NRS: CHAPTER 472 - STATE FORESTER FIREWARDEN

[Rev. 6/29/2024 4:14:25 PM--2023]

TITLE 42 - PROTECTION FROM FIRE; EXPLOSIVES

CHAPTER 472 - STATE FORESTER FIREWARDEN

GENERAL PROVISIONS

NRS 472.005 “Rangeland fire protection association” defined.

ADMINISTRATION

NRS 472.010 Creation; appointment.

NRS 472.020 Qualifications.

NRS 472.025 Classification; restrictions on other employment.

NRS 472.040 Powers and duties; administrative supervision.

MANAGEMENT OF VEGETATION

NRS 472.043 Establishment and preservation of vegetative cover in forests, on rangelands and on watershed land.

COOPERATIVE AGREEMENTS

NRS 472.050 Agreements with Federal Government, other entities and individuals for protection from fire; related agreements; deposit of federal money.

NRS 472.053 Agreements with federal, state and local agencies for creation of fire board of directors to ensure that agencies in this State work collaboratively.

NRS 472.057 Wildland Fire Protection Program: Creation; agreements with fire protection districts or boards of county commissioners; provision of resources to such fire protection districts and boards of county commissioners.

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

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

PUBLIC-PRIVATE PARTNERSHIPS

NRS 472.095 Public-private partnerships for addressing threat of catastrophic wildfires in this State.

MISCELLANEOUS

NRS 472.110 Meals may be provided to employees involved in certain emergencies or projects.

RANGELAND FIRE PROTECTION ASSOCIATIONS

NRS 472.200 Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.

NRS 472.210 Regulations and recommendations.

CRIMES, RESPONSIBILITIES AND LIABILITIES

NRS 472.500 Elimination of fire hazards.

NRS 472.510 Activities which may be prohibited or restricted; public announcement and posting of prohibited or restricted activities; cooperation and collaboration with relevant federal, state and local agencies; applicability; penalty.

NRS 472.520 Unlawful burning, blasting or use of fireworks, welding torch, tarpot or other device; permits; exceptions; applicability; penalty.

NRS 472.530 Liability of person, firm, association or agency for damage by fire.

NRS 472.540 Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.

_________

GENERAL PROVISIONS

NRS 472.005 “Rangeland fire protection association” defined. As used in this chapter, unless the context otherwise requires, the term “rangeland fire protection association” means a nonprofit association formed for the purpose of protecting rangeland from wildfire pursuant to NRS 472.200, 474.323 or 474.518, as applicable.

(Added to NRS by 2015, 1996)

ADMINISTRATION

NRS 472.010 Creation; 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, rangeland 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) 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.

(e) 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.

(f) 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.

(g) 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 this State.

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

(i) 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.

(j) Work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to:

(1) Identify and mitigate the risks of wildfire to life, property and ecosystems;

(2) Restore and maintain landscape resiliency;

(3) Create and maintain fire-adapted communities and ignition-resistant communities; and

(4) Improve and support safe and effective responses to wildfire.

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, rangeland and watershed management or the protection of 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 for fire protection, fire prevention and forest, rangeland and watershed management, including, without limitation, cameras or other equipment necessary for the early warning or detection of wildfires.

(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; 2015, 2226; 2021, 485, 626, 1365)

MANAGEMENT OF VEGETATION

NRS 472.043 Establishment and preservation of vegetative cover in forests, on rangelands and on watershed land.

1. It is the purpose of this section to provide for the maintenance of vegetative cover in forests, on rangelands and on watershed land, to conserve water and soil, to mitigate wildfires 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 vegetative cover in forests, on rangelands or on watershed lands.

(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of vegetative cover in forests, on rangelands and on 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; 2021, 627)

COOPERATIVE AGREEMENTS

NRS 472.050 Agreements with Federal Government, other entities and individuals 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, rangeland and watershed land management and the protection of such areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other 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 vegetation management and the protection from fire of 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, rangelands 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; 2015, 1997; 2021, 628)

NRS 472.053 Agreements with federal, state and local agencies for creation of fire board of directors to ensure that agencies in this State work collaboratively. The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into a cooperative agreement with federal, state and local agencies for the purpose of creating a fire board of directors to ensure, without limitation, that agencies in this State work collaboratively to:

1. Determine and plan for best practices for wildfire suppression tactics and needs;

2. Facilitate communication among the agencies when a wildfire occurs; and

3. Develop policies that ensure a safe and effective response to a wildfire.

(Added to NRS by 2021, 485)

1. The Wildland Fire Protection Program is hereby created in the Division of Forestry of the State Department of Conservation and Natural Resources to provide wildfire protection and resources throughout this State.

2. 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 any fire protection district or board of county commissioners to participate in the Wildland Fire Protection Program.

3. The Wildland Fire Protection Program may provide fire protection districts and boards of county commissioners who enter into the agreement to participate in the Wildland Fire Protection Program with resources for wildfire protection, firefighting and recovery, including, without limitation, technical assistance and labor, when available, to reduce the risk of wildfires in high to extreme wildfire risk areas and to reduce the cost of suppressing wildfires.

(Added to NRS by 2021, 485)

NRS 472.060 Fire protection districts and counties may enter into agreements with State Forester Firewarden and other entities; 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, rangeland fire protection associations and other 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 and rangeland protection improvements and equipment and for paying other expenses incidental to the protection of lands from fire, including any portion of the office and travel expense of the Division of Forestry of the State Department of Conservation and Natural Resources 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; 2015, 1998; 2021, 628)

NRS 472.070 Separate or collective agreements with United States Forest Service and United States Bureau of Land Management and other entities; 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, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association 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; 2015, 1998; 2021, 629)

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]

PUBLIC-PRIVATE PARTNERSHIPS

NRS 472.095 Public-private partnerships for addressing threat of catastrophic wildfires in this State. 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, cancelling, modifying and renewing one or more public-private partnerships for the purpose of addressing the threat of catastrophic wildfires in this State. Any such public-private partnership may address, without limitation, investment in wildfire prevention, restoration, infrastructure and workforce development for enhancing landscape resiliency against the threat of wildfires.

(Added to NRS by 2021, 1365)

MISCELLANEOUS

NRS 472.110 Meals may be provided to employees involved in certain emergencies or projects. 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 or critical natural resource projects if the State Forester Firewarden determines that it is impractical for the employees to eat at home because of their duties in that emergency or on that assignment.

(Added to NRS by 1979, 83; A 2021, 487)

RANGELAND FIRE PROTECTION ASSOCIATIONS

NRS 472.200 Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.

1. Except as otherwise provided in NRS 474.323 and 474.518, any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property within a county in this State may establish a rangeland fire protection association by petitioning the board of county commissioners of the county in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.

2. A board of county commissioners may approve a petition submitted pursuant to subsection 1 if the petitioners:

(a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

(b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association meets all the applicable requirements set forth in the regulations adopted by the State Forester Firewarden pursuant to NRS 472.210 concerning the formation, operation and training of the members of a rangeland fire protection association.

3. A board of county commissioners, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

(a) The governance and management structure of the association;

(b) The adequacy of any policy of liability insurance carried by the association;

(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the State Forester Firewarden.

4. A board of county commissioners may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of county commissioners the results of any such delegated evaluation.

5. The board of county commissioners, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.

6. The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

(Added to NRS by 2015, 1996)

NRS 472.210 Regulations and recommendations.

1. The State Forester Firewarden shall adopt regulations governing a rangeland fire protection association established pursuant to NRS 472.200 setting forth:

(a) The requirements for the formation of such a rangeland fire protection association, including the governance and management structure of an association;

(b) The scope of the operations which may be conducted by such an association;

(d) The amount of liability insurance that must be carried by such an association; and

(e) Any financial requirements for the formation and operation of such an association.

2. The State Forester Firewarden shall develop recommendations concerning the formation, operation and training of the members of a rangeland fire protection association established pursuant to NRS 474.323 or 474.518. Such recommendations must address the topics set forth in subsection 1.

(Added to NRS by 2015, 1997)

CRIMES, RESPONSIBILITIES AND LIABILITIES

NRS 472.500 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)

1. The State Forester Firewarden may prohibit or restrict the following activities on any lands within the jurisdiction of the State Forester Firewarden when a danger to public safety or natural resources exists because of conditions which create a high risk of fire:

(a) The operation in an area of timber, brush or grass of a motor vehicle or other item of equipment powered by a motor:

(1) If the motor does not have a spark arrestor as required by law; or

(2) If the operator does not have in his or her possession an ax, shovel and at least 1 gallon of water;

(b) The operation in an area of timber, brush or grass of a motor vehicle off an existing paved, gravel or dirt road;

(c) The smoking of tobacco or other substances in any place other than a motor vehicle or an area cleared of flammable vegetation;

(d) Setting an open fire in any place other than in a fireplace located in an established picnic area or campground; or

(e) Other activities, if specified in regulations adopted by the State Forester Firewarden and the prohibition or restriction is related to reducing a high risk of fire,

Ê but these prohibitions and restrictions do not apply in established campgrounds or picnic areas, beaches or places of habitation or to travel on state or federal highways.

2. The State Forester Firewarden shall make a public announcement and post signs in any area where the State Forester Firewarden has prohibited or restricted any activities.

3. The State Forester Firewarden shall, upon finding that a danger to public safety or to natural resources no longer exists, make known to the public the end of any prohibition or restriction in that area.

4. The State Forester Firewarden shall cooperate and collaborate with the relevant federal, state and local agencies in prohibiting or restricting activities pursuant to this section.

5. The provisions of this section apply only to specified prohibitions or restrictions and do not confer upon the State Forester Firewarden the power to prohibit access to land.

6. Any person violating any of the provisions of subsection 1 is guilty of a misdemeanor.

(Added to NRS by 2015, 2224; A 2021, 487)

NRS 472.520 Unlawful burning, blasting or use of fireworks, welding torch, tarpot or other device; permits; exceptions; applicability; penalty.

1. Except as otherwise provided in this section and NRS 527.126, it is unlawful for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on the land of the person, firm, association, corporation or agency or on the land of another, or on public land, unless the burning or act is done under a written permit from the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent and in strict accordance with the terms of the permit.

2. Written permission is not necessary:

(a) At any time during the year when the State Forester Firewarden determines that no fire hazard exists.

(b) To burn materials in screened, safe incinerators, or in incinerators approved by the local governmental jurisdiction, the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at the fire at all times during its burning.

3. This section does not prevent the issuance of an annual permit to any:

(a) Public utility covering its usual and emergency operation and maintenance work.

(b) Person who engages in agricultural production.

4. This section does not prevent the building of necessary controlled small camp and branding fires if caution is taken to make certain that the fire is extinguished before leaving. In any case where the fire escapes and does injury to the property of another, the escape and injury are prima facie evidence of a violation of this section.

5. The provisions of this section apply only to areas of land that are outside of incorporated cities and towns.

6. Any person, firm, association, corporation or agency violating any of the provisions of this section is guilty of a misdemeanor.

7. As used in this section:

(a) “Agricultural production” means an activity associated with the production of agricultural products for food, fiber, fuel or any other lawful use, including every process and step necessary and incident to the preparation, production and storage of agricultural products for human or animal consumption. The term includes, without limitation:

(1) Planting, harvesting or raising agricultural, horticultural, floricultural or viticultural crops, including, without limitation, fruits, vegetables, grains, seeds, nursery stock, plant products, plant by-products and plant compost;

(2) Breeding, raising, feeding or managing livestock, furbearing animals, fish, bees and any other animal or aquatic species, or any product thereof;

(3) The construction, expansion, use, maintenance or repair of an agricultural production facility;

(4) Processing and packaging; and

(5) Manufacturing feed for animals.

(b) “Agricultural production facility” means any structure or land that is used for the production of agricultural products, including, without limitation, a structure or land that is privately or publicly owned, leased or operated.

(Added to NRS by 2015, 2225)

NRS 472.530 Liability of person, firm, association or agency for damage by fire. Except as otherwise provided in NRS 527.126, any person, firm, association or agency which, personally or through another, willfully, negligently or in violation of the law:

1. Sets fire to the property, whether privately or publicly owned, of another;

2. Allows fire to be set to the property, whether privately or publicly owned, of another; or

3. Allows a fire kindled or attended by the person, firm, association or agency to escape to the property, whether privately or publicly owned, of another,

Ê is liable to the owner of the property for the damages caused by the fire.

(Added to NRS by 2015, 2225)

NRS 472.540 Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.

1. Except as otherwise provided in this section or by specific statute, if the State Forester Firewarden determines that a person, firm, association or agency is responsible for willfully or negligently causing any fire or other emergency, the person, firm, association or agency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency, together with the cost of necessary patrol. This charge constitutes a debt of the person, firm, association or agency charged and is collectible by the federal, state, county, city or municipal agency, or general improvement district created pursuant to NRS 318.1181 for the purpose of furnishing fire protection, incurring such expenses in the same manner as in the case of an obligation under a contract, express or implied.

2. In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a fire pursuant to subsection 1, the State Forester Firewarden shall consider, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

3. Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of expenses and costs described in subsection 1 if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the fire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the fire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

4. If the State Forester Firewarden determines that the fire or other emergency was the result of an unavoidable accident, the State Forester Firewarden shall not charge the person, firm, association or agency that caused the fire or emergency the expenses incurred in extinguishing the fire or meeting the emergency.

5. As used in this section:

(a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

(b) “Livestock” has the meaning ascribed to it in NRS 569.0085.

(Added to NRS by 2015, 2225; A 2021, 1369)