Assembly Bill No. 594–Committee on Government Affairs

(On Behalf of Commission on Workplace Safety)

March 17, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Clarifies class of counties in which state fire marshal may enforce certain laws and regulations and investigate certain violations. (BDR 42-773)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 the state fire marshal; clarifying the class of counties in which the state fire marshal may enforce certain laws and regulations and conduct certain investigations; 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. NRS 477.030 is hereby amended to read as follows:

1-2 477.030 1. Except as otherwise provided in this section, the state fire

1-3 marshal shall enforce all laws and adopt regulations relating to:

1-4 (a) The prevention of fire.

1-5 (b) The storage and use of combustibles, flammables and fireworks.

1-6 (c) The storage and use of explosives in any commercial construction,

1-7 but not in mining or the control of avalanches.

1-8 (d) The safety, access, means and adequacy of exit in case of fire from

1-9 mental and penal institutions, facilities for the care of children, foster

1-10 homes, residential facilities for groups, facilities for intermediate care,

1-11 nursing homes, hospitals, schools, all buildings, except private residences,

1-12 which are occupied for sleeping purposes, buildings used for public

1-13 assembly and all other buildings where large numbers of persons work,

1-14 live or congregate for any purpose. As used in this paragraph, "public

1-15 assembly" means a building or a portion of a building used for the

1-16 gathering together of 50 or more persons for purposes of deliberation,

2-1 education, instruction, worship, entertainment, amusement or awaiting

2-2 transportation, or the gathering together of 100 or more persons in

2-3 establishments for drinking or dining.

2-4 (e) The suppression and punishment of arson and fraudulent claims or

2-5 practices in connection with fire losses.

2-6 The regulations of the state fire marshal apply throughout the state, but,

2-7 except with respect to state-owned or state-occupied buildings, his

2-8 authority to enforce them or conduct investigations under this chapter [is

2-9 limited to those counties whose population is less than 35,000,] does not

2-10 extend to a county whose population is 100,000 or more or which has

2-11 been converted into a consolidated municipality, except in those local

2-12 jurisdictions in [other] those counties where he is requested to exercise that

2-13 authority by the chief officer of the organized fire department of that

2-14 jurisdiction.

2-15 2. The state fire marshal may set standards for equipment and

2-16 appliances pertaining to fire safety or to be used for fire protection within

2-17 this state, including the threads used on fire hose couplings and hydrant

2-18 fittings.

2-19 3. The state fire marshal shall cooperate with the state forester

2-20 firewarden in the preparation of regulations relating to standards for fire

2-21 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

2-22 NRS 472.040.

2-23 4. The state fire marshal shall cooperate with the division of child and

2-24 family services of the department of human resources in establishing

2-25 reasonable minimum standards for overseeing the safety of and directing

2-26 the means and adequacy of exit in case of fire from family foster homes

2-27 and group foster homes.

2-28 5. The state fire marshal shall coordinate all activities conducted

2-29 pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f

2-30 and 278g,] 2201 et seq. and receive and distribute money allocated by the

2-31 United States pursuant to that act.

2-32 6. Except as otherwise provided in subsection 10, the state fire marshal

2-33 shall:

2-34 (a) Investigate any fire which occurs in a county other than one whose

2-35 population is [less than 35,000,] 100,000 or more or which has been

2-36 converted into a consolidated municipality, and from which a death

2-37 results or which is of a suspicious nature.

2-38 (b) Investigate any fire which occurs in a county whose population is

2-39 [35,000 or more,] 100,000 or more or which has been converted into a

2-40 consolidated municipality, and from which a death results or which is of a

2-41 suspicious nature, if requested to do so by the chief officer of the fire

2-42 department in whose jurisdiction the fire occurs.

3-1 (c) Cooperate with the commissioner of insurance in any investigation

3-2 of a fraudulent claim under an insurance policy for any fire of a suspicious

3-3 nature.

3-4 (d) Cooperate with any local fire department in the investigation of any

3-5 report received pursuant to NRS 629.045.

3-6 (e) Provide specialized training in investigating the causes of fires if

3-7 requested to do so by the chief officer of an organized fire department.

3-8 7. The state fire marshal shall put the [Uniform] National Fire Incident

3-9 Reporting System into effect throughout the state and publish at least

3-10 annually a summary of data collected under the system.

3-11 8. The state fire marshal shall provide assistance and materials to local

3-12 authorities, upon request, for the establishment of programs for public

3-13 education and other fire prevention activities.

3-14 9. The state fire marshal shall:

3-15 (a) Assist in checking plans and specifications for construction;

3-16 (b) Provide specialized training to local fire departments; and

3-17 (c) Assist local governments in drafting regulations and ordinances,

3-18 on request or as he deems necessary.

3-19 10. In a county other than one whose population is [less than 35,000,]

3-20 100,000 or more or which has been converted into a consolidated

3-21 municipality, the state fire marshal shall, upon request by a local

3-22 government, delegate to the local government by interlocal agreement all

3-23 or a portion of his authority or duties if the local government’s personnel

3-24 and programs are, as determined by the state fire marshal, equally qualified

3-25 to perform those functions. If a local government fails to maintain the

3-26 qualified personnel and programs in accordance with such an agreement,

3-27 the state fire marshal shall revoke the agreement.

3-28 Sec. 2. NRS 477.100 is hereby amended to read as follows:

3-29 477.100 As used in NRS 477.110 to 477.170, inclusive, unless the

3-30 context otherwise requires, "authority" means:

3-31 1. The state fire marshal in a county other than one whose population

3-32 is [less than 35,000;] 100,000 or more or which has been converted into a

3-33 consolidated municipality;

3-34 2. Unless the county has enacted an ordinance designating the persons

3-35 who constitute the authority, the chief building official and chief officer of

3-36 the fire service of the jurisdiction in [any other county,] a county whose

3-37 population is 100,000 or more or which has been converted into a

3-38 consolidated municipality, and if they are unable to agree on any question,

3-39 "authority" includes the county manager or city manager, who shall cast

3-40 the deciding vote on that question; or

4-1 3. If the board of county commissioners of a county whose population

4-2 is [35,000 or more] 100,000 or more or which has been converted into a

4-3 consolidated municipality, or the governing body of a city in that county ,

4-4 has specified a person or persons to act as the authority, that person or

4-5 those persons.

4-6 Sec. 3. NRS 244.3673 is hereby amended to read as follows:

4-7 244.3673 The board of county commissioners of any county whose

4-8 population is [35,000 or more] 100,000 or more or which has been

4-9 converted into a consolidated municipality may provide by ordinance for

4-10 the investigation of fires in which a death has occurred or which are of a

4-11 suspicious origin, and for the enforcement of regulations adopted by the

4-12 state fire marshal.

4-13 Sec. 4. This act becomes effective upon passage and approval.

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