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).

1-1 Section 1. NRS 474.160 is hereby amended to read as follows:

1-2 474.160 The board of directors shall:

1-10 handling and use of hazardous substances, materials and devices; and

2-1 (b) Hazardous conditions relating to the use or occupancy of any

2-2 premises.

2-3 Any regulation concerning hazardous substances, materials or devices

2-4 adopted pursuant to this section must be consistent with any plan or

2-5 ordinance concerning such substances, materials or devices that is required

2-6 by the Federal Government and has been adopted by a board of county

2-7 commissioners. Any regulation prohibiting, restricting, suppressing or

2-8 otherwise regulating the manufacture, sale, use, storage or possession of

2-9 fireworks must be at least as restrictive as the regulations adopted by the

2-10 state fire marshal pursuant to chapter 477 of NRS.

2-11 3. Organize, regulate, establish and disband fire companies,

2-12 departments or volunteer fire departments for the district.

2-13 4. Make and execute in the name of the district all necessary contracts.

2-14 5. Adopt a seal for the district to be used in the attestation of proper

2-15 documents.

2-16 6. Provide for the payment from the proper fund of all the debts and

2-17 just claims against the district.

2-18 7. Employ agents and employees for the district sufficient to maintain

2-19 and operate the property acquired for the purposes of the district.

2-20 8. Acquire real or personal property necessary for the purposes of the

2-21 district and dispose of that property when no longer needed.

2-22 9. Construct any necessary structures.

2-23 10. Acquire, hold and possess, either by donation or purchase, in the

2-24 name and on behalf of the district any land or other property necessary for

2-25 the purpose of the district.

2-26 11. Eliminate and remove fire hazards within the district wherever

2-27 practicable and possible, whether on private or public premises, and to that

2-28 end the board may clear the public highways and private lands of dry

2-29 grass, stubble, brush, rubbish or other inflammable material in its judgment

2-30 constituting a fire hazard.

2-31 12. Perform all other acts necessary, proper and convenient to

2-32 accomplish the purposes of NRS 474.010 to 474.450, inclusive.

2-33 Sec. 2. Chapter 477 of NRS is hereby amended by adding thereto the

2-34 provisions set forth as sections 3 and 4 of this act.

2-35 Sec. 3. 1. In addition to the duties prescribed by NRS 477.030, the

2-36 state fire marshal shall, except as otherwise provided in this section,

2-37 enforce all laws and adopt regulations relating to the types of fireworks

2-38 that a local government may authorize for public use. The state fire

2-39 marshal shall not adopt regulations that entirely prohibit a local

2-40 government from authorizing fireworks for public use.

3-1 2. The state fire marshal shall not adopt any regulations pursuant to

3-2 this section which regulate a device that contains no magnesium and

3-3 fewer than 100 grams of pyrotechnic composition, including, without

3-4 limitation:

3-5 (a) A match;

3-6 (b) An emergency signal flare;

3-7 (c) A cap or other noisemaker;

3-8 (d) A model rocket; or

3-9 (e) A smoke-emitting device for the protection of vehicles from

3-10 thieves.

3-11 3. The provisions of this section do not apply to commercial displays

3-12 of fireworks.

3-13 4. As used in this section:

3-14 (a) "Fireworks" means the following pyrotechnic devices:

3-15 (1) Fountains that:

3-16 (I) Consist of heavy paper or cardboard;

3-17 (II) Are shaped as a cylindrical tube or cone;

3-18 (III) Produce a shower of color and sparks that does not exceed a

3-19 height of 15 feet;

3-20 (IV) May produce a whistle or pop; and

3-21 (V) Are designed so that they do not explode or leave the ground;

3-22 (2) Wheels that contain no more than six driver units, each of

3-23 which:

3-24 (I) Has an inside diameter that does not exceed one-half of an

3-25 inch; and

3-26 (II) Contains no more than 60 grams of pyrotechnic

3-27 composition;

3-28 (3) Sparklers that contain no more than 100 grams of pyrotechnic

3-29 composition;

3-30 (4) Ground sparklers that:

3-31 (I) Contain no more than 60 grams of pyrotechnic composition;

3-32 and

3-33 (II) If discharged, do not travel laterally more than 10 feet on a

3-34 smooth surface;

3-35 (5) Torches and similar devices that contain no more than 100

3-36 grams of pyrotechnic composition;

3-37 (6) Smoke-producing devices that do not produce sparks or a

3-38 sufficient amount of heat to ignite the surfaces upon which they are

3-39 placed; and

3-40 (7) Devices that:

3-41 (I) Are designed to be placed on the ground;

3-42 (II) Spin, jump or emit popping sounds; and

4-1 (III) If discharged, do not attain a height of more than 15 feet or

4-2 travel laterally more than 10 feet on a smooth surface.

4-3 (b) "Pyrotechnic composition" means any combination of chemical

4-4 elements or compounds capable of burning independently of the oxygen

4-5 in the atmosphere.

4-6 Sec. 4. 1. A person who stores or uses fireworks in violation of the

4-7 provisions of this chapter or a regulation regarding fireworks adopted by

4-8 the state fire marshal pursuant to this chapter shall reimburse the state

4-9 fire marshal and any agency of the state or local government for the

4-10 costs incurred by the state fire marshal or agency to:

4-11 (a) Investigate any such violation.

4-12 (b) Suppress a fire resulting from the storage or use of fireworks.

4-13 (c) Confiscate and dispose of any fireworks stored or possessed in

4-14 violation of the provisions of this chapter or a regulation regarding

4-15 fireworks adopted by the state fire marshal.

4-16 2. The state fire marshal or any agency of this state or a local

4-17 government may institute a legal proceeding to enforce the provisions of

4-18 subsection 1.

4-19 Sec. 5. NRS 477.030 is hereby amended to read as follows:

4-20 477.030 1. Except as otherwise provided in this section, the state fire

5-1 (f) Fireworks, in accordance with section 3 of this act.

5-2 The regulations of the state fire marshal apply throughout the state, but,

5-3 except with respect to state-owned or state-occupied buildings, his

5-4 authority to enforce them or conduct investigations under this chapter is

5-5 limited to those counties whose population is less than 35,000, except in

5-6 those local jurisdictions in other counties where he is requested to exercise

5-7 that authority by the chief officer of the organized fire department of that

5-8 jurisdiction.

5-9 2. The state fire marshal may set standards for equipment and

5-10 appliances pertaining to fire safety or to be used for fire protection within

5-11 this state, including the threads used on fire hose couplings and hydrant

5-12 fittings.

5-13 3. The state fire marshal shall cooperate with the state forester

5-14 firewarden in the preparation of regulations relating to standards for fire

5-15 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

5-16 NRS 472.040.

5-17 4. The state fire marshal shall cooperate with the division of child and

5-18 family services of the department of human resources in establishing

5-19 reasonable minimum standards for overseeing the safety of and directing

5-20 the means and adequacy of exit in case of fire from family foster homes

5-21 and group foster homes.

5-22 5. The state fire marshal shall coordinate all activities conducted

5-23 pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. [§§ 278f

5-24 and 278g,] § 278f, and receive and distribute money allocated by the

5-25 United States pursuant to that act.

5-26 6. Except as otherwise provided in subsection 10, the state fire marshal

5-27 shall:

5-28 (a) Investigate any fire which occurs in a county whose population is

5-29 less than 35,000, and from which a death results or which is of a suspicious

5-30 nature.

5-31 (b) Investigate any fire which occurs in a county whose population is

5-32 35,000 or more, and from which a death results or which is of a suspicious

5-33 nature, if requested to do so by the chief officer of the fire department in

5-34 whose jurisdiction the fire occurs.

5-35 (c) Cooperate with the commissioner of insurance in any investigation

5-36 of a fraudulent claim under an insurance policy for any fire of a suspicious

5-37 nature.

5-38 (d) Cooperate with any local fire department in the investigation of any

5-39 report received pursuant to NRS 629.045.

5-40 (e) Provide specialized training in investigating the causes of fires if

5-41 requested to do so by the chief officer of an organized fire department.

6-1 7. The state fire marshal shall put the Uniform Fire Incident Reporting

6-2 System into effect throughout the state and publish at least annually a

6-3 summary of data collected under the system.

6-4 8. The state fire marshal shall provide assistance and materials to local

6-5 authorities, upon request, for the establishment of programs for public

6-6 education and other fire prevention activities.

6-7 9. The state fire marshal shall:

6-8 (a) Assist in checking plans and specifications for construction;

6-9 (b) Provide specialized training to local fire departments; and

6-10 (c) Assist local governments in drafting regulations and ordinances,

6-11 on request or as he deems necessary.

6-12 10. In a county whose population is less than 35,000, the state fire

6-13 marshal shall, upon request by a local government, delegate to the local

6-14 government by interlocal agreement all or a portion of his authority or

6-15 duties if the local government’s personnel and programs are, as determined

6-16 by the state fire marshal, equally qualified to perform those functions. If a

6-17 local government fails to maintain the qualified personnel and programs in

6-18 accordance with such an agreement, the state fire marshal shall revoke the

6-19 agreement.

6-20 Sec. 6. NRS 244.367 is hereby amended to read as follows:

6-21 244.367 [The] A board of county commissioners [shall have power

6-27 chapter 477 of NRS.

6-28 Sec. 7. NRS 266.310 is hereby amended to read as follows:

6-29 266.310 The city council may: