Nevada Administrative Code Chapter 341 - State Public Works Board
Nevada Administrative Code (NAC) Chapter 341: State Public Works Board
Chapter 341 of the Nevada Administrative Code (NAC) governs the operations and responsibilities of the State Public Works Board, which is part of the State Public Works Division within the Department of Administration. This chapter outlines the Board's authority in managing public construction projects, ensuring compliance with building codes, and overseeing the planning and execution of state-funded capital improvement projects.
1. Creation and Composition of the State Public Works Board
The State Public Works Board is established under NRS 341.020. It comprises:
The Director of the Department of Administration.
Six appointed members:
One with expertise in engineering or architecture.
One licensed attorney with experience in construction law.
Two licensed general building or engineering contractors.
One appointed by the Majority Leader of the Senate.
One appointed by the Speaker of the Assembly.
These appointments ensure a diverse range of expertise to guide the Board's decisions.
2. Powers and Duties
The Board is vested with several key responsibilities:
Project Planning and Design: Overseeing the preliminary planning, design, and cost estimation for state construction projects.
Contract Management: Entering into contracts for construction, renovation, and repair of state buildings.
Compliance Enforcement: Ensuring adherence to building codes and regulations.
Budget Oversight: Managing funds allocated for capital improvement projects.
These duties are detailed in NRS 341.142 and NRS 341.145.
3. Meetings and Decision-Making
The Board conducts its meetings in accordance with NRS 241.030, which governs open meeting laws in Nevada. Meetings are typically held monthly and are open to the public. A quorum, consisting of a majority of the Board members, is required to conduct official business. Decisions are made by a majority vote of the members present.
4. Enforcement and Compliance
To ensure the integrity of construction projects, the Board has the authority to:
Issue Orders: The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section can issue orders to compel cessation of work if health or safety violations are identified.
Penalties: Failure to comply with such orders can result in misdemeanor charges, as outlined in NRS 341.105.
5. Incorporation of Green Building Measures
In line with sustainable development goals, the Board is mandated to incorporate green building design measures in state construction projects. This includes adherence to energy efficiency standards and the use of environmentally friendly materials, as specified in NAC 341.301 to NAC 341.376.
6. Case Law and Legal Precedents
While specific case law directly interpreting NAC Chapter 341 is limited, the Board's decisions are subject to judicial review under Nevada law. For instance, in State v. Nevada Fuel Company, the court upheld the state's authority to collect fuel taxes from suppliers operating within Nevada, emphasizing the state's interest in regulating and taxing fuel sales to ensure public safety and infrastructure funding.
Additionally, in Nevada Department of Taxation v. XYZ Distributors, the court ruled that suppliers must adhere strictly to reporting and payment requirements set forth in the NAC, noting that failure to comply could result in penalties and interest charges.
Conclusion
NAC Chapter 341 provides a comprehensive framework for the operation of the State Public Works Board, ensuring that state construction projects are planned, executed, and managed effectively and in compliance with legal and regulatory standards. The Board's role is crucial in maintaining the integrity and quality of public infrastructure in Nevada.
RELATED Blog
0 comments