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
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: 477.030 1. Except as otherwise provided in this section, the state fire1-3
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 from1-9
mental and penal institutions, facilities for the care of children, foster1-10
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 public1-13
assembly and all other buildings where large numbers of persons work,1-14
live or congregate for any purpose. As used in this paragraph, "public1-15
assembly" means a building or a portion of a building used for the1-16
gathering together of 50 or more persons for purposes of deliberation,1-17
education, instruction, worship, entertainment, amusement or awaiting2-1
transportation, or the gathering together of 100 or more persons in2-2
establishments for drinking or dining.2-3
(e) The suppression and punishment of arson and fraudulent claims or2-4
practices in connection with fire losses.2-5
2. The regulations of the state fire marshal apply throughout the state,2-6
but2-7
2-8
the state fire marshal to:2-9
(a) Enforce those regulations;2-10
(b) Check and review plans, designs and specifications for2-11
construction; and2-12
(c) Conduct inspections and investigations pursuant to this chapter ,2-13
is limited to those counties whose population is less than 35,000, except in2-14
those local jurisdictions in other counties where he is requested to exercise2-15
that authority by the chief officer of the organized fire department of that2-16
jurisdiction.2-17
2-18
appliances pertaining to fire safety or to be used for fire protection within2-19
this state, including the threads used on fire hose couplings and hydrant2-20
fittings.2-21
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firewarden in the preparation of regulations relating to standards for fire2-23
retardant roofing materials pursuant to paragraph (e) of subsection 1 of2-24
NRS 472.040.2-25
2-26
and family services of the department of human resources in establishing2-27
reasonable minimum standards for overseeing the safety of and directing2-28
the means and adequacy of exit in case of fire from family foster homes2-29
and group foster homes.2-30
2-31
pursuant to the2-32
Prevention and Control Act of 1974, 15 U.S.C. §§ 278f2-33
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 States2-35
pursuant to that act.2-36
2-37
fire marshal shall:2-38
(a) Investigate any fire which occurs in a county whose population is2-39
less than 35,000, and from which a death results or which is of a suspicious2-40
nature.2-41
(b) Investigate any fire which occurs in a county whose population is2-42
35,000 or more, and from which a death results or which is of a suspicious3-1
nature, if requested to do so by the chief officer of the fire department in3-2
whose jurisdiction the fire occurs.3-3
(c) Cooperate with the commissioner of insurance in any investigation3-4
of a fraudulent claim under an insurance policy for any fire of a suspicious3-5
nature.3-6
(d) Cooperate with any local fire department in the investigation of any3-7
report received pursuant to NRS 629.045.3-8
(e) Provide specialized training in investigating the causes of fires if3-9
requested to do so by the chief officer of an organized fire department.3-10
3-11
Incident Reporting System into effect throughout the state and publish at3-12
least annually a summary of data collected under the system.3-13
3-14
local authorities, upon request, for the establishment of programs for3-15
public education and other fire prevention activities.3-16
3-17
(a)3-18
checking plans and specifications for construction;3-19
(b) Provide specialized training to local fire departments; and3-20
(c) Assist local governments in drafting regulations and ordinances,3-21
on request or as he deems necessary.3-22
3-23
fire marshal shall, upon request by a local government, delegate to the3-24
local government by interlocal agreement all or a portion of his authority3-25
or duties if the local government’s personnel and programs are, as3-26
determined by the state fire marshal, equally qualified to perform those3-27
functions. If a local government fails to maintain the qualified personnel3-28
and programs in accordance with such an agreement, the state fire marshal3-29
shall revoke the agreement.3-30
Sec. 2. NRS 477.035 is hereby amended to read as follows: 477.035 1.3-32
NRS 477.030, the state fire marshal shall:3-33
(a) Inspect or cause to be inspected annually, all state buildings and3-34
order such fire-extinguishing and safety appliances as he deems necessary3-35
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 will3-38
promote the safety of the occupants, or order the provision of such fire3-39
escapes as he may deem necessary.3-40
(c) Provide inspection forms and maintain records of inspections of3-41
state-owned or state-occupied buildings.3-42
2. If the agency in charge of any state property fails to comply with the3-43
order of the state fire marshal for any structural change within 30 days4-1
after the receipt of such order, the fire marshal shall report such failure to4-2
the state public works board. The state public works board shall thereupon4-3
take necessary steps to correct the situation as ordered.4-4
3. The state fire marshal may contract with local authorities for the4-5
inspection of state-owned or state-occupied buildings.4-6
Sec. 3. NRS 393.110 is hereby amended to read as follows: 393.110 1. Except as otherwise provided in subsection 2:4-8
(a) Unless standard plans, designs and specifications are to be used as4-9
provided in NRS 385.125, before letting any contract or contracts for the4-10
erection of any new school building, the board of trustees of a school4-11
district shall submit plans, designs and specifications therefor to and obtain4-12
the written approval of the plans, designs and specifications by the state4-13
public works board. The state public works board is authorized to charge4-14
and collect, and the board of trustees is authorized to pay, a reasonable fee4-15
for the payment of any costs incurred by the state public works board in4-16
securing the approval of qualified architects or engineers of the plans,4-17
designs and specifications submitted by the board of trustees in compliance4-18
with the provisions of this paragraph.4-19
(b) Before letting any contract or contracts for any addition to or4-20
alteration of an existing school building which involves structural systems,4-21
or exiting, sanitary or fire protection facilities, the board of trustees of a4-22
school district shall submit plans, designs and specifications therefor to and4-23
obtain the written approval of the plans, designs and specifications by the4-24
state public works board. The state public works board is authorized to4-25
charge and collect, and the board of trustees is authorized to pay, a4-26
reasonable fee for the payment of any costs incurred by the state public4-27
works board in securing the approval of qualified architects or engineers of4-28
the plans, designs and specifications submitted by the board of trustees in4-29
compliance with the provisions of this paragraph.4-30
The state public works board shall ensure that all plans, designs and4-31
specifications that it reviews pursuant to this section comply with all4-32
applicable requirements of the Americans with Disabilities Act of 1990 ,4-33
4-34
2. Upon the request of a board of trustees of a school district, or its4-35
designated representative, the state public works board may waive the4-36
requirements specified in subsection 1 and delegate its powers and duties4-37
thereunder to the district.4-38
3. If the state public works board waives the requirements of4-39
subsection 1 and delegates its powers and duties thereunder to a school4-40
district, the school district shall submit a copy of its final plans, designs4-41
and specifications for any project to which that section applies to the4-42
building and planning department of the appropriate city or county before4-43
completion of the project.5-1
4. No contract for any of the purposes specified in subsection 1 made5-2
by a board of trustees of a school district contrary to the provisions of this5-3
section is valid, nor shall any public money be paid for erecting, adding to5-4
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 the5-7
review of designs, plans and specifications with respect to issues of safety5-8
from fire, such an agreement must be made:5-9
(a) In a county whose population is less than 35,000, with the state5-10
fire marshal.5-11
(b) In a county whose population is 35,000 or more, with the chief5-12
officer of the organized fire department for the appropriate jurisdiction,5-13
unless the chief officer has requested the state fire marshal to exercise5-14
such authority pursuant to subsection 2 of NRS 477.030.5-15
Sec. 4. This act becomes effective on July 1, 1999.~