requires two-thirds majority vote (§§ 4, 5)           

                                                                                                  

 

Senate Bill No. 458–Committee on Human
Resources and Facilities

 

(On Behalf of the Department of Public Safety)

 

March 24, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes to provisions governing State Fire Marshal and fire prevention. (BDR 42‑515)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to fire prevention; revising provisions governing interlocal agreements for the delegation of duties by the State Fire Marshal to local governments; revising provisions governing the State Board of Fire Services and the Fire Service Standards and Training Committee; providing for licensure of persons who maintain and install medical gas systems; revising provisions governing information and training provided by the State Fire Marshal; revising provisions governing hazardous materials and the issuance of permits for the storage of hazardous materials; revising provisions governing fire drills at schools; repealing provisions governing registration of qualified interior designers by the State Fire Marshal; authorizing the State Fire Marshal to include administrative and overhead costs in certain fees established by regulation; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1. Chapter 477 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  1.  In a county whose population is 100,000 or more or which

2-4  has been converted into a consolidated municipality, the State Fire

2-5  Marshal shall, upon the request of a local government, delegate to

2-6  the local government by interlocal agreement all or a portion of

2-7  his authority or duties set forth in NRS 331.100, 394.170,

2-8  432A.077, 432A.180, 449.150, 449.230, paragraph (c) of

2-9  subsection 1 of NRS 477.030, subsection 5 of NRS 477.030 or

2-10  NRS 477.035 or 477.045. The local government shall maintain

2-11  qualified personnel and programs required by such an interlocal

2-12  agreement in accordance with nationally recognized standards.

2-13      2.  In a county other than one whose population is 100,000 or

2-14  more or which has been converted into a consolidated

2-15  municipality, the State Fire Marshal shall, upon the request of a

2-16  local government, delegate to the local government by interlocal

2-17  agreement all or a portion of his authority or duties set forth in

2-18  NRS 331.100, 394.170, 432A.077, 432A.180, 449.150, 449.230,

2-19  paragraph (c) or (d) of subsection 1 of NRS 477.030, subsection 5

2-20  or 7 of NRS 477.030 or NRS 477.035 or 477.045, if the personnel

2-21  and programs of the local government are, as determined by the

2-22  State Fire Marshal, equally qualified to perform those functions.

2-23  If a local government fails to maintain the qualified personnel and

2-24  programs in accordance with such an agreement, the State Fire

2-25  Marshal shall revoke the agreement.

2-26      3.  If an interlocal agreement is entered into pursuant to this

2-27  section by a local government, the local fire department within

2-28  that jurisdiction shall exercise the authority and perform the

2-29  duties of the State Fire Marshal delegated pursuant to the

2-30  interlocal agreement within that jurisdiction.

2-31      Sec. 2.  NRS 477.020 is hereby amended to read as follows:

2-32      477.020  1.  The State Board of Fire Services, consisting of

2-33  [eight] nine members appointed by the Governor, is hereby created.

2-34      2.  The Governor shall appoint:

2-35      (a) A licensed architect;

2-36      (b) A chief of a volunteer fire department;

2-37      (c) A chief of a full-time, paid fire department;

2-38      (d) A professional engineer;

2-39      (e) The State Forester Firewarden;

2-40      (f) A training officer of a volunteer fire department;

2-41      (g) A training officer of a partially or fully paid fire department;

2-42  [and]

2-43      (h) A fire prevention officer of a volunteer fire department or a

2-44  partially or fully paid fire department; and

2-45      (i) A specialist in hazardous materials,

3-1  to the Board. No member other than the State Forester Firewarden

3-2  may serve for more than two consecutive terms.

3-3  3.  The Board shall select a Chairman from among its members

3-4  to serve for 1 year. The State Fire Marshal shall serve as the

3-5  Secretary of the Board.

3-6  4.  The Board may meet regularly at least twice each year or on

3-7  the call of the Chairman, the Secretary or any three members.

3-8  5.  The members of the Board, except the State Forester

3-9  Firewarden, are entitled to receive a salary of $60 for each day’s

3-10  attendance at a meeting of the Board.

3-11      6.  The Board shall make recommendations to the State Fire

3-12  Marshal and to the Legislature concerning necessary legislation in

3-13  the field of fire fighting and fire protection. When requested to do so

3-14  by the Director of the Department of Public Safety, the Board shall

3-15  recommend to him not fewer than three persons for appointment as

3-16  State Fire Marshal.

3-17      7.  The Board shall advise the State Fire Marshal on matters

3-18  relating to the training of [firemen.] fire service personnel.

3-19      Sec. 3.  NRS 477.030 is hereby amended to read as follows:

3-20      477.030  1.  Except as otherwise provided in this section, the

3-21  State Fire Marshal shall enforce all laws and adopt regulations

3-22  relating to:

3-23      (a) The prevention of fire.

3-24      (b) The storage and use of:

3-25          (1) Combustibles, flammables and fireworks; and

3-26          (2) Explosives in any commercial construction, but not in

3-27  mining or the control of avalanches,

3-28  under those circumstances that are not otherwise regulated by the

3-29  Division of Industrial Relations of the Department of Business and

3-30  Industry pursuant to NRS 618.890.

3-31      (c) The safety, access, means and adequacy of exit in case of fire

3-32  from mental and penal institutions, facilities for the care of children,

3-33  foster homes, residential facilities for groups, facilities for

3-34  intermediate care, nursing homes, hospitals, schools, all buildings,

3-35  except private residences, which are occupied for sleeping purposes,

3-36  buildings used for public assembly and all other buildings where

3-37  large numbers of persons work, live or congregate for any purpose.

3-38  As used in this paragraph, “public assembly” means a building or a

3-39  portion of a building used for the gathering together of 50 or more

3-40  persons for purposes of deliberation, education, instruction, worship,

3-41  entertainment, amusement or awaiting transportation, or the

3-42  gathering together of 100 or more persons in establishments for

3-43  drinking or dining.

3-44      (d) The suppression and punishment of arson and fraudulent

3-45  claims or practices in connection with fire losses.

4-1  2.  The regulations of the State Fire Marshal adopted pursuant

4-2  to subsection 1 apply throughout the State, but, except with respect

4-3  to state-owned or state-occupied buildings, his authority to enforce

4-4  them or conduct investigations under this chapter does not extend to

4-5  a county whose population is 100,000 or more or which has been

4-6  converted into a consolidated municipality, except in those local

4-7  jurisdictions in those counties where he is requested to exercise that

4-8  authority by the chief officer of the organized fire department of that

4-9  jurisdiction.

4-10      [2.] 3. The State Fire Marshal may set standards for equipment

4-11  and appliances pertaining to fire safety or to be used for fire

4-12  protection within this state, including the threads used on fire hose

4-13  couplings and hydrant fittings.

4-14      [3.] 4. The State Fire Marshal shall cooperate with the State

4-15  Forester Firewarden in the preparation of regulations relating to

4-16  standards for fire retardant roofing materials pursuant to paragraph

4-17  (e) of subsection 1 of NRS 472.040.

4-18      [4.  The]

4-19      5.  Except as otherwise provided in this section, the State Fire

4-20  Marshal shall cooperate with the Division of Child and Family

4-21  Services of the Department of Human Resources in establishing

4-22  reasonable minimum standards for overseeing the safety of and

4-23  directing the means and adequacy of exit in case of fire from family

4-24  foster homes and group foster homes.

4-25      [5.] If the State Fire Marshall has delegated his duties set forth

4-26  in this subsection through an interlocal agreement with a local

4-27  government pursuant to section 1 of this act, the chief officer of

4-28  the organized fire department to whom the duties have been

4-29  delegated shall cooperate with the Division of Child and Family

4-30  Services in establishing such reasonable minimum standards that

4-31  will apply within the jurisdiction of the local government.

4-32      6. The State Fire Marshal shall coordinate all activities

4-33  conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and

4-34  distribute money allocated by the United States pursuant to that act.

4-35      [6.] 7. Except as otherwise provided in [subsection 10,] section

4-36  1 of this act, the State Fire Marshal shall:

4-37      (a) Investigate any fire which occurs in a county other than one

4-38  whose population is 100,000 or more or which has been converted

4-39  into a consolidated municipality, and from which a death results or

4-40  which is of a suspicious nature.

4-41      (b) Investigate any fire which occurs in a county whose

4-42  population is 100,000 or more or which has been converted into a

4-43  consolidated municipality, and from which a death results or which

4-44  is of a suspicious nature, if requested to do so by the chief officer of

4-45  the fire department in whose jurisdiction the fire occurs.

5-1  (c) Cooperate with the Commissioner of Insurance, the Attorney

5-2  General and the Fraud Control Unit established pursuant to NRS

5-3  228.412 in any investigation of a fraudulent claim under an

5-4  insurance policy for any fire of a suspicious nature.

5-5  (d) Cooperate with any local fire department in the investigation

5-6  of any report received pursuant to NRS 629.045.

5-7  (e) Provide specialized training in investigating the causes of

5-8  fires if requested to do so by the chief officer of an organized fire

5-9  department.

5-10      [7.] 8. The State Fire Marshal shall put the National Fire

5-11  Incident Reporting System into effect throughout the State and

5-12  publish at least annually a summary of data collected under the

5-13  System.

5-14      [8.] 9. The State Fire Marshal shall provide assistance and

5-15  materials to local authorities, upon request, for the establishment of

5-16  programs for public education and other fire prevention activities.

5-17      [9.] 10. The State Fire Marshal [shall:] may:

5-18      (a) Assist in checking plans and specifications for construction;

5-19      (b) Provide specialized training to local fire departments; and

5-20      (c) Assist local governments in drafting regulations and

5-21  ordinances,

5-22  on request or as he deems necessary.

5-23      [10.  In a county other than one whose population is 100,000 or

5-24  more or which has been converted into a consolidated municipality,

5-25  the State Fire Marshal shall, upon request by a local government,

5-26  delegate to the local government by interlocal agreement all or a

5-27  portion of his authority or duties if the local government’s personnel

5-28  and programs are, as determined by the State Fire Marshal, equally

5-29  qualified to perform those functions. If a local government fails to

5-30  maintain the qualified personnel and programs in accordance with

5-31  such an agreement, the State Fire Marshal shall revoke the

5-32  agreement.]

5-33      Sec. 4.  NRS 477.031 is hereby amended to read as follows:

5-34      477.031  The State Fire Marshal shall by regulation adopt a

5-35  schedule of fees for the services and regulatory activities performed

5-36  by the State Fire Marshal Division pursuant to the provisions of this

5-37  chapter. The fees must:

5-38      1.  Approximate the cost of those services and activities[.] ,

5-39  including administrative and overhead costs.

5-40      2.  Be deposited with the State Treasurer for credit to the

5-41  appropriate account of the State Fire Marshal Division.

5-42      3.  Be used only to carry out the provisions of this chapter.

5-43      Sec. 5.  NRS 477.033 is hereby amended to read as follows:

5-44      477.033  1.  A license, issued by the State Fire Marshal, is

5-45  required for:

6-1  (a) Maintenance, installation or sale of fire extinguishers, fire

6-2  alarm systems or fire sprinkler systems.

6-3  (b) Use of explosives in any commercial construction, but not in

6-4  mining or the control of avalanches.

6-5  (c) Commercial fireworks displays.

6-6  (d) Maintenance and installation of medical gas systems.

6-7  2.  Applications for licenses must be made on a form prescribed

6-8  by the State Fire Marshal.

6-9  3.  The State Fire Marshal may conduct inspections,

6-10  examinations or hearings before the issuance of licenses.

6-11      4.  The State Fire Marshal may charge a reasonable fee, to be

6-12  fixed by regulation, for the inspection and issuance of licenses. The

6-13  fee may include an amount to cover administrative and overhead

6-14  costs.

6-15      5.  If any person is denied a license by the State Fire Marshal,

6-16  he is entitled to a hearing, upon request, before a hearing officer.

6-17      Sec. 6.  NRS 477.035 is hereby amended to read as follows:

6-18      477.035  1.  [The] Except as otherwise provided in this

6-19  section, the State Fire Marshal shall:

6-20      (a) Inspect or cause to be inspected annually, all state buildings

6-21  and order such fire-extinguishing and safety appliances as he deems

6-22  necessary for the protection of the property against fire.

6-23      (b) Order the removal of combustibles and rubbish from the

6-24  property, or order such changes in the entrances or exits of the

6-25  buildings as will promote the safety of the occupants, or order the

6-26  provision of such fire escapes as he may deem necessary.

6-27      (c) Provide inspection forms and maintain records of inspections

6-28  of state-owned or state-occupied buildings.

6-29      2.  If the agency in charge of any state property fails to comply

6-30  with the order of the State Fire Marshal for any structural change

6-31  within 30 days after the receipt of such order, the State Fire Marshal

6-32  shall report such failure to the State Public Works Board. The State

6-33  Public Works Board shall thereupon take necessary steps to correct

6-34  the situation as ordered.

6-35      3.  The State Fire Marshal may [contract with] , through an

6-36  interlocal agreement pursuant to section 1 of this act, delegate to

6-37  local authorities the responsibilities for the inspection of state-

6-38  owned or state-occupied buildings[.] described in subsection 1.

6-39      Sec. 7.  NRS 477.037 is hereby amended to read as follows:

6-40      477.037  The State Fire Marshal:

6-41      1.  Shall establish and maintain a library of publications, films,

6-42  training programs, training aids, fire report data and other

6-43  materials for the benefit of the fire service of the State and the

6-44  general public.

7-1  2.  Shall maintain and update at least annually, a library

7-2  catalog.

7-3  3.  Shall incorporate into the materials in the library, where

7-4  feasible and appropriate, a discussion of the issues relating to

7-5  controlled fires.

7-6  [3.] 4.  May provide, when feasible and appropriate, Internet-

7-7  based training and distance education.

7-8  5. May charge a reasonable fee for the use of the materials in

7-9  the library.

7-10      Sec. 8.  NRS 477.039 is hereby amended to read as follows:

7-11      477.039  1.  The State Fire Marshal shall:

7-12      (a) Furnish and administer programs for the training of

7-13  [firemen;] fire service personnel;

7-14      (b) Describe the programs that are available for the training of

7-15  [firemen] fire service personnel and notify fire departments of the

7-16  availability of these programs;

7-17      (c) Administer a program to certify [firemen,] fire service

7-18  personnel, whenever requested to do so[,] by a fire service agency,

7-19  for successful completion of a training program;

7-20      (d) [Develop] Certify training programs for fire service

7-21  agencies pursuant to which fire service personnel may be certified

7-22  for the successful completion of a training program;

7-23      (e) Provide and administer a program to train instructors;

7-24      [(e)] (f) Furnish, and administer the use of, in-house and

7-25  adjunct fire service instructors for the training of fire service

7-26  personnel;

7-27      (g) Assist other agencies and organizations to prepare and

7-28  administer training programs;

7-29      [(f)] and

7-30      (h) Carry out the provisions of [paragraphs (a) to (e), inclusive,]

7-31  this subsection in accordance with recommendations submitted to

7-32  him by the Fire Service Standards and Training Committee and the

7-33  regulations adopted by the Committee . [; and

7-34      (g) Establish a regional hazardous materials training facility and

7-35  furnish training programs concerning hazardous materials for

7-36  emergency personnel, agencies and other persons.]

7-37      2.  The State Fire Marshal shall establish and administer a

7-38  training program on hazardous materials to train fire service

7-39  personnel, emergency response personnel, fire service and

7-40  emergency response agencies, and other persons to respond to

7-41  spills of hazardous materials and related fires in accordance with

7-42  the requirements set forth in 29 C.F.R. § 1910.120.

7-43      3.  The State Fire Marshal may enter into agreements for the

7-44  procurement of necessary services or property, may accept gifts,

8-1  grants, services or property for the training programs and may

8-2  charge fees for training programs, materials or services provided.

8-3  4.  The State Fire Marshal may provide, or cause to be

8-4  provided, mobile training facilities for the use of fire service

8-5  agencies upon their request.

8-6  5.  The State Fire Marshal may participate in the

8-7  establishment and administration of regional training facilities for

8-8  the use of fire service agencies.

8-9  Sec. 9.  NRS 477.045 is hereby amended to read as follows:

8-10      477.045  1.  [The State Fire Marshal shall establish a statewide

8-11  training program for response to spills of hazardous materials and

8-12  related fires.] The State Fire Marshal shall require persons who store

8-13  hazardous materials to obtain a permit to do so.

8-14      2.  Except as otherwise provided in this section:

8-15      (a) A permit for the storage of hazardous materials must be

8-16  obtained from the State Fire Marshal; and

8-17      (b) The State Fire Marshal is responsible for any inspections

8-18  and review of plans relating to the storage of hazardous materials.

8-19      3.  In counties with a population of 100,000 or more or which

8-20  have been converted into a consolidated municipality, if the State

8-21  Fire Marshal has delegated to a local government his duties

8-22  relating to the storage of hazardous materials in an interlocal

8-23  agreement pursuant to section 1 of this act, the local fire

8-24  department:

8-25      (a) Shall issue permits for the storage of hazardous materials;

8-26  and

8-27      (b) Is responsible for any inspections and review of plans

8-28  relating to the storage of hazardous materials.

8-29      4.  The State Fire Marshal or, if applicable, the local fire

8-30  department shall collect a surcharge of $60 for each such permit

8-31  issued in the State. The surcharge is in addition to any other fee

8-32  charged for the issuance of such a permit.

8-33      [2.] 5.  The revenue derived by the State Fire Marshal pursuant

8-34  to this section must be deposited with the State Treasurer for credit

8-35  to the Contingency Account for Hazardous Materials. For any

8-36  surcharges collected by a local fire department, the county

8-37  treasurer of the county in which the local fire department is

8-38  located shall remit those surcharges quarterly to the State

8-39  Controller for deposit in the Contingency Account for Hazardous

8-40  Materials.

8-41      Sec. 10.  NRS 477.075 is hereby amended to read as follows:

8-42      477.075  1.  The Fire Service Standards and Training

8-43  Committee, consisting of seven voting members and one nonvoting

8-44  member, is hereby created.

9-1  2.  The Committee consists of the Chairman of the State Board

9-2  of Fire Services, who is an ex officio member of the Committee, one

9-3  member appointed by the State Fire Marshal, and six members

9-4  appointed by the Governor as follows:

9-5  (a) Two chief officers or persons of equivalent rank, or two

9-6  persons designated by the chief of the department, of a full-time,

9-7  paid fire department who have experience in fire service training;

9-8  (b) Two chief officers or persons of equivalent rank, or two

9-9  persons designated by the chief of the department, of a volunteer

9-10  fire department who have experience in fire service training; and

9-11      (c) Two chief officers or persons of equivalent rank, or two

9-12  persons designated by the chief of the department, of a combination

9-13  paid and volunteer fire department who have experience in fire

9-14  service training.

9-15      3.  The six members appointed by the Governor must be from

9-16  the following counties:

9-17      (a) One member from Clark County;

9-18      (b) One member from Washoe County; and

9-19      (c) Four members from other counties, except that a majority of

9-20  the voting members on the Committee must not be from one county.

9-21      4.  The Governor shall make the appointments from

9-22  recommendations submitted by:

9-23      (a) The Nevada Fire Chiefs Association, Inc.;

9-24      (b) The Nevada State [Firemen’s] Firefighters’ Association;

9-25      (c) The Professional Fire Fighters of Nevada;

9-26      (d) The Southern Nevada Fire [Marshal’s] Prevention

9-27  Association;

9-28      (e) The Southern Nevada Fire Chiefs’ Association;

9-29      (f) The Northern Nevada Fire Marshal’s Association; and

9-30      (g) [Representatives of fire departments of Washoe County.]

9-31  The Northern Nevada Fire Chiefs’ Association.

9-32      5.  For the initial terms of the members of the Committee, each

9-33  entity listed in subsection 4 shall submit three recommendations to

9-34  the Governor. After the initial terms, each entity shall submit two

9-35  recommendations to the Governor.

9-36      6.  The member appointed by the State Fire Marshal shall serve

9-37  as Secretary to the Committee and is a nonvoting member of the

9-38  Committee.

9-39      7.  The members of the Committee shall select a Chairman

9-40  from among their membership.

9-41      8.  After the initial terms, the term of each appointed member of

9-42  the Committee is 2 years.

9-43      9.  A vacancy in the Committee must be filled for the remainder

9-44  of the unexpired term in the same manner as the original

9-45  appointment.

10-1      10.  Each member of the Committee is entitled to receive from

10-2  the State Fire Marshal Division of the Department of Public Safety

10-3  the per diem allowance and travel expenses provided for state

10-4  officers and employees generally for each day or portion of a day

10-5  during which he attends a meeting of the Committee or is otherwise

10-6  engaged in the work of the Committee.

10-7      11.  The State Fire Marshal Division shall provide the

10-8  Committee with administrative support.

10-9      Sec. 11.  NRS 331.100 is hereby amended to read as follows:

10-10     331.100  The Chief has the following specific powers and

10-11  duties:

10-12     1.  To keep all buildings, rooms, basements, floors, windows,

10-13  furniture and appurtenances clean, orderly and presentable as

10-14  befitting public property.

10-15     2.  To keep all yards and grounds clean and presentable, with

10-16  proper attention to landscaping and horticulture.

10-17     3.  [Under the supervision of the State Fire Marshal, to] To

10-18  make arrangements for the installation and maintenance of water

10-19  sprinkler systems, fire extinguishers, fire hoses and fire hydrants,

10-20  and to take other fire prevention and suppression measures,

10-21  necessary and feasible, that may reduce the fire hazards in all

10-22  buildings under his control[.] under the supervision of:

10-23     (a) The State Fire Marshal; or

10-24     (b) The local fire department in any county with a population

10-25  of 100,000 or more or which has been converted into a

10-26  consolidated municipality if the State Fire Marshal has delegated

10-27  those duties to the local government through an interlocal

10-28  agreement pursuant to section 1 of this act.

10-29     4.  To make arrangements and provision for the maintenance of

10-30  the state’s water system supplying the state-owned buildings at

10-31  Carson City, with particular emphasis upon the care and

10-32  maintenance of water reservoirs, in order that a proper and adequate

10-33  supply of water be available to meet any emergency.

10-34     5.  To make arrangements for the installation and maintenance

10-35  of water meters designed to measure accurately the quantity of

10-36  water obtained from sources not owned by the State.

10-37     6.  To make arrangements for the installation and maintenance

10-38  of a lawn sprinkling system on the grounds adjoining the Capitol

10-39  Building at Carson City, or on any other state-owned grounds where

10-40  such installation is practical or necessary.

10-41     7.  To investigate the feasibility, and economies resultant

10-42  therefrom, if any, of the installation of a central power meter, to

10-43  measure electrical energy used by the state buildings in the vicinity

10-44  of and including the Capitol Building at Carson City, assuming the

10-45  buildings were served with power as one unit.

11-1      8.  To purchase, use and maintain such supplies and equipment

11-2  as are necessary for the care, maintenance and preservation of the

11-3  buildings and grounds under his supervision and control.

11-4      9.  Subject to the provisions of chapter 426 of NRS regarding

11-5  the operation of vending stands in or on public buildings and

11-6  properties by blind persons, to install or remove vending machines

11-7  and vending stands in the buildings under his supervision and

11-8  control, and to have control of and be responsible for their

11-9  operation.

11-10     10.  To cooperate with the State Arts Council and the State

11-11  Public Works Board to plan the potential purchase and placement of

11-12  works of art inside or on the grounds surrounding a state building.

11-13     Sec. 12.  NRS 392.450 is hereby amended to read as follows:

11-14     392.450  1.  The board of trustees of each school district and

11-15  the governing body of each charter school shall provide drills for the

11-16  pupils in the schools in the school district or the charter schools at

11-17  least once each month during the school year to instruct those pupils

11-18  in the appropriate procedures to be followed in the event of a fire or

11-19  other emergency, except a crisis governed by NRS 392.600 to

11-20  392.656, inclusive. Not more than three of those drills may include

11-21  instruction in the appropriate procedures to be followed in the event

11-22  of a chemical explosion, related emergencies and other natural

11-23  disasters.

11-24     2.  In all cities or towns which have regularly organized, paid

11-25  fire departments or voluntary fire departments, the drills required by

11-26  subsection 1 must be conducted under the supervision of the:

11-27     (a) Person designated for this purpose by the board of trustees of

11-28  the school district or the governing body of a charter school; and

11-29     (b) Chief of the fire department of the city or town[.] , as

11-30  deemed necessary.

11-31     3.  A diagram of the approved escape route and any other

11-32  information related to the drills required by subsection 1 which is

11-33  approved by the chief of the fire department or, if there is no fire

11-34  department, the State Fire Marshal must be kept posted in every

11-35  classroom of every public school by the principal or teacher in

11-36  charge thereof.

11-37     4.  The principal, teacher or other person in charge of each

11-38  school building shall cause the provisions of this section to be

11-39  enforced.

11-40     5.  Any violation of the provisions of this section is a

11-41  misdemeanor.

11-42     Sec. 13.  NRS 394.170 is hereby amended to read as follows:

11-43     394.170  1.  The authorities in charge of every private school

11-44  within this state shall provide drills for the pupils in the schools at

11-45  least [twice] once in each month during the school year to instruct

12-1  those pupils in the appropriate procedures to be followed in the

12-2  event of a fire or other emergency, except a crisis governed by NRS

12-3  394.168 to 394.1699, inclusive. Not more than three of those drills

12-4  may include instruction in the appropriate procedures to be followed

12-5  in the event of a chemical explosion, related emergencies and other

12-6  natural disasters.

12-7      2.  In all cities or towns which have regularly organized, paid

12-8  fire departments or voluntary fire departments, the drills required by

12-9  subsection 1 must be conducted under the supervision of the chief of

12-10  the fire department of the city or town.

12-11     3.  [The] Except as otherwise provided in this section, the State

12-12  Fire Marshal shall prescribe general regulations governing the drills

12-13  required by subsection 1 and shall, with the cooperation of the

12-14  Superintendent of Public Instruction, arrange for the supervision of

12-15  drills in schools where the drills are not supervised pursuant to

12-16  subsection 2. The local fire department in any county with a

12-17  population of 100,000 or more or which has been converted into a

12-18  consolidated municipality shall prescribe the regulations and

12-19  arrange for the supervision of drills in schools as required by this

12-20  subsection if the State Fire Marshal has delegated those duties to

12-21  the local government through an interlocal agreement pursuant to

12-22  section 1 of this act.

12-23     4.  A copy of this section must be kept posted in every

12-24  classroom of every private school by the principal or teacher in

12-25  charge thereof.

12-26     5.  The principal, teacher or other person in charge of each

12-27  school building shall cause the provisions of this section to be

12-28  enforced.

12-29     6.  A diagram of the approved escape route and any other

12-30  information related to the drills required by subsection 1 which is

12-31  approved by the chief of the fire department or, if there is no fire

12-32  department, the State Fire Marshal must be kept posted in every

12-33  classroom of every public school by the principal or teacher in

12-34  charge thereof.

12-35     7.  Any violation of the provisions of this section is a

12-36  misdemeanor.

12-37     Sec. 14.  NRS 432A.077 is hereby amended to read as follows:

12-38     432A.077  1.  The Board shall adopt:

12-39     (a) Licensing standards for child care facilities.

12-40     (b) [In] Except as otherwise provided in this section, in

12-41  consultation with the State Fire Marshal, plans and requirements to

12-42  ensure that each child care facility and its staff is prepared to

12-43  respond to emergencies, including, without limitation:

12-44         (1) The conducting of fire drills on a monthly basis;

13-1          (2) The adoption of plans to respond to natural disasters and

13-2  emergencies other than those involving fire; and

13-3          (3) The adoption of plans to provide for evacuation of child

13-4  care facilities in an emergency.

13-5      (c) Such other regulations as it deems necessary or convenient to

13-6  carry out the provisions of this chapter.

13-7      2.  The Board shall require that the practices and policies of

13-8  each child care facility provide adequately for the protection of the

13-9  health and safety and the physical, moral and mental well-being of

13-10  each child accommodated in the facility.

13-11     3.  If the Board finds that the practices and policies of a child

13-12  care facility are substantially equivalent to those required by the

13-13  Board in its regulations, it may waive compliance with a particular

13-14  standard or other regulation by that facility.

13-15     4.  The Board shall adopt the plans and requirements

13-16  described in paragraph (b) of subsection 1 in consultation with the

13-17  local fire department in any county with a population of 100,000

13-18  or more or which has been converted into a consolidated

13-19  municipality if the State Fire Marshal has delegated those duties

13-20  to the local government through an interlocal agreement pursuant

13-21  to section 1 of this act.

13-22     Sec. 15.  NRS 432A.180 is hereby amended to read as follows:

13-23     432A.180  1.  Any authorized member or employee of the

13-24  Bureau may enter and inspect any building or premises of a child

13-25  care facility or the area of operation of an outdoor youth program at

13-26  any time to secure compliance with or prevent a violation of any

13-27  provision of this chapter.

13-28     2.  [The] Except as otherwise provided in this section, the State

13-29  Fire Marshal or his [designate] designee shall, at least annually:

13-30     (a) Enter and inspect every building or premises of a child care

13-31  facility, on behalf of the Bureau; and

13-32     (b) Observe and make recommendations regarding the drills

13-33  conducted pursuant to NRS 432A.077,

13-34  to secure compliance with standards for safety from fire and other

13-35  emergencies.

13-36     3.  The local fire department in any county with a population

13-37  of 100,000 or more or which has been converted into a

13-38  consolidated municipality shall conduct the inspections and make

13-39  the recommendations required by subsection 2 if the State Fire

13-40  Marshal has delegated those duties to the local government

13-41  through an interlocal agreement pursuant to section 1 of this act.

13-42     4.  The State Health Officer or his designate shall enter and

13-43  inspect at least annually[,] every building or premises of a child

13-44  care facility and area of operation of an outdoor youth program, on

14-1  behalf of the Bureau, to secure compliance with standards for health

14-2  and sanitation.

14-3      Sec. 16.  NRS 449.150 is hereby amended to read as follows:

14-4      449.150  The Health Division may:

14-5      1.  Upon receipt of an application for a license, conduct an

14-6  investigation into the premises, facilities, qualifications of

14-7  personnel, methods of operation, policies and purposes of any

14-8  person proposing to engage in the operation of a medical facility or

14-9  a facility for the dependent. The facility is subject to inspection and

14-10  approval as to standards for safety from fire, on behalf of the Health

14-11  Division, by [the] :

14-12     (a) The State Fire Marshal[.] ; or

14-13     (b) The local fire department in any county with a population

14-14  of 100,000 or more or which has been converted into a

14-15  consolidated municipality if the State Fire Marshal has delegated

14-16  those duties to the local government through an interlocal

14-17  agreement pursuant to section 1 of this act.

14-18     2.  Upon receipt of a complaint against a medical facility or

14-19  facility for the dependent, except for a complaint concerning the

14-20  cost of services, conduct an investigation into the premises,

14-21  facilities, qualifications of personnel, methods of operation, policies,

14-22  procedures and records of that facility or any other medical facility

14-23  or facility for the dependent which may have information pertinent

14-24  to the complaint.

14-25     3.  Employ such professional, technical and clerical assistance

14-26  as it deems necessary to carry out the provisions of NRS 449.001 to

14-27  449.245, inclusive.

14-28     Sec. 17.  NRS 449.230 is hereby amended to read as follows:

14-29     449.230  1.  Any authorized member or employee of the

14-30  Health Division may enter and inspect any building or premises at

14-31  any time to secure compliance with or prevent a violation of any

14-32  provision of NRS 449.001 to 449.245, inclusive. For the purposes of

14-33  this subsection, “building or premises” does not include a mobile

14-34  unit that is operated by a medical facility which is accredited by the

14-35  Joint Commission on Accreditation of Healthcare Organizations or

14-36  the American Osteopathic Association.

14-37     2.  [The] Except as otherwise provided in this section, the State

14-38  Fire Marshal or his designee shall, upon receiving a request from the

14-39  Health Division or a written complaint concerning compliance with

14-40  the plans and requirements to respond to an emergency adopted

14-41  pursuant to subsection 7 of NRS 449.037:

14-42     (a) Enter and inspect a residential facility for groups; and

14-43     (b) Make recommendations regarding the adoption of plans and

14-44  requirements pursuant to subsection 7 of NRS 449.037,

14-45  to ensure the safety of the residents of the facility in an emergency.

15-1      3.  The local fire department in any county with a population

15-2  of 100,000 or more or which has been converted into a

15-3  consolidated municipality shall conduct the inspections and make

15-4  the recommendations required by subsection 2 if the State Fire

15-5  Marshal has delegated those duties to the local government

15-6  through an interlocal agreement pursuant to section 1 of this act.

15-7      4.  The State Health Officer or his designee shall enter and

15-8  inspect at least annually each building or the premises of a

15-9  residential facility for groups to ensure compliance with standards

15-10  for health and sanitation.

15-11     [4.] 5. An authorized member or employee of the Health

15-12  Division shall enter and inspect any building or premises operated

15-13  by a residential facility for groups within 72 hours after the Health

15-14  Division is notified that a residential facility for groups is operating

15-15  without a license.

15-16     Sec. 18.  NRS 459.735 is hereby amended to read as follows:

15-17     459.735  1.  The Contingency Account for Hazardous

15-18  Materials is hereby created in the State General Fund.

15-19     2.  The Commission shall administer the Contingency Account

15-20  for Hazardous Materials, and the money in the Account may be

15-21  expended only for:

15-22     (a) Carrying out the provisions of NRS 459.735 to 459.773,

15-23  inclusive;

15-24     (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq.

15-25  and 49 U.S.C. §§ 5101 et seq.;

15-26     (c) Maintaining and supporting the operations of the

15-27  Commission and local emergency planning committees;

15-28     (d) Training and equipping state and local personnel to respond

15-29  to accidents and incidents involving hazardous materials; and

15-30     (e) The operation of training programs and a training center for

15-31  handling emergencies relating to hazardous materials and related

15-32  fires pursuant to NRS [477.045.] 477.039.

15-33     3.  All money received by this state pursuant to 42 U.S.C. §§

15-34  11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with

15-35  the State Treasurer to the credit of the Contingency Account for

15-36  Hazardous Materials. In addition, all money received by the

15-37  Commission from any source must be deposited with the State

15-38  Treasurer to the credit of the Contingency Account for Hazardous

15-39  Materials. The State Controller shall transfer from the Contingency

15-40  Account to the Operating Account of the State Fire Marshal such

15-41  money collected pursuant to chapter 477 of NRS as is authorized for

15-42  expenditure in the budget of the State Fire Marshal for use pursuant

15-43  to paragraph (e) of subsection 2.

15-44     4.  Upon the presentation of budgets in the manner required by

15-45  law, money to support the operation of the Commission pursuant to

16-1  this chapter, other than its provision of grants, must be provided by

16-2  direct legislative appropriation from the State Highway Fund or

16-3  other legislative authorization to the Contingency Account for

16-4  Hazardous Materials.

16-5      5.  The interest and income earned on the money in the

16-6  Contingency Account for Hazardous Materials, after deducting any

16-7  applicable charges, must be credited to the Account.

16-8      6.  All claims against the Contingency Account for Hazardous

16-9  Materials must be paid as other claims against the State are paid.

16-10     Sec. 19.  NRS 477.032 and 477.047 are hereby repealed.

 

16-11  TEXT OF REPEALED SECTIONS

 

16-12     477.032  Regulations concerning registration of qualified

16-13   interior designers who provide interior materials and

16-14   furnishings regulated by building code; contents of regulations;

16-15   eligibility.

16-16     1.  The State Fire Marshal shall, by regulation, provide for the

16-17   registration of qualified interior designers who provide interior

16-18   materials and furnishings regulated by a building code.

16-19     2.  The regulations must set forth:

16-20     (a) The qualifications necessary for the issuance of a certificate

16-21   of registration pursuant to this section, including, without

16-22   limitation, the submission of evidence of the successful completion

16-23   of a course of study approved by the State Fire Marshal regarding

16-24   applicable building codes and other related information.

16-25     (b) The criteria for approving instructors and courses of study

16-26   regarding applicable building codes and other related information.

16-27     (c) Any continuing education necessary for the renewal of a

16-28   certificate of registration issued pursuant to this section.

16-29     3.  A person licensed or registered by the State Board of

16-30   Architecture, Interior Design and Residential Design pursuant to

16-31   chapter 623 of NRS is not eligible for the issuance of a certificate

16-32   of registration pursuant to this section.

16-33     477.047  Hazardous materials: Establishment of mobile

16-34   training team to train volunteer firemen to respond to

16-35   incidents.

16-36     1.  The State Fire Marshal shall establish a mobile training team

16-37   to train volunteer firemen to respond to incidents involving

16-38   hazardous materials.

16-39     2.  The State Fire Marshal shall have the goal of providing to all

16-40   volunteer firemen training in compliance with the requirements for

17-1  the first responder operations level set forth in 29 C.F.R. §

17-2  1910.120.

17-3      3.  As used in this section, “hazardous material” has the

17-4   meaning ascribed to it in NRS 459.7024.

 

17-5  H