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;
(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, or 512.500 to
512.594, inclusive;
(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 set forth in NAC
455C.020 to
455C.300, inclusive, and section
1, 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; 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.
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