[Rev. 11/21/2013 11:57:41 AM--2013]

TITLE 42 - PROTECTION FROM FIRE; EXPLOSIVES

CHAPTER 472 - STATE FORESTER FIREWARDEN

NRS 472.010           Appointment.

NRS 472.020           Qualifications.

NRS 472.025           Classification; restrictions on other employment.

NRS 472.040           Powers and duties; administrative supervision.

NRS 472.041           Enforcement of regulations relating to reduction of vegetation around structures.

NRS 472.043           Establishment and preservation of forest and vegetative cover in forest and watershed.

NRS 472.050           Cooperative agreements with Federal Government for protection from fire; related agreements; deposit of federal money.

NRS 472.060           Fire protection districts and counties may enter into cooperative agreements with State Forester Firewarden; expenditure of money.

NRS 472.070           Separate or collective agreements with United States Forest Service and United States Bureau of Land Management; disbursement of money.

NRS 472.080           Cancellation, modification and renewal of cooperative agreements.

NRS 472.090           District or county fire coordinator to be appointed by county; supervision of State Forester Firewarden.

NRS 472.100           Fire retardant roofing material to be used in areas designated as fire hazardous; notice of standards; enforcement; penalty.

NRS 472.105           Required consultation before adoption of regulations concerning buildings or structures.

NRS 472.110           Meals may be provided to employees during emergency.

NRS 472.120           Elimination of fire hazards.

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      NRS 472.010  Appointment.  There is hereby created the position of State Forester Firewarden. The State Forester Firewarden shall be appointed by and be responsible to the Director of the State Department of Conservation and Natural Resources.

      [1:149:1945; 1943 NCL § 3169]—(NRS A 1957, 650)

      NRS 472.020  Qualifications.  The State Forester Firewarden must be:

      1.  A graduate of a recognized school of forestry, or the equivalent.

      2.  Trained in fire control work.

      [Part 2:149:1945; 1943 NCL § 3169.01] + [39:295:1953; A 1955, 517]—(NRS A 1957, 650)

      NRS 472.025  Classification; restrictions on other employment.

      1.  The State Forester Firewarden is in the unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, the State Forester Firewarden shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      (Added to NRS by 1959, 788; A 1960, 395; 1961, 657; 1963, 1332; 1965, 705; 1967, 1500; 1971, 1439; 1981, 1282; 1995, 2315)

      NRS 472.040  Powers and duties; administrative supervision.

      1.  The State Forester Firewarden shall:

      (a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      (d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.

      (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.

      (f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

      (g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

      (h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

      (i) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

      (j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.

      (k) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318, 473 or 474 of NRS.

      (l) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436.

      2.  The State Forester Firewarden in carrying out the provisions of this chapter may:

      (a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.

      (b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators.

      (e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      (g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

      (h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

      3.  The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

      [4:149:1945; A 1949, 543; 1955, 587]—(NRS A 1957, 70, 651; 1959, 141; 1971, 2080; 1973, 300; 1977, 1144; 1981, 481, 1586; 1985, 296; 1993, 2534; 2003, 916; 2005, 335; 2009, 2746; 2011, 1570)

      NRS 472.041  Enforcement of regulations relating to reduction of vegetation around structures.

      1.  The State Forester Firewarden may:

      (a) In a district formed pursuant to NRS 473.034; and

      (b) In an area designated pursuant to paragraph (d) of subsection 1 of NRS 472.040, including, without limitation, any land within the 1/2-mile radius surrounding such an area,

Ę enforce all regulations relating to the reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure to reduce the exposure of the structure to fire and radiant heat and increase the ability of firefighters to protect the structure.

      2.  The enforcement of these provisions must permit the planting of grass, trees, ornamental shrubbery or other plants used to stabilize the soil and prevent erosion so long as the plants do not form a means of rapidly transmitting fire from native growth to any structure.

      (Added to NRS by 1985, 2120; A 2009, 2747)

      NRS 472.043  Establishment and preservation of forest and vegetative cover in forest and watershed.

      1.  It is the purpose of this section to provide for the maintenance of forest and vegetative cover on forest and watershed land, to conserve water and soil and to prevent destructive floods.

      2.  The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may:

      (a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve forest and vegetative cover on forest or watershed lands.

      (b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of forest and vegetative cover on forest and watershed lands, including any work necessary to accomplish such purposes.

      3.  In entering into contracts the State Forester Firewarden shall give priority to, but not be limited to, situations where:

      (a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.

      (b) The denuded area is of a size, and the topography and soil characteristics are of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public welfare.

      (c) The vegetative cover will not be restored by natural means in time effectively to prevent undue erosion and flood runoff.

      (d) The natural succession of vegetation may be detrimental to the public welfare.

      4.  The State Forester Firewarden, or any agents of the State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners for the purposes set forth in this section.

      (Added to NRS by 1969, 388; A 1977, 1146)

      NRS 472.050  Cooperative agreements with Federal Government for protection from fire; related agreements; deposit of federal money.

      1.  The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.

      2.  Any federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the State for the management and protection of forests and watershed areas therein shall be deposited in the Division of Forestry Account in the State General Fund.

      [5:149:1945; 1943 NCL § 3169.04]—(NRS A 1957, 70, 652; 1973, 270; 1977, 1146)

      NRS 472.060  Fire protection districts and counties may enter into cooperative agreements with State Forester Firewarden; expenditure of money.  Any fire protection district and board or boards of county commissioners of the State of Nevada may:

      1.  Enter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, organizations and individuals, to prevent and suppress outdoor fires.

      2.  Appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression; for the purchase, construction and maintenance of forest protection improvements and equipment; and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the Division of Forestry incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      [6:149:1945; 1943 NCL § 3169.05]—(NRS A 1977, 1147)

      NRS 472.070  Separate or collective agreements with United States Forest Service and United States Bureau of Land Management; disbursement of money.  The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, and other fire protection agencies, to provide for placing any or all portions of the fire protection work under the direction of the agency concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the respective agency for disbursement by that agency for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      [7:149:1945; 1943 NCL § 3169.06]—(NRS A 1977, 1147)

      NRS 472.080  Cancellation, modification and renewal of cooperative agreements.  Any authority granted by this chapter for entering into cooperative agreements shall be deemed to include authority for cancelling, modifying and renewing such agreements.

      [8:149:1945; 1943 NCL § 3169.07]

      NRS 472.090  District or county fire coordinator to be appointed by county; supervision of State Forester Firewarden.  Any county, counties, or portion thereof, electing to form a fire protection district shall appoint a district or county fire coordinator who shall be approved by and work under the supervision of the State Forester Firewarden. The county fire coordinator of the respective district shall assist the State Forester Firewarden in determining personnel and equipment needs to perfect a fire control organization within the limitations of existing statutes.

      [9:149:1945; 1943 NCL § 3169.08]

      NRS 472.100  Fire retardant roofing material to be used in areas designated as fire hazardous; notice of standards; enforcement; penalty.

      1.  A residential or commercial building must not be constructed, altered, changed or repaired in any area designated by the State Forester Firewarden as fire hazardous if the construction uses roofing materials other than fire retardant roofing materials meeting the standards set by the State Forester Firewarden pursuant to NRS 472.040.

      2.  The State Forester Firewarden shall notify the governing body of each city or county in which a building code is in effect as soon as standards for fire retardant roofing materials have been established pursuant to paragraph (e) of subsection 1 of NRS 472.040. The governing body is responsible for the enforcement of the provisions of subsection 1 of this section within the areas over which it exercises jurisdiction. No building permit may be issued for construction within the jurisdiction of any such governing body in violation of subsection 1 of this section.

      3.  The State Forester Firewarden is responsible for the enforcement of the provisions of subsection 1 in all areas of the State in which there is no building code in effect.

      4.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1973, 299; A 1991, 310)

      NRS 472.105  Required consultation before adoption of regulations concerning buildings or structures.  Before the State Forester Firewarden may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the State Forester Firewarden shall consult with the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      (Added to NRS by 2011, 3576; A 2013, 397)

      NRS 472.110  Meals may be provided to employees during emergency.  The State Forester Firewarden may provide meals to employees of the Division of Forestry of the State Department of Conservation and Natural Resources who are involved in emergency fire fighting if the State Forester Firewarden determines that it is impractical for the employees to eat at home because of their duties in that emergency.

      (Added to NRS by 1979, 83)

      NRS 472.120  Elimination of fire hazards.

      1.  Any owner of lands within the jurisdiction of the State Forester Firewarden shall eliminate and remove a fire hazard on the owner’s property when directed to do so by the State Forester Firewarden.

      2.  If the owner does not comply within the time specified by the State Forester Firewarden, the State Forester Firewarden may eliminate and remove the fire hazard and may for this purpose contract with any person for the performance of the work.

      3.  The cost incurred by the State Forester Firewarden in eliminating and removing the fire hazard may be recovered directly from the owner of the property or the State Forester Firewarden may make the cost a special assessment against the real property. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the collection and enforcement of county taxes are applicable to the special assessment.

      (Added to NRS by 1991, 380)