AB112

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 certain places of employment where explosives are manufactured. (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 manufactured; providing exceptions; requiring annual certification of such places of employment and of persons training employees at those places of employment; requiring the disclosure of confidential information of the division to law enforcement agencies under certain circumstances; authorizing the legal counsel of the division to prosecute certain criminal violations of laws relating to labor and industrial relations; providing administrative penalties; 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 manufactured, or where an explosive is used, processed, handled,

1-6 transported or stored in relation to its manufacture, including, without

1-7 limitation, regulations requiring the:

1-8 (a) Establishment and implementation of safety plans and procedures;

1-9 (b) Establishment of safety zones at or around such places of

1-10 employment;

1-11 (c) Annual certification of such places of employment;

2-1 (d) Annual certification of trainers, production managers, supervisors

2-2 and other persons designated by an employer to provide an annual

2-3 training and testing program for employees; and

2-4 (e) Establishment and implementation of programs for the annual

2-5 training and testing of employees who are engaged in the manufacture of

2-6 an explosive, or the use, processing, handling, transportation or storage

2-7 of an explosive that is related to its manufacture, that will be conducted

2-8 by a trainer, production manager, supervisor or any other person

2-9 certified pursuant to paragraph (d).

2-10 2. If the standards and procedures adopted pursuant to this section

2-11 conflict with any ordinances of a local governing body regulating

2-12 explosives, the more stringent standard applies.

2-13 3. Except as otherwise provided in subsection 2, compliance with an

2-14 ordinance of a local governing body regulating explosives does not

2-15 excuse any person from complying with the standards and procedures

2-16 adopted by the division pursuant to this section.

2-17 4. Each employer engaged in the manufacture of explosives shall

2-18 provide to each of his employees, who in the course of their employment

2-19 are directly involved in the manufacture of explosives, or the handling of

2-20 an explosive or any hazardous component thereof, an annual training

2-21 and testing program that has been approved by the division in

2-22 accordance with subsection 1. The annual training must be conducted by

2-23 a trainer, production manager, supervisor or other person certified by the

2-24 division to provide such training. An employer shall not allow an

2-25 employee to engage in employment that requires the employee to be

2-26 directly involved in the manufacture of explosives, or the handling of an

2-27 explosive or any hazardous component thereof, until the employee has

2-28 completed the applicable training and testing program required pursuant

2-29 to this subsection. Any violation of this subsection by an employer

2-30 constitutes a serious violation which is subject to the provisions of NRS

2-31 618.645.

2-32 5. Notwithstanding any provision of this section to the contrary, the

2-33 provisions of this section do not apply to the mining industry.

2-34 6. Except as otherwise provided in subsection 7, as used in this

2-35 section, "explosive" means gunpowders, powders used for blasting, all

2-36 forms of high explosives, blasting materials, fuses other than electric

2-37 circuit breakers, detonators and other detonating agents, smokeless

2-38 powders, other explosive or incendiary devices and any chemical

2-39 compound, mechanical mixture or device that contains any oxidizing and

2-40 combustible units, or other ingredients, in such proportions, quantities or

2-41 packing that ignition by fire, friction, concussion, percussion, or

2-42 detonation of the compound, mixture or device or any part thereof may

2-43 cause an explosion.

3-1 7. For the purposes of this section, an explosive does not include:

3-2 (a) Ammunition for small arms, or any component thereof;

3-3 (b) Black powder commercially manufactured in quantities that do

3-4 not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

3-5 quills, quick and slow matches, and friction primers that are intended to

3-6 be used solely for sporting, recreation or cultural purposes:

3-7 (1) In an antique firearm, as that term is defined in 18 U.S.C. §

3-8 921(a)(16), as that section existed on January 1, 1999; or

3-9 (2) In an antique device which is exempted from the definition of

3-10 "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section

3-11 existed on January 1, 1999; or

3-12 (c) Any explosive that is manufactured under the regulation of a

3-13 military department of the United States, or that is distributed to, or

3-14 possessed or stored by, the military or naval service or any other agency

3-15 of the United States, or an arsenal, a navy yard, a depot or any other

3-16 establishment owned by or operated on behalf of the United States.

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

3-18 as a trainer, production manager, supervisor or other person designated

3-19 by an employer to provide annual training and testing programs to

3-20 employees pursuant to section 2 of this act shall submit with his

3-21 application the statement prescribed by the welfare division of the

3-22 department of human resources pursuant to NRS 425.520. The statement

3-23 must be completed and signed by the applicant.

3-24 2. The division shall include the statement required pursuant to

3-25 subsection 1 in:

3-26 (a) The application or any other forms that must be submitted for the

3-27 issuance or renewal of the certification; or

3-28 (b) A separate form prescribed by the division.

3-29 3. Certification as a trainer, production manager, supervisor or other

3-30 person designated by an employer to provide annual training and testing

3-31 programs to employees pursuant to section 2 of this act may not be issued

3-32 or renewed pursuant to section 2 of this act if the applicant:

3-33 (a) Fails to submit the statement required pursuant to subsection 1; or

3-34 (b) Indicates on the statement submitted pursuant to subsection 1 that

3-35 he is subject to a court order for the support of a child and is not in

3-36 compliance with the order or a plan approved by the district attorney or

3-37 other public agency enforcing the order for the repayment of the amount

3-38 owed pursuant to the order.

3-39 4. If an applicant indicates on the statement submitted pursuant to

3-40 subsection 1 that he is subject to a court order for the support of a child

3-41 and is not in compliance with the order or a plan approved by the district

3-42 attorney or other public agency enforcing the order for the repayment of

3-43 the amount owed pursuant to the order, the person to whom the

4-1 application was submitted shall advise the applicant to contact the district

4-2 attorney or other public agency enforcing the order to determine the

4-3 actions that the applicant may take to satisfy the arrearage.

4-4 Sec. 4. An application for the issuance of certification as a trainer,

4-5 production manager, supervisor or other person designated by an

4-6 employer to provide annual training and testing programs to employees

4-7 pursuant to section 2 of this act must include the social security number

4-8 of the applicant.

4-9 Sec. 5. 1. If the division receives a copy of a court order issued

4-10 pursuant to NRS 425.540 that provides for the suspension of all

4-11 professional, occupational and recreational licenses, certificates and

4-12 permits issued to a person who has been certified as a trainer, production

4-13 manager, supervisor or other person designated by an employer to

4-14 provide annual training and testing programs to employees pursuant to

4-15 section 2 of this act, the division shall deem the certification issued to

4-16 that person to be suspended at the end of the 30th day after the date on

4-17 which the court order was issued unless the division receives a letter

4-18 issued by the district attorney or other public agency pursuant to NRS

4-19 425.550 to the person who has been issued the certification stating that

4-20 the person has complied with the subpoena or warrant or has satisfied

4-21 the arrearage pursuant to NRS 425.560.

4-22 2. The division shall reinstate the certification of a trainer,

4-23 production manager, supervisor or other person designated by an

4-24 employer to provide annual training and testing programs to employees

4-25 pursuant to section 2 of this act that has been suspended by a district

4-26 court pursuant to NRS 425.540 if the division receives a letter issued by

4-27 the district attorney or other public agency pursuant to NRS 425.550 to

4-28 the person whose certification was suspended stating that the person

4-29 whose certification was suspended has complied with the subpoena or

4-30 warrant or has satisfied the arrearage pursuant to NRS 425.560.

4-31 Sec. 6. NRS 618.341 is hereby amended to read as follows:

4-32 618.341 1. Except as otherwise provided in this section, the public

4-33 may inspect all records of the division which contain information

4-34 regarding:

4-35 (a) An oral or written complaint filed by an employee or a representative

4-36 of employees alleging the existence of an imminent danger or a violation of

4-37 a safety or health standard that threatens physical harm;

4-38 (b) The manner in which the division acted on any such complaint;

4-39 (c) Any citation issued by the division to an employer and the reason for

4-40 its issuance; and

4-41 (d) Any penalty imposed by the division on an employer and the reason

4-42 therefor.

5-1 2. The division shall, upon oral or written request and payment of any

5-2 applicable charges, provide to any person a copy of any record of the

5-3 division which is open to public inspection pursuant to subsection 1. The

5-4 first six pages reproduced pursuant to each such request must be provided

5-5 without charge. The charge for each additional page copied must not

5-6 exceed the cost of reproduction.

5-7 3. [~~The]~~ Except as otherwise provided in subsection 4, the division

5-8 shall keep confidential:

5-9 (a) The name of any employee who filed any complaint against an

5-10 employer or who made any statement to the division concerning an

5-11 employer; and

5-12 (b) Any information which is part of a current investigation by the

5-13 division, but the fact that an investigation is being conducted is public

5-14 information.

5-15 [~~For the purposes of]~~ As used in this subsection, "current investigation"

5-16 means any investigation conducted before the issuance of a citation or

5-17 notice of violation or, if no citation or notice of violation is issued, an

5-18 investigation which is not closed.

5-19 4. The division shall, upon the receipt of a written request from a law

5-20 enforcement agency, disclose otherwise confidential information to that

5-21 law enforcement agency for the limited purpose of pursuing a criminal

5-22 investigation.

5-23 Sec. 7. NRS 618.365 is hereby amended to read as follows:

5-24 618.365 1. This chapter does not supersede or in any manner affect

5-25 the Nevada Industrial Insurance Act [,] or the Nevada Occupational

5-26 Diseases Act or enlarge, diminish or affect in any other manner the

5-27 common law or statutory rights, duties or liabilities of employers and

5-28 employees under the laws of this state with respect to injuries, occupational

5-29 or other, diseases or death of employees arising out of or in the course of

5-30 employment.

5-31 2. Statements, reports and information obtained or received by the

5-32 division in connection with an investigation under, or the administration or

5-33 enforcement of, the provisions of this chapter must not be admitted as

5-34 evidence in any civil action other than an action for enforcement, variance

5-35 hearing or review under this chapter.

5-36 3. Any report of investigation or inspection or any information

5-37 concerning trade secrets or secret industrial processes obtained under this

5-38 chapter must not be disclosed or open to public inspection , except [~~as]~~ :

5-39 (a) As such information may be disclosed to other officers or employees

5-40 concerned with carrying out this chapter [~~or when]~~ ;

5-41 (b) When relevant in any court proceeding under this chapter [.] ; or

5-42 (c) As otherwise provided in NRS 618.341.

6-1 4. The division, the courts, and where applicable, the review board

6-2 may issue such orders as may be appropriate to protect the confidentiality

6-3 of trade secrets.

6-4 Sec. 7.5. NRS 232.660 is hereby amended to read as follows:

6-5 232.660 1. The administrator may:

6-6 (a) Appoint one or more legal counsel to provide services for the

6-7 division. If appointed, they are in the unclassified service of the state.

6-8 (b) Provide for contract services to be rendered by such other legal

6-9 counsel as are needed for assistance in administering the laws relating to

6-10 labor and industrial relations.

6-11 2. Each of the legal counsel must be an attorney admitted to practice

6-12 law in Nevada.

6-13 3. In the prosecution of all claims and actions referred to him, a legal

6-14 counsel has the same power as that vested in the district attorneys of the

6-15 several counties to [~~enforce]~~ :

6-16 (a) Enforce the laws relating to labor and industrial relations [~~, except~~

6-17 ~~that a legal counsel does not have the authority to prosecute]~~ ; and

6-18 (b) Prosecute for criminal violations of such laws.

6-19 Sec. 8. NRS 244.2961 is hereby amended to read as follows:

6-20 244.2961 1. The board of county commissioners may by ordinance

6-21 create a district for a fire department. The board of county commissioners

6-22 is ex officio the governing body of any district created pursuant to this

6-23 section and may:

6-24 (a) Organize, regulate and maintain the fire department.

6-25 (b) Appoint and prescribe the duties of the fire chief.

6-26 (c) Designate arson investigators as peace officers.

6-27 (d) Regulate or prohibit the storage of any explosive, combustible or

6-28 inflammable material in or transported through the county, and prescribe

6-29 the distance from any residential or commercial area where it may be kept.

6-30 Any ordinance adopted pursuant to this paragraph that regulates places

6-31 of employment where explosives are stored must be at least as stringent

6-32 as the standards and procedures adopted by the division of industrial

6-33 relations of the department of business and industry pursuant to section

6-34 2 of this act.

6-35 (e) Establish, by ordinance, a fire code and other regulations necessary

6-36 to carry out the purposes of this section.

6-37 (f) Include the budget of the district in the budget of the county.

6-38 (g) Hold meetings of the governing body of the district in conjunction

6-39 with the meetings of the board of county commissioners without posting

6-40 additional notices of the meetings within the district.

6-41 2. The other officers and employees of the county shall perform duties

6-42 for the district that correspond to the duties they perform for the county.

7-1 3. All persons employed to perform the functions of the fire

7-2 department are employees of the county for all purposes.

7-3 Sec. 9. NRS 266.310 is hereby amended to read as follows:

7-4 266.310 The city council may:

7-5 1. Organize, regulate and maintain a fire department.

7-6 2. Prescribe the duties of the fire chief.

7-7 3. Designate arson investigators as peace officers.

7-8 4. Regulate or prohibit the storage of any explosive, combustible or

7-9 inflammable material in or transported through the city, and prescribe the

7-10 distance from any residential or commercial area where it may be kept. Any

7-11 ordinance adopted pursuant to this subsection that regulates places of

7-12 employment where explosives are stored must be at least as stringent as

7-13 the standards and procedures adopted by the division of industrial

7-14 relations of the department of business and industry pursuant to section

7-15 2 of this act.

7-16 5. Establish, by ordinance, a fire code and other regulations necessary

7-17 to carry out the purposes of this section.

7-18 Sec. 10. NRS 269.220 is hereby amended to read as follows:

7-19 269.220 In addition to the powers and jurisdiction conferred by other

7-20 laws, the town board or board of county commissioners [~~shall have the~~

7-21 ~~power and duty to]~~ may regulate the storage of gunpowder and other

7-22 explosive or combustible materials. Any ordinance adopted pursuant to

7-23 this section that regulates places of employment where explosives are

7-24 stored must be at least as stringent as the standards and procedures

7-25 adopted by the division of industrial relations of the department of

7-26 business and industry pursuant to section 2 of this act.

7-27 Sec. 11. NRS 477.030 is hereby amended to read as follows:

7-28 477.030 1. Except as otherwise provided in this section, the state fire

7-29 marshal shall enforce all laws and adopt regulations relating to:

7-30 (a) The prevention of fire.

7-31 (b) The storage and use of [~~combustibles,]~~ :

7-32 (1) Combustibles, flammables and fireworks [.

7-33 ~~(c) The storage and use of explosives]~~ ; and

7-34 (2) Explosives in any commercial construction, but not in mining or

7-35 the control of avalanches [.

7-36 ~~(d)]~~ ,

7-37 under those circumstances that are not otherwise regulated by the

7-38 division of industrial relations of the department of business and industry

7-39 pursuant to section 2 of this act.

7-40 (c) The safety, access, means and adequacy of exit in case of fire from

7-41 mental and penal institutions, facilities for the care of children, foster

7-42 homes, residential facilities for groups, facilities for intermediate care,

7-43 nursing homes, hospitals, schools, all buildings, except private residences,

8-1 which are occupied for sleeping purposes, buildings used for public

8-2 assembly and all other buildings where large numbers of persons work, live

8-3 or congregate for any purpose. As used in this paragraph, "public

8-4 assembly" means a building or a portion of a building used for the

8-5 gathering together of 50 or more persons for purposes of deliberation,

8-6 education, instruction, worship, entertainment, amusement or awaiting

8-7 transportation, or the gathering together of 100 or more persons in

8-8 establishments for drinking or dining.

8-9 [~~(e)]~~ (d) The suppression and punishment of arson and fraudulent claims

8-10 or practices in connection with fire losses.

8-11 The regulations of the state fire marshal apply throughout the state, but,

8-12 except with respect to state-owned or state-occupied buildings, his

8-13 authority to enforce them or conduct investigations under this chapter is

8-14 limited to those counties whose population is less than 35,000, except in

8-15 those local jurisdictions in other counties where he is requested to exercise

8-16 that authority by the chief officer of the organized fire department of that

8-17 jurisdiction.

8-18 2. The state fire marshal may set standards for equipment and

8-19 appliances pertaining to fire safety or to be used for fire protection within

8-20 this state, including the threads used on fire hose couplings and hydrant

8-21 fittings.

8-22 3. The state fire marshal shall cooperate with the state forester

8-23 firewarden in the preparation of regulations relating to standards for fire

8-24 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

8-25 NRS 472.040.

8-26 4. The state fire marshal shall cooperate with the division of child and

8-27 family services of the department of human resources in establishing

8-28 reasonable minimum standards for overseeing the safety of and directing

8-29 the means and adequacy of exit in case of fire from family foster homes and

8-30 group foster homes.

8-31 5. The state fire marshal shall coordinate all activities conducted

8-32 pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f

8-33 and 278g, and receive and distribute money allocated by the United States

8-34 pursuant to that act.

8-35 6. Except as otherwise provided in subsection 10, the state fire marshal

8-36 shall:

8-37 (a) Investigate any fire which occurs in a county whose population is

8-38 less than 35,000, and from which a death results or which is of a suspicious

8-39 nature.

8-40 (b) Investigate any fire which occurs in a county whose population is

8-41 35,000 or more, and from which a death results or which is of a suspicious

8-42 nature, if requested to do so by the chief officer of the fire department in

8-43 whose jurisdiction the fire occurs.

9-1 (c) Cooperate with the commissioner of insurance in any investigation

9-2 of a fraudulent claim under an insurance policy for any fire of a suspicious

9-3 nature.

9-4 (d) Cooperate with any local fire department in the investigation of any

9-5 report received pursuant to NRS 629.045.

9-6 (e) Provide specialized training in investigating the causes of fires if

9-7 requested to do so by the chief officer of an organized fire department.

9-8 7. The state fire marshal shall put the Uniform Fire Incident Reporting

9-9 System into effect throughout the state and publish at least annually a

9-10 summary of data collected under the system.

9-11 8. The state fire marshal shall provide assistance and materials to local

9-12 authorities, upon request, for the establishment of programs for public

9-13 education and other fire prevention activities.

9-14 9. The state fire marshal shall:

9-15 (a) Assist in checking plans and specifications for construction;

9-16 (b) Provide specialized training to local fire departments; and

9-17 (c) Assist local governments in drafting regulations and ordinances,

9-18 on request or as he deems necessary.

9-19 10. In a county whose population is less than 35,000, the state fire

9-20 marshal shall, upon request by a local government, delegate to the local

9-21 government by interlocal agreement all or a portion of his authority or

9-22 duties if the local government’s personnel and programs are, as determined

9-23 by the state fire marshal, equally qualified to perform those functions. If a

9-24 local government fails to maintain the qualified personnel and programs in

9-25 accordance with such an agreement, the state fire marshal shall revoke the

9-26 agreement.

9-27 Sec. 12. (Deleted by amendment.)

9-28 Sec. 13. Section 2.160 of the charter of the City of Caliente, being

9-29 chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read

9-30 as follows:

9-31 Sec. 2.160 Powers of city council: Fire protection; regulation

9-32 of explosives, inflammable materials; fire codes and regulations.

9-33 The city council may:

9-34 1. Organize, regulate and maintain a fire department.

9-35 2. Provide for the appointment of a fire chief and prescribe his

9-36 duties.

9-37 3. Regulate or prohibit the storage of any explosive,

9-38 combustible or inflammable material in or transported through the

9-39 city, and prescribe the distance from any residential or commercial

9-40 area where it may be kept. Any ordinance adopted pursuant to this

9-41 subsection that regulates places of employment where explosives

9-42 are stored must be at least as stringent as the standards and

10-1 procedures adopted by the division of industrial relations of the

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

10-3 act.

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

10-5 necessary to carry out the purposes of this section.

10-6 Sec. 14. Section 2.170 of the charter of the City of Carlin, being

10-7 chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to

10-8 read as follows:

10-9 Sec. 2.170 Powers of board of councilmen: Fire protection;

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

10-11 regulations. The board of councilmen may:

10-12 1. Organize, regulate and maintain a fire department.

10-13 2. Provide for the appointment of a fire chief and prescribe his

10-14 duties.

10-15 3. Regulate or prohibit the storage of any explosive,

10-16 combustible or inflammable material in or transported through the

10-17 city, and prescribe the distance from any residential or commercial

10-18 area where it may be kept. Any ordinance adopted pursuant to this

10-19 subsection that regulates places of employment where explosives

10-20 are stored must be at least as stringent as the standards and

10-21 procedures adopted by the division of industrial relations of the

10-22 department of business and industry pursuant to section 2 of this

10-23 act.

10-24 4. Establish, by ordinance, a fire code and other regulations

10-25 necessary to carry out the purposes of this section.

10-26 Sec. 15. Section 2.165 of the charter of Carson City, being chapter

10-27 118, Statutes of Nevada 1985, at page 474, is hereby amended to read as

10-28 follows:

10-29 Sec. 2.165 Power of board: Regulation of hazardous material.

10-30 The board may regulate or prohibit the storage within or

10-31 transportation through Carson City of any explosive, combustible,

10-32 toxic or other hazardous material. Any ordinance adopted pursuant

10-33 to this section that regulates places of employment where

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

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

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

10-37 this act.

10-38 Sec. 16. Section 2.200 of the charter of the City of Elko, being chapter

10-39 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as

10-40 follows:

10-41 Sec. 2.200 Powers of board of supervisors: Fire protection;

10-42 regulation of explosives, inflammable materials; fire codes and

10-43 regulations. The board of supervisors may:

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

11-2 2. Provide for the appointment of a fire chief and prescribe his

11-3 duties.

11-4 3. Regulate or prohibit the storage of any explosive,

11-5 combustible or inflammable material in or transported through the

11-6 city, and prescribe the distance from any residential or commercial

11-7 area where it may be kept. Any ordinance adopted pursuant to this

11-8 subsection that regulates places of employment where explosives

11-9 are stored must be at least as stringent as the standards and

11-10 procedures adopted by the division of industrial relations of the

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

11-12 act.

11-13 4. Establish, by ordinance, a fire code and other regulations

11-14 necessary to carry out the purposes of this section, and to provide

11-15 for the prevention, suppression and extinguishment of fires and

11-16 conditions hazardous to life and property from fire, explosion or

11-17 combustion, and to provide for the enforcement of all such codes

11-18 and regulations by imposing adequate penalties for violations

11-19 thereof.

11-20 Sec. 17. Section 2.170 of the charter of the City of Gabbs, being

11-21 chapter 265, Statutes of Nevada 1971, at page 391, is hereby amended to

11-22 read as follows:

11-23 Sec. 2.170 Powers of board of councilmen: Fire protection;

11-24 regulation of explosives, inflammable materials; fire codes and

11-25 regulations. The board of councilmen may:

11-26 1. Organize, regulate and maintain a fire department.

11-27 2. Provide for the appointment of a fire chief and prescribe his

11-28 duties.

11-29 3. Regulate or prohibit the storage of any explosive,

11-30 combustible or inflammable material in or transported through the

11-31 city, and prescribe the distance from any residential or commercial

11-32 area where it may be kept. Any ordinance adopted pursuant to this

11-33 subsection that regulates places of employment where explosives

11-34 are stored must be at least as stringent as the standards and

11-35 procedures adopted by the division of industrial relations of the

11-36 department of business and industry pursuant to section 2 of this

11-37 act.

11-38 4. Establish, by ordinance, a fire code and other regulations

11-39 necessary to carry out the purposes of this section.

12-1 Sec. 18. Section 2.160 of the charter of the City of Henderson, being

12-2 chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to

12-3 read as follows:

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

12-5 of explosives, inflammable 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 inflammable 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. 19. Section 2.170 of the charter of the City of Las Vegas, being

12-20 chapter 517, Statutes of Nevada 1983, at page 1399, is hereby amended to

12-21 read as follows:

12-22 Sec. 2.170 Powers of city council: Fire protection; regulation

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

12-24 The city council may:

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

12-26 2. Regulate or prohibit the storage in or the transportation

12-27 through the city of any explosive, combustible or inflammable

12-28 material and prescribe the location within the city where those

12-29 materials may be kept. Any ordinance adopted pursuant to this

12-30 subsection that regulates places of employment where explosives

12-31 are stored must be at least as stringent as the standards and

12-32 procedures adopted by the division of industrial relations of the

12-33 department of business and industry pursuant to section 2 of this

12-34 act.

12-35 3. Establish by ordinance a fire code and other regulations

12-36 which are necessary to provide for the prevention of and protection

12-37 against fires and to carry out the purposes of this section.

12-38 4. Suspend or revoke the license of any business for its failure

12-39 to comply with any regulation which is adopted pursuant to this

12-40 section.

13-1 Sec. 20. Section 2.160 of the charter of the City of North Las Vegas,

13-2 being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby

13-3 amended to read as follows:

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

13-5 of explosives, flammable materials; fire codes and regulations.
13-6 The city council may:

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

13-8 2. Regulate or prohibit the storage of any explosive,

13-9 combustible or flammable material in or transported through the

13-10 city, and prescribe the distance from any residential or commercial

13-11 area where it may be kept. Any ordinance adopted pursuant to this

13-12 subsection that regulates places of employment where explosives

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

13-14 procedures adopted by the division of industrial relations of the

13-15 department of business and industry pursuant to section 2 of this

13-16 act.

13-17 3. Establish, by ordinance, a fire code and other regulations

13-18 necessary to carry out the purposes of this section.

13-19 Sec. 21. Section 2.170 of the charter of the City of Wells, being

13-20 chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to

13-21 read as follows:

13-22 Sec. 2.170 Powers of board of councilmen: Fire protection;

13-23 regulation of explosives, inflammable materials; fire codes and

13-24 regulations. The board of councilmen may:

13-25 1. Organize, regulate and maintain a fire department.

13-26 2. Provide for the appointment of a fire chief and prescribe his

13-27 duties.

13-28 3. Regulate or prohibit the storage of any explosive,

13-29 combustible or inflammable material in or transported through the

13-30 city, and prescribe the distance from any residential or commercial

13-31 area where it may be kept. Any ordinance adopted pursuant to this

13-32 subsection that regulates places of employment where explosives

13-33 are stored must be at least as stringent as the standards and

13-34 procedures adopted by the division of industrial relations of the

13-35 department of business and industry pursuant to section 2 of this

13-36 act.

13-37 4. Establish, by ordinance, a fire code and other regulations

13-38 necessary to carry out the purposes of this section.

14-1 Sec. 22. Section 2.160 of the charter of the City of Yerington, being

14-2 chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to

14-3 read as follows:

14-4 Sec. 2.160 Powers of city council: Fire protection; regulation

14-5 of explosives, inflammable materials; fire codes and regulations.

14-6 The city council may:

14-7 1. Organize, regulate and maintain a fire department.

14-8 2. Provide for the appointment of a fire chief and prescribe his

14-9 duties.

14-10 3. Regulate or prohibit the storage of any explosive,

14-11 combustible or inflammable material in or transported through the

14-12 city, and prescribe the distance from any residential or commercial

14-13 area where it may be kept. Any ordinance adopted pursuant to this

14-14 subsection that regulates places of employment where explosives

14-15 are stored must be at least as stringent as the standards and

14-16 procedures adopted by the division of industrial relations of the

14-17 department of business and industry pursuant to section 2 of this

14-18 act.

14-19 4. Establish, by ordinance, a fire code and other regulations

14-20 necessary to carry out the purposes of this section.

14-21 Sec. 23. Sections 3, 4 and 5 of this act expire by limitation on the date

14-22 on which the provisions of 42 U.S.C. § 666 requiring each state to establish

14-23 procedures under which the state has authority to withhold or suspend, or to

14-24 restrict the use of professional, occupational and recreational licenses of

14-25 persons who:

14-26 1. Have failed to comply with a subpoena or warrant relating to a

14-27 proceeding to determine the paternity of a child or to establish or enforce

14-28 an obligation for the support of a child; or

14-29 2. Are in arrears in the payment for the support of one or more

14-30 children,

14-31 are repealed by the Congress of the United States.

14-32 Sec. 24. The division of industrial relations of the department of

14-33 business and industry shall adopt the regulations required by section 2 of

14-34 this act on or before February 1, 2000.

14-35 Sec. 25. 1. This section and sections 6, 7 and 7.5 of this act become

14-36 effective upon passage and approval.

14-37 2. Sections 1 to 5, inclusive, and 8 to 24, inclusive, of this act become

14-38 effective upon passage and approval for the purpose of the adoption of

14-39 regulations by the division of industrial relations of the department of

14-40 business and industry pursuant to section 2 of this act and on February 1,

14-41 2000, for all other purposes.