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439.4797 - Powers of boards of health; regulations by State Environmental Commission.

439.4797  Powers of boards of health; regulations by State Environmental Commission.

      1.  The board of health or its agent shall, for the purposes of NRS 40.140, 40.770, 202.450 and 489.776, evaluate the removal or remediation by any entity certified or licensed to do so of:

      (a) Substances involving a controlled substance, immediate precursor or controlled substance analog; and

      (b) Any material, compound, mixture or preparation that contains any quantity of methamphetamine.

      2.  The State Environmental Commission shall adopt regulations:

      (a) To carry out the provisions of subsection 1;

      (b) Establishing standards pursuant to which a building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog may be deemed safe for habitation for the purposes of NRS 40.140 and 202.450; and

      (c) Establishing standards pursuant to which any property that is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation that contains any quantity of methamphetamine may be deemed safe for habitation for the purposes of NRS 40.770 and 489.776.

      3.  As used in this section:

      (a) “Board of health” means:

             (1) In a county whose population is 400,000 or more, the district board of health; or

             (2) In a county whose population is less than 400,000, the State Board of Health.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (Added to NRS by 2009, 824)

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