[Rev. 6/29/2024 4:14:30 PM--2023]
CHAPTER 474 - COUNTY FIRE PROTECTION DISTRICTS
GENERAL PROVISIONS
NRS 474.003 “Rangeland fire protection association” defined.
DISTRICTS CREATED BY ELECTION
General Provisions
NRS 474.005 Registration of electors; list of registered voters; reimbursement for costs of conducting election.
NRS 474.007 Activities of district are separate from activities of county and other political subdivisions.
Formation
NRS 474.010 Territory which may be organized into district.
NRS 474.020 Petition of property owners for formation of district; resolution of county commissioners.
NRS 474.030 Notice of proposed formation of district: Heading; contents; publication.
NRS 474.040 Written objections to formation of district; exclusion of territory.
NRS 474.050 Inclusion of territory within proposed district.
NRS 474.060 Proceedings at hearing.
NRS 474.070 Creation of election precincts; election of directors.
NRS 474.080 Notice of election: Contents; publication.
NRS 474.100 Persons entitled to vote; voting by proxy.
NRS 474.110 Canvass of votes; order on favorable vote declaring district organized and directors elected.
NRS 474.120 Filing and distribution of copies of order; prohibition on formation of another district without consent of owners; when organization of district complete.
NRS 474.125 Powers of district.
Board of Directors
NRS 474.130 Terms of office; designation by lot; nonpartisan office.
NRS 474.140 Election procedure following first election.
NRS 474.145 Vacancies.
NRS 474.150 President and secretary of board.
NRS 474.155 Compensation of directors.
NRS 474.160 General powers and duties.
NRS 474.163 District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.
NRS 474.167 Cooperation with State Forester Firewarden and other agencies to prevent and suppress fires in wild lands; authorized expenditures.
NRS 474.170 Medium-term obligations.
NRS 474.180 Provision of emergency medical services; purchase, acquisition, lease, operation and maintenance of ambulances; purchase of insurance; employment of trained personnel.
Finance and Taxation
NRS 474.190 Preparation of annual budget; limitation on tax levy.
NRS 474.200 Levy, collection and use of taxes; deposit of money in operating and emergency funds.
NRS 474.210 Payment of claims against district.
Bonds
NRS 474.220 Issuance and sale of bonds for certain purposes; applicability of section prescribing limit on indebtedness.
NRS 474.300 Levy and collection of tax; use of tax for principal and interest.
NRS 474.310 Faith of State of Nevada pledged.
Title to Property
NRS 474.320 Title to property vested in district.
Rangeland Fire Protection Associations
NRS 474.323 Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.
Annexation
NRS 474.325 Procedure.
NRS 474.335 Petition: Contents; signatories; publication of notice.
NRS 474.345 Notice: Contents.
NRS 474.355 Petitioners to advance estimated costs of proceedings.
NRS 474.365 Hearing.
NRS 474.375 Payments by petitioners as condition precedent to annexation.
NRS 474.385 Election.
NRS 474.395 Findings by board following election; inclusion of territory.
Dissolution
NRS 474.410 Authority to dissolve.
NRS 474.420 Petition of property owners for dissolution; election.
NRS 474.430 Procedure on favorable vote for dissolution; when dissolution complete.
NRS 474.440 Levy of taxes for payment of outstanding or bonded indebtedness after dissolution.
NRS 474.450 Disposition of property on dissolution.
DISTRICTS CREATED BY BOARD OF COUNTY COMMISSIONERS
NRS 474.460 Organization of district in unincorporated areas; powers, governing body and officers of district.
NRS 474.470 Duties of board of fire commissioners.
NRS 474.480 Coordination of protective activities; duties of State Forester Firewarden.
NRS 474.490 Cooperation with State Forester Firewarden and other agencies to prevent and suppress fires in wild lands; authorized expenditures.
NRS 474.495 Provision of emergency medical services; purchase, acquisition, lease, operation and maintenance of ambulances; purchase of insurance; employment of trained personnel.
NRS 474.500 District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.
NRS 474.510 Preparation of annual budget; levy, collection and use of taxes; limitation on levy; deposit of money in operating and emergency funds.
NRS 474.511 Acquisition of properties by district.
NRS 474.5115 Title to property vested in district.
NRS 474.512 Issuance of bonds and other securities for acquisition of property.
NRS 474.514 Limit on indebtedness.
NRS 474.515 Levy and collection of tax to pay principal and interest on general obligations; applicability of Local Government Securities Law.
NRS 474.517 Payment of claims against district.
NRS 474.518 Rangeland fire protection associations: Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.
NRS 474.520 Dissolution of districts created by election; territory subject to control by county commissioners; retention and use of property.
NRS 474.532 Consolidation of districts: Declaration of public policy of State.
NRS 474.533 Consolidation of districts: Requirements; initiation; approval; recording; debts and assets; taxation of property.
NRS 474.535 Reorganization into district created by election.
NRS 474.537 Reorganization of district as general improvement district to furnish fire protection facilities.
NRS 474.540 Activities of district to be separate from activities of other political subdivisions.
MISCELLANEOUS PROVISIONS
NRS 474.550 Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.
NRS 474.565 Adjustment of boundaries of contiguous fire protection districts within county.
NRS 474.570 Dissolution of district which is entirely within boundaries of district for county fire department.
NRS 474.580 Elimination of fire hazards.
NRS 474.590 Chapter does not authorize operation of ambulance in any area for which exclusive franchise for ambulance service has been granted by or on behalf of county, city or town.
_________
GENERAL PROVISIONS
NRS 474.003 “Rangeland fire protection association” defined. As used in this chapter, unless the context otherwise requires, the term “rangeland fire protection association” has the meaning ascribed to it in NRS 472.005.
(Added to NRS by 2015, 1998)
DISTRICTS CREATED BY ELECTION
General Provisions
NRS 474.005 Registration of electors; list of registered voters; reimbursement for costs of conducting election.
1. Any person residing within a county fire protection district who is otherwise qualified to vote at general elections in this State may register to vote in the biennial elections and other elections of the district by appearing before the county clerk or registrar of voters of the county in which the district is located and completing an application to register to vote in accordance with the general election laws of this State. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election, and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, new registration for district elections is not required.
2. The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. The county clerk or registrar of voters is entitled to receive on behalf of the county reimbursement for the actual costs of conducting the district’s election. All money so received must be deposited to the credit of the general fund of the county.
(Added to NRS by 1983, 848; A 1995, 2282)
NRS 474.007 Activities of district are separate from activities of county and other political subdivisions. The activities of a county fire protection district are separate from county activities and any other political subdivision in this State.
(Added to NRS by 2007, 1301)
Formation
NRS 474.010 Territory which may be organized into district. Contiguous unincorporated territory lying within one or more counties or incorporated territory lying within a consolidated municipality and not included in any other fire protection district may be formed into a county fire protection district in the manner and under the proceedings set forth in NRS 474.010 to 474.450, inclusive.
[1:121:1937; A 1947, 455; 1943 NCL § 1929.01]—(NRS A 2007, 1302)
NRS 474.020 Petition of property owners for formation of district; resolution of county commissioners.
1. When 25 percent or more of the holders of title or evidence of title to lands lying in one body, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land or the greater portion thereof is located, setting forth the exterior boundaries of the proposed district and asking that the district so described be formed into a county fire protection district under the provisions of NRS 474.010 to 474.450, inclusive, the board of county commissioners shall pass a resolution declaring the board’s intention to form or organize such territory into a county fire protection district, naming the district and describing its exterior boundaries.
2. The resolution must:
(a) Fix a time and place for the hearing of the matter not less than 30 days after its adoption.
(b) Direct the clerk of the board of county commissioners to publish the notice of intention of the board of county commissioners to form the county fire protection district, and of the time and place fixed for the hearing, and must designate that publication must be in a newspaper of general circulation published in the county and circulated in the proposed county fire protection district, or if there is no newspaper so published and circulated, then in a newspaper of general circulation circulated in the proposed district.
[Part 2:121:1937; 1931 NCL § 1929.02]—(NRS A 2007, 1302)
NRS 474.030 Notice of proposed formation of district: Heading; contents; publication. The notice must:
1. Be headed “Notice of the proposed formation of fire protection district in ............................ County,” stating the name of the proposed district and the name of the county or, if there is more than one county, the name of the counties in which the proposed district is located.
2. State the fact that the board of county commissioners has fixed the time and place for a hearing on the matter of the formation of a county fire protection district, and must set forth the time and place of that hearing.
3. Describe the territory or specify the exterior boundaries of the territory proposed to be organized into the fire protection district, which boundaries, so far as practicable, must be the centerlines of highways.
4. Be published once a week for 2 successive weeks before the time fixed for the hearing in the newspaper designated by the board of county commissioners.
[Part 2:121:1937; 1931 NCL § 1929.02]—(NRS A 2007, 1302)
NRS 474.040 Written objections to formation of district; exclusion of territory.
1. At the time fixed for the hearing of the matter, or at any time prior thereto, any person interested may file with the clerk of the board written objections to the formation of the district.
2. At the time fixed for the hearing, or to which the hearing may be adjourned, the board of county commissioners shall hear the objections filed, if any, and pass upon the same.
3. The board may, in its discretion, sustain any or all of the objections filed and may change or alter the boundaries of such proposed district to conform to the needs of the district and to exclude therefrom any land that will not be benefited by the formation of such a district. Except as provided in NRS 474.010 to 474.450, inclusive, the board shall not include therein any territory not included in the boundaries mentioned in the petition.
[Part 3:121:1937; 1931 NCL § 1929.03]
NRS 474.050 Inclusion of territory within proposed district. Any owner of lands adjacent to the borders of the proposed district may, by written application therefor filed with the board of county commissioners at or before the time of the hearing of the petition, in the discretion of the board, have such lands included within such proposed district.
[Part 3:121:1937; 1931 NCL § 1929.03]
NRS 474.060 Proceedings at hearing. Upon the hearing of the petition, the board of county commissioners shall determine whether or not the petition complies with the requirements and purposes of NRS 474.010 to 474.450, inclusive, and must hear all competent and relevant testimony offered in support or in objection thereto. The board shall, by resolution, determine whether or not such a proposed district shall be formed and such determination shall be entered upon the minutes of the board of county commissioners.
[Part 3:121:1937; 1931 NCL § 1929.03]
NRS 474.070 Creation of election precincts; election of directors.
1. Except as otherwise provided in subsection 2, when, pursuant to the provisions of NRS 474.040, 474.050 and 474.060, the boundaries of the proposed district are defined and established by the board, the board of county commissioners shall make an order dividing the proposed district into three or five divisions as nearly equal in size as practicable. The divisions must be numbered consecutively and constitute election precincts for the district.
2. When or after the boundaries of a district are established, the board of county commissioners may provide for the election of three or five directors at large, without precincts.
3. If precincts are created, each director must be a resident of the election precinct for which the director is elected and must be elected at large by the district.
[4:121:1937; A 1947, 455; 1943 NCL § 1929.04]—(NRS A 1977, 7; 1993, 521; 1995, 989)
NRS 474.080 Notice of election: Contents; publication.
1. The board of county commissioners shall submit the question of whether the proposed district shall be organized pursuant to the provisions of NRS 474.010 to 474.450, inclusive, to the electors of the proposed district at the next primary or general election.
2. The notice must:
(a) Designate a name for the proposed district.
(b) Describe the boundaries of the precincts established therein, if more than one, together with a designation of the polling places and board of election for each precinct.
(c) Be published once a week for at least 3 weeks before the election in a newspaper published or circulated within the boundaries of the proposed district and published within the county or counties in which the proposed district is located.
(d) Require the electors to cast ballots, which must contain the words: “........................ County Fire Protection District—Yes,” or “........................ County Fire Protection District—No,” or words equivalent thereto, and also the names of one or more persons, according to the division of the proposed district as prayed for in the petition and ordered by the board, to be voted for to fill the office of director.
[Part 5:121:1937; 1931 NCL § 1929.05]—(NRS A 1993, 1080; 2007, 1302)
NRS 474.100 Persons entitled to vote; voting by proxy.
1. Every qualified elector within the district may vote either in person or by proxy at any election held by the district.
2. No person may vote by proxy unless the proxy to cast his or her vote is evidenced by an instrument in writing duly acknowledged before a notary public and filed with the board of election.
[Part 5:121:1937; 1931 NCL § 1929.05]—(NRS A 1977, 7)
NRS 474.110 Canvass of votes; order on favorable vote declaring district organized and directors elected.
1. The election having been held, the board of county commissioners shall, on the first Monday succeeding the election, if then in session, or at its next succeeding general or special session, proceed to canvass the votes cast at the election.
2. If upon such canvass it appears that a majority of all votes cast in the district, and in each portion of the counties included in the district if lands in more than one county are included therein, are in favor of the formation of the district, the board shall, by an order entered in its minutes, declare:
(a) Such territory organized as a county fire protection district under the name theretofore designated; and
(b) The persons receiving, respectively, the highest number of votes for the directors to be elected to those offices.
[Part 6:121:1937; 1931 NCL § 1929.06]—(NRS A 2007, 1303)
NRS 474.120 Filing and distribution of copies of order; prohibition on formation of another district without consent of owners; when organization of district complete.
1. The board of county commissioners shall then cause a copy of such order, certified by the clerk of the board, to be immediately filed for record in the office of the county recorder of each county in which any portion of the lands included in the county fire protection district are located, and must also immediately forward a copy thereof to the clerk of the board of county commissioners of each such county.
2. The board of county commissioners shall not, after the date of the organization of the district, allow another fire protection district to be formed within the district without the consent of the owners thereof.
3. From and after such filing, the organization of the district is complete.
[Part 6:121:1937; 1931 NCL § 1929.06]—(NRS A 2007, 1303)
NRS 474.125 Powers of district.
1. A county fire protection district organized pursuant to NRS 474.010 to 474.450, inclusive, upon its formation:
(a) Is a political subdivision of this State; and
(b) Has perpetual existence unless dissolved as provided in this chapter.
2. Each such district may:
(a) Sue and be sued, and be a party to suits, actions and proceedings;
(b) Arbitrate claims; and
(c) Contract and be contracted with.
(Added to NRS by 2007, 1300)
Board of Directors
NRS 474.130 Terms of office; designation by lot; nonpartisan office.
1. The directors elected at the election organizing the district shall immediately enter upon their duties. At the first meeting, the first board of directors shall so classify themselves by lot that a minority of their number go out of office on the first Monday in January following the next succeeding biennial election, and the remainder of their number on the first Monday in January following the second succeeding biennial election.
2. Thereafter, directors shall hold their offices for terms of 4 years from and after the first Monday in January following their election and until their successors are elected and qualified.
3. The office of director is a nonpartisan office.
[Part 7:121:1937; A 1951, 144]—(NRS A 1963, 515; 1983, 848; 1993, 522)
NRS 474.140 Election procedure following first election.
1. Except as otherwise provided in subsection 2:
(a) At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election, to be known as the biennial election of the district, must be held.
(b) The general election laws of this State govern the nomination and election of the members of the board of directors. The election must be conducted under the supervision of the county clerk or registrar of voters. The returns of the election must be certified to and canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, are elected. Any new member of the board must qualify in the same manner as members of the first board qualify.
2. If at 5 p.m. on the last day for filing a declaration of candidacy, as defined in NRS 293.0455, for the office of director, there is only one candidate nominated for the office, that candidate must be declared elected and no election may be held for that office.
[Part 7:121:1937; A 1951, 144]—(NRS A 1963, 516; 1983, 849; 1993, 301; 2019, 3421)
1. If a vacancy occurs on the board of directors of a county fire protection district, the remaining directors shall fill the vacancy by appointing a qualified elector to serve during the rest of the term and until his or her successor is elected and qualified.
2. If the remaining directors fail or refuse to appoint a new director within 30 days after the vacancy occurs, the board of county commissioners shall appoint a person to fill the vacancy.
(Added to NRS by 1983, 848)
NRS 474.150 President and secretary of board. The directors shall organize as a board, elect a president from their number and appoint a secretary, who shall each hold office during the pleasure of the board.
[Part 7:121:1937; A 1951, 144]
NRS 474.155 Compensation of directors.
1. Each member of the board of directors of a county fire protection district established pursuant to NRS 474.010 to 474.450, inclusive, is entitled to receive as compensation for his or her services a sum to be determined by the board, but not in excess of $3,600 per year. The compensation must be paid on a monthly basis.
2. A member of the board of directors shall not receive any compensation as an employee of the district other than that provided in subsection 1.
(Added to NRS by 1975, 899; A 1993, 522)
NRS 474.160 General powers and duties. The board of directors shall:
1. Manage and conduct the business and affairs of the county fire protection district.
2. Adopt and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto, which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:
(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and
(b) Hazardous conditions relating to the use or occupancy of any premises.
Ę Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.
3. Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the district.
4. Make and execute in the name of the district all necessary contracts.
5. Adopt a seal for the district to be used in the attestation of proper documents.
6. Provide for the payment from the proper fund of the salaries of employees of the district and all the debts and just claims against the district.
7. Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.
8. Acquire real or personal property necessary for the purposes of the district and dispose of that property when no longer needed.
9. Construct any necessary structures.
10. Acquire, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.
11. Eliminate and remove fire hazards within the district if practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
12. Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive.
[8:121:1937; 1931 NCL § 1929.08]—(NRS A 1989, 1087; 1991, 381; 1993, 522; 2007, 1304)
NRS 474.163 District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.
1. The board of directors of a county fire protection district may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the district and perform such other duties as may be designated by the board of directors. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other fire protection agencies and rangeland fire protection associations.
2. In lieu of or in addition to the provisions of subsection 1, the board of directors may:
(a) Provide fire protection to the county fire protection district by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 277.180 and 472.060 to 472.090, inclusive, for the furnishing of such protection to the district; or
(b) Support volunteer fire departments within the county fire protection district for the furnishing of such protection to the district.
(Added to NRS by 2007, 1301; A 2015, 2000)
NRS 474.167 Cooperation with State Forester Firewarden and other agencies to prevent and suppress fires in wild lands; authorized expenditures. The board of directors of a county fire protection district shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.200 for that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for that purpose.
(Added to NRS by 2007, 1301; A 2021, 488)
NRS 474.170 Medium-term obligations. The board of directors has the powers and duties with respect to medium-term obligations provided in chapter 350 of NRS.
[8.1:121:1937; added 1955, 32]—(NRS A 1965, 749; 1973, 18; 1995, 1827)
NRS 474.180 Provision of emergency medical services; purchase, acquisition, lease, operation and maintenance of ambulances; purchase of insurance; employment of trained personnel. The board of directors may:
1. Provide emergency medical services within the county fire protection district; and
2. Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances whenever necessary, and may take out liability and other insurance therefor. The board of directors may employ trained personnel to operate those vehicles.
[8.5:121:1937; added 1955, 431]—(NRS A 2007, 1304)
Finance and Taxation
NRS 474.190 Preparation of annual budget; limitation on tax levy.
1. Subject to the provisions of subsection 3, the board of directors of each county fire protection district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
2. The budget of a district must be based on estimates of the amount of money that will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
3. The amount of money to be raised for the purpose of establishing, equipping and maintaining the district with fire-fighting facilities must not in any 1 year exceed 1 percent of the assessed value of the property described in NRS 474.200 and any net proceeds of minerals derived from within the boundaries of the district.
[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 1965, 310, 749; 1969, 892; 2007, 1304; 2011, 2731; 2013, 3140)
NRS 474.200 Levy, collection and use of taxes; deposit of money in operating and emergency funds.
1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax established pursuant to NRS 474.190 upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations as established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. When levied, the tax must be entered upon the assessment rolls and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483, and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.
3. When the tax is collected, it must be placed in the treasury of the county in which the greater portion of the county fire protection district is located, to the credit of the district. The treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of the district must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 must be credited to the district fire protection operating fund.
4. For the purposes of subsection 3, an emergency includes, without limitation, any event that:
(a) Causes widespread or severe damage to property or injury to or the death of persons within the district;
(b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and
(c) Requires the district to provide money to obtain a matching grant from a state agency or an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.
[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 1963, 480; 1965, 310; 1967, 1111; 1969, 613; 1971, 265; 1979, 552; 1983, 1197; 1989, 49; 2007, 1305)
NRS 474.210 Payment of claims against district. All accounts, bills and demands against the district must be audited, allowed and paid by the board of directors by warrants drawn on the county treasurer or the treasurer of the district. The county treasurer or, if authorized by the board of county commissioners and the board of directors, the treasurer of the district shall pay them in the order in which they are presented.
[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 2001, 361)
Bonds
NRS 474.220 Issuance and sale of bonds for certain purposes; applicability of section prescribing limit on indebtedness.
1. The board of directors of any county fire protection district formed under the provisions of NRS 474.010 to 474.450, inclusive, may prepare, issue and sell bonds to provide money for the purchase of fire-fighting equipment, the acquisition of property, the construction of buildings and improvement of district-owned property for use in that county fire protection district.
2. The provisions of NRS 474.514 apply to a county fire protection district specified in subsection 1.
[1:182:1945; A 1949, 649; 1953, 58]—(NRS A 2001, 362)
NRS 474.300 Levy and collection of tax; use of tax for principal and interest.
1. In any county fire protection district availing itself of the privileges of this section and NRS 474.220 and 474.310, the board of directors of the district annually shall determine the tax necessary for the payment of interest and principal of such bonds.
2. The amount of the tax must be certified to the boards of county commissioners of the counties in which any portion of the district is located, and the board of county commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon, in the district.
3. When levied, the tax must be entered on the assessment rolls and collected in the same manner as state and county taxes.
4. When the tax is collected, it must be placed in the treasury of the county in which the greater portion of the district is located in a special fund for the payment of principal and interest of the bonds. Payments therefrom must be made according to the terms of the bonds.
[5:182:1945; 1943 NCL § 1929.134]—(NRS A 2007, 1306)
NRS 474.310 Faith of State of Nevada pledged. The faith of the State of Nevada is pledged that this section and NRS 474.220 and 474.300 shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued thereunder and by virtue thereof shall have been paid in full as specified in this section and NRS 474.220 and 474.300.
[6:182:1945; 1943 NCL § 1929.135]
Title to Property
NRS 474.320 Title to property vested in district. The title to all property which may have been acquired for a county fire protection district created under the provisions of NRS 474.010 to 474.450, inclusive, shall be vested in the district.
[Part 9:121:1937; 1931 NCL § 1929.09]
Rangeland Fire Protection Associations
NRS 474.323 Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.
1. Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a county fire protection district organized pursuant to NRS 474.010 to 474.450, inclusive, may establish a rangeland fire protection association by petitioning the board of directors of the county fire protection district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
2. The board of directors of a county fire protection district 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 complies with the recommendations developed 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. The board of directors of a county fire protection district, 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;
(c) The condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and
(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the county fire protection district.
4. The board of directors of a county fire protection district 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 directors of the county fire protection district the results of any such delegated evaluation.
5. The board of directors of a county fire protection district, 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, 1998)
Annexation
NRS 474.325 Procedure. The boundaries of any county fire protection district formed under NRS 474.010 to 474.450, inclusive, may be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof in the manner provided in NRS 474.335 to 474.395, inclusive.
(Added to NRS by 1967, 1612)
NRS 474.335 Petition: Contents; signatories; publication of notice. The board of directors of any such district, upon receiving a written petition for annexation containing a description of the territory proposed to be annexed (which territory shall be contiguous to the district), and signed by not less than 20 percent of the holders of title or evidence of title to lands within the territory proposed to be annexed, and whose names appear as such on the last preceding county assessment roll, shall cause a notice of filing of such petition to be published in the same manner and for the same time as is required for notices of the proposed formation of a county fire protection district under NRS 474.010 to 474.450, inclusive.
(Added to NRS by 1967, 1612)
1. The notice shall:
(a) State the filing of the petition and the names of the petitioners.
(b) Describe the lands mentioned in the petition and in the prayer of the petition.
(c) Notify all persons interested in or who may be affected by such change of the boundaries of the district to appear at the offices of the board, at a time named in the notice, and show cause in writing, if any they have, why the proposed change in boundaries should not be made.
2. The time specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of time for the publication of the notice.
(Added to NRS by 1967, 1612)
NRS 474.355 Petitioners to advance estimated costs of proceedings. The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings.
(Added to NRS by 1967, 1612)
1. At the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned, the board of directors shall proceed to hear the petition and all objections thereto presented in writing by any interested persons, who shall be holders of title or evidence of title to lands within the district or within the territory proposed to be annexed.
2. At the hearing, the board of directors shall hear and determine all objections and shall exclude all lands within the territory proposed to be annexed which will not be benefited by inclusion in the district.
(Added to NRS by 1967, 1612)
NRS 474.375 Payments by petitioners as condition precedent to annexation. The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to the district such respective sums as nearly as the same can be estimated (the several amounts to be determined by the board), as such petitioners or their grantors would have been required to pay the district as taxes had such lands been included in the district at the time the same was originally formed.
(Added to NRS by 1967, 1613)
1. If the board of directors deems it in the best interest of the district that the boundaries of the district be changed as proposed or as altered by the exclusion of lands not benefited, the board shall submit the question of the change in boundaries at the next primary or general election to be held in the district, and at the primary or general election to be held at the same time within the territory to be annexed.
2. Notice of the elections must be given in the same manner as that prescribed for annual elections of directors. The notice of election must describe the proposed change of the boundaries in such manner and terms that it can readily be traced.
3. The ballots cast at the election must contain the words “For change of boundary,” or “Against change of boundary,” or words equivalent thereto.
4. The qualifications for voters must be the same as for other elections in the district, and votes by proxy must be allowed as in such other elections.
(Added to NRS by 1967, 1613; A 1993, 1080)
NRS 474.395 Findings by board following election; inclusion of territory.
1. The returns of the votes cast in the outside territory proposed to be annexed and in the district shall be canvassed separately, and the board of directors shall cause a record of the canvass to be made and entered in its minutes.
2. If it appears from such canvass that a majority of the votes cast in the district and in the territory proposed to be annexed are in favor of the change in boundary, the board shall so find. Upon the filing of a certified copy of such findings, under seal of the district, in the office of the county recorder, the territory shall be a part of the district.
(Added to NRS by 1967, 1613)
Dissolution
NRS 474.410 Authority to dissolve. Any county fire protection district may be dissolved by the board of county commissioners which formed it as provided in NRS 474.420, 474.430 and 474.440.
[Part 11:121:1937; 1931 NCL § 1929.11]
NRS 474.420 Petition of property owners for dissolution; election. Upon receiving a petition signed by 25 percent of the owners of land within the district, requesting the dissolution thereof, the board of county commissioners shall, by resolution, submit the question of whether the district shall be dissolved at the next primary or general election.
[Part 11:121:1937; 1931 NCL § 1929.11]—(NRS A 1993, 1080)
NRS 474.430 Procedure on favorable vote for dissolution; when dissolution complete.
1. If it appears that a majority of the owners of land voting at the election have voted in favor of dissolution, the board of directors of the district shall:
(a) Cause such facts to be entered upon its minutes.
(b) Forward a copy of such entry to the board of county commissioners of the county in which the district is situated.
(c) Record a copy of such entry with the county recorder.
2. On and after filing and recording, the district shall be deemed dissolved.
[Part 11:121:1937; 1931 NCL § 1929.11]
NRS 474.440 Levy of taxes for payment of outstanding or bonded indebtedness after dissolution. If at the time of the dissolution of the district there shall be any outstanding or bonded indebtedness of the district, then taxes for the payment of such bonds or other indebtedness shall be levied and collected the same as if the district had not been dissolved and disincorporated, but for all other purposes the district shall be deemed dissolved from the time of the filing of the copy of the entry with the clerk of the board of county commissioners and the recording of the copy of such entry with the county recorder.
[Part 11:121:1937; 1931 NCL § 1929.11]
NRS 474.450 Disposition of property on dissolution. Whenever any county fire protection district shall be dissolved, all property thereof shall be subject to the provisions of NRS 474.520.
[Part 9:121:1937; 1931 NCL § 1929.09]—(NRS A 1965, 25)
DISTRICTS CREATED BY BOARD OF COUNTY COMMISSIONERS
NRS 474.460 Organization of district in unincorporated areas; powers, governing body and officers of district.
1. All territory in each county or consolidated municipality not included in any other fire protection district, except incorporated areas other than consolidated municipalities, may be organized by ordinance by the board of county commissioners of the county in which that territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as that territory may be included in another fire protection district formed in accordance with the provisions of NRS 474.010 to 474.450, inclusive, or 474.532 and 474.533.
2. Each such district:
(a) Is a political subdivision of the State; and
(b) Has perpetual existence unless dissolved as provided in this chapter.
3. Each such district may:
(a) Sue and be sued, and be a party to suits, actions and proceedings;
(b) Arbitrate claims; and
(c) Contract and be contracted with.
4. The board of county commissioners organizing each such district is ex officio the governing body of each such district. The governing body must be known as the board of fire commissioners.
5. The chair of the board of county commissioners is ex officio the chair of each such district.
6. The county clerk is ex officio the clerk of each such district.
7. Unless the board of fire commissioners employs a treasurer, the county treasurer is ex officio the treasurer of each such district.
(Added to NRS by 1963, 324; A 1967, 964; 1975, 1635; 2007, 1306; 2015, 180, 2228)
NRS 474.470 Duties of board of fire commissioners. The board of fire commissioners shall:
1. Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460 or 474.533.
2. Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:
(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and
(b) Hazardous conditions relating to the use or occupancy of any premises.
Ę Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.
3. Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.
4. Provide for the payment of salaries to the personnel of those fire companies or fire departments.
5. Provide for payment from the proper fund of all the debts and just claims against the districts.
6. Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.
7. Acquire real or personal property necessary for the purposes of the districts and dispose of the property if no longer needed.
8. Construct any necessary structures.
9. Acquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.
10. Eliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
11. Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive.
(Added to NRS by 1963, 324; A 1975, 1635; 1991, 382; 2007, 1307; 2015, 180, 2001)
NRS 474.480 Coordination of protective activities; duties of State Forester Firewarden.
1. The board of fire commissioners shall plan for the prevention and extinguishment of fires in the territory of the county described by NRS 474.460 and 474.533, in cooperation with the State Forester Firewarden to coordinate the fire protection activities of the districts with the fire protection provided by the Division of Forestry of the State Department of Conservation and Natural Resources and by federal agencies, in order that the State Forester Firewarden may establish a statewide plan for the prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.
2. Through inspection, the State Forester Firewarden may recommend standardization of fire protection equipment and facilities of the districts to facilitate mutual aid among the districts.
(Added to NRS by 1963, 324; A 1975, 1636; 1977, 1147; 2007, 1307; 2015, 181)
NRS 474.490 Cooperation with State Forester Firewarden and other agencies to prevent and suppress fires in wild lands; authorized expenditures. The board of fire commissioners shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.510 for that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for that purpose.
(Added to NRS by 1963, 325; A 1975, 1636; 2007, 1308; 2021, 488)
NRS 474.495 Provision of emergency medical services; purchase, acquisition, lease, operation and maintenance of ambulances; purchase of insurance; employment of trained personnel. The board of fire commissioners of a district organized pursuant to NRS 474.460 or 474.533 may:
1. Provide emergency medical services within the district; and
2. Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances if necessary, and may take out liability and other insurance therefor. The board of fire commissioners may employ trained personnel to operate those vehicles.
(Added to NRS by 2007, 1301; A 2015, 181)
NRS 474.500 District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.
1. The board of fire commissioners may appoint a district fire chief who is adequately trained and experienced in fire control. A district fire chief appointed pursuant to this subsection shall hire such employees as are authorized by the board, administer all fire control laws in the territory of the county described by NRS 474.460 and 474.533 and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and rangeland fire protection associations and with the State Forester Firewarden for the standardization of equipment and facilities.
2. In lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:
(a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, to the districts by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of such protection to the districts; or
(b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, for the furnishing of such protection to the districts.
(Added to NRS by 1963, 325; A 1965, 1335; 1975, 1636; 2007, 1308; 2015, 181, 2001)
NRS 474.510 Preparation of annual budget; levy, collection and use of taxes; limitation on levy; deposit of money in operating and emergency funds.
1. The board of fire commissioners shall prepare an annual budget in accordance with the provisions of NRS 354.470 to 354.626, inclusive, for each district organized in accordance with NRS 474.460 or 474.533.
2. Each budget must be based on estimates of the amount of money which will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
3. At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 2, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
4. The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 3 and any net proceeds of minerals derived from within the boundaries of the district.
5. If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483, and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.
6. For the purposes of NRS 474.460 to 474.540, inclusive, the treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of any district organized pursuant to NRS 474.460 or 474.533 must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000 for a district organized pursuant to NRS 474.460 or $1,500,000 for a district organized pursuant to NRS 474.533. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 or $1,500,000, as applicable, must be credited to the district fire protection operating fund.
7. For the purposes of subsection 6, an emergency includes, without limitation, any event that:
(a) Causes widespread or severe damage to property or injury to or the death of persons within the district;
(b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and
(c) Requires the district to provide money to obtain a matching grant from an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.
(Added to NRS by 1963, 325; A 1967, 965; 1975, 1637; 1989, 49; 1999, 203; 2001, 362; 2005, 526; 2007, 1308; 2011, 2731; 2013, 3140; 2015, 182)
NRS 474.511 Acquisition of properties by district. Any district organized pursuant to NRS 474.460 or 474.533, acting by and through the board of fire commissioners, by resolution may at any time or from time to time acquire:
1. A system of waterworks, hydrants and supplies of water.
2. Telegraphic signals for fire and telephone, telegraph, radio and television service.
3. Fire engines and other vehicles.
4. Hooks, ladders, chutes, buckets, gauges, meters, hoses, pumps, fire extinguishers, fans and artificial lights.
5. Respirators, rescue equipment, medical supplies and equipment, other apparatus for fire fighting and protection from fire, and other appurtenances.
6. Fixtures, structures, stations, other buildings and sites therefor.
7. Land, interests in land, and improvements thereon for firebreaks and other protection from fire.
8. Appurtenances and incidentals necessary, useful or desirable for any such facilities, including all types of property therefor.
9. Any combination of the properties provided in this section.
(Added to NRS by 1967, 966; A 1975, 1637; 1985, 1703; 2015, 183)
NRS 474.5115 Title to property vested in district. The title to all property which may have been acquired for a district organized pursuant to NRS 474.460 or 474.533 must be vested in the district.
(Added to NRS by 2007, 1301; A 2015, 183)
NRS 474.512 Issuance of bonds and other securities for acquisition of property. For the purpose of defraying the cost of the acquisition of any properties authorized by NRS 474.511, the board of fire commissioners, on the behalf and in the name of any district organized pursuant to NRS 474.460 or 474.533, may, by resolution, at any time or from time to time, borrow money, otherwise become obligated, and evidence or reevidence such obligations by the issuance of bonds and other municipal securities payable from general (ad valorem) taxes and constituting general obligations of the district, as provided in the Local Government Securities Law, subject to the limitations therein and in NRS 474.514.
(Added to NRS by 1967, 966; A 1975, 1638; 1981, 964; 2015, 183)
NRS 474.514 Limit on indebtedness. No indebtedness, as defined in NRS 350.586, including outstanding indebtedness, shall be incurred by any district organized pursuant to NRS 474.460 or 474.533 in an aggregate principal amount exceeding 5 percent of the total last assessed valuation of taxable property (excluding motor vehicles and cattle) situated within the district.
(Added to NRS by 1967, 967; A 1969, 613; 2015, 183)
NRS 474.515 Levy and collection of tax to pay principal and interest on general obligations; applicability of Local Government Securities Law.
1. An annual general (ad valorem) tax must be levied upon all property, both real and personal, subject to taxation within the district and collected by the district sufficient to pay the interest on and the principal of the general obligation securities of the district as the same become due.
2. The proceeds of the taxes are specially appropriated to the payment of principal and interest.
3. Such appropriation must not be repealed nor the taxes postponed or diminished until the principal and interest have been wholly paid.
4. The payment of securities, the levy of taxes, and the appropriation of the proceeds thereof must be in the manner delineated in NRS 350.592 to 350.602, inclusive, and other provisions of the Local Government Securities Law supplemental thereto.
(Added to NRS by 1967, 967; A 1969, 613; 1983, 1198)
NRS 474.517 Payment of claims against district. All accounts, bills and demands against a district organized pursuant to NRS 474.460 or 474.533 must be audited, allowed and paid by the board of fire commissioners by warrants drawn on the county treasurer or the treasurer of the district. The county treasurer or, if authorized by the board of county commissioners and the board of fire commissioners, the treasurer of the district shall pay them in the order in which they are presented.
(Added to NRS by 2007, 1301; A 2015, 184)
NRS 474.518 Rangeland fire protection associations: Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.
1. Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a district organized pursuant to NRS 474.460 or 474.533 may establish a rangeland fire protection association by petitioning the board of fire commissioners of the district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
2. The board of fire commissioners of the district 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 complies with the recommendations developed 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. The board of fire commissioners of a district organized pursuant to NRS 474.460 or 474.533, 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;
(c) The condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and
(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the district.
4. The board of fire commissioners of a district organized pursuant to NRS 474.460 or 474.533 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 fire commissioners the results of any such delegated evaluation.
5. The board of fire commissioners of a district organized pursuant to NRS 474.460 or 474.533, 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, 1999)
NRS 474.520 Dissolution of districts created by election; territory subject to control by county commissioners; retention and use of property. Upon dissolution of any fire protection district organized under NRS 474.010 to 474.450, inclusive, as provided by NRS 474.410 to 474.450, inclusive, the territory formerly included in such district shall be subject to the provisions of NRS 474.460 to 474.540, inclusive. The property of such dissolved fire protection district shall be retained by the board of county commissioners for use for fire protection purposes in the territory of the dissolved district.
(Added to NRS by 1963, 326; A 1965, 25; 2015, 184)
NRS 474.532 Consolidation of districts: Declaration of public policy of State. It is the public policy of the State of Nevada and the purpose of NRS 474.533, in a county whose population is less than 700,000, to promote:
1. Efficiency in fire fighting and emergency medical services; and
2. Dedicated ad valorem funding of those services.
(Added to NRS by 2015, 179)
NRS 474.533 Consolidation of districts: Requirements; initiation; approval; recording; debts and assets; taxation of property.
1. The board of county commissioners of a county whose population is less than 700,000 may consolidate two or more fire protection districts organized pursuant to NRS 474.460 if:
(a) Each district is contiguous to at least one other district subject to the consolidation;
(b) The territory of each district is located entirely within the county; and
(c) The rates of the taxes levied by the board of county commissioners pursuant to NRS 474.510 and 474.515, respectively, are equal in each district at the time of consolidation.
2. The consolidation may be initiated by:
(a) The filing with the board of county commissioners of a petition signed by a majority of the owners of property located within the fire protection districts proposed for consolidation; or
(b) The adoption by the board of county commissioners of a resolution proposing the consolidation of the fire protection districts.
3. The board of county commissioners shall, after receiving a petition filed pursuant to paragraph (a) of subsection 2 or adopting a resolution pursuant to paragraph (b) of subsection 2, conduct a hearing to determine whether consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts. If the board of county commissioners determines that the consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts, the board of county commissioners shall adopt an ordinance creating a consolidated fire protection district that includes all of the area of the fire protection districts. The ordinance must include the name and identify the boundaries of the consolidated fire protection district.
4. The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be recorded in the office of the county recorder of the county in which the consolidated fire protection district is located.
5. All debts, obligations, liabilities, revenues, expenditures and assets of the former fire protection districts must be assumed or taken over by the consolidated fire protection district.
6. If two or more fire protection districts are consolidated pursuant to this section, each owner of real or personal property that is located within the consolidated fire protection district and that is subject to taxation pursuant to NRS 474.510 and 474.515 is entitled after the consolidation to any partial abatement of taxes provided by NRS 361.4722, 361.4723 and 361.4724 to which the owner was entitled immediately prior to the date of the consolidation for those taxes levied against the owner’s real or personal property pursuant to NRS 474.510 and 474.515.
(Added to NRS by 2015, 179)
NRS 474.535 Reorganization into district created by election.
1. A fire protection district established pursuant to NRS 474.460 to 474.540, inclusive, which has been in existence for at least 10 years, may be reorganized as a fire protection district subject to the provisions of NRS 474.010 to 474.450, inclusive, in the manner provided in this section.
2. The reorganization of such a district may be initiated by:
(a) A petition signed by at least a majority of the owners of property located within the district; or
(b) A resolution of the board of county commissioners of the county in which the district is located.
3. If, after notice and a hearing, the board of county commissioners determines that the reorganization of the district is in the best interests of the county and the district, it shall adopt an ordinance reorganizing the district. The ordinance must include the name and boundaries of the district.
4. The board shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.
5. The reorganization of the district is complete upon the filing of the ordinance pursuant to this section. The district thereafter is subject to the provisions of NRS 474.010 to 474.450, inclusive. Upon the completion of the reorganization of the district, the district shall assume the debts, obligations, liabilities and assets of the former district.
6. The board of county commissioners shall:
(a) Make an order dividing the district into election precincts, or providing for the election of directors at large, in the manner provided in NRS 474.070.
(b) Appoint the initial members of the board of directors of the district to terms established in the manner provided in NRS 474.130. Each director must be a resident of the precinct, if any, for which the director is appointed, and serves until a successor is elected and qualified.
(Added to NRS by 1993, 521; A 1995, 989; 2015, 184)
NRS 474.537 Reorganization of district as general improvement district to furnish fire protection facilities.
1. A fire protection district organized pursuant to NRS 474.460 or 474.533 may reorganize as a district created wholly or in part for the purpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.
2. The reorganization may be initiated by:
(a) A petition signed by a majority of the owners of property located within the district; or
(b) A resolution of the board of county commissioners of the county in which the district is located.
3. If the board of county commissioners determines, after notice and hearing, that the reorganization is feasible and in the best interests of the county and the district, the board of county commissioners shall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.
4. All debts, obligations, liabilities and assets of the former district must be assumed or taken over by the reorganized district.
(Added to NRS by 1977, 540; A 2007, 1309; 2015, 184)—(Substituted in revision for NRS 474.560)
NRS 474.540 Activities of district to be separate from activities of other political subdivisions. The activities of each district organized in accordance with NRS 474.460 or 474.533 shall be separate and apart from county activities and any other political subdivision in this State.
(Added to NRS by 1963, 326; A 1967, 966; 1975, 1638; 2015, 185)
MISCELLANEOUS PROVISIONS
NRS 474.550 Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.
1. Except as otherwise provided in this section and NRS 527.126, within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol. Such a charge constitutes a debt which is collectible by the federal, state, county, city or district agency, or general improvement district created pursuant to NRS 318.1181 to furnish fire protection, incurring the expenses in the same manner as 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, it must be considered, 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
(c) The topography of the area of the fire.
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 it is determined that the fire or other emergency was the result of an unavoidable accident, the person, firm, association or agency that caused the fire or emergency may not be charged 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 1975, 1638; A 1983, 808; 1993, 1204; 2015, 2229; 2021, 1370)
NRS 474.565 Adjustment of boundaries of contiguous fire protection districts within county.
1. The boundaries of two or more contiguous fire protection districts located within a county and organized pursuant to NRS 474.010 to 474.450, inclusive, 474.460 or 474.533 may be adjusted in the manner provided in this section so that all or any part of the area of one such fire protection district is excluded from that district and added to the area of another such fire protection district.
2. The adjustment of the boundaries of fire protection districts pursuant to this section must be approved by:
(a) A majority of the owners of property located within the portions of those districts directly affected by the proposed adjustment of boundaries; and
(b) Resolution of the board of county commissioners of the county in which the districts are located, which resolution must also be approved by the governing bodies of the fire protection districts whose boundaries are proposed to be adjusted.
Ę For the purposes of this subsection, an owner of property located within a fire protection district is “directly affected” by a proposed adjustment of boundaries if the adjustment will cause that property, or other property immediately adjacent to that property, to be excluded from the district in which it is currently located and added to a district other than that in which it is currently located.
3. If, after notice and a hearing, the board of county commissioners determines that the proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted, the board of county commissioners shall adopt an ordinance adjusting the boundaries of those districts. The ordinance must include the name and boundaries of each district that will result from the adjustment.
4. For the purposes of subsection 3, a board of county commissioners shall not determine that a proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted unless the board concludes, after conducting a reasonable investigation, that:
(a) The total assessed valuation of taxable property in the districts whose boundaries are proposed to be adjusted is substantially equivalent; and
(b) The total ad valorem tax levied within the districts whose boundaries are proposed to be adjusted is substantially equivalent.
5. The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be certified by the clerk of the board and filed immediately for record in the office of the county recorder.
6. If an adjustment of boundaries pursuant to this section causes:
(a) Part of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the districts may, but are not required to, enter into such an agreement as they determine equitable to address the apportionment of debts, obligations, liabilities and assets.
(b) All of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the debts, obligations, liabilities and assets of the district from which the area is excluded must be assumed by the district to which the area is added.
(Added to NRS by 2007, 2476; A 2015, 185)
NRS 474.570 Dissolution of district which is entirely within boundaries of district for county fire department. A board of county commissioners shall dissolve any fire protection district created pursuant to the provisions of this chapter whenever all the territory within the district is included within the boundaries of a district for a county fire department created pursuant to NRS 244.2961. No petition or election is required for the dissolution of a district pursuant to this section.
(Added to NRS by 1981, 758; A 1989, 76)
NRS 474.580 Elimination of fire hazards.
1. Any owner of lands within a fire protection district created pursuant to this chapter shall eliminate and remove a fire hazard on the owner’s property when directed to do so by the board.
2. If the owner does not comply within the time specified by the board, the board may eliminate and remove the fire hazard in the manner permitted by NRS 474.160 or 474.470, whichever applies, and may for this purpose contract with any person for the performance of the work.
3. The cost incurred by the district in eliminating and removing the fire hazard may be recovered directly from the owner of the property or the district 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.
4. As used in this section, “board” means the board of directors or the board of fire commissioners of the district, as the case may be.
(Added to NRS by 1991, 381)
NRS 474.590 Chapter does not authorize operation of ambulance in any area for which exclusive franchise for ambulance service has been granted by or on behalf of county, city or town. Nothing in this chapter authorizes any person, firm, corporation, association, government, governmental agency or political subdivision of a government to operate an ambulance in any area for which an exclusive franchise for ambulance service has been granted:
1. By a county, city or town pursuant to NRS 244.187, 268.081 or 269.128, as applicable; or
2. By another person or governmental entity authorized to do so on behalf of the county, city or town.
(Added to NRS by 2007, 1301)