Requires Two-Thids Majority Vote (§§ 4, 5)
(Reprinted with amendments adopted on April 17, 2003)
FIRST REPRINT S.B. 458
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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 authority of the State Fire Marshal to regulate the construction, maintenance and safety of buildings, structures and property in certain counties; revising provisions governing the State Board of Fire Services and the Fire Service Standards and Training Committee; providing for the 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; requiring local fire departments to collect additional fees for certain services and regulatory activities; 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:
1-1 Section 1. Chapter 477 of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. In a county whose population is 100,000 or more or which
1-4 has been converted into a consolidated municipality, the State Fire
1-5 Marshal shall, upon the request of a local government, delegate to
1-6 the local government by interlocal agreement all or a portion of
1-7 his authority or duties set forth in NRS 331.100, 394.170,
1-8 432A.077, 432A.180, 449.150, 449.230, paragraph (c) of
1-9 subsection 1 of NRS 477.030, subsection 5 of NRS 477.030 or
1-10 NRS 477.035 or 477.045. The local government shall maintain
1-11 qualified personnel and programs required by such an interlocal
1-12 agreement in accordance with nationally recognized standards.
1-13 2. In a county other than one whose population is 100,000 or
1-14 more or which has been converted into a consolidated
1-15 municipality, the State Fire Marshal shall, upon the request of a
1-16 local government, delegate to the local government by interlocal
1-17 agreement all or a portion of his authority or duties set forth in
1-18 NRS 331.100, 394.170, 432A.077, 432A.180, 449.150, 449.230,
1-19 paragraph (c) or (d) of subsection 1 of NRS 477.030, subsection 5
1-20 or 7 of NRS 477.030 or NRS 477.035 or 477.045, if the personnel
1-21 and programs of the local government are, as determined by the
1-22 State Fire Marshal, equally qualified to perform those functions.
1-23 If a local government fails to maintain the qualified personnel and
1-24 programs in accordance with such an agreement, the State Fire
1-25 Marshal shall revoke the agreement.
1-26 3. If an interlocal agreement is entered into pursuant to this
1-27 section by a local government, the local fire department within
1-28 that jurisdiction shall exercise the authority and perform the
1-29 duties of the State Fire Marshal delegated pursuant to the
1-30 interlocal agreement within that jurisdiction.
1-31 Sec. 2. NRS 477.020 is hereby amended to read as follows:
1-32 477.020 1. The State Board of Fire Services, consisting of
1-33 [eight] nine members appointed by the Governor, is hereby created.
1-34 2. The Governor shall appoint:
1-35 (a) A licensed architect;
1-36 (b) A chief of a volunteer fire department;
1-37 (c) A chief of a full-time, paid fire department;
1-38 (d) A professional engineer;
1-39 (e) The State Forester Firewarden;
1-40 (f) A training officer of a volunteer fire department;
1-41 (g) A training officer of a partially or fully paid fire department;
1-42 [and]
2-1 (h) A fire prevention officer of a volunteer fire department or a
2-2 partially or fully paid fire department; and
2-3 (i) A specialist in hazardous materials,
2-4 to the Board. No member other than the State Forester Firewarden
2-5 may serve for more than two consecutive terms.
2-6 3. The Board shall select a Chairman from among its members
2-7 to serve for 1 year. The State Fire Marshal shall serve as the
2-8 Secretary of the Board.
2-9 4. The Board may meet regularly at least twice each year or on
2-10 the call of the Chairman, the Secretary or any three members.
2-11 5. The members of the Board, except the State Forester
2-12 Firewarden, are entitled to receive a salary of $60 for each day’s
2-13 attendance at a meeting of the Board.
2-14 6. The Board shall make recommendations to the State Fire
2-15 Marshal and to the Legislature concerning necessary legislation in
2-16 the field of fire fighting and fire protection. When requested to do so
2-17 by the Director of the Department of Public Safety, the Board shall
2-18 recommend to him not fewer than three persons for appointment as
2-19 State Fire Marshal.
2-20 7. The Board shall advise the State Fire Marshal on matters
2-21 relating to the training of [firemen.] fire service personnel.
2-22 Sec. 3. NRS 477.030 is hereby amended to read as follows:
2-23 477.030 1. Except as otherwise provided in this section, the
2-24 State Fire Marshal shall enforce all laws and adopt regulations
2-25 relating to:
2-26 (a) The prevention of fire.
2-27 (b) The storage and use of:
2-28 (1) Combustibles, flammables and fireworks; and
2-29 (2) Explosives in any commercial construction, but not in
2-30 mining or the control of avalanches,
2-31 under those circumstances that are not otherwise regulated by the
2-32 Division of Industrial Relations of the Department of Business and
2-33 Industry pursuant to NRS 618.890.
2-34 (c) The safety, access, means and adequacy of exit in case of fire
2-35 from mental and penal institutions, facilities for the care of children,
2-36 foster homes, residential facilities for groups, facilities for
2-37 intermediate care, nursing homes, hospitals, schools, all buildings,
2-38 except private residences, which are occupied for sleeping purposes,
2-39 buildings used for public assembly and all other buildings where
2-40 large numbers of persons work, live or congregate for any purpose.
2-41 As used in this paragraph, “public assembly” means a building or a
2-42 portion of a building used for the gathering together of 50 or more
2-43 persons for purposes of deliberation, education, instruction, worship,
2-44 entertainment, amusement or awaiting transportation, or the
3-1 gathering together of 100 or more persons in establishments for
3-2 drinking or dining.
3-3 (d) The suppression and punishment of arson and fraudulent
3-4 claims or practices in connection with fire losses.
3-5 [The]
3-6 2. Except as otherwise provided in subsection 11, the
3-7 regulations of the State Fire Marshal apply throughout the State, but,
3-8 except with respect to state-owned or state-occupied buildings, his
3-9 authority to enforce them or conduct investigations under this
3-10 chapter does not extend to a county whose population is 100,000 or
3-11 more or which has been converted into a consolidated municipality,
3-12 except in those local jurisdictions in those counties where he is
3-13 requested to exercise that authority by the chief officer of the
3-14 organized fire department of that jurisdiction.
3-15 [2.] 3. The State Fire Marshal may set standards for equipment
3-16 and appliances pertaining to fire safety or to be used for fire
3-17 protection within this state, including the threads used on fire hose
3-18 couplings and hydrant fittings.
3-19 [3.] 4. The State Fire Marshal shall cooperate with the State
3-20 Forester Firewarden in the preparation of regulations relating to
3-21 standards for fire retardant roofing materials pursuant to paragraph
3-22 (e) of subsection 1 of NRS 472.040.
3-23 [4. The]
3-24 5. Except as otherwise provided in this section, the State Fire
3-25 Marshal shall cooperate with the Division of Child and Family
3-26 Services of the Department of Human Resources in establishing
3-27 reasonable minimum standards for overseeing the safety of and
3-28 directing the means and adequacy of exit in case of fire from family
3-29 foster homes and group foster homes.
3-30 [5.] If the State Fire Marshal has delegated his duties set forth
3-31 in this subsection through an interlocal agreement with a local
3-32 government pursuant to section 1 of this act, the chief officer of
3-33 the organized fire department to whom the duties have been
3-34 delegated shall cooperate with the Division of Child and Family
3-35 Services in establishing such reasonable minimum standards that
3-36 will apply within the jurisdiction of the local government.
3-37 6. The State Fire Marshal shall coordinate all activities
3-38 conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and
3-39 distribute money allocated by the United States pursuant to that act.
3-40 [6.] 7. Except as otherwise provided in [subsection 10,] section
3-41 1 of this act, the State Fire Marshal shall:
3-42 (a) Investigate any fire which occurs in a county other than one
3-43 whose population is 100,000 or more or which has been converted
3-44 into a consolidated municipality, and from which a death results or
3-45 which is of a suspicious nature.
4-1 (b) Investigate any fire which occurs in a county whose
4-2 population is 100,000 or more or which has been converted into a
4-3 consolidated municipality, and from which a death results or which
4-4 is of a suspicious nature, if requested to do so by the chief officer of
4-5 the fire department in whose jurisdiction the fire occurs.
4-6 (c) Cooperate with the Commissioner of Insurance, the Attorney
4-7 General and the Fraud Control Unit established pursuant to NRS
4-8 228.412 in any investigation of a fraudulent claim under an
4-9 insurance policy for any fire of a suspicious nature.
4-10 (d) Cooperate with any local fire department in the investigation
4-11 of any report received pursuant to NRS 629.045.
4-12 (e) Provide specialized training in investigating the causes of
4-13 fires if requested to do so by the chief officer of an organized fire
4-14 department.
4-15 [7.] 8. The State Fire Marshal shall put the National Fire
4-16 Incident Reporting System into effect throughout the State and
4-17 publish at least annually a summary of data collected under the
4-18 System.
4-19 [8.] 9. The State Fire Marshal shall provide assistance and
4-20 materials to local authorities, upon request, for the establishment of
4-21 programs for public education and other fire prevention activities.
4-22 [9.] 10. The State Fire Marshal [shall:] may:
4-23 (a) Assist in checking plans and specifications for construction;
4-24 (b) Provide specialized training to local fire departments; and
4-25 (c) Assist local governments in drafting regulations and
4-26 ordinances,
4-27 on request or as he deems necessary.
4-28 [10. In a county other than one whose population is 100,000 or
4-29 more or which has been converted into a consolidated municipality,
4-30 the State Fire Marshal shall, upon request by a local government,
4-31 delegate to the local government by interlocal agreement all or a
4-32 portion of his authority or duties if the local government’s personnel
4-33 and programs are, as determined by the State Fire Marshal, equally
4-34 qualified to perform those functions. If a local government fails to
4-35 maintain the qualified personnel and programs in accordance with
4-36 such an agreement, the State Fire Marshal shall revoke the
4-37 agreement.]
4-38 11. The regulations of the State Fire Marshal concerning
4-39 matters relating to building codes, including, without limitation,
4-40 matters relating to the construction, maintenance and safety of
4-41 buildings, structures and property, do not apply in a county whose
4-42 population is 100,000 or more or which has been converted into a
4-43 consolidated municipality, except with respect to state-owned or
4-44 state-occupied buildings, or in those local jurisdictions, including,
4-45 without limitation, school districts, in such a county where he is
5-1 requested to apply or enforce the regulations by the governing
5-2 body of that jurisdiction.
5-3 12. If a local fire department provides a service or performs a
5-4 regulatory activity in accordance with an interlocal agreement
5-5 pursuant to section 1 of this act, or if a local fire department
5-6 located in a jurisdiction exempted from the authority of the State
5-7 Fire Marshal provides a service or performs a regulatory activity
5-8 which would have otherwise been provided or performed by the
5-9 State Fire Marshal, the governing body of the jurisdiction in
5-10 which the local fire department is located shall adopt and enforce
5-11 regulations relating to the service or regulatory activity that
5-12 require a standard of safety that meets or exceeds the standard of
5-13 safety established by the State Fire Marshal for the service or
5-14 regulatory activity. The governing body shall provide a copy of all
5-15 regulations adopted pursuant to this subsection to the State Fire
5-16 Marshal.
5-17 Sec. 4. NRS 477.031 is hereby amended to read as follows:
5-18 477.031 1. The State Fire Marshal shall by regulation adopt a
5-19 schedule of fees for the services and regulatory activities performed
5-20 by the State Fire Marshal Division pursuant to the provisions of this
5-21 chapter. The fees must:
5-22 [1.] (a) Approximate the cost of those services and activities [.
5-23 2.] , including administrative and overhead costs.
5-24 (b) Be deposited with the State Treasurer for credit to the
5-25 appropriate account of the State Fire Marshal Division.
5-26 [3.] (c) Be used only to carry out the provisions of this chapter.
5-27 2. If a local fire department provides a service or performs a
5-28 regulatory activity in accordance with an interlocal agreement
5-29 pursuant to section 1 of this act, or if a local fire department
5-30 located in a jurisdiction exempted from the authority of the State
5-31 Fire Marshal provides a service or performs a regulatory activity
5-32 which would have otherwise been provided or performed by the
5-33 State Fire Marshal, and the State Fire Marshal has adopted a fee
5-34 for that service or regulatory activity pursuant to this section, the
5-35 local fire department shall collect from each person to whom the
5-36 service is provided or for which the regulatory activity is
5-37 performed an amount equal to the fee which would have been
5-38 collected by the State Fire Marshal if the State Fire Marshal
5-39 provided the service or performed the regulatory activity. All fees
5-40 collected by a local fire department pursuant to this subsection
5-41 must be deposited with the treasurer of the county in which the
5-42 local fire department is located. A county treasurer shall remit all
5-43 such fees he receives to the State Treasurer quarterly for credit to
5-44 the appropriate account of the State Fire Marshal Division. Such
5-45 fees are in addition to any fees otherwise assessed by the local
6-1 government in which the local fire department is located and a
6-2 local government may consolidate the payment of the additional
6-3 fees required by this subsection with any other fees that the person
6-4 may be required to pay the local government.
6-5 Sec. 5. NRS 477.033 is hereby amended to read as follows:
6-6 477.033 1. A license, issued by the State Fire Marshal, is
6-7 required for:
6-8 (a) Maintenance, installation or sale of fire extinguishers, fire
6-9 alarm systems or fire sprinkler systems.
6-10 (b) Use of explosives in any commercial construction, but not in
6-11 mining or the control of avalanches.
6-12 (c) Commercial fireworks displays.
6-13 (d) Maintenance and installation of medical gas systems.
6-14 2. Applications for licenses must be made on a form prescribed
6-15 by the State Fire Marshal.
6-16 3. The State Fire Marshal may conduct inspections,
6-17 examinations or hearings before the issuance of licenses.
6-18 4. The State Fire Marshal may charge a reasonable fee, to be
6-19 fixed by regulation, for the inspection and issuance of licenses. The
6-20 fee may include an amount to cover administrative and overhead
6-21 costs.
6-22 5. If any person is denied a license by the State Fire Marshal,
6-23 he is entitled to a hearing, upon request, before a hearing officer.
6-24 Sec. 6. NRS 477.035 is hereby amended to read as follows:
6-25 477.035 1. [The] Except as otherwise provided in this
6-26 section, the State Fire Marshal shall:
6-27 (a) Inspect or cause to be inspected annually, all state buildings
6-28 and order such fire-extinguishing and safety appliances as he deems
6-29 necessary for the protection of the property against fire.
6-30 (b) Order the removal of combustibles and rubbish from the
6-31 property, or order such changes in the entrances or exits of
6-32 the buildings as will promote the safety of the occupants, or order
6-33 the provision of such fire escapes as he may deem necessary.
6-34 (c) Provide inspection forms and maintain records of inspections
6-35 of state-owned or state-occupied buildings.
6-36 2. If the agency in charge of any state property fails to comply
6-37 with the order of the State Fire Marshal for any structural change
6-38 within 30 days after the receipt of such order, the State Fire Marshal
6-39 shall report such failure to the State Public Works Board. The State
6-40 Public Works Board shall thereupon take necessary steps to correct
6-41 the situation as ordered.
6-42 3. The State Fire Marshal may [contract with] , through an
6-43 interlocal agreement pursuant to section 1 of this act, delegate to
6-44 local authorities the responsibilities for the inspection of state-
6-45 owned or state-occupied buildings[.] described in subsection 1.
7-1 Sec. 7. NRS 477.037 is hereby amended to read as follows:
7-2 477.037 The State Fire Marshal:
7-3 1. Shall establish and maintain a library of publications, films,
7-4 training programs, training aids, fire report data and other
7-5 materials for the benefit of the fire service of the State and the
7-6 general public.
7-7 2. Shall maintain and update at least annually, a library
7-8 catalog.
7-9 3. Shall incorporate into the materials in the library, where
7-10 feasible and appropriate, a discussion of the issues relating to
7-11 controlled fires.
7-12 [3.] 4. May provide, when feasible and appropriate, Internet-
7-13 based training and distance education.
7-14 5. May charge a reasonable fee for the use of the materials in
7-15 the library.
7-16 Sec. 8. NRS 477.039 is hereby amended to read as follows:
7-17 477.039 1. The State Fire Marshal shall:
7-18 (a) Furnish and administer programs for the training of
7-19 [firemen;] fire service personnel;
7-20 (b) Describe the programs that are available for the training of
7-21 [firemen] fire service personnel and notify fire departments of the
7-22 availability of these programs;
7-23 (c) Administer a program to certify [firemen,] fire service
7-24 personnel, whenever requested to do so[,] by a fire service agency,
7-25 for successful completion of a training program;
7-26 (d) [Develop] Certify training programs for fire service
7-27 agencies pursuant to which fire service personnel may be certified
7-28 for the successful completion of a training program;
7-29 (e) Provide and administer a program to train instructors;
7-30 [(e)] (f) Furnish, and administer the use of, in-house and
7-31 adjunct fire service instructors for the training of fire service
7-32 personnel;
7-33 (g) Assist other agencies and organizations to prepare and
7-34 administer training programs;
7-35 [(f)] and
7-36 (h) Carry out the provisions of [paragraphs (a) to (e), inclusive,]
7-37 this subsection in accordance with recommendations submitted to
7-38 him by the Fire Service Standards and Training Committee and the
7-39 regulations adopted by the Committee . [; and
7-40 (g) Establish a regional hazardous materials training facility and
7-41 furnish training programs concerning hazardous materials for
7-42 emergency personnel, agencies and other persons.]
7-43 2. The State Fire Marshal shall establish and administer a
7-44 training program on hazardous materials to train fire service
7-45 personnel, emergency response personnel, fire service and
8-1 emergency response agencies, and other persons to respond to
8-2 spills of hazardous materials and related fires in accordance with
8-3 the requirements set forth in 29 C.F.R. § 1910.120.
8-4 3. The State Fire Marshal may enter into agreements for the
8-5 procurement of necessary services or property, may accept gifts,
8-6 grants, services or property for the training programs and may
8-7 charge fees for training programs, materials or services provided.
8-8 4. The State Fire Marshal may provide, or cause to be
8-9 provided, mobile training facilities for the use of fire service
8-10 agencies upon their request.
8-11 5. The State Fire Marshal may participate in the
8-12 establishment and administration of regional training facilities for
8-13 the use of fire service agencies.
8-14 Sec. 9. NRS 477.045 is hereby amended to read as follows:
8-15 477.045 1. [The State Fire Marshal shall establish a statewide
8-16 training program for response to spills of hazardous materials and
8-17 related fires.] The State Fire Marshal shall require persons who store
8-18 hazardous materials to obtain a permit to do so.
8-19 2. Except as otherwise provided in this section:
8-20 (a) A permit for the storage of hazardous materials must be
8-21 obtained from the State Fire Marshal; and
8-22 (b) The State Fire Marshal is responsible for any inspections
8-23 and review of plans relating to the storage of hazardous materials.
8-24 3. In counties with a population of 100,000 or more or which
8-25 have been converted into a consolidated municipality, if the State
8-26 Fire Marshal has delegated to a local government his duties
8-27 relating to the storage of hazardous materials in an interlocal
8-28 agreement pursuant to section 1 of this act, the local fire
8-29 department:
8-30 (a) Shall issue permits for the storage of hazardous materials;
8-31 and
8-32 (b) Is responsible for any inspections and review of plans
8-33 relating to the storage of hazardous materials.
8-34 4. The State Fire Marshal or, if applicable, the local fire
8-35 department shall collect a surcharge of $60 for each such permit
8-36 issued in the State. The surcharge is in addition to any other fee
8-37 charged for the issuance of such a permit.
8-38 [2.] 5. The revenue derived by the State Fire Marshal pursuant
8-39 to this section must be deposited with the State Treasurer for credit
8-40 to the Contingency Account for Hazardous Materials. For any
8-41 surcharges collected by a local fire department, the county
8-42 treasurer of the county in which the local fire department is
8-43 located shall remit those surcharges quarterly to the State
8-44 Controller for deposit in the Contingency Account for Hazardous
8-45 Materials.
9-1 Sec. 10. NRS 477.075 is hereby amended to read as follows:
9-2 477.075 1. The Fire Service Standards and Training
9-3 Committee, consisting of seven voting members and one nonvoting
9-4 member, is hereby created.
9-5 2. The Committee consists of the Chairman of the State Board
9-6 of Fire Services, who is an ex officio member of the Committee, one
9-7 member appointed by the State Fire Marshal, and six members
9-8 appointed by the Governor as follows:
9-9 (a) Two chief officers or persons of equivalent rank, or two
9-10 persons designated by the chief of the department, of a full-time,
9-11 paid fire department who have experience in fire service training;
9-12 (b) Two chief officers or persons of equivalent rank, or two
9-13 persons designated by the chief of the department, of a volunteer
9-14 fire department who have experience in fire service training; and
9-15 (c) Two chief officers or persons of equivalent rank, or two
9-16 persons designated by the chief of the department, of a combination
9-17 paid and volunteer fire department who have experience in fire
9-18 service training.
9-19 3. The six members appointed by the Governor must be from
9-20 the following counties:
9-21 (a) One member from Clark County;
9-22 (b) One member from Washoe County; and
9-23 (c) Four members from other counties, except that a majority of
9-24 the voting members on the Committee must not be from one county.
9-25 4. The Governor shall make the appointments from
9-26 recommendations submitted by:
9-27 (a) The Nevada Fire Chiefs Association, Inc.;
9-28 (b) The Nevada State [Firemen’s] Firefighters’ Association;
9-29 (c) The Professional Fire Fighters of Nevada;
9-30 (d) The Southern Nevada Fire [Marshal’s] Prevention
9-31 Association;
9-32 (e) The Southern Nevada Fire Chiefs’ Association;
9-33 (f) The Northern Nevada Fire Marshal’s Association; and
9-34 (g) [Representatives of fire departments of Washoe County.]
9-35 The Northern Nevada Fire Chiefs’ Association.
9-36 5. For the initial terms of the members of the Committee, each
9-37 entity listed in subsection 4 shall submit three recommendations to
9-38 the Governor. After the initial terms, each entity shall submit two
9-39 recommendations to the Governor.
9-40 6. The member appointed by the State Fire Marshal shall serve
9-41 as Secretary to the Committee and is a nonvoting member of the
9-42 Committee.
9-43 7. The members of the Committee shall select a Chairman
9-44 from among their membership.
10-1 8. After the initial terms, the term of each appointed member of
10-2 the Committee is 2 years.
10-3 9. A vacancy in the Committee must be filled for the remainder
10-4 of the unexpired term in the same manner as the original
10-5 appointment.
10-6 10. Each member of the Committee is entitled to receive from
10-7 the State Fire Marshal Division of the Department of Public Safety
10-8 the per diem allowance and travel expenses provided for state
10-9 officers and employees generally for each day or portion of a day
10-10 during which he attends a meeting of the Committee or is otherwise
10-11 engaged in the work of the Committee.
10-12 11. The State Fire Marshal Division shall provide the
10-13 Committee with administrative support.
10-14 Sec. 10.3. NRS 477.110 is hereby amended to read as follows:
10-15 477.110 After May 15, 1981, the governing body of a local
10-16 government may not adopt an ordinance requiring changes to
10-17 existing structures to enhance the safety of occupants from fire if the
10-18 ordinance is:
10-19 1. Less stringent than this chapter; or
10-20 2. [More] Except as otherwise provided in this subsection,
10-21 more stringent than this chapter unless the governing body has
10-22 sought and obtained approval of the ordinance from the State Board
10-23 of Examiners. The provisions of this subsection do not apply in a
10-24 county whose population is 100,000 or more or which has been
10-25 converted into a consolidated municipality.
10-26 Sec. 10.7. NRS 244.3673 is hereby amended to read as
10-27 follows:
10-28 244.3673 The board of county commissioners of any county
10-29 whose population is 100,000 or more or which has been converted
10-30 into a consolidated municipality may provide by ordinance for the
10-31 investigation of fires in which a death has occurred or which are of a
10-32 suspicious origin, and for the enforcement of any regulations
10-33 adopted by the State Fire Marshal[.] which apply to the county.
10-34 Sec. 11. NRS 331.100 is hereby amended to read as follows:
10-35 331.100 The Chief has the following specific powers and
10-36 duties:
10-37 1. To keep all buildings, rooms, basements, floors, windows,
10-38 furniture and appurtenances clean, orderly and presentable as
10-39 befitting public property.
10-40 2. To keep all yards and grounds clean and presentable, with
10-41 proper attention to landscaping and horticulture.
10-42 3. [Under the supervision of the State Fire Marshal, to] To
10-43 make arrangements for the installation and maintenance of water
10-44 sprinkler systems, fire extinguishers, fire hoses and fire hydrants,
10-45 and to take other fire prevention and suppression measures,
11-1 necessary and feasible, that may reduce the fire hazards in all
11-2 buildings under his control[.] under the supervision of:
11-3 (a) The State Fire Marshal; or
11-4 (b) The local fire department in any county with a population
11-5 of 100,000 or more or which has been converted into a
11-6 consolidated municipality if the State Fire Marshal has delegated
11-7 those duties to the local government through an interlocal
11-8 agreement pursuant to section 1 of this act.
11-9 4. To make arrangements and provision for the maintenance of
11-10 the state’s water system supplying the state-owned buildings at
11-11 Carson City, with particular emphasis upon the care and
11-12 maintenance of water reservoirs, in order that a proper and adequate
11-13 supply of water be available to meet any emergency.
11-14 5. To make arrangements for the installation and maintenance
11-15 of water meters designed to measure accurately the quantity of
11-16 water obtained from sources not owned by the State.
11-17 6. To make arrangements for the installation and maintenance
11-18 of a lawn sprinkling system on the grounds adjoining the Capitol
11-19 Building at Carson City, or on any other state-owned grounds where
11-20 such installation is practical or necessary.
11-21 7. To investigate the feasibility, and economies resultant
11-22 therefrom, if any, of the installation of a central power meter, to
11-23 measure electrical energy used by the state buildings in the vicinity
11-24 of and including the Capitol Building at Carson City, assuming the
11-25 buildings were served with power as one unit.
11-26 8. To purchase, use and maintain such supplies and equipment
11-27 as are necessary for the care, maintenance and preservation of the
11-28 buildings and grounds under his supervision and control.
11-29 9. Subject to the provisions of chapter 426 of NRS regarding
11-30 the operation of vending stands in or on public buildings and
11-31 properties by blind persons, to install or remove vending machines
11-32 and vending stands in the buildings under his supervision and
11-33 control, and to have control of and be responsible for their
11-34 operation.
11-35 10. To cooperate with the State Arts Council and the State
11-36 Public Works Board to plan the potential purchase and placement of
11-37 works of art inside or on the grounds surrounding a state building.
11-38 Sec. 12. NRS 392.450 is hereby amended to read as follows:
11-39 392.450 1. The board of trustees of each school district and
11-40 the governing body of each charter school shall provide drills for the
11-41 pupils in the schools in the school district or the charter schools at
11-42 least once each month during the school year to instruct those pupils
11-43 in the appropriate procedures to be followed in the event of a fire or
11-44 other emergency, except a crisis governed by NRS 392.600 to
11-45 392.656, inclusive. Not more than three of those drills may include
12-1 instruction in the appropriate procedures to be followed in the event
12-2 of a chemical explosion, related emergencies and other natural
12-3 disasters.
12-4 2. In all cities or towns which have regularly organized, paid
12-5 fire departments or voluntary fire departments, the drills required by
12-6 subsection 1 must be conducted under the supervision of the:
12-7 (a) Person designated for this purpose by the board of trustees of
12-8 the school district or the governing body of a charter school; and
12-9 (b) Chief of the fire department of the city or town[.] , as
12-10 deemed necessary.
12-11 3. A diagram of the approved escape route and any other
12-12 information related to the drills required by subsection 1 which is
12-13 approved by the chief of the fire department or, if there is no fire
12-14 department, the State Fire Marshal must be kept posted in every
12-15 classroom of every public school by the principal or teacher in
12-16 charge thereof.
12-17 4. The principal, teacher or other person in charge of each
12-18 school building shall cause the provisions of this section to be
12-19 enforced.
12-20 5. Any violation of the provisions of this section is a
12-21 misdemeanor.
12-22 Sec. 13. NRS 394.170 is hereby amended to read as follows:
12-23 394.170 1. The authorities in charge of every private school
12-24 within this state shall provide drills for the pupils in the schools at
12-25 least [twice] once in each month during the school year to instruct
12-26 those pupils in the appropriate procedures to be followed in the
12-27 event of a fire or other emergency, except a crisis governed by NRS
12-28 394.168 to 394.1699, inclusive. Not more than three of those drills
12-29 may include instruction in the appropriate procedures to be followed
12-30 in the event of a chemical explosion, related emergencies and other
12-31 natural disasters.
12-32 2. In all cities or towns which have regularly organized, paid
12-33 fire departments or voluntary fire departments, the drills required by
12-34 subsection 1 must be conducted under the supervision of the chief of
12-35 the fire department of the city or town.
12-36 3. [The] Except as otherwise provided in this section, the State
12-37 Fire Marshal shall prescribe general regulations governing the drills
12-38 required by subsection 1 and shall, with the cooperation of the
12-39 Superintendent of Public Instruction, arrange for the supervision of
12-40 drills in schools where the drills are not supervised pursuant to
12-41 subsection 2. The local fire department in any county with a
12-42 population of 100,000 or more or which has been converted into a
12-43 consolidated municipality shall prescribe the regulations and
12-44 arrange for the supervision of drills in schools as required by this
12-45 subsection if the State Fire Marshal has delegated those duties to
13-1 the local government through an interlocal agreement pursuant to
13-2 section 1 of this act.
13-3 4. A copy of this section must be kept posted in every
13-4 classroom of every private school by the principal or teacher in
13-5 charge thereof.
13-6 5. The principal, teacher or other person in charge of each
13-7 school building shall cause the provisions of this section to be
13-8 enforced.
13-9 6. A diagram of the approved escape route and any other
13-10 information related to the drills required by subsection 1 which is
13-11 approved by the chief of the fire department or, if there is no fire
13-12 department, the State Fire Marshal must be kept posted in every
13-13 classroom of every private school by the principal or teacher in
13-14 charge thereof.
13-15 7. Any violation of the provisions of this section is a
13-16 misdemeanor.
13-17 Sec. 14. NRS 432A.077 is hereby amended to read as follows:
13-18 432A.077 1. The Board shall adopt:
13-19 (a) Licensing standards for child care facilities.
13-20 (b) [In] Except as otherwise provided in this section, in
13-21 consultation with the State Fire Marshal, plans and requirements to
13-22 ensure that each child care facility and its staff is prepared to
13-23 respond to emergencies, including, without limitation:
13-24 (1) The conducting of fire drills on a monthly basis;
13-25 (2) The adoption of plans to respond to natural disasters and
13-26 emergencies other than those involving fire; and
13-27 (3) The adoption of plans to provide for evacuation of child
13-28 care facilities in an emergency.
13-29 (c) Such other regulations as it deems necessary or convenient to
13-30 carry out the provisions of this chapter.
13-31 2. The Board shall require that the practices and policies of
13-32 each child care facility provide adequately for the protection of the
13-33 health and safety and the physical, moral and mental well-being of
13-34 each child accommodated in the facility.
13-35 3. If the Board finds that the practices and policies of a child
13-36 care facility are substantially equivalent to those required by the
13-37 Board in its regulations, it may waive compliance with a particular
13-38 standard or other regulation by that facility.
13-39 4. The Board shall adopt the plans and requirements
13-40 described in paragraph (b) of subsection 1 in consultation with the
13-41 local fire department in any county with a population of 100,000
13-42 or more or which has been converted into a consolidated
13-43 municipality if the State Fire Marshal has delegated those duties
13-44 to the local government through an interlocal agreement pursuant
13-45 to section 1 of this act.
14-1 Sec. 15. NRS 432A.180 is hereby amended to read as follows:
14-2 432A.180 1. Any authorized member or employee of the
14-3 Bureau may enter and inspect any building or premises of a child
14-4 care facility or the area of operation of an outdoor youth program at
14-5 any time to secure compliance with or prevent a violation of any
14-6 provision of this chapter.
14-7 2. [The] Except as otherwise provided in this section, the State
14-8 Fire Marshal or his [designate] designee shall, at least annually:
14-9 (a) Enter and inspect every building or premises of a child care
14-10 facility, on behalf of the Bureau; and
14-11 (b) Observe and make recommendations regarding the drills
14-12 conducted pursuant to NRS 432A.077,
14-13 to secure compliance with standards for safety from fire and other
14-14 emergencies.
14-15 3. The local fire department in any county with a population
14-16 of 100,000 or more or which has been converted into a
14-17 consolidated municipality shall conduct the inspections and make
14-18 the recommendations required by subsection 2 if the State Fire
14-19 Marshal has delegated those duties to the local government
14-20 through an interlocal agreement pursuant to section 1 of this act.
14-21 4. The State Health Officer or his designate shall enter and
14-22 inspect at least annually[,] every building or premises of a child
14-23 care facility and area of operation of an outdoor youth program, on
14-24 behalf of the Bureau, to secure compliance with standards for health
14-25 and sanitation.
14-26 Sec. 16. NRS 449.150 is hereby amended to read as follows:
14-27 449.150 The Health Division may:
14-28 1. Upon receipt of an application for a license, conduct an
14-29 investigation into the premises, facilities, qualifications of
14-30 personnel, methods of operation, policies and purposes of any
14-31 person proposing to engage in the operation of a medical facility or
14-32 a facility for the dependent. The facility is subject to inspection and
14-33 approval as to standards for safety from fire, on behalf of the Health
14-34 Division, by [the] :
14-35 (a) The State Fire Marshal[.] ; or
14-36 (b) The local fire department in any county with a population
14-37 of 100,000 or more or which has been converted into a
14-38 consolidated municipality if the State Fire Marshal has delegated
14-39 those duties to the local government through an interlocal
14-40 agreement pursuant to section 1 of this act.
14-41 2. Upon receipt of a complaint against a medical facility or
14-42 facility for the dependent, except for a complaint concerning the
14-43 cost of services, conduct an investigation into the premises,
14-44 facilities, qualifications of personnel, methods of operation, policies,
14-45 procedures and records of that facility or any other medical facility
15-1 or facility for the dependent which may have information pertinent
15-2 to the complaint.
15-3 3. Employ such professional, technical and clerical assistance
15-4 as it deems necessary to carry out the provisions of NRS 449.001 to
15-5 449.245, inclusive.
15-6 Sec. 17. NRS 449.230 is hereby amended to read as follows:
15-7 449.230 1. Any authorized member or employee of the
15-8 Health Division may enter and inspect any building or premises at
15-9 any time to secure compliance with or prevent a violation of any
15-10 provision of NRS 449.001 to 449.245, inclusive. For the purposes of
15-11 this subsection, “building or premises” does not include a mobile
15-12 unit that is operated by a medical facility which is accredited by the
15-13 Joint Commission on Accreditation of Healthcare Organizations or
15-14 the American Osteopathic Association.
15-15 2. [The] Except as otherwise provided in this section, the State
15-16 Fire Marshal or his designee shall, upon receiving a request from the
15-17 Health Division or a written complaint concerning compliance with
15-18 the plans and requirements to respond to an emergency adopted
15-19 pursuant to subsection 7 of NRS 449.037:
15-20 (a) Enter and inspect a residential facility for groups; and
15-21 (b) Make recommendations regarding the adoption of plans and
15-22 requirements pursuant to subsection 7 of NRS 449.037,
15-23 to ensure the safety of the residents of the facility in an emergency.
15-24 3. The local fire department in any county with a population
15-25 of 100,000 or more or which has been converted into a
15-26 consolidated municipality shall conduct the inspections and make
15-27 the recommendations required by subsection 2 if the State Fire
15-28 Marshal has delegated those duties to the local government
15-29 through an interlocal agreement pursuant to section 1 of this act.
15-30 4. The State Health Officer or his designee shall enter and
15-31 inspect at least annually each building or the premises of a
15-32 residential facility for groups to ensure compliance with standards
15-33 for health and sanitation.
15-34 [4.] 5. An authorized member or employee of the Health
15-35 Division shall enter and inspect any building or premises operated
15-36 by a residential facility for groups within 72 hours after the Health
15-37 Division is notified that a residential facility for groups is operating
15-38 without a license.
15-39 Sec. 18. NRS 459.735 is hereby amended to read as follows:
15-40 459.735 1. The Contingency Account for Hazardous
15-41 Materials is hereby created in the State General Fund.
15-42 2. The Commission shall administer the Contingency Account
15-43 for Hazardous Materials, and the money in the Account may be
15-44 expended only for:
16-1 (a) Carrying out the provisions of NRS 459.735 to 459.773,
16-2 inclusive;
16-3 (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq.
16-4 and 49 U.S.C. §§ 5101 et seq.;
16-5 (c) Maintaining and supporting the operations of the
16-6 Commission and local emergency planning committees;
16-7 (d) Training and equipping state and local personnel to respond
16-8 to accidents and incidents involving hazardous materials; and
16-9 (e) The operation of training programs and a training center for
16-10 handling emergencies relating to hazardous materials and related
16-11 fires pursuant to NRS [477.045.] 477.039.
16-12 3. All money received by this state pursuant to 42 U.S.C. §§
16-13 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with
16-14 the State Treasurer to the credit of the Contingency Account for
16-15 Hazardous Materials. In addition, all money received by the
16-16 Commission from any source must be deposited with the State
16-17 Treasurer to the credit of the Contingency Account for Hazardous
16-18 Materials. The State Controller shall transfer from the Contingency
16-19 Account to the Operating Account of the State Fire Marshal such
16-20 money collected pursuant to chapter 477 of NRS as is authorized for
16-21 expenditure in the budget of the State Fire Marshal for use pursuant
16-22 to paragraph (e) of subsection 2.
16-23 4. Upon the presentation of budgets in the manner required by
16-24 law, money to support the operation of the Commission pursuant to
16-25 this chapter, other than its provision of grants, must be provided by
16-26 direct legislative appropriation from the State Highway Fund or
16-27 other legislative authorization to the Contingency Account for
16-28 Hazardous Materials.
16-29 5. The interest and income earned on the money in the
16-30 Contingency Account for Hazardous Materials, after deducting any
16-31 applicable charges, must be credited to the Account.
16-32 6. All claims against the Contingency Account for Hazardous
16-33 Materials must be paid as other claims against the State are paid.
16-34 Sec. 19. NRS 477.032 and 477.047 are hereby repealed.
16-35 Sec. 20. This act becomes effective on July 1, 2003.
16-36 TEXT OF REPEALED SECTIONS
16-37 477.032 Regulations concerning registration of qualified
16-38 interior designers who provide interior materials and
16-39 furnishings regulated by building code; contents of regulations;
16-40 eligibility.
17-1 1. The State Fire Marshal shall, by regulation, provide for the
17-2 registration of qualified interior designers who provide interior
17-3 materials and furnishings regulated by a building code.
17-4 2. The regulations must set forth:
17-5 (a) The qualifications necessary for the issuance of a certificate
17-6 of registration pursuant to this section, including, without limitation,
17-7 the submission of evidence of the successful completion of a course
17-8 of study approved by the State Fire Marshal regarding applicable
17-9 building codes and other related information.
17-10 (b) The criteria for approving instructors and courses of study
17-11 regarding applicable building codes and other related information.
17-12 (c) Any continuing education necessary for the renewal of a
17-13 certificate of registration issued pursuant to this section.
17-14 3. A person licensed or registered by the State Board of
17-15 Architecture, Interior Design and Residential Design pursuant to
17-16 chapter 623 of NRS is not eligible for the issuance of a certificate of
17-17 registration pursuant to this section.
17-18 477.047 Hazardous materials: Establishment of mobile
17-19 training team to train volunteer firemen to respond to incidents.
17-20 1. The State Fire Marshal shall establish a mobile training team
17-21 to train volunteer firemen to respond to incidents involving
17-22 hazardous materials.
17-23 2. The State Fire Marshal shall have the goal of providing to all
17-24 volunteer firemen training in compliance with the requirements for
17-25 the first responder operations level set forth in 29 C.F.R. §
17-26 1910.120.
17-27 3. As used in this section, “hazardous material” has the
17-28 meaning ascribed to it in NRS 459.7024.
17-29 H