administrator does not rescind or modify the order as requested, the owner may petition the district court for relief. Upon the filing of such a petition, the district court may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter.

3. Whenever and as soon as an inspector or a special inspector concludes that a condition or practice described in subsection 1 exists regarding an elevator, boiler or pressure vessel, the inspector or special inspector shall inform the owner of the elevator, boiler or pressure vessel or his or her agent and the general public of the danger and that he or she is recommending to the Chief of the Mechanical Compliance Section that an emergency order be issued.

4. If an emergency order has been issued pursuant to subsection 1, an inspection to return the elevator, boiler or pressure vessel to service may be performed only by an inspector.

5. If an emergency order has been issued pursuant to subsection 1 and the Chief of the Mechanical Compliance Section or his or her designee determines that it is necessary, the Mechanical Compliance Section may place a lockout device on the energy isolating device that services the elevator, boiler or pressure vessel. The lockout device must not be removed from the energy isolating device except upon the issuance of an order by the Chief of the Mechanical Compliance Section or his or her designee.

6. As used in this section, "energy isolating device" means a mechanical device that physically prevents the transmission or release of energy.