NAC477.315. Authority; grounds.

     1. The State Fire Marshal may refuse to issue or renew, or may suspend or revoke, any certificate of registration or license if he or she determines that an applicant, licensee or registrant has:

     (a) Obtained or attempted to obtain a license or certificate of registration by fraud, misrepresentation or falsifying information required on an application form.

     (b) Been found guilty of malpractice or incompetence.

     (c) Failed to obtain the necessary tools or materials required by the State Fire Marshal for performing the work for which the license was issued.

     (d) Failed to pay the annual fees for renewal of a license or certificate of registration.

     (e) Violated any provision of this chapter three or more times within a 12-month period.

     (f) Submitted payment for a license or certificate upon an account which has insufficient funds.

     (g) Been convicted of a felony.

     (h) Refused to cooperate with the State Fire Marshal in an investigation.

     (i) Created an imminent hazard to life. For the purposes of this paragraph, an “imminent hazard to life” exists when:

          (1) A system to detect, suppress or protect against fire is reduced to less than 80 percent of its design standard by an action, whether malicious or not, of a licensee or holder of a certificate of registration; or

          (2) A fire appliance or device is made nonfunctional because more than 20 percent of the appliances or devices provided to a building or area become nonfunctional because of the improper service of a licensee or the holder of a certificate of registration.

     (j) Agents or principals who have violated the provisions of this subsection.

     2. The State Fire Marshal may revoke or suspend any certificate of registration or license if he or she determines that:

     (a) It has been used by a person other than the person to whom it was issued.

     (b) It has been used for a location other than that for which it was issued.

     (c) It has been used for work other than that for which it was issued.

     (d) Any of the conditions or limitations set forth in the license have been violated.

     (e) The person to whom the certificate or license was issued did not have the certificate or license on-site where work was being performed under the certificate or license, or failed to present the certificate or license upon the request of an authority having jurisdiction.

     3. The State Fire Marshal may require any licensee or registrant who violates the provisions of this section to:

     (a) Attend additional training courses approved by the State Fire Marshal; or

     (b) Serve a period of probation.

     4. All licenses and certificates of registration remain the property of the State Fire Marshal and may not be suspended or revoked by any other person.

     5. For the purposes of this section:

     (a) A period of probation may not exceed 24 months.

     (b) A revocation is permanent and applies to any person who is found to be an accomplice to a violation, whether directly or indirectly.

     (c) A suspension may not exceed 24 months.

     [St. Fire Marshal, §§ 1.901 & 1.902, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; R220-99, 9-25-2000; R090-10, 12-30-2011)