Assembly Bill No. 112–Committee on Commerce and Labor

(On Behalf of Commission on Workplace Safety)

February 4, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Requires establishment of standards and procedures for places of employment where explosives are produced, used, stored or handled. (BDR 53-780)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to occupational safety; requiring the division of industrial relations of the department of business and industry to establish standards and procedures for places of employment where explosives are produced, used, stored or handled; providing for the certification of such places of employment and employees engaged in the production, use, storage or handling of explosives; requiring the disclosure of confidential information of the division to law enforcement agencies under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 618 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. 1. The division shall adopt regulations establishing

1-4 standards and procedures for places of employment where explosives are

1-5 produced, used, stored or handled, including, without limitation,

1-6 regulations requiring the:

1-7 (a) Establishment and implementation of safety plans and procedures;

1-8 (b) Establishment of safety zones at or around such places of

1-9 employment;

1-10 (c) Annual certification of such places of employment; and

1-11 (d) Establishment and implementation of programs for the training

1-12 and annual certification of employees engaged in the production, use,

1-13 storage or handling of explosives.

2-1 2. If the standards and procedures adopted pursuant to this section

2-2 conflict with any ordinances of a local governing body regulating

2-3 explosives, the more stringent standard applies.

2-4 3. Except as otherwise provided in subsection 2, compliance with an

2-5 ordinance of a local governing body regulating explosives does not

2-6 excuse any person from complying with the standards and procedures

2-7 adopted by the division pursuant to this section.

2-8 4. As used in this section, "explosive" means gunpowders, powders

2-9 used for blasting, all forms of high explosives, blasting materials, fuses

2-10 other than electric circuit breakers, detonators and other detonating

2-11 agents, smokeless powders, other explosive or incendiary devices and any

2-12 chemical compound, mechanical mixture or device that contains any

2-13 oxidizing and combustible units, or other ingredients, in such

2-14 proportions, quantities or packing that ignition by fire, friction,

2-15 concussion, percussion, or detonation of the compound, mixture or

2-16 device or any part thereof may cause an explosion.

2-17 Sec. 3. 1. An applicant for the issuance or renewal of certification

2-18 as an employee engaged in the production, use, storage or handling of

2-19 explosives pursuant to section 2 of this act shall submit with his

2-20 application the statement prescribed by the welfare division of the

2-21 department of human resources pursuant to NRS 425.520. The statement

2-22 must be completed and signed by the applicant.

2-23 2. The division shall include the statement required pursuant to

2-24 subsection 1 in:

2-25 (a) The application or any other forms that must be submitted for the

2-26 issuance or renewal of the certification; or

2-27 (b) A separate form prescribed by the division.

2-28 3. Certification as an employee engaged in the production, use,

2-29 storage or handling of explosives may not be issued or renewed pursuant

2-30 to section 2 of this act if the applicant:

2-31 (a) Fails to submit the statement required pursuant to subsection 1; or

2-32 (b) Indicates on the statement submitted pursuant to subsection 1 that

2-33 he is subject to a court order for the support of a child and is not in

2-34 compliance with the order or a plan approved by the district attorney or

2-35 other public agency enforcing the order for the repayment of the amount

2-36 owed pursuant to the order.

2-37 4. If an applicant indicates on the statement submitted pursuant to

2-38 subsection 1 that he is subject to a court order for the support of a child

2-39 and is not in compliance with the order or a plan approved by the district

2-40 attorney or other public agency enforcing the order for the repayment of

2-41 the amount owed pursuant to the order, the person to whom the

3-1 application was submitted shall advise the applicant to contact the district

3-2 attorney or other public agency enforcing the order to determine the

3-3 actions that the applicant may take to satisfy the arrearage.

3-4 Sec. 4. An application for the issuance of certification as an

3-5 employee engaged in the production, use, storage or handling of

3-6 explosives pursuant to section 2 of this act must include the social

3-7 security number of the applicant.

3-8 Sec. 5. 1. If the division receives a copy of a court order issued

3-9 pursuant to NRS 425.540 that provides for the suspension of all

3-10 professional, occupational and recreational licenses, certificates and

3-11 permits issued to a person who has been certified as an employee

3-12 engaged in the production, use, storage or handling of explosives

3-13 pursuant to section 2 of this act, the division shall deem the certification

3-14 issued to that person to be suspended at the end of the 30th day after the

3-15 date on which the court order was issued unless the division receives a

3-16 letter issued by the district attorney or other public agency pursuant to

3-17 NRS 425.550 to the person who has been issued the certification stating

3-18 that the person has complied with the subpoena or warrant or has

3-19 satisfied the arrearage pursuant to NRS 425.560.

3-20 2. The division shall reinstate the certification of an employee

3-21 engaged in the production, use, storage or handling of explosives issued

3-22 pursuant to section 2 of this act that has been suspended by a district

3-23 court pursuant to NRS 425.540 if the division receives a letter issued by

3-24 the district attorney or other public agency pursuant to NRS 425.550 to

3-25 the person whose certification was suspended stating that the person

3-26 whose certification was suspended has complied with the subpoena or

3-27 warrant or has satisfied the arrearage pursuant to NRS 425.560.

3-28 Sec. 6. NRS 618.341 is hereby amended to read as follows:

3-29 618.341 1. Except as otherwise provided in this section, the public

3-30 may inspect all records of the division which contain information

3-31 regarding:

3-32 (a) An oral or written complaint filed by an employee or a

3-33 representative of employees alleging the existence of an imminent danger

3-34 or a violation of a safety or health standard that threatens physical harm;

3-35 (b) The manner in which the division acted on any such complaint;

3-36 (c) Any citation issued by the division to an employer and the reason

3-37 for its issuance; and

3-38 (d) Any penalty imposed by the division on an employer and the reason

3-39 therefor.

3-40 2. The division shall, upon oral or written request and payment of any

3-41 applicable charges, provide to any person a copy of any record of the

3-42 division which is open to public inspection pursuant to subsection 1. The

4-1 first six pages reproduced pursuant to each such request must be provided

4-2 without charge. The charge for each additional page copied must not

4-3 exceed the cost of reproduction.

4-4 3. [The] Except as otherwise provided in subsection 4, the division

4-5 shall keep confidential:

4-6 (a) The name of any employee who filed any complaint against an

4-7 employer or who made any statement to the division concerning an

4-8 employer; and

4-9 (b) Any information which is part of a current investigation by the

4-10 division, but the fact that an investigation is being conducted is public

4-11 information.

4-12 [For the purposes of] As used in this subsection, "current investigation"

4-13 means any investigation conducted before the issuance of a citation or

4-14 notice of violation or, if no citation or notice of violation is issued, an

4-15 investigation which is not closed.

4-16 4. The division shall, upon the receipt of a written request from a law

4-17 enforcement agency, disclose otherwise confidential information to that

4-18 law enforcement agency for the limited purpose of pursuing a criminal

4-19 investigation.

4-20 Sec. 7. NRS 618.365 is hereby amended to read as follows:

4-21 618.365 1. This chapter does not supersede or in any manner affect

4-22 the Nevada Industrial Insurance Act [,] or the Nevada Occupational

4-23 Diseases Act or enlarge, diminish or affect in any other manner the

4-24 common law or statutory rights, duties or liabilities of employers and

4-25 employees under the laws of this state with respect to injuries, occupational

4-26 or other, diseases or death of employees arising out of or in the course of

4-27 employment.

4-28 2. Statements, reports and information obtained or received by the

4-29 division in connection with an investigation under, or the administration or

4-30 enforcement of, the provisions of this chapter must not be admitted as

4-31 evidence in any civil action other than an action for enforcement, variance

4-32 hearing or review under this chapter.

4-33 3. Any report of investigation or inspection or any information

4-34 concerning trade secrets or secret industrial processes obtained under this

4-35 chapter must not be disclosed or open to public inspection , except [as] :

4-36 (a) As such information may be disclosed to other officers or employees

4-37 concerned with carrying out this chapter [or when] ;

4-38 (b) When relevant in any court proceeding under this chapter [.] ; or

4-39 (c) As otherwise provided in NRS 618.341.

4-40 4. The division, the courts, and where applicable, the review board

4-41 may issue such orders as may be appropriate to protect the confidentiality

4-42 of trade secrets.

5-1 Sec. 8. NRS 244.2961 is hereby amended to read as follows:

5-2 244.2961 1. The board of county commissioners may by ordinance

5-3 create a district for a fire department. The board of county commissioners

5-4 is ex officio the governing body of any district created pursuant to this

5-5 section and may:

5-6 (a) Organize, regulate and maintain the fire department.

5-7 (b) Appoint and prescribe the duties of the fire chief.

5-8 (c) Designate arson investigators as peace officers.

5-9 (d) Regulate or prohibit the storage of any explosive, combustible or

5-10 inflammable material in or transported through the county, and prescribe

5-11 the distance from any residential or commercial area where it may be kept.

5-12 Any ordinance adopted pursuant to this paragraph that regulates places

5-13 of employment where explosives are stored must be at least as stringent

5-14 as the standards and procedures adopted by the division of industrial

5-15 relations of the department of business and industry pursuant to section 2

5-16 of this act.

5-17 (e) Establish, by ordinance, a fire code and other regulations necessary

5-18 to carry out the purposes of this section.

5-19 (f) Include the budget of the district in the budget of the county.

5-20 (g) Hold meetings of the governing body of the district in conjunction

5-21 with the meetings of the board of county commissioners without posting

5-22 additional notices of the meetings within the district.

5-23 2. The other officers and employees of the county shall perform duties

5-24 for the district that correspond to the duties they perform for the county.

5-25 3. All persons employed to perform the functions of the fire

5-26 department are employees of the county for all purposes.

5-27 Sec. 9. NRS 266.310 is hereby amended to read as follows:

5-28 266.310 The city council may:

5-29 1. Organize, regulate and maintain a fire department.

5-30 2. Prescribe the duties of the fire chief.

5-31 3. Designate arson investigators as peace officers.

5-32 4. Regulate or prohibit the storage of any explosive, combustible or

5-33 inflammable material in or transported through the city, and prescribe the

5-34 distance from any residential or commercial area where it may be kept.

5-35 Any ordinance adopted pursuant to this subsection that regulates places

5-36 of employment where explosives are stored must be at least as stringent

5-37 as the standards and procedures adopted by the division of industrial

5-38 relations of the department of business and industry pursuant to section 2

5-39 of this act.

5-40 5. Establish, by ordinance, a fire code and other regulations necessary

5-41 to carry out the purposes of this section.

6-1 Sec. 10. NRS 269.220 is hereby amended to read as follows:

6-2 269.220 In addition to the powers and jurisdiction conferred by other

6-3 laws, the town board or board of county commissioners [shall have the

6-4 power and duty to] may regulate the storage of gunpowder and other

6-5 explosive or combustible materials. Any ordinance adopted pursuant to

6-6 this section that regulates places of employment where explosives are

6-7 stored must be at least as stringent as the standards and procedures

6-8 adopted by the division of industrial relations of the department of

6-9 business and industry pursuant to section 2 of this act.

6-10 Sec. 11. NRS 477.030 is hereby amended to read as follows:

6-11 477.030 1. Except as otherwise provided in this section, the state fire

6-12 marshal shall enforce all laws and adopt regulations relating to:

6-13 (a) The prevention of fire.

6-14 (b) The storage and use of combustibles, flammables and fireworks [.

6-15 (c) The storage and use of explosives in any commercial construction,

6-16 but not in mining or the control of avalanches.

6-17 (d)] under those circumstances that are not otherwise regulated by the

6-18 division of industrial relations of the department of business and industry

6-19 pursuant to section 2 of this act.

6-20 (c) The safety, access, means and adequacy of exit in case of fire from

6-21 mental and penal institutions, facilities for the care of children, foster

6-22 homes, residential facilities for groups, facilities for intermediate care,

6-23 nursing homes, hospitals, schools, all buildings, except private residences,

6-24 which are occupied for sleeping purposes, buildings used for public

6-25 assembly and all other buildings where large numbers of persons work,

6-26 live or congregate for any purpose. As used in this paragraph, "public

6-27 assembly" means a building or a portion of a building used for the

6-28 gathering together of 50 or more persons for purposes of deliberation,

6-29 education, instruction, worship, entertainment, amusement or awaiting

6-30 transportation, or the gathering together of 100 or more persons in

6-31 establishments for drinking or dining.

6-32 [(e)] (d) The suppression and punishment of arson and fraudulent

6-33 claims or practices in connection with fire losses.

6-34 The regulations of the state fire marshal apply throughout the state, but,

6-35 except with respect to state-owned or state-occupied buildings, his

6-36 authority to enforce them or conduct investigations under this chapter is

6-37 limited to those counties whose population is less than 35,000, except in

6-38 those local jurisdictions in other counties where he is requested to exercise

6-39 that authority by the chief officer of the organized fire department of that

6-40 jurisdiction.

7-1 2. The state fire marshal may set standards for equipment and

7-2 appliances pertaining to fire safety or to be used for fire protection within

7-3 this state, including the threads used on fire hose couplings and hydrant

7-4 fittings.

7-5 3. The state fire marshal shall cooperate with the state forester

7-6 firewarden in the preparation of regulations relating to standards for fire

7-7 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

7-8 NRS 472.040.

7-9 4. The state fire marshal shall cooperate with the division of child and

7-10 family services of the department of human resources in establishing

7-11 reasonable minimum standards for overseeing the safety of and directing

7-12 the means and adequacy of exit in case of fire from family foster homes

7-13 and group foster homes.

7-14 5. The state fire marshal shall coordinate all activities conducted

7-15 pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f

7-16 and 278g, and receive and distribute money allocated by the United States

7-17 pursuant to that act.

7-18 6. Except as otherwise provided in subsection 10, the state fire marshal

7-19 shall:

7-20 (a) Investigate any fire which occurs in a county whose population is

7-21 less than 35,000, and from which a death results or which is of a suspicious

7-22 nature.

7-23 (b) Investigate any fire which occurs in a county whose population is

7-24 35,000 or more, and from which a death results or which is of a suspicious

7-25 nature, if requested to do so by the chief officer of the fire department in

7-26 whose jurisdiction the fire occurs.

7-27 (c) Cooperate with the commissioner of insurance in any investigation

7-28 of a fraudulent claim under an insurance policy for any fire of a suspicious

7-29 nature.

7-30 (d) Cooperate with any local fire department in the investigation of any

7-31 report received pursuant to NRS 629.045.

7-32 (e) Provide specialized training in investigating the causes of fires if

7-33 requested to do so by the chief officer of an organized fire department.

7-34 7. The state fire marshal shall put the Uniform Fire Incident Reporting

7-35 System into effect throughout the state and publish at least annually a

7-36 summary of data collected under the system.

7-37 8. The state fire marshal shall provide assistance and materials to local

7-38 authorities, upon request, for the establishment of programs for public

7-39 education and other fire prevention activities.

7-40 9. The state fire marshal shall:

7-41 (a) Assist in checking plans and specifications for construction;

8-1 (b) Provide specialized training to local fire departments; and

8-2 (c) Assist local governments in drafting regulations and ordinances,

8-3 on request or as he deems necessary.

8-4 10. In a county whose population is less than 35,000, the state fire

8-5 marshal shall, upon request by a local government, delegate to the local

8-6 government by interlocal agreement all or a portion of his authority or

8-7 duties if the local government’s personnel and programs are, as determined

8-8 by the state fire marshal, equally qualified to perform those functions. If a

8-9 local government fails to maintain the qualified personnel and programs in

8-10 accordance with such an agreement, the state fire marshal shall revoke the

8-11 agreement.

8-12 Sec. 12. NRS 477.033 is hereby amended to read as follows:

8-13 477.033 1. A license, issued by the state fire marshal, is required for:

8-14 (a) [Maintenance,] The maintenance, installation or sale of fire

8-15 extinguishers, fire alarm systems or fire sprinkler systems.

8-16 (b) [Use of explosives in any commercial construction, but not in

8-17 mining or the control of avalanches.

8-18 (c)] Commercial fireworks displays.

8-19 2. Applications for licenses must be made on a form prescribed by the

8-20 state fire marshal.

8-21 3. The state fire marshal may conduct inspections, examinations or

8-22 hearings before the issuance of licenses.

8-23 4. The state fire marshal may charge a reasonable fee, to be fixed by

8-24 regulation, for the inspection and issuance of licenses.

8-25 5. If any person is denied a license by the state fire marshal, he is

8-26 entitled to a hearing, upon request, before a hearing officer.

8-27 Sec. 13. Section 2.160 of the charter of the City of Caliente, being

8-28 chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read

8-29 as follows:

8-30 Sec. 2.160 Powers of city council: Fire protection; regulation

8-31 of explosives, inflammable materials; fire codes and regulations.

8-32 The city council may:

8-33 1. Organize, regulate and maintain a fire department.

8-34 2. Provide for the appointment of a fire chief and prescribe his

8-35 duties.

8-36 3. Regulate or prohibit the storage of any explosive,

8-37 combustible or inflammable material in or transported through the

8-38 city, and prescribe the distance from any residential or commercial

8-39 area where it may be kept. Any ordinance adopted pursuant to this

8-40 subsection that regulates places of employment where explosives

8-41 are stored must be at least as stringent as the standards and

9-1 procedures adopted by the division of industrial relations of the

9-2 department of business and industry pursuant to section 2 of this

9-3 act.

9-4 4. Establish, by ordinance, a fire code and other regulations

9-5 necessary to carry out the purposes of this section.

9-6 Sec. 14. Section 2.170 of the charter of the City of Carlin, being

9-7 chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to

9-8 read as follows:

9-9 Sec. 2.170 Powers of board of councilmen: Fire protection;

9-10 regulation of explosives, inflammable materials; fire codes and

9-11 regulations. The board of councilmen may:

9-12 1. Organize, regulate and maintain a fire department.

9-13 2. Provide for the appointment of a fire chief and prescribe his

9-14 duties.

9-15 3. Regulate or prohibit the storage of any explosive,

9-16 combustible or inflammable material in or transported through the

9-17 city, and prescribe the distance from any residential or commercial

9-18 area where it may be kept. Any ordinance adopted pursuant to this

9-19 subsection that regulates places of employment where explosives

9-20 are stored must be at least as stringent as the standards and

9-21 procedures adopted by the division of industrial relations of the

9-22 department of business and industry pursuant to section 2 of this

9-23 act.

9-24 4. Establish, by ordinance, a fire code and other regulations

9-25 necessary to carry out the purposes of this section.

9-26 Sec. 15. Section 2.165 of the charter of Carson City, being chapter

9-27 118, Statutes of Nevada 1985, at page 474, is hereby amend to read as

9-28 follows:

9-29 Sec. 2.165 Power of board: Regulation of hazardous material.

9-30 The board may regulate or prohibit the storage within or

9-31 transportation through Carson City of any explosive, combustible,

9-32 toxic or other hazardous material. Any ordinance adopted

9-33 pursuant to this section that regulates places of employment

9-34 where explosives are stored must be at least as stringent as the

9-35 standards and procedures adopted by the division of industrial

9-36 relations of the department of business and industry pursuant to

9-37 section 2 of this act.

9-38 Sec. 16. Section 2.200 of the charter of the City of Elko, being

9-39 chapter 276, Statutes of Nevada 1971, at page 481, is hereby amended to

9-40 read as follows:

9-41 Sec. 2.200 Powers of board of supervisors: Fire protection;

9-42 regulation of explosives, inflammable materials; fire codes and

9-43 regulations. The board of supervisors may:

10-1 1. Organize, regulate and maintain a fire department.

10-2 2. Provide for the appointment of a fire chief and prescribe his

10-3 duties.

10-4 3. Regulate or prohibit the storage of any explosive,

10-5 combustible or inflammable material in or transported through the

10-6 city, and prescribe the distance from any residential or commercial

10-7 area where it may be kept. Any ordinance adopted pursuant to this

10-8 subsection that regulates places of employment where explosives

10-9 are stored must be at least as stringent as the standards and

10-10 procedures adopted by the division of industrial relations of the

10-11 department of business and industry pursuant to section 2 of this

10-12 act.

10-13 4. Establish, by ordinance, a fire code and other regulations

10-14 necessary to carry out the purposes of this section, and to provide

10-15 for the prevention, suppression and extinguishment of fires and

10-16 conditions hazardous to life and property from fire, explosion or

10-17 combustion, and to provide for the enforcement of all such codes

10-18 and regulations by imposing adequate penalties for violations

10-19 thereof.

10-20 Sec. 17. Section 2.170 of the charter of the City of Gabbs, being

10-21 chapter 265, Statutes of Nevada 1971, at page 391, is hereby amended to

10-22 read as follows:

10-23 Sec. 2.170 Powers of board of councilmen: Fire protection;

10-24 regulation of explosives, inflammable materials; fire codes and

10-25 regulations. The board of councilmen may:

10-26 1. Organize, regulate and maintain a fire department.

10-27 2. Provide for the appointment of a fire chief and prescribe his

10-28 duties.

10-29 3. Regulate or prohibit the storage of any explosive,

10-30 combustible or inflammable material in or transported through the

10-31 city, and prescribe the distance from any residential or commercial

10-32 area where it may be kept. Any ordinance adopted pursuant to this

10-33 subsection that regulates places of employment where explosives

10-34 are stored must be at least as stringent as the standards and

10-35 procedures adopted by the division of industrial relations of the

10-36 department of business and industry pursuant to section 2 of this

10-37 act.

10-38 4. Establish, by ordinance, a fire code and other regulations

10-39 necessary to carry out the purposes of this section.

11-1 Sec. 18. Section 2.160 of the charter of the City of Henderson, being

11-2 chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to

11-3 read as follows:

11-4 Sec. 2.160 Powers of city council: Fire protection; regulation

11-5 of explosives, inflammable materials; fire codes and regulations.

11-6 The city council may:

11-7 1. Organize, regulate and maintain a fire department.

11-8 2. Regulate or prohibit the storage of any explosive,

11-9 combustible or inflammable material in or transported through the

11-10 city, and prescribe the distance from any residential or commercial

11-11 area where it may be kept. Any ordinance adopted pursuant to this

11-12 subsection that regulates places of employment where explosives

11-13 are stored must be at least as stringent as the standards and

11-14 procedures adopted by the division of industrial relations of the

11-15 department of business and industry pursuant to section 2 of this

11-16 act.

11-17 3. Establish, by ordinance, a fire code and other regulations

11-18 necessary to carry out the purposes of this section.

11-19 Sec. 19. Section 2.170 of the charter of the City of Las Vegas, being

11-20 chapter 517, Statutes of Nevada 1983, at page 1399, is hereby amended to

11-21 read as follows:

11-22 Sec. 2.170 Powers of city council: Fire protection; regulation

11-23 of explosives, inflammable materials; fire codes and regulations.

11-24 The city council may:

11-25 1. Organize, regulate and maintain a fire department.

11-26 2. Regulate or prohibit the storage in or the transportation

11-27 through the city of any explosive, combustible or inflammable

11-28 material and prescribe the location within the city where those

11-29 materials may be kept. Any ordinance adopted pursuant to this

11-30 subsection that regulates places of employment where explosives

11-31 are stored must be at least as stringent as the standards and

11-32 procedures adopted by the division of industrial relations of the

11-33 department of business and industry pursuant to section 2 of this

11-34 act.

11-35 3. Establish by ordinance a fire code and other regulations

11-36 which are necessary to provide for the prevention of and protection

11-37 against fires and to carry out the purposes of this section.

11-38 4. Suspend or revoke the license of any business for its failure

11-39 to comply with any regulation which is adopted pursuant to this

11-40 section.

12-1 Sec. 20. Section 2.160 of the charter of the City of North Las Vegas,

12-2 being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby

12-3 amended to read as follows:

12-4 Sec. 2.160 Powers of city council: Fire protection; regulation

12-5 of explosives, flammable materials; fire codes and regulations.
12-6 The city council may:

12-7 1. Organize, regulate and maintain a fire department.

12-8 2. Regulate or prohibit the storage of any explosive,

12-9 combustible or flammable material in or transported through the

12-10 city, and prescribe the distance from any residential or commercial

12-11 area where it may be kept. Any ordinance adopted pursuant to this

12-12 subsection that regulates places of employment where explosives

12-13 are stored must be at least as stringent as the standards and

12-14 procedures adopted by the division of industrial relations of the

12-15 department of business and industry pursuant to section 2 of this

12-16 act.

12-17 3. Establish, by ordinance, a fire code and other regulations

12-18 necessary to carry out the purposes of this section.

12-19 Sec. 21. Section 2.170 of the charter of the City of Wells, being

12-20 chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to

12-21 read as follows:

12-22 Sec. 2.170 Powers of board of councilmen: Fire protection;

12-23 regulation of explosives, inflammable materials; fire codes and

12-24 regulations. The board of councilmen may:

12-25 1. Organize, regulate and maintain a fire department.

12-26 2. Provide for the appointment of a fire chief and prescribe his

12-27 duties.

12-28 3. Regulate or prohibit the storage of any explosive,

12-29 combustible or inflammable material in or transported through the

12-30 city, and prescribe the distance from any residential or commercial

12-31 area where it may be kept. Any ordinance adopted pursuant to this

12-32 subsection that regulates places of employment where explosives

12-33 are stored must be at least as stringent as the standards and

12-34 procedures adopted by the division of industrial relations of the

12-35 department of business and industry pursuant to section 2 of this

12-36 act.

12-37 4. Establish, by ordinance, a fire code and other regulations

12-38 necessary to carry out the purposes of this section.

13-1 Sec. 22. Section 2.160 of the charter of the City of Yerington, being

13-2 chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to

13-3 read as follows:

13-4 Sec. 2.160 Powers of city council: Fire protection; regulation

13-5 of explosives, inflammable materials; fire codes and regulations.

13-6 The city council may:

13-7 1. Organize, regulate and maintain a fire department.

13-8 2. Provide for the appointment of a fire chief and prescribe his

13-9 duties.

13-10 3. Regulate or prohibit the storage of any explosive,

13-11 combustible or inflammable material in or transported through the

13-12 city, and prescribe the distance from any residential or commercial

13-13 area where it may be kept. Any ordinance adopted pursuant to this

13-14 subsection that regulates places of employment where explosives

13-15 are stored must be at least as stringent as the standards and

13-16 procedures adopted by the division of industrial relations of the

13-17 department of business and industry pursuant to section 2 of this

13-18 act.

13-19 4. Establish, by ordinance, a fire code and other regulations

13-20 necessary to carry out the purposes of this section.

13-21 Sec. 23. Sections 3, 4 and 5 of this act expire by limitation on the date

13-22 on which the provisions of 42 U.S.C. § 666 requiring each state to

13-23 establish procedures under which the state has authority to withhold or

13-24 suspend, or to restrict the use of professional, occupational and recreational

13-25 licenses of persons who:

13-26 1. Have failed to comply with a subpoena or warrant relating to a

13-27 proceeding to determine the paternity of a child or to establish or enforce

13-28 an obligation for the support of a child; or

13-29 2. Are in arrears in the payment for the support of one or more

13-30 children,

13-31 are repealed by the Congress of the United States.

13-32 Sec. 24. The division of industrial relations of the department of

13-33 business and industry shall adopt the regulations required by section 2 of

13-34 this act on or before February 1, 2000.

13-35 Sec. 25. 1. This section and sections 6 and 7 of this act become

13-36 effective upon passage and approval.

13-37 2. Sections 1 to 5, inclusive, and 8 to 24, inclusive, of this act become

13-38 effective upon passage and approval for the purpose of the adoption of

13-39 regulations by the division of industrial relations of the department of

13-40 business and industry pursuant to section 2 of this act and on February 1,

13-41 2000, for all other purposes.

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