Senate Bill No. 389–Senator Jacobsen
March 12, 1999
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Referred to Committee on Human Resources and Facilities
SUMMARY—Clarifies class of counties in which state fire marshal may enforce certain laws and regulations and investigate certain violations. (BDR 42-1249)
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, live1-14
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 awaiting1-18
transportation, or the gathering together of 100 or more persons in1-19
establishments for drinking or dining.2-1
(e) The suppression and punishment of arson and fraudulent claims or2-2
practices in connection with fire losses.2-3
The regulations of the state fire marshal apply throughout the state, but,2-4
except with respect to state-owned or state-occupied buildings, his2-5
authority to enforce them or conduct investigations under this chapter2-6
2-7
extend to a county whose population is 50,000 or more or which has been2-8
converted into a consolidated municipality, except in those local2-9
jurisdictions in2-10
authority by the chief officer of the organized fire department of that2-11
jurisdiction.2-12
2. The state fire marshal may set standards for equipment and2-13
appliances pertaining to fire safety or to be used for fire protection within2-14
this state, including the threads used on fire hose couplings and hydrant2-15
fittings.2-16
3. The state fire marshal shall cooperate with the state forester2-17
firewarden in the preparation of regulations relating to standards for fire2-18
retardant roofing materials pursuant to paragraph (e) of subsection 1 of2-19
NRS 472.040.2-20
4. The state fire marshal shall cooperate with the division of child and2-21
family services of the department of human resources in establishing2-22
reasonable minimum standards for overseeing the safety of and directing2-23
the means and adequacy of exit in case of fire from family foster homes and2-24
group foster homes.2-25
5. The state fire marshal shall coordinate all activities conducted2-26
pursuant to2-27
2-28
United States pursuant to that act.2-29
6. Except as otherwise provided in subsection 10, the state fire marshal2-30
shall:2-31
(a) Investigate any fire which occurs in a county other than one whose2-32
population is2-33
converted into a consolidated municipality, and from which a death results2-34
or which is of a suspicious nature.2-35
(b) Investigate any fire which occurs in a county whose population is2-36
2-37
consolidated municipality, and from which a death results or which is of a2-38
suspicious nature, if requested to do so by the chief officer of the fire2-39
department in whose jurisdiction the fire occurs.2-40
(c) Cooperate with the commissioner of insurance in any investigation of2-41
a fraudulent claim under an insurance policy for any fire of a suspicious2-42
nature.3-1
(d) Cooperate with any local fire department in the investigation of any3-2
report received pursuant to NRS 629.045.3-3
(e) Provide specialized training in investigating the causes of fires if3-4
requested to do so by the chief officer of an organized fire department.3-5
7. The state fire marshal shall put the3-6
Reporting System into effect throughout the state and publish at least3-7
annually a summary of data collected under the system.3-8
8. The state fire marshal shall provide assistance and materials to local3-9
authorities, upon request, for the establishment of programs for public3-10
education and other fire prevention activities.3-11
9. The state fire marshal shall:3-12
(a) Assist in checking plans and specifications for construction;3-13
(b) Provide specialized training to local fire departments; and3-14
(c) Assist local governments in drafting regulations and ordinances,3-15
on request or as he deems necessary.3-16
10. In a county other than one whose population is3-17
50,000 or more or which has been converted into a consolidated3-18
municipality, the state fire marshal shall, upon request by a local3-19
government, delegate to the local government by interlocal agreement all or3-20
a portion of his authority or duties if the local government’s personnel and3-21
programs are, as determined by the state fire marshal, equally qualified to3-22
perform those functions. If a local government fails to maintain the3-23
qualified personnel and programs in accordance with such an agreement,3-24
the state fire marshal shall revoke the agreement.3-25
Sec. 2. NRS 477.100 is hereby amended to read as follows: 477.100 As used in NRS 477.110 to 477.170, inclusive, unless the3-27
context otherwise requires, "authority" means:3-28
1. The state fire marshal in a county other than one whose population3-29
is3-30
consolidated municipality;3-31
2. Unless the county has enacted an ordinance designating the persons3-32
who constitute the authority, the chief building official and chief officer of3-33
the fire service of the jurisdiction in3-34
population is 50,000 or more or which has been converted into a3-35
consolidated municipality, and if they are unable to agree on any question,3-36
"authority" includes the county manager or city manager, who shall cast the3-37
deciding vote on that question; or3-38
3. If the board of county commissioners of a county whose population3-39
is3-40
consolidated municipality, or the governing body of a city in that county ,3-41
has specified a person or persons to act as the authority, that person or3-42
those persons.4-1
Sec. 3. NRS 244.3673 is hereby amended to read as follows: 244.3673 The board of county commissioners of any county whose4-3
population is4-4
converted into a consolidated municipality may provide by ordinance for4-5
the investigation of fires in which a death has occurred or which are of a4-6
suspicious origin, and for the enforcement of regulations adopted by the4-7
state fire marshal.4-8
Sec. 4. This act becomes effective upon passage and approval.~