1. In addition to any other powers, duties and authority conferred on a district board of health, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Regulate any health hazard on residential property;
(b) Regulate any health hazard in a rental dwelling unit; and
(c) Regulate any health hazard on commercial property.
2. The district board of health may adopt regulations to ensure the enforcement of laws that protect the public health and safety associated with the condition of rental dwelling units and to recover all costs incurred by the district board of health relating thereto. Any regulation adopted pursuant to this subsection must be provided by the landlord of a rental dwelling unit to a tenant upon request to ensure that the landlord and the tenant understand their respective rights and responsibilities clearly.
3. In carrying out its duties relating to the protection of the public health and safety associated with the condition of rental dwelling units, the district board of health may:
(a) Take any enforcement action it determines necessary; and
(b) Establish an administrative hearing process, including, without limitation, the hiring of qualified hearing officers.
4. If a tenant of a rental dwelling unit provides written notice to the landlord pursuant to NRS 118A.355 specifying a failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failure and the landlord fails to remedy the failure or to make a reasonable effort to do so within the time prescribed in NRS 118A.355, the tenant may, in addition to any remedy provided in NRS 118A.355, provide to the district board of health a copy of the written notice that the tenant provided to the landlord. If, upon inspection of the dwelling unit, the district board of health determines that either the landlord or the tenant has failed to maintain the dwelling unit in a habitable condition, the district board of health may refer the matter to the administrative hearing process if established pursuant to subsection 3 or take any action with respect to the dwelling unit which is authorized by this section or the regulations adopted pursuant thereto.
5. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved and of the time when, the place where and the manner in which interested persons may present their views thereon;
(b) State each address at which the text of the proposal may be inspected and copied; and
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.
6. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.
7. The district board of health shall file a copy of all of its adopted regulations with the county clerk.
8. As used in this section:
(a) "Commercial property" means any real property which is not used as a dwelling unit and is not occupied as, or designed or intended for occupancy as, a residence or sleeping place.
(b) "Dwelling unit" has the meaning ascribed to it in NRS 118A.080.
(c) "Health hazard" means any biological, physical or chemical exposure, condition or public nuisance that may adversely affect the health of a person.
(Added to NRS by 2009, 1500)
Structure Nevada Revised Statutes
Chapter 439 - Administration of Public Health
NRS 439.010 - Administration of chapter.
NRS 439.030 - State Board of Health: Creation; members; qualifications.
NRS 439.040 - State Board of Health: Term of office.
NRS 439.060 - State Board of Health: Meetings; quorum.
NRS 439.070 - State Board of Health: Secretary; Executive Officer.
NRS 439.080 - State Board of Health: Compensation of members and employees.
NRS 439.085 - Chief Medical Officer: Appointment; unclassified service.
NRS 439.095 - Chief Medical Officer: Qualifications.
NRS 439.130 - Chief Medical Officer and Administrator: Duties.
NRS 439.135 - Appointment of Commissioner of Food and Drugs and other agents by Administrator.
NRS 439.140 - Appointment or removal of subordinate officer or employee of Division.
NRS 439.160 - Uniform compliance with provisions of chapter.
NRS 439.180 - Biennial report to Director by Administrator.
NRS 439.190 - Hearings and witnesses.
NRS 439.200 - Regulations of State Board of Health: Adoption; effect; variances; distribution.
NRS 439.249 - Continuing education and information concerning health of veterans; report.
NRS 439.258 - Programs for treatment of persons who commit domestic violence; regulations.
NRS 439.2711 - "Advisory Committee" defined.
NRS 439.2712 - "Program" defined.
NRS 439.2713 - "Provider of oral health care" defined.
NRS 439.2791 - State Program for Oral Health: Establishment; purpose.
NRS 439.2793 - Duties of Division.
NRS 439.290 - County health officer: Appointment; qualifications; term.
NRS 439.300 - County health officer: Compensation.
NRS 439.310 - County health officer: Vacancy; appointment by Chief Medical Officer.
NRS 439.330 - Deputy county health officer: Appointment; compensation; duties.
NRS 439.340 - County board of health: Supervision by Division; reports.
NRS 439.350 - County board of health: Duties.
NRS 439.363 - Health district fund: Creation.
NRS 439.364 - District board of health: Meetings; quorum; duties.
NRS 439.367 - District board of health: Powers.
NRS 439.370 - Health district: Creation.
NRS 439.380 - County or city board of health abolished upon creation of district board of health.
NRS 439.385 - City and town boards of health abolished upon creation of district board of health.
NRS 439.390 - District board of health: Composition; qualifications of members.
NRS 439.420 - City board of health: Creation by ordinance.
NRS 439.440 - Inclusion of city in county or district health department.
NRS 439.460 - City board of health: Duties.
NRS 439.477 - Lien on real property for costs of abating nuisance; action to foreclose lien.
NRS 439.4797 - Powers of boards of health; regulations by State Environmental Commission.
NRS 439.480 - Local health officer: Supervision; jurisdiction.
NRS 439.490 - Abatement or removal of nuisance.
NRS 439.4905 - Payment of assessment; exemption; regulations.
NRS 439.4923 - "Health care facility" defined.
NRS 439.4925 - "Provider of health care" defined.
NRS 439.4927 - "Sickle cell disease and its variants" defined.
NRS 439.4931 - Regulations of State Board of Health.
NRS 439.4935 - Publication of reports; provision of data fee to cover cost of providing data.
NRS 439.4937 - Analysis of information, records and reports; investigation of trends.
NRS 439.4939 - Gifts, grants and donations.
NRS 439.4943 - Limitation on civil and criminal liability.
NRS 439.495 - Establishment; purpose.
NRS 439.4972 - "Health care facility" defined.
NRS 439.4974 - "Lupus and its variants" defined.
NRS 439.4978 - Regulations of State Board of Health.
NRS 439.4982 - Publication of reports; provision of data; fee to cover cost of providing data.
NRS 439.4984 - Analysis of information, records and reports; investigation of trends.
NRS 439.4986 - Gifts, grants and donations.
NRS 439.499 - Limitation on civil and criminal liability.
NRS 439.505 - Duties of Division.
NRS 439.5075 - Creation; membership; vacancies; compensation; Chair; meetings.
NRS 439.5081 - "State plan" defined.
NRS 439.5082 - "Task Force" defined.
NRS 439.5102 - "Committee" defined.
NRS 439.5104 - Creation; appointment, qualification and terms of members; vacancies.
NRS 439.5106 - Powers and duties.
NRS 439.513 - Employment of trainer for suicide prevention; qualifications; duties.
NRS 439.5132 - Creation; purpose; interest and income; nonreversion.
NRS 439.5134 - Administration; awards of money; reports.
NRS 439.515 - "Advisory Council" defined.
NRS 439.516 - "Program" defined.
NRS 439.517 - Establishment; purpose.
NRS 439.518 - Advisory Council: Establishment; purpose; appointment of members.
NRS 439.521 - Duties of Division.
NRS 439.522 - Public hearings.
NRS 439.523 - Authority of Division to enter into contracts and award grants.
NRS 439.525 - Gifts, grants and contributions: Accounting; use; administration.
NRS 439.5292 - "Provider of emergency medical services" defined.
NRS 439.5293 - "Provider of health care" defined.
NRS 439.5294 - "Registry" defined.
NRS 439.5297 - Duty of Division to adopt and carry out procedures for using Registry.
NRS 439.550 - Strict enforcement of chapter by local health officer.
NRS 439.560 - Enforcement of chapter by public officers.
NRS 439.565 - Injunctions against violations.
NRS 439.582 - "Electronic health record" defined.
NRS 439.583 - "Health care provider" defined.
NRS 439.584 - "Health information exchange" defined.
NRS 439.585 - "Person" defined.
NRS 439.593 - Immunity from liability for health care provider who uses health information exchange.
NRS 439.600 - Legislative declaration.
NRS 439.640 - "Household income" defined. [Effective through December 31, 2021.]
NRS 439.645 - "Income" defined. [Effective through December 31, 2021.]
NRS 439.648 - "Person with a disability" defined. [Effective January 1, 2022.]
NRS 439.660 - Administration: Cooperation between state and local agencies.
NRS 439.680 - Judicial review of decision to deny request for subsidy.
NRS 439.705 - Definitions. [Effective through December 31, 2021.]
NRS 439.715 - "Household income" defined. [Effective through December 31, 2021.]
NRS 439.725 - "Income" defined. [Effective through December 31, 2021.]
NRS 439.802 - "Facility-acquired infection" defined.
NRS 439.803 - "Health facility" defined.
NRS 439.810 - "Patient" defined.
NRS 439.815 - "Patient safety officer" defined.
NRS 439.820 - "Provider of health care" defined.
NRS 439.830 - "Sentinel event" defined.
NRS 439.835 - Mandatory reporting of sentinel events.
NRS 439.837 - Mandatory investigation of sentinel event by health facility; exceptions.
NRS 439.840 - Reports of sentinel events: Duties of Division; confidentiality.
NRS 439.855 - Notification of patients involved in sentinel events.
NRS 439.856 - Provision of certain information relating to facility-acquired infections to patients.
NRS 439.860 - Inadmissibility of certain information in administrative or legal proceeding.
NRS 439.870 - Patient safety officer: Designation; duties.
NRS 439.880 - Immunity from criminal and civil liability.
NRS 439.890 - Adoption of regulations.
NRS 439.904 - "Commission" defined.
NRS 439.906 - "Provider of health care" defined.
NRS 439.918 - Duties; reports.
NRS 439.943 - Authorized use; inclusion of relevant publicly available information.
NRS 439.944 - Access authorized to enter information and manage information and account.
NRS 439.946 - Authorized collection, maintenance and storage of certain information on website.
NRS 439.947 - Access to information.
NRS 439.948 - Fees; regulations.
NRS 439.955 - "Emergency team" defined.
NRS 439.960 - "Health care facility" defined.
NRS 439.965 - "Provider of health care" defined.
NRS 439.975 - Powers and duties of emergency team.
NRS 439.980 - Duties of chair of emergency team.
NRS 439.985 - Legislative declaration of purpose.
NRS 439.986 - "Sterile hypodermic device program" or "program" defined.
NRS 439.988 - Guidelines governing operation.
NRS 439.990 - Staff and volunteers to complete training; requirements for training.
NRS 439.992 - Immunity from civil liability.
NRS 439.993 - Confidentiality of records; use of information.