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 grass,

2-29 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. Except as otherwise provided in this section, the state fire

2-36 marshal shall adopt regulations relating to the types of fireworks that a

2-37 local government may regulate. The types of fireworks that the state fire

2-38 marshal may authorize must be listed in section 3.1 of Standard 87-1,

2-39 "Standard for Construction and Approval for Transportation of

2-40 Fireworks, Novelties and Theatrical Pyrotechnics," 1993 edition, adopted

2-41 by the American Pyrotechnics Association, except the state fire marshal

2-42 shall not authorize the types of fireworks listed in sections 3.1.2 and 3.1.3

2-43 of Standard 87-1.

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, "pyrotechnic composition" means any

3-14 combination of chemical elements or compounds capable of burning

3-15 independently of the oxygen in the atmosphere.

3-16 Sec. 4. 1. The state fire marshal has primary authority to enforce

3-17 the provisions of this chapter regarding fireworks or a regulation adopted

3-18 thereto.

3-19 2. A person who stores or uses fireworks in violation of the

3-20 provisions of this chapter or a regulation regarding fireworks adopted by

3-21 the state fire marshal pursuant to this chapter shall reimburse the state

3-22 fire marshal and any agency of the state or local government for the

3-23 costs incurred by the state fire marshal or agency to:

3-24 (a) Investigate any such violation.

3-25 (b) Suppress a fire resulting from the storage or use of fireworks.

3-26 (c) Confiscate and dispose of any fireworks stored or possessed in

3-27 violation of the provisions of this chapter or a regulation regarding

3-28 fireworks adopted by the state fire marshal.

3-29 3. The state fire marshal or any agency of this state or a local

3-30 government may institute a legal proceeding to enforce the provisions of

3-31 subsection 2.

3-32 Sec. 5. NRS 477.030 is hereby amended to read as follows:

3-33 477.030 1. Except as otherwise provided in this section, the state fire

3-43 nursing homes, hospitals, schools, all buildings, except private residences,

4-1 which are occupied for sleeping purposes, buildings used for public

4-2 assembly and all other buildings where large numbers of persons work, live

4-3 or congregate for any purpose. As used in this paragraph, "public

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

4-5 gathering together of 50 or more persons for purposes of deliberation,

4-6 education, instruction, worship, entertainment, amusement or awaiting

4-7 transportation, or the gathering together of 100 or more persons in

4-8 establishments for drinking or dining.

4-9 (e) The suppression and punishment of arson and fraudulent claims or

4-10 practices in connection with fire losses.

4-11 (f) Fireworks, in accordance with section 3 of this act.

4-12 The regulations of the state fire marshal apply throughout the state, but,

4-13 except with respect to state-owned or state-occupied buildings, his

4-14 authority to enforce them or conduct investigations under this chapter is

4-15 limited to those counties whose population is less than 35,000, except in

4-16 those local jurisdictions in other counties where he is requested to exercise

4-17 that authority by the chief officer of the organized fire department of that

4-18 jurisdiction.

4-19 2. The state fire marshal may set standards for equipment and

4-20 appliances pertaining to fire safety or to be used for fire protection within

4-21 this state, including the threads used on fire hose couplings and hydrant

4-22 fittings.

4-23 3. The state fire marshal shall cooperate with the state forester

4-24 firewarden in the preparation of regulations relating to standards for fire

4-25 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

4-26 NRS 472.040.

4-27 4. The state fire marshal shall cooperate with the division of child and

4-28 family services of the department of human resources in establishing

4-29 reasonable minimum standards for overseeing the safety of and directing

4-30 the means and adequacy of exit in case of fire from family foster homes and

4-31 group foster homes.

4-32 5. The state fire marshal shall coordinate all activities conducted

4-33 pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. [§§ 278f

4-34 and 278g,] § 278f, and receive and distribute money allocated by the

4-35 United States pursuant to that act.

4-36 6. Except as otherwise provided in subsection 10, the state fire marshal

4-37 shall:

4-38 (a) Investigate any fire which occurs in a county whose population is

4-39 less than 35,000, and from which a death results or which is of a suspicious

4-40 nature.

4-41 (b) Investigate any fire which occurs in a county whose population is

4-42 35,000 or more, and from which a death results or which is of a suspicious

5-1 nature, if requested to do so by the chief officer of the fire department in

5-2 whose jurisdiction the fire occurs.

5-3 (c) Cooperate with the commissioner of insurance in any investigation of

5-4 a fraudulent claim under an insurance policy for any fire of a suspicious

5-5 nature.

5-6 (d) Cooperate with any local fire department in the investigation of any

5-7 report received pursuant to NRS 629.045.

5-8 (e) Provide specialized training in investigating the causes of fires if

5-9 requested to do so by the chief officer of an organized fire department.

5-10 7. The state fire marshal shall put the Uniform Fire Incident Reporting

5-11 System into effect throughout the state and publish at least annually a

5-12 summary of data collected under the system.

5-13 8. The state fire marshal shall provide assistance and materials to local

5-14 authorities, upon request, for the establishment of programs for public

5-15 education and other fire prevention activities.

5-16 9. The state fire marshal shall:

5-17 (a) Assist in checking plans and specifications for construction;

5-18 (b) Provide specialized training to local fire departments; and

5-19 (c) Assist local governments in drafting regulations and ordinances,

5-20 on request or as he deems necessary.

5-21 10. In a county whose population is less than 35,000, the state fire

5-22 marshal shall, upon request by a local government, delegate to the local

5-23 government by interlocal agreement all or a portion of his authority or

5-24 duties if the local government’s personnel and programs are, as determined

5-25 by the state fire marshal, equally qualified to perform those functions. If a

5-26 local government fails to maintain the qualified personnel and programs in

5-27 accordance with such an agreement, the state fire marshal shall revoke the

5-28 agreement.

5-29 Sec. 6. NRS 244.367 is hereby amended to read as follows:

5-30 244.367 [The] A board of county commissioners [shall have power and

5-36 to chapter 477 of NRS.

5-37 Sec. 7. NRS 266.310 is hereby amended to read as follows:

5-38 266.310 The city council may:

5-41 3. Designate arson investigators as peace officers.

6-1 4. Regulate or prohibit the storage of any explosive, combustible or

6-2 inflammable material in or transported through the city, and prescribe the

6-3 distance from any residential or commercial area where it may be kept.

6-4 5. Adopt ordinances prohibiting, restricting, suppressing or otherwise

6-5 regulating the manufacture, sale, use, storage and possession of

6-6 fireworks, if the ordinances are at least as restrictive as the regulations

6-7 adopted by the state fire marshal pursuant to chapter 477 of NRS.

6-8 6. Establish, by ordinance, a fire code and other regulations necessary

6-9 to carry out the purposes of this section.

6-10 Sec. 8. NRS 269.220 is hereby amended to read as follows:

6-11 269.220 In addition to the powers and jurisdiction conferred by other

6-15 materials [.] ; and

6-16 2. The manufacture, sale, use, storage and possession of fireworks, if

6-17 such regulations are at least as restrictive as the regulations adopted by

6-18 the state fire marshal pursuant to chapter 477 of NRS.