1. Senate Bill No. 389–Senator Jacobsen

CHAPTER........

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:

Section 1. NRS 477.030 is hereby amended to read as follows:

  1. 477.030 1. Except as otherwise provided in this section, the state fire
  1. marshal shall enforce all laws and adopt regulations relating to:
  1. (a) The prevention of fire.
  1. (b) The storage and use of combustibles, flammables and fireworks.
  1. (c) The storage and use of explosives in any commercial construction,
  1. but not in mining or the control of avalanches.
  1. (d) The safety, access, means and adequacy of exit in case of fire from
  1. mental and penal institutions, facilities for the care of children, foster
  1. homes, residential facilities for groups, facilities for intermediate care,
  1. nursing homes, hospitals, schools, all buildings, except private residences,
  1. which are occupied for sleeping purposes, buildings used for public
  1. assembly and all other buildings where large numbers of persons work, live
  1. or congregate for any purpose. As used in this paragraph, "public
  1. assembly" means a building or a portion of a building used for the
  1. gathering together of 50 or more persons for purposes of deliberation,
  1. education, instruction, worship, entertainment, amusement or awaiting
  1. transportation, or the gathering together of 100 or more persons in
  1. establishments for drinking or dining.
  1. (e) The suppression and punishment of arson and fraudulent claims or
  1. practices in connection with fire losses.
  1. The regulations of the state fire marshal apply throughout the state, but,
  1. except with respect to state-owned or state-occupied buildings, his
  1. authority to enforce them or conduct investigations under this chapter [is
  1. limited to those counties whose population is less than 35,000,] does not
  1. extend to a county whose population is 50,000 or more or which has been
  1. converted into a consolidated municipality, except in those local
  1. jurisdictions in [other] those counties where he is requested to exercise that
  1. authority by the chief officer of the organized fire department of that
  1. jurisdiction.
  1. 2. The state fire marshal may set standards for equipment and
  1. appliances pertaining to fire safety or to be used for fire protection within
  1. this state, including the threads used on fire hose couplings and hydrant
  1. fittings.
  2. 3. The state fire marshal shall cooperate with the state forester
  1. firewarden in the preparation of regulations relating to standards for fire
  1. retardant roofing materials pursuant to paragraph (e) of subsection 1 of
  1. NRS 472.040.
  1. 4. The state fire marshal shall cooperate with the division of child and
  1. family services of the department of human resources in establishing
  1. reasonable minimum standards for overseeing the safety of and directing
  1. the means and adequacy of exit in case of fire from family foster homes and
  1. group foster homes.
  1. 5. The state fire marshal shall coordinate all activities conducted
  1. pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f
  1. and 278g,] 2201 et seq. and receive and distribute money allocated by the
  1. United States pursuant to that act.
  1. 6. Except as otherwise provided in subsection 10, the state fire marshal
  1. shall:
  1. (a) Investigate any fire which occurs in a county other than one whose
  1. population is [less than 35,000,] 50,000 or more or which has been
  1. converted into a consolidated municipality, and from which a death results
  1. or which is of a suspicious nature.
  1. (b) Investigate any fire which occurs in a county whose population is
  1. [35,000 or more,] 50,000 or more or which has been converted into a
  1. consolidated municipality, and from which a death results or which is of a
  1. suspicious nature, if requested to do so by the chief officer of the fire
  1. department in whose jurisdiction the fire occurs.
  1. (c) Cooperate with the commissioner of insurance in any investigation of
  1. a fraudulent claim under an insurance policy for any fire of a suspicious
  1. nature.
  1. (d) Cooperate with any local fire department in the investigation of any
  1. report received pursuant to NRS 629.045.
  1. (e) Provide specialized training in investigating the causes of fires if
  1. requested to do so by the chief officer of an organized fire department.
  1. 7. The state fire marshal shall put the [Uniform] National Fire Incident
  1. Reporting System into effect throughout the state and publish at least
  1. annually a summary of data collected under the system.
  1. 8. The state fire marshal shall provide assistance and materials to local
  1. authorities, upon request, for the establishment of programs for public
  1. education and other fire prevention activities.
  1. 9. The state fire marshal shall:
  1. (a) Assist in checking plans and specifications for construction;
  1. (b) Provide specialized training to local fire departments; and
  1. (c) Assist local governments in drafting regulations and ordinances,
  1. on request or as he deems necessary.
  1. 10. In a county other than one whose population is [less than 35,000,]
  1. 50,000 or more or which has been converted into a consolidated
  1. municipality, the state fire marshal shall, upon request by a local
  1. government, delegate to the local government by interlocal agreement all or
  2. a portion of his authority or duties if the local government’s personnel and
  1. programs are, as determined by the state fire marshal, equally qualified to
  1. perform those functions. If a local government fails to maintain the
  1. qualified personnel and programs in accordance with such an agreement,
  1. the state fire marshal shall revoke the agreement.

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

  1. 477.100 As used in NRS 477.110 to 477.170, inclusive, unless the
  1. context otherwise requires, "authority" means:
  1. 1. The state fire marshal in a county other than one whose population
  1. is [less than 35,000;] 50,000 or more or which has been converted into a
  1. consolidated municipality;
  1. 2. Unless the county has enacted an ordinance designating the persons
  1. who constitute the authority, the chief building official and chief officer of
  1. the fire service of the jurisdiction in [any other county,] a county whose
  1. population is 50,000 or more or which has been converted into a
  1. consolidated municipality, and if they are unable to agree on any question,
  1. "authority" includes the county manager or city manager, who shall cast the
  1. deciding vote on that question; or
  1. 3. If the board of county commissioners of a county whose population
  1. is [35,000 or more] 50,000 or more or which has been converted into a
  1. consolidated municipality, or the governing body of a city in that county ,
  1. has specified a person or persons to act as the authority, that person or
  1. those persons.

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

  1. 244.3673 The board of county commissioners of any county whose
  1. population is [35,000 or more] 50,000 or more or which has been
  1. converted into a consolidated municipality may provide by ordinance for
  1. the investigation of fires in which a death has occurred or which are of a
  1. suspicious origin, and for the enforcement of regulations adopted by the
  1. state fire marshal.

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

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