NAC: CHAPTER 472 - STATE FORESTER FIREWARDEN

[Rev. 6/10/2016 3:07:26 PM]

[NAC-472 Revised Date: 6-16]

CHAPTER 472 - STATE FORESTER FIREWARDEN

FIRE RETARDANT ROOFING MATERIALS

472.020 Areas in which required.

472.030 Fire retardant roofing materials: Minimum standards; wooden shakes or shingles not approved.

RANGELAND FIRE PROTECTION ASSOCIATIONS

472.100 Formation and establishment.

472.110 Approval of petition.

472.120 Annual evaluation.

472.130 Three-way agreement by board of county commissioners.

472.140 Duties.

472.150 Scope of authority.

472.160 Formation and establishment within county fire protection district; approval of petition; recommendations; annual evaluation.

472.170 Three-way agreement by board of directors or board of fire commissioners.

FIRE RETARDANT ROOFING MATERIALS

NAC 472.020 Areas in which required. (NRS 472.040)

1. The areas within Nevada where fire retardant roofing materials must be used are those areas marked on the master map on file with the State Forester Firewarden.

2. The areas designated principally lie within the following counties:

(a) Carson City.

(b) Washoe County.

(d) Clark County.

(e) Storey County.

3. A copy of the map may be obtained by contacting the Division of Forestry of the State Department of Conservation and Natural Resources.

[Div. of Forestry, § 105, eff. 7-28-74] — (NAC A by St. Forester Firewarden, 2-19-87)

NAC 472.030 Fire retardant roofing materials: Minimum standards; wooden shakes or shingles not approved.

1. Except at otherwise provided in subsection 2, those fire retardant roof coverings which are delineated in paragraphs 1 to 10, inclusive, of subsection (e) of section 3203 of chapter 32 of the Uniform Building Code, 1985 edition, and the standards by which these are measured, being Standard No. 32-7 of the Uniform Building Code Standards, 1985 edition, are hereby adopted by the State Forester Firewarden as minimum standards for fire retardant roofing materials.

2. Roof coverings consisting of shakes or shingles made of wood are not approved as fire retardant roofing materials.

3. A copy of these standards may be obtained from the Division of Forestry of the State Department of Conservation and Natural Resources at 201 South Fall Street, Carson City, Nevada 89710, for a cost of $2.

[Div. of Forestry, § 110, eff. 7-28-74] — (NAC A by St. Forester Firewarden, 2-19-87)

RANGELAND FIRE PROTECTION ASSOCIATIONS

NAC 472.100 Formation and establishment. (NRS 472.200) A rangeland fire protection association:

1. May be formed by any business entity, cooperative or any two or more persons who own, lease, produce agriculture on or occupy property.

2. May be established through a petition for approval filed with the board of county commissioners in which the property is located, unless the property is located in a county fire protection district formed pursuant to chapter 474 of NRS.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.110 Approval of petition. (NRS 472.200) A board of county commissioners may approve a petition filed pursuant to NRS 472.200 and NAC 472.100 if the petitioning association:

1. Provides to the board a written notice from the State Forester Firewarden that the proposed rangeland fire protection association meets all the applicable requirements set forth in NAC 472.100 to 472.150, inclusive; and

2. Meets any additional requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.120 Annual evaluation. (NRS 472.210)

1. Before entering into any agreement with a rangeland fire protection association pursuant to NRS 472.060, 472.070 or 472.200 or NAC 472.130, and annually thereafter, a board of county commissioners, in cooperation with the State Forester Firewarden, shall evaluate the rangeland fire protection association to ensure it meets the following requirements:

(a) Adequate governance and management structure, including, without limitation, the appointment of a chair to act as management executive of the association and run association meetings, the appointment of a commander of operations and the appointment of supervisors, as necessary.

(b) A map delineating the geographical boundaries, as described in NAC 472.150, within which the association will operate.

(c) Adequate liability insurance coverage, in an amount not less than $100,000, as determined annually by consensus of the board of county commissioners and the State Forester Firewarden, in consultation with their respective risk management departments.

(d) Satisfactory condition and maintenance of vehicles and equipment used by the association, as determined through an on-site inspection of vehicles and equipment and a review of maintenance records.

(e) Adequate training and qualifications of association members, including, without limitation, all association members involved in firefighting at least satisfying the qualifications for Firefighter Type 2, certified by the authority having jurisdiction, as specified in the most recent version of the National Wildland Fire Qualification System Guide, PMS 310-1, which is hereby adopted by reference. A copy of the publication is available, free of charge, from the National Wildfire Coordinating Group at the Internet address http://www.nwcg.gov/sites/default/files/products/pms310-1_2015.pdf.

2. A board of county commissioners may delegate, in writing, the performance of the evaluation required pursuant to subsection 1 and NRS 472.200 to the State Forester Firewarden who will report the results of the evaluation to that board.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.130 Three-way agreement by board of county commissioners. (NRS 472.060, 472.070)

1. A board of county commissioners may enter into a three-way agreement with a rangeland fire protection association and the Division of Forestry of the State Department of Conservation and Natural Resources pursuant to NRS 472.060 or 472.070.

2. Before entering into an agreement with the Division as described in subsection 1, a rangeland fire protection association must be approved by the board of county commissioners pursuant to NRS 472.200 and NAC 472.110 and must comply with all applicable requirements of chapter 472 of NRS and NAC 472.100 to 472.150, inclusive, as a condition of the agreement.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.140 Duties. (NRS 472.210) A rangeland fire protection association entering into an agreement described in NAC 472.130 shall:

1. Provide to the State Forester Firewarden a written inventory of association resources available to provide fire protection, including, without limitation, the number and types of personnel, vehicles and equipment. This list must be updated as needed and at least once each calendar year.

2. Maintain industrial insurance for all personnel in accordance with chapters 616A to 616D, inclusive, of NRS.

3. Enforce proper use and maintenance of personal protective equipment at all times.

4. Adhere to proper radio etiquette and an approved plan for all radio communications equipment, including, without limitation, any requirements issued to the association by a state or federal fire agency.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.150 Scope of authority. (NRS 472.210)

1. The scope of a rangeland fire protection association formed pursuant to NRS 472.200 and NAC 472.110 is limited as follows:

(a) Each member of the association must own, lease, produce agriculture on or occupy property located within the operational boundaries of the association, as provided pursuant to paragraph (b) of subsection 1 of NAC 472.120, and approved by the board of county commissioners and the State Forester Firewarden.

(b) The operational boundaries of the association must represent the common interests of the association membership and must be proportional to the size of the association.

(c) Except as otherwise provided in an agreement described in NAC 472.130, the association shall limit its firefighting operations to primary fire suppression functions during the incipient stage of a wildland fire within the association boundaries or within 1/2 mile of the association boundary.

(d) When entering an adjacent fire protection area to undertake suppression of a fire pursuant to paragraph (c), an association shall immediately notify the adjacent fire protection agency and establish communications with that agency.

(e) A rangeland fire protection association may not engage in interior structure firefighting.

2. A rangeland fire protection association may enter into a mutual aid agreement with an adjacent fire protection district as appropriate and with notification to the State Forester Firewarden.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.160 Formation and establishment within county fire protection district; approval of petition; recommendations; annual evaluation. (NRS 474.232, 474.518)

1. Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property located in a county fire protection district described in NRS 474.010 to 474.450, inclusive, may establish a rangeland fire protection association by filing a petition for approval with the board of directors of such a county fire protection district.

2. Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property located in a county fire protection district described in NRS 474.460 may establish a rangeland fire protection association by filing a petition for approval with the board of fire commissioners of such a county fire protection district.

3. A board of directors or board of fire commissioners of a county fire protection district may approve a petition filed pursuant to subsection 1 or 2 and NRS 474.323 or 474.518, if the proposed rangeland fire protection association meets those requirements established by that board for the creation, operation and duties of a rangeland fire protection association, including, without limitation, requirements regarding management structure, insurance requirements, training requirements, maintenance of equipment and vehicles and scope of operations of the association.

4. The State Forester Firewarden will provide the recommendations developed pursuant to subsection 2 of NRS 472.210 to a board of directors or board of fire commissioners of a county fire protection district regarding the management structure, insurance requirements, training requirements, maintenance of equipment and vehicles and scope of operations of a rangeland fire protection association. A board of directors or board of fire commissioners of a county fire protection district is not bound by the recommendations of the State Forester Firewarden or NAC 472.110 to 472.150, inclusive.

5. A board of directors or board of fire commissioners of a county fire protection district may delegate, in writing, the evaluation of a proposed rangeland fire protection association or any subsequent evaluations required by that board to the State Forester Firewarden, who will report the results of the evaluation to that board.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)

NAC 472.170 Three-way agreement by board of directors or board of fire commissioners. (NRS 472.060, 472.070)

1. A board of directors or board of fire commissioners of a county fire protection district may enter into a three-way agreement with a rangeland fire protection association and the Division of Forestry of the State Department of Conservation and Natural Resources pursuant to NRS 472.060 or 472.070.

2. An agreement described in subsection 1 is not subject to the provisions of NAC 472.130. As part of the agreement, the parties to such an agreement shall mutually agree upon any requirements imposed upon a rangeland fire protection association entering into that agreement.

(Added to NAC by St. Forester Firewarden by R037-15, eff. 10-27-2015)