Assembly Bill No. 607–Committee on Government Affairs

(On Behalf of Southern Nevada
Fire Chiefs’ Association)

March 18, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding duties of state fire marshal. (BDR 42-1491)

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; transferring certain duties of the state fire marshal to local fire protection authorities in certain circumstances; revising certain obsolete references; 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,

1-17 education, instruction, worship, entertainment, amusement or awaiting

2-1 transportation, or the gathering together of 100 or more persons in

2-2 establishments for drinking or dining.

2-3 (e) The suppression and punishment of arson and fraudulent claims or

2-4 practices in connection with fire losses.

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

2-6 but [, except with respect to state-owned or state-occupied buildings, his

2-7 authority to enforce them or conduct investigations under] the authority of

2-8 the state fire marshal to:

2-9 (a) Enforce those regulations;

2-10 (b) Check and review plans, designs and specifications for

2-11 construction; and

2-12 (c) Conduct inspections and investigations pursuant to this chapter ,

2-13 is limited to those counties whose population is less than 35,000, except in

2-14 those local jurisdictions in other counties where he is requested to exercise

2-15 that authority by the chief officer of the organized fire department of that

2-16 jurisdiction.

2-17 [2.] 3. The state fire marshal may set standards for equipment and

2-18 appliances pertaining to fire safety or to be used for fire protection within

2-19 this state, including the threads used on fire hose couplings and hydrant

2-20 fittings.

2-21 [3.] 4. The state fire marshal shall cooperate with the state forester

2-22 firewarden in the preparation of regulations relating to standards for fire

2-23 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

2-24 NRS 472.040.

2-25 [4.] 5. The state fire marshal shall cooperate with the division of child

2-26 and family services of the department of human resources in establishing

2-27 reasonable minimum standards for overseeing the safety of and directing

2-28 the means and adequacy of exit in case of fire from family foster homes

2-29 and group foster homes.

2-30 [5.] 6. The state fire marshal shall coordinate all activities conducted

2-31 pursuant to the [Fire Research and Safety Act of 1968,] Federal Fire

2-32 Prevention and Control Act of 1974, 15 U.S.C. §§ 278f [and 278g,] ,

2-33 1511, 2201 to 2219, inclusive, 2222 to 2228, inclusive, and 42 U.S.C. §

2-34 290a, and receive and distribute money allocated by the United States

2-35 pursuant to that act.

2-36 [6.] 7. Except as otherwise provided in subsection [10,] 11, the state

2-37 fire marshal shall:

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

2-39 less than 35,000, and from which a death results or which is of a suspicious

2-40 nature.

2-41 (b) Investigate any fire which occurs in a county whose population is

2-42 35,000 or more, and from which a death results or which is of a suspicious

3-1 nature, if requested to do so by the chief officer of the fire department in

3-2 whose jurisdiction the fire occurs.

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

3-4 of a fraudulent claim under an insurance policy for any fire of a suspicious

3-5 nature.

3-6 (d) Cooperate with any local fire department in the investigation of any

3-7 report received pursuant to NRS 629.045.

3-8 (e) Provide specialized training in investigating the causes of fires if

3-9 requested to do so by the chief officer of an organized fire department.

3-10 [7.] 8. The state fire marshal shall put the [Uniform] National Fire

3-11 Incident Reporting System into effect throughout the state and publish at

3-12 least annually a summary of data collected under the system.

3-13 [8.] 9. The state fire marshal shall provide assistance and materials to

3-14 local authorities, upon request, for the establishment of programs for

3-15 public education and other fire prevention activities.

3-16 [9.] 10. The state fire marshal shall:

3-17 (a) [Assist] Except as otherwise provided in subsection 2, assist in

3-18 checking plans and specifications for construction;

3-19 (b) Provide specialized training to local fire departments; and

3-20 (c) Assist local governments in drafting regulations and ordinances,

3-21 on request or as he deems necessary.

3-22 [10.] 11. In a county whose population is less than 35,000, the state

3-23 fire marshal shall, upon request by a local government, delegate to the

3-24 local government by interlocal agreement all or a portion of his authority

3-25 or duties if the local government’s personnel and programs are, as

3-26 determined by the state fire marshal, equally qualified to perform those

3-27 functions. If a local government fails to maintain the qualified personnel

3-28 and programs in accordance with such an agreement, the state fire marshal

3-29 shall revoke the agreement.

3-30 Sec. 2. NRS 477.035 is hereby amended to read as follows:

3-31 477.035 1. [The] Except as otherwise provided in subsection 2 of

3-32 NRS 477.030, the state fire marshal shall:

3-33 (a) Inspect or cause to be inspected annually, all state buildings and

3-34 order such fire-extinguishing and safety appliances as he deems necessary

3-35 for the protection of the property against fire.

3-36 (b) Order the removal of combustibles and rubbish from the property,

3-37 or order such changes in the entrances or exits of the buildings as will

3-38 promote the safety of the occupants, or order the provision of such fire

3-39 escapes as he may deem necessary.

3-40 (c) Provide inspection forms and maintain records of inspections of

3-41 state-owned or state-occupied buildings.

3-42 2. If the agency in charge of any state property fails to comply with the

3-43 order of the state fire marshal for any structural change within 30 days

4-1 after the receipt of such order, the fire marshal shall report such failure to

4-2 the state public works board. The state public works board shall thereupon

4-3 take necessary steps to correct the situation as ordered.

4-4 3. The state fire marshal may contract with local authorities for the

4-5 inspection of state-owned or state-occupied buildings.

4-6 Sec. 3. NRS 393.110 is hereby amended to read as follows:

4-7 393.110 1. Except as otherwise provided in subsection 2:

4-8 (a) Unless standard plans, designs and specifications are to be used as

4-9 provided in NRS 385.125, before letting any contract or contracts for the

4-10 erection of any new school building, the board of trustees of a school

4-11 district shall submit plans, designs and specifications therefor to and obtain

4-12 the written approval of the plans, designs and specifications by the state

4-13 public works board. The state public works board is authorized to charge

4-14 and collect, and the board of trustees is authorized to pay, a reasonable fee

4-15 for the payment of any costs incurred by the state public works board in

4-16 securing the approval of qualified architects or engineers of the plans,

4-17 designs and specifications submitted by the board of trustees in compliance

4-18 with the provisions of this paragraph.

4-19 (b) Before letting any contract or contracts for any addition to or

4-20 alteration of an existing school building which involves structural systems,

4-21 or exiting, sanitary or fire protection facilities, the board of trustees of a

4-22 school district shall submit plans, designs and specifications therefor to and

4-23 obtain the written approval of the plans, designs and specifications by the

4-24 state public works board. The state public works board is authorized to

4-25 charge and collect, and the board of trustees is authorized to pay, a

4-26 reasonable fee for the payment of any costs incurred by the state public

4-27 works board in securing the approval of qualified architects or engineers of

4-28 the plans, designs and specifications submitted by the board of trustees in

4-29 compliance with the provisions of this paragraph.

4-30 The state public works board shall ensure that all plans, designs and

4-31 specifications that it reviews pursuant to this section comply with all

4-32 applicable requirements of the Americans with Disabilities Act of 1990 ,

4-33 [(] 42 U.S.C. §§ 12101 to 12213, inclusive . [).]

4-34 2. Upon the request of a board of trustees of a school district, or its

4-35 designated representative, the state public works board may waive the

4-36 requirements specified in subsection 1 and delegate its powers and duties

4-37 thereunder to the district.

4-38 3. If the state public works board waives the requirements of

4-39 subsection 1 and delegates its powers and duties thereunder to a school

4-40 district, the school district shall submit a copy of its final plans, designs

4-41 and specifications for any project to which that section applies to the

4-42 building and planning department of the appropriate city or county before

4-43 completion of the project.

5-1 4. No contract for any of the purposes specified in subsection 1 made

5-2 by a board of trustees of a school district contrary to the provisions of this

5-3 section is valid, nor shall any public money be paid for erecting, adding to

5-4 or altering any school building in contravention of this section.

5-5 5. If the state public works board or a school district, as appropriate,

5-6 enters into a cooperative agreement with a governmental entity for the

5-7 review of designs, plans and specifications with respect to issues of safety

5-8 from fire, such an agreement must be made:

5-9 (a) In a county whose population is less than 35,000, with the state

5-10 fire marshal.

5-11 (b) In a county whose population is 35,000 or more, with the chief

5-12 officer of the organized fire department for the appropriate jurisdiction,

5-13 unless the chief officer has requested the state fire marshal to exercise

5-14 such authority pursuant to subsection 2 of NRS 477.030.

5-15 Sec. 4. This act becomes effective on July 1, 1999.

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