NRS439.200. Regulations of State Board of Health: Adoption; effect; variances; distribution.

      1.  The State Board of Health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:

      (a) To define and control dangerous communicable diseases.

      (b) To prevent and control nuisances.

      (c) To regulate sanitation and sanitary practices in the interests of the public health.

      (d) To provide for the sanitary protection of water and food supplies.

      (e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, 444.650, 445A.170 to 445A.955, inclusive, and chapter 445B of NRS.

      (f) To protect and promote the public health generally.

      (g) To carry out all other purposes of this chapter.

      2.  Except as otherwise provided in NRS 444.650, those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the regulations provided for in this section.

      3.  The State Board of Health may grant a variance from the requirements of a regulation if it finds that:

      (a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and

      (b) The variance, if granted, would not:

             (1) Cause substantial detriment to the public welfare; or

             (2) Impair substantially the purpose of that regulation.

      4.  Each regulation adopted by the State Board of Health must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the residents of the State.

      [Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]—(NRS A 1969, 880; 1971, 137, 807; 1977, 1138; 1979, 703; 1983, 329, 1129; 1987, 775; 1991, 2189; 2009, 1077)