[Rev. 8/6/2022 5:54:37 PM]
[NAC-477 Revised Date: 11-21]
CHAPTER 477 - STATE FIRE MARSHAL
GENERAL PROVISIONS
477.010 Definitions.
477.020 “Alarm service” defined.
477.025 “Alarm signal” defined.
477.030 “Alter” and “alteration” defined.
477.045 “Approved” defined.
477.050 “Assembly” defined.
477.052 “Authority having jurisdiction” defined.
477.053 “Board” defined.
477.055 “Building” defined.
477.060 “Building official” defined.
477.061 “Campus” defined.
477.062 “Category 2 resident” defined.
477.065 “Certificate” and “certificate of registration” defined.
477.070 “Chief” defined.
477.077 “Child care facility” defined.
477.080 “Combination paging alarm system” defined.
477.082 “Complex” defined.
477.085 “Custodial care facility” defined.
477.086 “Deficiency” defined.
477.087 “Division” and “State Fire Marshal Division” defined.
477.090 “Dry system” defined.
477.095 “Dwelling” defined.
477.100 “Dwelling unit” defined.
477.103 “Fire extinguisher” defined.
477.1035 “Fire hydrant” defined.
477.104 “Fire system” defined.
477.105 “Fixed hood system” defined.
477.125 “Hydrostatic testing” defined.
477.133 “Impair” or “impairment” defined.
477.135 “Inspection” defined.
477.137 “Installer of medical gas systems” defined.
477.138 “International Building Code” defined.
477.139 “International Fire Code” defined.
477.1395 “International Wildland-Urban Interface Code” defined.
477.140 “Jurisdiction” defined.
477.146 “License” defined.
477.150 “Maintenance” defined.
477.155 “N.F.P.A.” defined.
477.165 “Owner” defined.
477.167 “Person” defined.
477.170 “Pipe” defined.
477.172 “Portable building” defined.
477.175 “Portable fire extinguisher” defined.
477.180 “Pre-engineered system” defined.
477.185 “Protective signaling system” defined.
477.190 “Protective systems, equipment or apparatus” defined.
477.195 “Recharging” defined.
477.200 “Registrant” defined.
477.205 “Restrained care facility” defined.
477.210 “Service” and “servicing” defined.
477.215 “Smoking” defined.
477.218 “Special hazard suppression system” defined.
477.220 “Sprinkler system” defined.
477.222 “Standpipe system” defined.
477.225 “Supervisory service” defined.
477.230 “Supervisory signal” defined.
477.235 “System” defined.
477.240 “Trouble signal” defined.
477.245 “U.L.” defined.
477.260 “Uniform Mechanical Code” defined.
477.265 “Uniform Plumbing Code” defined.
477.270 “Wet system” defined.
477.275 Compliance with intent of chapter.
477.280 Adoption and effect of local requirements; enforcement of model codes.
477.281 Codes adopted by reference.
477.283 Changes to codes adopted by reference: International Fire Code; International Building Code; International Existing Building Code; International Wildland-Urban Interface Code; Uniform Mechanical Code.
477.2833 2012 Emergency Response Guidebook adopted by reference.
477.2835 Training of firefighters and personnel of volunteer fire departments, facility fire brigades and fire protection organizations on the management of wildland fires: Compliance with national standards.
477.285 Requests for clarification of or relief from regulations.
477.287 Variance from requirements of codes and standards; requirement for use of equivalent means and method.
477.288 Interlocal agreements to delegate all or portion of State Fire Marshal’s authority or duties in counties whose population is less than 100,000: Request by local government; review by State Fire Marshal; reports on activities; revocation; changes in program part of agreement.
477.290 Severability.
LICENSES AND CERTIFICATES OF REGISTRATION
General Provisions
477.300 Application; requirements; inspection; maintenance and availability of records; effect; access to systems for protection from fire.
477.305 Separate licenses; replacement if license or certificate lost or destroyed.
477.310 Expiration and renewal; change of information; fees; new application if registration expired; late charges; notice of employment or termination.
Examinations
477.311 Written examinations; consideration of other qualifications.
477.312 Basis of examinations.
477.3125 Examinations for installer of medical gas systems.
477.313 Scheduling; failure; testing for higher classification; cheating.
Certification
477.314 General requirements for courses, applications, instructors and fees.
477.3142 Approval of proposed courses: Application; evaluation; fee for evaluation; addition to list of approved courses.
477.3144 Qualifications of instructors; written evaluations; revocation of accreditation.
477.3146 Courses not offered through state training program: Application; fee for evaluation.
477.3148 Training given by training officer of fire department; qualifications of training officer; requirements of syllabus and curriculum.
Permit to Store Hazardous Material
477.323 Permit required; issuance, expiration and renewal; suspension and reinstatement; revocation; fees; late charge; criminal investigation; plan for termination.
Miscellaneous Provisions
477.325 Fees; exemptions; effect of certificate; refunds.
477.330 Maintenance and availability of records; change of location; agreements for services relating to hydrostatic testing.
INTERIOR DESIGN
477.333 Issuance of certificate and license.
477.3332 Approval of proposed courses: Application; evaluation; fees and costs; addition to list of approved courses.
477.3334 Qualifications of instructors; written evaluations; revocation of approval.
477.3336 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee.
477.3338 Determination of compliance with codes; fee.
FIRE SYSTEMS
General Provisions
477.335 Inspections.
Regulation of Persons Engaged in Business Related to Fire Systems
477.340 Scope; applicability.
477.345 Licenses: Requirements; classifications; application; fee; annual report of registrants employed by firm.
477.346 Installation, maintenance and service of certain fire systems and supervision thereof: Requirements.
477.3465 Sale, installation, repair, restoration and testing for maintenance of heat detectors: Requirements.
477.348 Installation, repair, restoration and testing for maintenance of fire systems: Requirements.
477.349 Notification of discontinuance of service.
477.350 Approval of equipment; compliance with standards; smoke alarms.
477.365 Fire alarm systems: Evidence of capability to provide service; agreement for maintenance; notification of discontinuance of service; plans and specifications; level of sound.
477.370 Tags for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency.
PORTABLE FIRE EXTINGUISHERS AND FIXED FIRE EXTINGUISHING SYSTEMS
General Provisions
477.380 Applicability.
Regulation of Persons Engaged in Business Related to Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
477.385 Licenses: Qualifications of licensee; classifications.
477.390 Declaration of qualification.
477.395 Licenses and certificates: Application; fee; examination.
477.400 New employees; termination of employment; change of address; annual report of registrants employed by firm.
477.405 Approval of equipment; prohibited equipment; label required.
477.407 Advertising and sales: Devices for suppressing fire.
477.409 Required equipment for each shop and vehicle used for service.
477.410 Installation, inspection, maintenance and repair; practice of swapping out prohibited; failure to comply.
477.415 Hydrostatic testing of fire extinguishers.
477.420 Replacement of extinguishers; failure to comply.
477.422 Response to call for service.
477.425 Service tags and labels; notice and tag of impairment; notice and tag of deficiency; correction of deficiency.
477.427 Allegation of failure to install internal maintenance tag.
477.430 Fixed fire extinguishing systems: Evidence of capability to provide service; written agreement for maintenance; plans and specifications.
477.435 Reports; new employees; termination of employment; change of address; change of location.
PORTABLE BUILDINGS
477.440 Compliance with statutes and regulations; approval required before construction, placement or relocation.
477.441 General requirements.
477.442 Safety requirements; approval of changes in use required; service of systems for heating, ventilating or air-conditioning.
477.444 Requirements for fire flow and fire hydrants.
477.445 Maintenance of exterior areas.
477.446 Access for vehicles.
AUTOMATIC SPRINKLER SYSTEMS
Generally
477.455 Approval of equipment; compliance with International Fire Code and certain standards.
477.460 Inspections and testing; notice and tag of impairment; notice and tag of deficiency; correction of deficiency; notice of discontinuance of service.
477.465 Evidence of capability to provide service; agreement for maintenance; plans and specifications; calculations; qualifications; letter of certification.
477.470 Tags for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency.
Residential Systems
477.480 Applicability.
477.483 Requirements for installation.
477.490 Plans required before installation or modification.
477.540 Inspection and testing.
INSTITUTIONAL BUILDINGS
477.550 Scope; applicability.
477.555 Identification; occupancy.
477.560 Device for detection of products of combustion.
CHILD CARE FACILITIES
477.562 General requirements.
477.563 Classification.
477.564 Single-family residential occupancy interpreted.
477.566 Devices for detection of products of combustion.
477.568 Automatic sprinkler system for certain child care facilities used after midnight.
FIREWORKS AND FLAME EFFECTS
General Provisions
477.571 Definitions.
477.576 “Commercial display” defined.
477.587 “Flame effects assistant” defined.
477.5875 “Flame effects before an audience” defined.
477.588 “Flame effects operator” defined.
477.589 “Magician” defined.
477.591 “Pyrotechnic composition” defined.
477.594 “Show specific” defined.
477.596 “Special effect” defined.
477.601 Exemptions.
Commercial Displays
477.606 License required.
477.611 Application for license; categories, classifications, fees and investigation.
477.616 Categories of licenses; expiration and renewal; requirements for producing display.
477.618 Insurance.
Licenses and Certificates of Registration
477.620 Magicians: Certificate required; qualifications; fee; authorized acts; expiration and renewal.
477.622 Assistant pyrotechnic operators: Certificate required; qualifications; fee; authorized acts; expiration and renewal.
477.624 Pyrotechnic operators: Certificate required; qualifications; fee; expiration and renewal.
477.626 Pyrotechnic operators: Certification required; supervision of assistant; expiration and renewal.
477.628 Pyrotechnic operators on show specific: Certificate required; qualifications; fee; expiration and renewal.
477.630 Fire performers and apprentice fire performers: Certificate required; qualifications; fee; expiration and renewal.
477.631 Flame effects assistant: Certificate required; qualifications; fee; expiration and renewal.
477.633 Flame effects operator: Certificate required; qualifications; fee; expiration and renewal.
477.635 Flame effects operator or flame effects assistant: Requirements for renewal of certification.
477.636 Certificates: Categories; authorized acts; expiration and renewal.
477.641 Requirements for renewal; fees.
477.646 Disciplinary action; reports of certain incidents; transfer of fireworks, special effects and pyrotechnic devices if license or certificate revoked.
477.651 Records; reports of theft, loss or disappearance; investigation.
477.661 Prohibited acts; seizure and disposal of fireworks.
Storage
477.663 General requirements; fees; inspection.
477.666 Seizure and disposal of fireworks.
CONTAINERS FOR FLAMMABLE OR COMBUSTIBLE LIQUIDS
477.680 Sale of portable containers required to comply with certain standard.
USE OF EXPLOSIVES IN BLASTING
477.710 Certificate required; qualifications; exemptions; fees; renewal of certificate.
477.720 Revocation or suspension of certificate.
477.730 Duties of holder of certificate.
REVIEW OF PLANS
477.740 Plans subject to review; certificate of compliance required; general requirements.
477.745 Response to deficiencies.
477.750 Fees; review by local government.
TYPE 1 EXHAUST SYSTEMS
477.770 Licensing requirements for servicing and cleaning.
477.780 Cleaning contracts and reports; reports of deficiencies; cleaning requirements; duties if contract expires or is not extended.
477.790 Attachment and contents of stick-on label regarding servicing; notice and label of impairment; notice and label of deficiency; correction of deficiency.
FIRE STANDPIPE SYSTEMS
477.810 Inspections and reports; notification of impairment or deficiency; correction of deficiency; hydrostatic tests; required tags; supervision of service required.
477.820 Agreement for maintenance and inspection; duties upon notification of use of or fault in system.
477.830 Submission of plans and specifications; corrected plans; certification of results of hydrostatic tests.
477.840 Certification of proper installation; metal placard required.
477.850 Tag for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency.
477.905 National Fire Incident Reporting System: Reporting requirements.
MISCELLANEOUS REQUIREMENTS
477.910 New buildings: Constructed by or for State; owned by State; exemptions.
477.912 State-owned and state-occupied buildings: Classification; inspection schedule; inspection reports.
477.915 Existing state-owned or state-occupied buildings: Requirements; exceptions; reporting of fires; smoke detectors; penalty for violation of section.
477.917 Existing buildings and structures: Alterations, repairs, additions or changes of occupancy.
477.920 Commercial buildings in rural regions.
PRACTICE BEFORE DIVISION
Hearings
477.930 Definitions.
477.933 “Hearing officer” defined.
477.935 “Party” defined.
477.937 “Petitioner” defined.
477.940 Scope.
477.943 Investigation; notice of alleged violations; administrative hearing.
477.945 Appearances and representation of parties.
477.947 Formal pleadings not required.
477.950 Correspondence; service of documents; inspection of documents.
477.953 Postponement of hearings.
477.955 Failure to appear.
477.957 Prehearing conference.
477.960 Hearing officer; record.
477.963 Behavior at hearing.
477.965 Hearing conducted by Division: Manner of taking testimony; where conducted.
477.967 Presentation of evidence.
477.970 Fees and expenses of witnesses.
477.973 Consolidation.
477.975 Briefs; oral argument.
477.977 Rehearing.
Disciplinary Action
477.980 Order for corrective action: Determination of whether to include order in administrative citation.
477.981 Order for corrective action: Determination of time permitted for compliance.
477.983 Order for corrective action: Extension of time for compliance.
477.985 Order for corrective action: Responsibility of person cited for performance by hired licensee.
477.987 Administrative citation: Service; contents.
477.990 Administrative citation: Withdrawal.
477.991 Administrative fine: Specification of violation; amount.
477.993 Refusal, suspension or revocation of license; grounds.
477.995 Procedures for review of actions by the Division.
477.997 Procedures for declaratory orders and advisory opinions.
GENERAL PROVISIONS
NAC 477.010 Definitions. (NRS 477.030, 477.085) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 477.020 to 477.270, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by St. Fire Marshal, 8-22-86, eff. 9-1-86; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R123-13, 1-16-2015; A by St. Bd. of Fire Services by R124-13, 6-26-2015; A by St. Fire Marshal by R132-18, 2-27-2020)
NAC 477.020 “Alarm service” defined. (NRS 477.030) “Alarm service” means the service required following:
1. The manual operation of a fire alarm box;
2. The transmission of an alarm indicating the operation of protective equipment or systems, the discharge of carbon dioxide or the detection of smoke or excessive heat; or
3. The transmission of an alarm from other protective systems.
[St. Fire Marshal, § 1.1104, eff. 11-27-78]
NAC 477.025 “Alarm signal” defined. (NRS 477.030) “Alarm signal” means a signal indicating an emergency requiring immediate action such as an alarm of fire from a manual box, a water flow alarm, an alarm from an automatic fire alarm system or other emergency signal.
[St. Fire Marshal, § 1.1105, eff. 11-27-78]
NAC 477.030 “Alter” and “alteration” defined. (NRS 477.030) “Alter” and “alteration” mean any change, modification or deviation in construction or occupancy.
[St. Fire Marshal, § 1.1106, eff. 11-27-78]
NAC 477.045 “Approved” defined. (NRS 477.030) “Approved” means that the State Fire Marshal has approved a practice or piece of equipment as the result of investigation and tests conducted under his or her supervision or by reason of accepted principles or tests by national authorities or technical or scientific organizations recognized by the State Fire Marshal.
[St. Fire Marshal, § 1.1109, eff. 11-27-78]
NAC 477.050 “Assembly” defined. (NRS 477.030) “Assembly” means the gathering together of 100 or more persons in drinking or dining establishments or 50 or more persons in any other place for any purpose.
[St. Fire Marshal, § 1.1110, eff. 11-27-78]
NAC 477.052 “Authority having jurisdiction” defined. (NRS 477.030) “Authority having jurisdiction” means:
1. Except as otherwise provided in subsection 2 or 3, the State Fire Marshal.
2. A local government in a county whose population is 100,000 or more or which has been converted into a consolidated municipality.
3. A local government in a county whose population is less than 100,000 or which has not been converted into a consolidated municipality if the local government has entered into an interlocal agreement with the State Fire Marshal to delegate to the local government the authority or duties of the State Fire Marshal in that area.
(Added to NAC by St. Fire Marshal by R062-04, eff. 9-3-2004)
NAC 477.053 “Board” defined. (NRS 477.085) “Board” means the State Board of Fire Services.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.055 “Building” defined. (NRS 477.030) “Building” means any structure erected for the support, shelter or enclosure of persons, animals or property.
[St. Fire Marshal, § 1.1111, eff. 11-27-78]
NAC 477.060 “Building official” defined. (NRS 477.030) “Building official” means the official of the State or a political subdivision charged with the administration of a building code.
[St. Fire Marshal, § 1.1112, eff. 11-27-78]
NAC 477.061 “Campus” defined. (NRS 477.030) “Campus” means the area and buildings owned or controlled by a university, college or school.
(Added to NAC by St. Fire Marshal by R132-18, eff. 2-27-2020)
NAC 477.062 “Category 2 resident” defined. (NRS 477.030) “Category 2 resident” has the meaning ascribed to it in NAC 449.1595.
(Added to NAC by St. Fire Marshal by R123-13, eff. 1-16-2015)
NAC 477.065 “Certificate” and “certificate of registration” defined. (NRS 477.030) “Certificate” and “certificate of registration” means a document issued by the State Fire Marshal to a person who has passed the prescribed tests which grants conditional permission to perform the acts described on the document.
[St. Fire Marshal, § 1.1113, eff. 11-27-78]
NAC 477.070 “Chief” defined. (NRS 477.030) “Chief” means the chief officer of the fire department serving a jurisdiction or his or her authorized representative.
[St. Fire Marshal, § 1.1114, eff. 11-27-78]
NAC 477.077 “Child care facility” defined. (NRS 477.030) “Child care facility” has the meaning ascribed to it in NRS 432A.024.
(Added to NAC by St. Fire Marshal, eff. 3-9-89)
NAC 477.080 “Combination paging alarm system” defined. (NRS 477.030) “Combination paging alarm system” means a fire alarm system designed to provide a general fire alarm and voice communication. The system may be used in whole or in part in common with another signaling system such as voice page or a musical program system if all components are of a type approved by the State Fire Marshal and the nonemergency system does not degrade the alarm and paging functions of the system.
[St. Fire Marshal, § 1.1116, eff. 11-27-78]
NAC 477.082 “Complex” defined. (NRS 477.030) “Complex” means a group of buildings, including, without limitation, apartments, hospitals and government facilities, that are located near each other and used for a particular purpose.
(Added to NAC by St. Fire Marshal by R132-18, eff. 2-27-2020)
NAC 477.085 “Custodial care facility” defined. (NRS 477.030)
1. “Custodial care facility” means a building or a part of a building which is used for lodging or boarding six or more persons who are incapable of caring for themselves because of age or physical or mental limitations.
2. The term includes facilities such as homes for the aged, nurseries providing custodial care for children less than 6 years of age, adult group care facilities and facilities for the care of persons with intellectual disabilities.
3. The term does not include day care facilities which do not provide lodging or boarding for institutional occupants.
[St. Fire Marshal, § 1.1117, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)
NAC 477.086 “Deficiency” defined. (NRS 477.030) “Deficiency” means, for the purpose of any fire protection equipment for the protection of life and property, a condition that:
1. Will or has the potential to adversely impact the performance of the fire system or a unit or portion thereof; and
2. Does not rise to the level of an impairment.
(Added to NAC by St. Fire Marshal by R132-18, eff. 2-27-2020)
NAC 477.087 “Division” and “State Fire Marshal Division” defined. (NRS 477.085) “Division” and “State Fire Marshal Division” mean the State Fire Marshal Division of the Department of Public Safety.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.090 “Dry system” defined. (NRS 477.030) “Dry system” means a sprinkler system employing automatic sprinklers attached to a piping system containing air or inert gas under atmospheric or higher pressures in which loss of pressure from the opening of a sprinkler or detection of a fire condition causes the release of water into the piping systems and out through the opened sprinkler.
[St. Fire Marshal, § 1.1118, eff. 11-27-78]
NAC 477.095 “Dwelling” defined. (NRS 477.030) “Dwelling” means any structure which contains one or two dwelling units intended to be used for human occupancy.
[St. Fire Marshal, § 1.1119, eff. 11-27-78]
NAC 477.100 “Dwelling unit” defined. (NRS 477.030) “Dwelling unit” means a single unit which has provisions for living and sleeping and which may provide for cooking and sanitation.
[St. Fire Marshal, § 1.1120, eff. 11-27-78]
NAC 477.103 “Fire extinguisher” defined. (NRS 477.030) “Fire extinguisher” means a device:
1. Containing powder, liquid or gases that can be expelled under pressure to suppress or extinguish a fire;
2. Which is tested, listed or approved by the Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC, the U.S. Coast Guard or a nationally recognized laboratory approved by the State Fire Marshal; and
3. Which is capable of achieving a minimum of one unit of classification of rating during testing and listing by a nationally recognized testing laboratory.
(Added to NAC by St. Fire Marshal, 8-22-86, eff. 9-1-86; A by R062-04, 9-3-2004)
NAC 477.1035 “Fire hydrant” defined. (NRS 477.030) “Fire hydrant” means a water supply system with a valve connection that has at least one outlet that is used to supply water to a hose or pumper tanker for a fire department.
(Added to NAC by St. Fire Marshal by R090-10, eff. 12-30-2011)
NAC 477.104 “Fire system” defined. (NRS 477.030) “Fire system” means a group of devices designed to provide protection from fire, or for the suppression or detection of fire.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.105 “Fixed hood system” defined. (NRS 477.030) “Fixed hood system” means a fixed extinguishing system which is utilized in the hood and duct system over cooking equipment.
[St. Fire Marshal, § 1.1121, eff. 11-27-78]
NAC 477.125 “Hydrostatic testing” defined. (NRS 477.030) “Hydrostatic testing” means a test under pressure of the required strength of a container by hydrostatic methods.
[St. Fire Marshal, § 1.1125, eff. 11-27-78]
NAC 477.133 “Impair” or “impairment” defined. (NRS 477.030) “Impair” or “impairment” means, for the purpose of any fire protection equipment for the protection of life and property, a condition:
1. In which the fire system or a unit or portion thereof is not in good working order; and
2. That may result in the fire system or a unit or portion thereof not functioning in the event of a fire.
(Added to NAC by St. Fire Marshal by R132-18, eff. 2-27-2020)
NAC 477.135 “Inspection” defined. (NRS 477.030)
1. “Inspection” means the handling and observation of a fixed hood system, portable fire extinguisher unit, fire sprinkler system, alarm system or special hazard suppression system to check for damage to the system or unit which could preclude it functioning as designed.
2. The term does not include actual maintenance.
[St. Fire Marshal, § 1.1127, eff. 11-27-78]—(NAC A by R132-18, 2-27-2020)
NAC 477.137 “Installer of medical gas systems” defined. (NRS 477.030) “Installer of medical gas systems” means a person who works for a company that is licensed by the State Fire Marshal to install medical gas distribution systems and whose work includes, without limitation, the installation, maintenance, repair, inspection and testing of a medical gas distribution system to keep the system and its components in an operative condition.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.138 “International Building Code” defined. (NRS 477.030) “International Building Code” means the code published by the International Code Council.
[St. Fire Marshal, § 1.1151, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)—(Substituted in revision for NAC 477.250)
NAC 477.139 “International Fire Code” defined. (NRS 477.030) “International Fire Code” means the code published by the International Code Council.
[St. Fire Marshal, § 1.1152, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)—(Substituted in revision for NAC 477.255)
NAC 477.1395 “International Wildland-Urban Interface Code” defined. (NRS 477.030) “International Wildland-Urban Interface Code” means the code published by the International Code Council.
(Added to NAC by St. Fire Marshal by R090-10, eff. 12-30-2011)
NAC 477.140 “Jurisdiction” defined. (NRS 477.030) “Jurisdiction” means any county, city, town, district or other political subdivision in the State.
[St. Fire Marshal, § 1.1128, eff. 11-27-78]
NAC 477.146 “License” defined. (NRS 477.030) “License” means a license granted to a firm by the State Fire Marshal to perform certain tasks or work in an area regulated by the State Fire Marshal.
(Added to NAC by St. Fire Marshal, eff. 3-9-89)
NAC 477.150 “Maintenance” defined. (NRS 477.030)
1. “Maintenance” means repair service, including periodic inspections and tests, required to keep the protective signaling system and automatic sprinkler systems and their component parts in an operative condition at all times, together with replacement of the system or of their components when it becomes undependable or inoperative.
2. The term also means the disassembly of an extinguisher or extinguishing system and a complete check of all working parts and all parts which have a bearing on the performance of the extinguisher or system to ensure their integrity.
[St. Fire Marshal, § 1.1130, eff. 11-27-78]
NAC 477.155 “N.F.P.A.” defined. (NRS 477.030) “N.F.P.A.” means the National Fire Protection Association.
[St. Fire Marshal, § 1.1131, eff. 11-27-78]
NAC 477.165 “Owner” defined. (NRS 477.030) “Owner” means a person who owns property and the person’s authorized agent or attorney, a purchaser, devisee or fiduciary and a person having a vested or contingent interest in the property.
[St. Fire Marshal, § 1.1133, eff. 11-27-78]
NAC 477.167 “Person” defined. (NRS 477.085) “Person” means:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, sole proprietorship, association, trust or unincorporated organization.
3. A government, a political subdivision of a government, or an agency or instrumentality of a government or of a political subdivision of a government.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.170 “Pipe” defined. (NRS 477.030) “Pipe” includes pipe and tubing.
[St. Fire Marshal, § 1.1135, eff. 11-27-78]
NAC 477.172 “Portable building” defined. (NRS 477.030) “Portable building” means a structure that is used as a classroom or for any other purpose relating to education and which is intended to be moveable, whether manufactured on the site or elsewhere or purchased for or converted to a mobile capability. The term includes a mobile, manufactured, portable or relocatable building, structure or unit, by whatever name designated.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.175 “Portable fire extinguisher” defined. (NRS 477.030) “Portable fire extinguisher” means any approved device capable of being moved from place to place which contains dry chemicals, fluids or gases for the purpose of extinguishing fires and the means for application of its contents.
[St. Fire Marshal, § 1.1136, eff. 11-27-78]
NAC 477.180 “Pre-engineered system” defined. (NRS 477.030) “Pre-engineered system” means a packaged system of components designed to be installed according to pretested limitations as listed by a nationally recognized testing laboratory or as determined by the State Fire Marshal.
[St. Fire Marshal, § 1.1137, eff. 11-27-78]
NAC 477.185 “Protective signaling system” defined. (NRS 477.030) “Protective signaling system” means electrically operated circuits, instruments and devices, together with the necessary electrical energy, designed to transmit fire alarms and supervisory and trouble signals necessary for the protection of life and property.
[St. Fire Marshal, § 1.1138, eff. 11-27-78]
NAC 477.190 “Protective systems, equipment or apparatus” defined. (NRS 477.030) “Protective systems, equipment or apparatus” means automatic sprinklers, standpipes, carbon dioxide systems and other devices used for extinguishing fires and for controlling temperatures or other conditions dangerous to life or property.
[St. Fire Marshal, § 1.1139, eff. 11-27-78]
NAC 477.195 “Recharging” defined. (NRS 477.030) “Recharging” means emptying the extinguishing agent container, refilling with the appropriate extinguishing agent, charging the container with the appropriate propellant and reasonable preventative maintenance to ensure integrity.
[St. Fire Marshal, § 1.1140, eff. 11-27-78]
NAC 477.200 “Registrant” defined. (NRS 477.030) “Registrant” means a person who has been issued a certificate of registration by the State Fire Marshal.
[St. Fire Marshal, § 1.1141, eff. 11-27-78]
NAC 477.205 “Restrained care facility” defined. (NRS 477.030) “Restrained care facility” means a building or a part of a building which is used to house persons who are under restraint or security.
[St. Fire Marshal, § 1.1142, eff. 11-27-78]
NAC 477.210 “Service” and “servicing” defined. (NRS 477.030) “Service” and “servicing” means:
1. Maintenance of portable fire extinguishers or fixed extinguishing systems in accordance with applicable adopted standards, including all charging, filling, recharging, refilling, repairing, installing, hydrostatic testing and tagging by a licensed company or a holder of a certificate of registration.
2. Servicing of protective signaling systems and automatic sprinkler systems and components in accordance with adopted standards and may include maintenance, installation, repairing, restoration, inspections and tests by a licensed company or a holder of a certificate of registration.
[St. Fire Marshal, § 1.1143, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000)
NAC 477.215 “Smoking” defined. (NRS 477.030) “Smoking” means the carrying or use of a lighted pipe, cigar, cigarette or tobacco in any form.
[St. Fire Marshal, § 1.1144, eff. 11-27-78]
NAC 477.218 “Special hazard suppression system” defined. (NRS 477.030) “Special hazard suppression system” means a fire suppression system other than a sprinkler system or pre-engineered system which requires individual calculation and design to determine the flow rates, nozzle pressures and pipe size of each nozzle, the area or volume protected by each nozzle, and the quantities of product, number and types of nozzles and their placement in a specific system.
(Added to NAC by St. Fire Marshal by R090-10, eff. 12-30-2011)
NAC 477.220 “Sprinkler system” defined. (NRS 477.030) “Sprinkler system” means an integrated system of piping connected to a water supply, including a controlling valve and a device for actuating an alarm when the system operates, with sprinklers which will automatically initiate water discharge over a fire area.
[St. Fire Marshal, § 1.1145, eff. 11-27-78]
NAC 477.222 “Standpipe system” defined. (NRS 477.030) “Standpipe system” means an arrangement of piping, valves, hose connections and related equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams and spray patterns through attached hoses and nozzles, for the purposes of extinguishing a fire and protecting a building or structure, its contents and its occupants. A standpipe system may be connected to a system which supplies water, or uses pumps, tanks or other equipment necessary to provide an adequate supply of water to the hose connections. For the purposes of this chapter, a standpipe system which is used in combination with an automatic fire sprinkler system retains its characterization as a standpipe system.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.225 “Supervisory service” defined. (NRS 477.030) “Supervisory service” means the service required to assure the operating condition of automatic sprinkler systems and other systems for the protection of life and property.
[St. Fire Marshal, § 1.1146, eff. 11-27-78]
NAC 477.230 “Supervisory signal” defined. (NRS 477.030) “Supervisory signal” means a signal indicating the need of action in connection with the supervision of watchmen or of sprinkler and other extinguishing systems or equipment or with the maintenance features of other protective systems.
[St. Fire Marshal, § 1.1147, eff. 11-27-78]
NAC 477.235 “System” defined. (NRS 477.030) “System” means any assembly, electrical or mechanical, and all parts and portions connected to it.
[St. Fire Marshal, § 1.1148, eff. 11-27-78]
NAC 477.240 “Trouble signal” defined. (NRS 477.030) “Trouble signal” means a signal indicating trouble of any nature, such as a circuit break or ground, occurring in the devices or wiring associated with a protective signaling system.
[St. Fire Marshal, § 1.1149, eff. 11-27-78]
NAC 477.245 “U.L.” defined. (NRS 477.030) “U.L.” means Underwriters Laboratories Inc.
[St. Fire Marshal, § 1.1150, eff. 11-27-78]
NAC 477.260 “Uniform Mechanical Code” defined. (NRS 477.030) “Uniform Mechanical Code” means the code published by the International Association of Plumbing and Mechanical Officials.
[St. Fire Marshal, § 1.1153, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)
NAC 477.265 “Uniform Plumbing Code” defined. (NRS 477.030) “Uniform Plumbing Code” means the code published by the International Association of Plumbing and Mechanical Officials.
[St. Fire Marshal, § 1.1154, eff. 11-27-78]
NAC 477.270 “Wet system” defined. (NRS 477.030) “Wet system” means a system employing automatic sprinklers attached to a piping system containing water and connected to a water supply in which water discharges immediately from sprinklers opened by a fire.
[St. Fire Marshal, § 1.1155, eff. 11-27-78]
NAC 477.275 Compliance with intent of chapter. (NRS 477.030) Where no specific standards or requirements are specified in this chapter or contained within other applicable statutes, ordinances or bylaws, or within other codes or regulations adopted by the State Fire Marshal,
compliance with the applicable standards of the N.F.P.A. or other nationally recognized fire safety standards approved by the State Fire Marshal is prima facie evidence of compliance with the intent of this chapter.
[St. Fire Marshal, § 1.102, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.280 Adoption and effect of local requirements; enforcement of model codes. (NRS 477.030)
1. Except for property owned by the State, where there is a conflict between this chapter and any code, ordinance or regulation adopted by a local authority, the more stringent requirement providing the greatest safety from fire and for life to the public applies.
2. The model codes adopted with modifications by the State Fire Marshal pursuant to this chapter are enforceable jointly with the other provisions of this chapter.
3. Nothing in this section prohibits a local government from adopting any code or ordinance that is more stringent than the provisions of this chapter.
[St. Fire Marshal, § 1.103, eff. 11-27-78]—(NAC A 1-19-84; 8-24-90; R062-04, 9-3-2004)
NAC 477.281 Codes adopted by reference. (NRS 477.030)
1. The State Fire Marshal hereby adopts by reference the following nationally recognized codes with additions and deletions as noted in NAC 477.283:
(a) International Fire Code, 2018 edition, including appendices B, C, D, F and H. A copy is available from the International Code Council by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org, at the price of $89.50 for members and $119.00 for nonmembers.
(b) International Building Code, 2018 edition. A copy is available from the International Code Council by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org, at the price of $110 for members and $147 for nonmembers.
(c) International Existing Building Code, 2018 edition. A copy is available from the International Code Council by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org, at the price of $59.75 for members and $79.50 for nonmembers.
(d) International Wildland-Urban Interface Code, 2018 edition, including Appendices A and B. A copy is available from the International Code Council by mail at 25442 Network Place, Chicago, Illinois 60673-1254, or at the Internet address http://www.iccsafe.org, at the price of $43.50 for members and $58.00 for nonmembers.
(e) Uniform Mechanical Code, 2018 edition. A copy is available from the International Association of Plumbing and Mechanical Officials by mail at 4755 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://publications.iapmo.org, at the price of $100 for members and $125 for nonmembers.
(f) Uniform Plumbing Code, 2018 edition. A copy is available from the International Association of Plumbing and Mechanical Officials, by mail at 4755 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://publications.iapmo.org, at the price of $100 for members and $125 for nonmembers.
2. In addition to the codes adopted pursuant to subsection 1, the State Fire Marshal hereby adopts by reference the following codes and standards of the National Fire Codes to supplement other codes adopted in this chapter:
(a) N.F.P.A. 10, 2018 edition;
(b) N.F.P.A. 11, 2016 edition;
(c) N.F.P.A. 12, 2015 edition;
(d) N.F.P.A. 12A, 2015 edition;
(e) N.F.P.A. 13, 2016 edition;
(f) N.F.P.A. 13D, 2016 edition;
(g) N.F.P.A. 13R, 2016 edition;
(h) N.F.P.A. 14, 2016 edition;
(i) N.F.P.A. 15, 2017 edition;
(j) N.F.P.A. 16, 2015 edition;
(k) N.F.P.A. 17, 2017 edition;
(l) N.F.P.A. 17A, 2017 edition;
(m) N.F.P.A. 18, 2017 edition;
(n) N.F.P.A. 20, 2016 edition;
(o) N.F.P.A. 22, 2018 edition;
(p) N.F.P.A. 24, 2016 edition;
(q) N.F.P.A. 25, 2017 edition;
(r) N.F.P.A. 30, 2018 edition;
(s) N.F.P.A. 30B, 2015 edition;
(t) N.F.P.A. 45, 2015 edition;
(u) N.F.P.A. 52, 2016 edition;
(v) N.F.P.A. 54, 2018 edition, or the most current version adopted by reference by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.610;
(w) N.F.P.A. 55, 2016 edition;
(x) N.F.P.A. 58, 2017 edition, or the most current version adopted by reference by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.600;
(y) N.F.P.A. 72, 2016 edition;
(z) N.F.P.A. 80, 2016 edition;
(aa) N.F.P.A. 85, 2015 edition;
(bb) N.F.P.A. 86, 2015 edition;
(cc) N.F.P.A. 90A, 2018 edition;
(dd) N.F.P.A. 90B, 2018 edition;
(ee) N.F.P.A. 92, 2018 edition;
(ff) N.F.P.A. 96, 2017 edition;
(gg) N.F.P.A. 99, 2018 edition;
(hh) N.F.P.A. 99B, 2018 edition;
(ii) Section 18.3.4.5 of N.F.P.A. Standard 101, 2018 edition;
(jj) N.F.P.A. 102, 2016 edition;
(kk) N.F.P.A. 110, 2016 edition;
(ll) N.F.P.A. 111, 2013 edition;
(mm) N.F.P.A. 122, 2015 edition;
(nn) N.F.P.A. 130, 2017 edition;
(oo) N.F.P.A. 140, 2018 edition;
(pp) N.F.P.A. 150, 2019 edition;
(qq) N.F.P.A. 160, 2016 edition, or the most current version adopted by reference by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.615;
(rr) N.F.P.A. 385, 2017 edition;
(ss) N.F.P.A. 400, 2016 edition;
(tt) N.F.P.A. 403, 2018 edition;
(uu) N.F.P.A. 407, 2017 edition;
(vv) N.F.P.A. 409, 2016 edition;
(ww) N.F.P.A. 410, 2015 edition;
(xx) N.F.P.A. 415, 2016 edition;
(yy) N.F.P.A. 418, 2016 edition;
(zz) N.F.P.A. 472, 2018 edition;
(aaa) N.F.P.A. 495, 2018 edition;
(bbb) N.F.P.A. 501A, 2017 edition, or the most current version adopted by reference by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.620;
(ccc) N.F.P.A. 600, 2015 edition;
(ddd) N.F.P.A. 704, 2017 edition;
(eee) N.F.P.A. 730, 2018 edition;
(fff) N.F.P.A. 731, 2017 edition;
(ggg) N.F.P.A. 750, 2015 edition;
(hhh) N.F.P.A. 853, 2015 edition;
(iii) N.F.P.A. 901, 2016 edition;
(jjj) N.F.P.A. 909, 2017 edition;
(kkk) N.F.P.A. 914, 2015 edition;
(lll) N.F.P.A. 1001, 2019 edition;
(mmm) N.F.P.A. 1003, 2019 edition;
(nnn) N.F.P.A. 1051, 2016 edition;
(ooo) N.F.P.A. 1072, 2017 edition;
(ppp) N.F.P.A. 1081, 2018 edition;
(qqq) N.F.P.A. 1122, 2018 edition;
(rrr) N.F.P.A. 1123, 2018 edition;
(sss) N.F.P.A. 1124, 2017 edition;
(ttt) N.F.P.A. 1126, 2016 edition;
(uuu) N.F.P.A. 1127, 2018 edition;
(vvv) N.F.P.A. 1141, 2017 edition;
(www) N.F.P.A. 1142, 2017 edition;
(xxx) N.F.P.A. 1143, 2018 edition;
(yyy) N.F.P.A. 1144, 2018 edition;
(zzz) N.F.P.A. 1192, 2018 edition, or the most current version adopted by reference by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.640;
(aaaa) N.F.P.A. 1194, 2018 edition;
(bbbb) N.F.P.A. 1221, 2016 edition;
(cccc) N.F.P.A. 1402, 2019 edition;
(dddd) N.F.P.A. 1403, 2018 edition;
(eeee) N.F.P.A. 1452, 2015 edition;
(ffff) N.F.P.A. 1600, 2019 edition;
(gggg) N.F.P.A. 1616, 2017 edition;
(hhhh) N.F.P.A. 1710, 2016 edition;
(iiii) N.F.P.A. 1720, 2014 edition;
(jjjj) N.F.P.A. 1851, 2014 edition;
(kkkk) N.F.P.A. 1852, 2019 edition;
(llll) N.F.P.A. 1855, 2018 edition;
(mmmm) N.F.P.A. 1858, 2018 edition;
(nnnn) N.F.P.A. 1961, 2013 edition;
(oooo) N.F.P.A. 1962, 2018 edition;
(pppp) N.F.P.A. 1963, 2019 edition;
(qqqq) N.F.P.A. 1965, 2014 edition;
(rrrr) N.F.P.A. 1971, 2018 edition;
(ssss) N.F.P.A. 1977, 2016 edition;
(tttt) N.F.P.A. 2001, 2015 edition;
(uuuu) N.F.P.A. 2010, 2015 edition;
(vvvv) N.F.P.A. 2400, 2019 edition; and
(wwww) N.F.P.A. 3000, 2018 edition.
Ê A copy of each of the codes and standards is available free of charge at the Internet address http://www.nfpa.org.
3. Where no specific codes or standards are specified in the International Fire Code, 2018 edition, the applicable standards of the N.F.P.A. may be used.
[St. Fire Marshal, §§ 8.101 & 8.102, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.283 Changes to codes adopted by reference: International Fire Code; International Building Code; International Existing Building Code; International Wildland-Urban Interface Code; Uniform Mechanical Code. (NRS 477.030)
1. The following changes are made to the 2018 edition of the International Fire Code as adopted by reference in NAC 477.281:
(a) “International Fuel Gas Code” is deleted and replaced with “N.F.P.A. Standard 54, 2018 edition, or the most current version adopted by the Board for the Regulation of the Liquefied Petroleum Gas in NAC 590.610.”
(b) “International Mechanical Code” is deleted and replaced with “2018 Uniform Mechanical Code.”
(c) “International Plumbing Code” is deleted and replaced with “2018 Uniform Plumbing Code.”
(d) Section 105.6.20 is revised by adding a new paragraph to read as follows: “When a permit is required to be obtained for hazardous material, the Nevada Combined Agency Hazardous Material Facility Report must be completed and the appropriate fees paid.”
(e) Section 109 is deleted.
(f) In section 202, in the definition of “High-Rise Building,” “75 feet (22 860 mm)” is deleted and replaced with “55 feet (16 764 mm).”
(g) In section 202, under “Occupancy Classification”:
(1) The definition of “Institutional Group I-2” is revised by adding: “All portions of a care facility which houses patients or residents which are classified by the State Board of Health as a ‘Category 2 resident’ and which has an occupant load of more than 10 residents, is classified as an ‘I-2’ occupancy classification.”
(2) In the definition of “Institutional Group I-4, day care facilities,” “five” is deleted and replaced with “six.”
(3) The definition of “Residential Group R-1” is revised by adding “Brothel” to the list.
(4) In compliance with NRS 449.1865, in the definition of “Residential Group R-3,” “for five or fewer persons receiving care” is deleted and replaced with “for three or more persons receiving care.”
(5) The definition of “Residential Group R-4” is revised by adding:
(I) “Reintegration facilities”; and
(II) “Transitional living facilities.”
(h) Section 308.1.4 is deleted.
(i) In section 308.1.6.3, “an untethered sky lantern” is deleted and replaced with “a sky lantern or similar device with an open flame fuel source.”
(j) In section 503.2.3, “surfaced so as to provide all-weather driving capabilities” is deleted and replaced with “surfaced and paved so as to provide all-weather driving capabilities that are acceptable to and approved by the authority having jurisdiction.
Exception: Temporary access roads serving only buildings under construction are not required to be paved.”
(k) Section 505.1 is deleted and replaced with: “New and existing buildings must be provided with approved address numbers, building numbers or address identification. The address numbers, building numbers or address identification must be legible and placed in a position that is visible from the street or road fronting the property. The characters in address numbers, building numbers or address identification must contrast with their background. Address numbers, building numbers or address identification must be Arabic numbers or alphabetical letters. Each number, character and letter must be a minimum of 6 inches (152.4 mm) high for buildings that are within 50 feet of the street, 12 inches high for buildings that are within 51 to 100 feet of the street and 18 inches high for buildings that are over 100 feet from the street. Each number, character and letter must be a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road or driveway and the building cannot be viewed from the public way, a monument, pole or other sign or means must be used to identify the structure. The requirements of this paragraph can be adjusted
to allow large Arabic numbers or alphabetical letters as required by the fire code official for the needs of campuses and complexes for planning and coordination as listed under N.F.P.A. 3000, 2018 edition.”
(l) Section 507.3 is revised by adding a new paragraph to read as follows: “Subject to the approval of the fire authority, if the required fire flow is not available for adequate fire protection, an approved automatic fire sprinkler system must be installed throughout the building or buildings. The sprinkler system must meet the requirements of the appropriate N.F.P.A. standard. The provisions of this paragraph do not apply if a fire sprinkler system is otherwise required by this chapter or the adopted codes.”
(m) Section 510.1 is deleted and replaced with: “Emergency responder radio coverage systems must be provided throughout any building that meets one of the following standards:
1. High-rise buildings: Buildings with a floor used for human occupancy that is located more than 55 feet above the lowest level of fire department vehicle access.
2. Underground and below-grade buildings: Buildings with a floor level that is below the finished floor of the lowest level of the exit discharge of any level.
3. Other buildings: The fire code official is authorized to require a technical opinion and report, in accordance with section 104.7.2, for buildings whose design, due to location, size, construction type or other factors, could impede radio coverage as required by section 510.4.1. The report shall make a recommendation regarding the need for an emergency responder radio coverage system.”
(n) Section 510.2 is deleted and replaced with: “Existing buildings, other than buildings with an occupational classification of Residential Group R-3, which do not have approved radio coverage for emergency responders in the building based on existing coverage levels of the public safety communications systems, must be equipped with such coverage according to one of the following conditions:
1. Existing buildings that do not have approved radio coverage, as determined by the Fire Chief, in accordance with section 510.4.1.
2. Where an existing wired communication system cannot be repaired or is being replaced.
3. Within a time frame established by the adopting authority.
Exception: An existing building is not required to be equipped with such coverage where the fire code official determines that the radio coverage for emergency responders is not needed.”
(o) Section 903.2.1.2 is revised by adding a new paragraph to read as follows: “Occupancies containing a casino, regardless of occupancy classification, must be designed and built with a sprinkler system classified as an ordinary Hazard Group 2.”
(p) Section 903.2.3 is revised by adding a new paragraph to read as follows: “In high schools where automatic sprinkler systems are provided, the automatic sprinkler systems for the automotive and woodworking shops must be designed to meet ordinary hazard group 1 criteria.”
(q) Section 903.2 is revised by adding a new paragraph to read as follows: “In all occupancies except group R-3 and U occupancies, a building that is more than two stories in height, including any height added by usable floor space, must have an automatic sprinkler system throughout. Any open parking garage and any airport control tower is exempt from this requirement to install an automatic sprinkler system.”
(r) Section 906.2 is revised by adding new sentences following the first sentence to read as follows: “The internal components of carbon dioxide, wet chemical, halogenated agent, aqueous film-forming foam (AFFF) and film-forming fluoroprotein (FFFP) portable fire extinguishers shall be examined in accordance with N.F.P.A. Standard 10, 2018 edition, table 7.3.3.1. The internal components of all other portable fire extinguishers shall be examined annually.”
(s) Section 907.5.2.1.1 is revised by adding a new paragraph to read as follows: “The minimum sound pressure levels of audible alarm notification appliances shall be 90 dBA in mechanical equipment rooms and 80 dBA in all other occupancies.”
(t) Section 907.5.2.3 is revised by adding the following exceptions following exception 4:
“5. Visible alarm notification appliances are not required in storage rooms, electrical rooms and mechanical rooms that are not normally occupied and are less than 400 square feet.
6. Visible alarm notification appliances are not required in janitor closets.”
(u) Section 907.10 is revised by adding: “The provisions of this section apply when any work that requires a permit is conducted on a new or existing building or structure.”
(v) In section 915.1.1, “occupancies and” is deleted and replaced with “occupancies, including, without limitation, Residential Group R-3 occupancies used for transient occupancy of less than 30 days, and.”
(w) Chapter 11 is deleted.
(x) Section 5601.1.3 is revised by deleting the first sentence and adding a new sentence to read as follows: “Except as otherwise provided in this section, the possession, manufacture, storage, sale, use and handling of Class 1.3 and Class 1.4 pyrotechnics are only allowed in jurisdictions where specifically approved by local ordinance.”
(y) Section 6101.1 is revised by adding a new paragraph to read as follows: “In the event of a conflict between any provision in this chapter and the regulations of the Board for the Regulation of Liquefied Petroleum Gas, the regulations of the Board take precedence.”
(z) In table B105.2 of Appendix B, “25 percent” is deleted and replaced with “50 percent.”
2. The following changes are made to the 2018 edition of the International Building Code as adopted by reference in NAC 477.281:
(a) “International Fuel Gas Code” is deleted and replaced with “N.F.P.A. Standard 54, 2018 edition, or the most current version adopted by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.610.”
(b) “International Mechanical Code” is deleted and replaced with “2018 Uniform Mechanical Code.”
(c) “International Plumbing Code” is deleted and replaced with “2018 Uniform Plumbing Code.”
(d) Section 113 is deleted.
(e) In section 202, in the definition of “High-Rise Building,” “75 feet (22 860 mm)” is replaced with “55 feet (16 764 mm).”
(f) Section 308.3 is revised by adding a new paragraph to read as follows: “All portions of a care facility which houses patients or residents which are classified by the State Board of Health as a ‘Category 2 resident’ and which has an occupant load of more than 10 residents, is classified as an ‘I-2’ occupancy classification.”
(g) In section 308.5, “five” is deleted and replaced with “three.”
(h) Section 310.2 is revised by adding “Brothel” to the list.
(i) In compliance with NRS 449.1865, in section 310.4, “for five or fewer persons receiving care” is deleted and replaced with “for three or more persons receiving care.”
(j) In section 310.5, the following are added:
(1) “Reintegration facilities”; and
(2) “Transitional living facilities.”
(k) To section 403.5.3 at the end of the last sentence, is added: “or an activation of any fire alarm initiating device within the building or a failure of both the primary and backup power supplies.”
(l) In section 403.5.4, “75 feet (22 860 mm)” is deleted and replaced with “55 feet (16 764 mm).”
(m) Section 903.2.1.2 is revised by adding a new paragraph to read as follows: “Occupancies containing a casino, regardless of occupancy classification, must be designed and built with a sprinkler system classified as an ordinary Hazard Group 2.”
(n) Section 903.2.3 is revised by adding a new paragraph to read as follows: “In high schools where automatic sprinkler systems are provided, the automatic sprinkler systems for the automotive and woodworking shops must be designed to meet ordinary hazard group 1 criteria.”
(o) Section 903.2 is revised by adding a new paragraph to read as follows: “In all occupancies except group R-3 and U occupancies, a building that is more than two stories in height, including any height added by usable floor space, must have an automatic sprinkler system throughout. Any open parking garage and any airport control tower is exempt from this requirement to install an automatic sprinkler system.”
(p) Section 907.5.2.1.1 is revised by adding a new paragraph to read as follows: “The minimum sound pressure level of audible alarm notification appliances shall be 90 dBA in mechanical equipment rooms and 80 dBA in all other occupancies.”
(q) Section 907.5.2.3 is revised by adding the following exceptions following exception 4:
“5. Visible alarm notification appliances are not required in storage rooms, electrical rooms and mechanical rooms that are not normally occupied and are less than 400 square feet.
6. Visible alarm notification appliances are not required in janitor closets.”
(r) In section 1008.1.9.11, exception 3 is revised to read as follows: “In stairways serving buildings other than high-rise buildings, doors are permitted to be locked on the side opposite the egress side, provided that the doors can be opened from the egress side. Doors must automatically unlock upon the activation of a fire alarm system or a fire sprinkler waterflow alarm, or for a power failure. Exit discharge doors must remain unlocked.”
3. The following changes are made to the 2018 edition of the International Existing Building Code as adopted by reference in NAC 477.281:
(a) “International Fuel Gas Code” is deleted and replaced with “N.F.P.A. Standard 54, 2018 edition, or the most current version adopted by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.610.”
(b) “International Mechanical Code” is deleted and replaced with “2018 Uniform Mechanical Code.”
(c) “International Plumbing Code” is deleted and replaced with “2018 Uniform Plumbing Code.”
4. The following changes are made to the 2018 edition of the International Wildland-Urban Interface Code as adopted by reference in NAC 477.281:
(a) Section 106 is deleted.
(b) In section 108.4, “pursuant to Section 502” is deleted.
(c) In section 302.3, “on a three-year basis or more frequently as deemed necessary by the legislative body” is deleted and replaced with “as deemed necessary by the code official.”
(d) Section 404.1 is revised by deleting “provided in order to qualify as a conforming water supply for the purpose of Table 503.1 or as.”
(e) Chapter 5 is deleted.
(f) Section 602.1 is deleted.
(g) Section 603.2 is revised by deleting “Building or structures, constructed in compliance with the conforming defensible space category of table 503.1, shall comply with the fuel modification distance contained in table 603.2.”
(h) Section B101.1 is revised to read as follows: “Where required, vegetation management plans must be submitted to the code official and the State Forester Firewarden for review and approval as part of the plans required for a permit.”
5. The following changes are made to the 2018 edition of the Uniform Mechanical Code as adopted by reference in NAC 477.281:
(a) “International Fuel Gas Code” is deleted and replaced with “N.F.P.A. Standard 54, 2018 edition, or the most current version adopted by the Board for the Regulation of Liquefied Petroleum Gas in NAC 590.610.”
(b) “International Plumbing Code” is deleted and replaced with “2018 Uniform Plumbing Code.”
6. As used in this section, “casino” means any room in which gaming is conducted, including, without limitation, any bar, cocktail lounge or other facility housed therein as well as the area occupied by the games. The term does not include any establishment that is operated pursuant to a restricted license as defined in NRS 463.0189.
[St. Fire Marshal, §§ 8.201-8.501, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; 2-17-94; 5-18-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.2833 2012 Emergency Response Guidebook adopted by reference. (NRS 459.773, 477.030)
1. The State Fire Marshal hereby adopts by reference the 2016 Emergency Response Guidebook published by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation and any subsequent revision of the publication that has been approved by the State Fire Marshal for use in this State. Each revision of the publication shall be deemed approved by the State Fire Marshal unless the State Fire Marshal disapproves of the revision within 180 days after the date of publication of the revision.
2. The most recent publication of the Emergency Response Guidebook that has been approved by the State Fire Marshal will be available for inspection at the office of the Division of Emergency Management of the Department of Public Safety, 2478 Fairview Drive, Carson City, Nevada 89701, or may be obtained, free of charge, from the United States Department of Transportation at the Internet address https://www.phmsa.dot.gov.
3. The State Fire Marshal will:
(a) Review each revision of the publication described in subsection 1 to ensure its suitability for this State; and
(b) File a copy of each revision of the publication described in subsection 1 that the State Fire Marshal approves with the Secretary of State and the State Library, Archives and Public Records Administrator.
(Added to NAC by St. Fire Marshal by R123-13, eff. 1-16-2015; A by R132-18, 2-27-2020)
NAC 477.2835 Training of firefighters and personnel of volunteer fire departments, facility fire brigades and fire protection organizations on the management of wildland fires: Compliance with national standards. (NRS 477.030)
1. Fire departments that provide training to firefighters using techniques or exercises which involve the use of fire or any device that produces or may be used to produce fire must follow the requirements set forth in N.F.P.A. Standard 1403, as adopted by reference in NAC 477.281, on live fire-training evolutions.
2. Each person directly supervising a live fire-training evolution and each person managing a training program involving live fire-training evolutions must hold a certification from the State Fire Marshal as a Fire Service Instructor II or higher, as described in N.F.P.A. Standard 1041, as adopted by reference in subsection 5.
3. The construction of each structure used for a live fire-training evolution must comply with the requirements set forth in N.F.P.A. Standard 1403, as adopted by reference in NAC 477.281, including, without limitation, design oversight and periodic inspection conducted by a person licensed in accordance with the provisions of chapter 625 of NRS who is working within his or her area of expertise.
4. Any evaluation, inspection or modification of an acquired structure that is to be used for a live fire-training evolution must comply with the requirements set forth in N.F.P.A. Standard 1403, as adopted by reference in NAC 477.281.
5. The State Fire Marshal hereby adopts by reference N.F.P.A. Standard 1041, 2019 edition, of the National Fire Code and any subsequent revision of the publication that has been approved by the State Fire Marshal for use in this State. Each revision of the publication shall be deemed approved by the State Fire Marshal unless the State Fire Marshal disapproves of the revision within 180 days after the date of publication of the revision. A copy of the most recent publication of the standard will be available for inspection at the main office of the State Fire Marshal and may be obtained, free of charge, at the Internet address http://www.nfpa.org.
6. The State Fire Marshal will:
(a) Review each revision of the publication described in subsection 5 to ensure its suitability for this State; and
(b) File a copy of each revision of the publication described in subsection 5 that the State Fire Marshal approves with the Secretary of State and the State Library, Archives and Public Records Administrator.
7. A local government, city, town, county or district which establishes a paid full-time or part-time fire department that has been given the responsibility of organizing and deploying fire suppression operations, emergency medical operations and special operations to the public shall follow the minimum training requirements of personnel as set forth in N.F.P.A. 1001, as adopted by reference in NAC 477.281.
8. A local government, city, town, county or district which establishes a volunteer fire department that has been given the responsibility of organizing and deploying fire suppression operations, emergency medical operations and special operations to the public shall follow the minimum training requirements of personnel as set forth in N.F.P.A. 1720, as adopted by reference in NAC 477.281.
9. The owner or operator of an industrial, commercial, institutional or similar property which establishes a facility fire brigade shall follow the minimum training requirements of personnel as set forth in N.F.P.A. 600, as adopted by reference in NAC 477.281, and the minimum job performance requirements for industrial fire brigade personnel as set forth in N.F.P.A. 1081, as adopted by reference in NAC 477.281.
10. A state or local government, city, town, county or district which establishes a fire protection organization on the management of wildland fire suppression or which, through an agreement, responds to wildland fires shall follow the minimum training requirements of personnel as set forth in N.F.P.A. 1051 and 1143, as adopted by reference in NAC 477.281, or as set forth by the National Wildfire Coordinating Group.
(Added to NAC by St. Fire Marshal by R102-08, eff. 9-18-2008; A by R125-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.285 Requests for clarification of or relief from regulations. (NRS 477.030) Any person desiring clarification of the provisions of this chapter, relief from the strict application of any of their terms or information concerning procedures for dealing with the Division in connection with them must address a written request for the action or information to the State Fire Marshal at the:
State Fire Marshal Division
Department of Public Safety
107 Jacobsen Way
Carson City, Nevada 89711
[St. Fire Marshal, § 1.104, eff. 1-16-81]—(NAC A 2-17-94; R220-99, 9-25-2000)
NAC 477.287 Variance from requirements of codes and standards; requirement for use of equivalent means and method. (NRS 477.030) The State Fire Marshal may address, by variance, any requirement of the codes or standards adopted by him or her. The variance must provide an alternate means and method for satisfying the requirement that is being addressed by the variance. The State Fire Marshal will evaluate the alternate means and method used to ensure that the means and method are at least equivalent with regard to quality, strength, effectiveness, fire resistance, durability and safety as the applicable provisions of NAC and the codes and standards adopted by the State Fire Marshal.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R132-18, 2-27-2020)
NAC 477.288 Interlocal agreements to delegate all or portion of State Fire Marshal’s authority or duties in counties whose population is less than 100,000: Request by local government; review by State Fire Marshal; reports on activities; revocation; changes in program part of agreement. (NRS 477.030)
1. A request by a local government for an interlocal agreement pursuant to the provisions of NRS 477.030 must:
(a) Identify the local government and designate those persons who will represent the local government for the purposes of the interlocal agreement.
(b) Be accompanied by an official resolution executed by the local government which petitions the State Fire Marshal to develop, in cooperation with the local government, an interlocal agreement and describes the authority or duties being requested for delegation.
2. The State Fire Marshal, upon the receipt of such a request, will assign personnel from the State Fire Marshal Division to determine if the proposed program and the ability of the personnel of the local government are substantially equivalent to the program and ability of the State Fire Marshal.
3. Personnel assigned by the State Fire Marshal pursuant to this section shall complete the review within 60 days and recommend that the request be approved, returned for further development or disapproved.
4. The State Fire Marshal is the final administrative authority and will determine which authority or duties may be assigned to the local government pursuant to the interlocal agreement. The State Fire Marshal will require reports on the activities being performed pursuant to the provisions of an interlocal agreement.
5. The State Fire Marshal may revoke an interlocal agreement with a local government if the local government fails to:
(a) Supply the required reports; or
(b) Cooperate with the State Fire Marshal in verifying the equivalency of personnel and programs.
6. The State Fire Marshal will:
(a) Notify the local government if he or she intends to improve, update or otherwise change any program which is part of an interlocal agreement with the local government; and
(b) Allow adequate time for the local government to adjust its personnel, programs or training to conform with the change.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R132-18, 2-27-2020)
NAC 477.290 Severability. (NRS 477.030) If any of the provisions of this chapter, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
[St. Fire Marshal, § 1.1101 subsec. d, eff. 11-27-78]
LICENSES AND CERTIFICATES OF REGISTRATION
General Provisions
NAC 477.300 Application; requirements; inspection; maintenance and availability of records; effect; access to systems for protection from fire. (NRS 477.030, 477.033)
1. All applications for licenses or certificates must be made to the State Fire Marshal in the manner required by this chapter.
2. A person who performs any of the following work in this State, other than as the employee of another, must obtain a license in accordance with this chapter and chapter 477 of NRS and shall require each person employed by him or her to perform that work to obtain the appropriate certificate of registration:
(a) Selling, servicing, maintaining or installing any fire extinguisher, engineered or pre-engineered fixed fire extinguishing system, fire alarm system, fire detection system, automatic fire suppression system or fire standpipe system.
(b) Cleaning of a Type 1 hood and duct and the removal of fuel.
(c) Blasting and using commercial explosives.
(d) Using and handling of pyrotechnics.
(e) Installing medical gas systems.
(f) Selling and installing heat detectors which will be used as devices for the early warning of fires.
(g) Installing, servicing and repairing of underground piping and fire sprinkler systems.
(h) Installing, servicing and repairing of underground piping and fire hydrants.
(i) Testing of backflow assemblies.
(j) Flame effects.
(k) Retail selling of portable fire extinguishers.
(l) Performing work as a magician.
(m) Furniture, fixture and equipment interior design.
3. A person who acts as a fire performer or an apprentice fire performer must obtain a certificate of registration in accordance with this chapter and chapter 477 of NRS.
4. The State Fire Marshal or the authorized representative of the State Fire Marshal may inspect vehicles, equipment, buildings, devices, premises or any area to be used in performing the activities permitted by the license or certificate.
5. The State Fire Marshal or his or her authorized representative may send a written request to a licensed firm or a registrant requiring documentation to be provided to the State Fire Marshal, including, without limitation, documentation relating to services performed by the firm or registrant.
6. A license or certificate issued by the State Fire Marshal remains the property of the State Fire Marshal Division and must be renewed as required by NAC 477.310. The license or certificate is not transferable, is revocable for cause and, except as otherwise provided in this chapter, will not be issued to any person who has not reached 18 years of age.
7. A licensee shall comply with any regulation adopted by a local authority which is more stringent.
8. All applications for a license for the installation and maintenance of systems for protection from fire must be accompanied by a letter of certification from a manufacturer or supplier of the system or material or parts for the system stating that the licensee has received parts and materials for the installation, maintenance, servicing, testing and inspection of those materials, items or systems.
9. Any firm doing business in Nevada which must be licensed by the State Fire Marshal must:
(a) If applicable, have a valid state business license issued by the Secretary of State;
(b) In all license applications and license renewal forms submitted to the State Fire Marshal, include the business identification number or other unique identification number assigned to the business by the Secretary of State;
(c) Be in compliance with all applicable regulations of the State Contractors’ Board; and
(d) Maintain accurate records of all service performed and all installations and service agreements made by the firm. These records must be:
(1) Made available for inspection by the State Fire Marshal or his or her authorized representative during normal business hours; and
(2) Saved, either electronically or in paper form, for 10 years from the last service date. 10. A licensee shall:
(a) Upon request from the State Fire Marshal or the authority having jurisdiction, immediately provide the password or any other information necessary to gain full access to any system for the protection from fire which is within the licensee’s possession or control; and
(b) Upon termination of a service agreement with an owner of real property, immediately provide to the owner or his or her representative the password or any other information necessary to gain full access to any system for the protection from fire on or within the property.
11. A holder of a certificate of registration other than a holder of a certificate of registration as a fire performer or an apprentice fire performer must:
(a) Be present at all job sites on which work requiring a license pursuant to this section will be performed; and
(b) Directly supervise any employee that is not a holder of a certificate of registration.
12. A designer of fire sprinkler or alarm systems must:
(a) Hold a valid Level II certification from the National Institute for Certification in Engineering Technologies (NICET), or an equivalent certification; or
(b) Hold a valid license as a professional engineer pursuant to chapter 625 of NRS.
13. A designer of special hazard suppression systems must:
(a) Hold a valid Level II certification from the National Institute for Certification in Engineering Technologies (NICET), or an equivalent certification; or
(b) Hold a valid license as a professional engineer pursuant to chapter 625 of NRS.
14. To obtain further information and copies of materials to receive a Level II certification from the National Institute for Certification in Engineering Technologies, a designer of fire sprinkler systems, alarm systems or special hazard suppression systems may contact the National Institute for Certification in Engineering Technologies by mail at 1420 King Street, Alexandria, Virginia 22314-2794, or by telephone at (888) 476-4238.
[St. Fire Marshal, §§ 1.301-1.304, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 2-17-94; R207-99, 2-7-2000; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.305 Separate licenses; replacement if license or certificate lost or destroyed. (NRS 477.030, 477.033)
1. A separate license is required for each business location.
2. A duplicate license or certificate of registration may be issued to replace a license or certificate which has been lost or destroyed upon the submission of a written statement from the licensee or the registrant to the State Fire Marshal attesting that the license or certificate of registration has been lost or destroyed. The prescribed fee must accompany the written statement for a duplicate license or certificate of registration.
[St. Fire Marshal, §§ 1.406 & 1.407, eff. 11-27-78]
NAC 477.310 Expiration and renewal; change of information; fees; new application if registration expired; late charges; notice of employment or termination. (NRS 477.030)
1. Except as otherwise provided in this chapter and chapter 477 of NRS, all original licenses and certificates of registration expire on December 31 of the year in which they are issued.
2. Application for renewal must be made annually. The application must be accompanied by the appropriate fee. The State Fire Marshal will accept applications for renewal from October 1 through December 31.
3. If an application and the appropriate fee for renewal of a license or certificate of registration is not received by the State Fire Marshal on or before the date specified for renewal, then the firm or registrant holding the license or certificate of registration shall cease to perform those services authorized by the license or certificate of registration.
4. If a certificate of registration has expired and the registrant desires to continue to perform the acts requiring a certificate of registration, the registrant must apply to the State Fire Marshal for an original certificate of registration and pay the full fee for certification. The State Fire Marshal may require the applicant to be retested.
5. Any change of information on the license or certificate of registration must be reported to the State Fire Marshal in writing within 7 days after the change. A new license or certificate of registration will be issued upon notification and payment of the prescribed fee.
6. Initial fees for a new license must be paid in full unless the fees are paid in the final quarter of the licensing year. Initial fees which are paid in the final quarter will be reduced by 50 percent.
7. If a fee for a licensed firm is not paid by the time it is due, a late charge of 12 percent per month will be assessed as an administrative fee for processing. The charge will be assessed beginning at the end of the first business day after the fee is due. A licensed firm may not engage in any work authorized by this chapter or chapter 477 of NRS until the fee is paid.
8. Within 7 calendar days after employing a registrant or a new employee, a licensed firm shall report that fact and the name of the registrant or new employee to the State Fire Marshal. A licensed firm shall report any termination by a registrant within 7 calendar days after the termination.
[St. Fire Marshal, § 1.701, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000; R090-10, 12-30-2011; R077-15, 12-30-2015; R132-18, 2-27-2020)
Examinations
NAC 477.311 Written examinations; consideration of other qualifications. (NRS 477.030) Except as otherwise provided for a certificate for blasting:
1. An applicant for a certificate of registration must pass a written examination. The applicant must receive a passing score of at least 75 percent on each part taken.
2. Licensure by another state, or other training and certification recognized by the State Fire Marshal, may be considered in evaluating an applicant’s qualifications.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.312 Basis of examinations. (NRS 477.030) The examinations administered by the State Fire Marshal are based on this chapter and the National Fire Codes published by the N.F.P.A.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.3125 Examinations for installer of medical gas systems. (NRS 477.030) To receive a certificate of registration for an installer of medical gas systems from the State Fire Marshal, an applicant must submit proof that he or she has passed:
1. A national examination relating to the installation and maintenance of medical gas systems; and
2. Any applicable examination required by the State Fire Marshal pursuant to this chapter and chapter 477 of NRS
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000; A by R090-10, 12-30-2011)
NAC 477.313 Scheduling; failure; testing for higher classification; cheating. (NRS 477.030)
1. The State Fire Marshal will schedule the various examinations so that an applicant may take his or her examination within 90 days after the date of his or her application. Examinations will be conducted at the State Fire Marshal’s Office in Carson City during business hours with an appointment. Examinations for certificates of registration will also be conducted by appointment in Las Vegas. The State Fire Marshal may also conduct examinations for certificates of registration in additional locations within the State if he or she determines that there is sufficient demand for the additional locations. No appointment for an examination will be made until the applicant submits all required documentation to the State Fire Marshal’s Office in Carson City.
2. An applicant who fails the examination or a part of the examination must wait 15 calendar days after the date of the examination and pay the fee for retaking an examination set forth in NAC 477.325 before taking the test, or the failed part of the test, again. A person may not take the test for the same class of license more than three times in 1 calendar year.
3. An applicant who already has a certificate in one classification may apply for licensing or registration in a higher classification and, upon payment of the prescribed fee, will be tested only on that part of the examination pertaining to the higher classification.
4. An applicant shall not engage in cheating activities relating to an examination, including, without limitation:
(a) Copying answers from the test of another applicant;
(b) Using restricted materials, including, without limitation, answers to test questions;
(c) Offering to sell or distribute, or selling and distributing, test answers or questions; or
(d) Assisting others to engage in cheating activities.
5. The State Fire Marshal may revoke any certificate of registration if he or she determines that the applicant engaged in any cheating activities proscribed by subsection 4. If it is determined that the licensed firm of the applicant assisted the applicant in cheating activities, the State Fire Marshal will revoke the license of the firm.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015)
Certification
NAC 477.314 General requirements for courses, applications, instructors and fees. (NRS 477.030)
1. The State Fire Marshal may issue a certification to a person who successfully completes a specialized training course which has been:
(a) Developed by the State Fire Marshal;
(b) Developed and given by the National Fire Academy; or
(c) Approved and recognized by the State Fire Marshal.
2. If the State Fire Marshal issues a certification pursuant to subsection 1, the State Fire Marshal will issue the certification pursuant to the requirements in Nevada Fire Service Professional Qualifications.
3. The person must apply for certification in accordance with the provisions of this chapter and the applicable national guidelines adopted pursuant to this chapter.
4. An instructor for a course must be accredited by the State Fire Marshal before the instructor may instruct the course.
5. The State Fire Marshal may charge for certification a reasonable fee pursuant to the provisions of this chapter plus the actual cost expended to evaluate the course.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R132-18, 2-27-2020)
NAC 477.3142 Approval of proposed courses: Application; evaluation; fee for evaluation; addition to list of approved courses. (NRS 477.030)
1. A person who requests certification must submit an application for the approval of the proposed course which includes:
(a) An outline of the course and a list of reference materials to be used in the course. At least 85 percent of the course must refer to material which is approved and recognized by the State Fire Marshal, including, without limitation, information provided pursuant to NAC 477.3146.
(b) A manual or handout to be used by the students in the course.
(c) A manual to be used by the instructor of the course.
(d) A list of visual aids to be used in the course.
2. The State Fire Marshal will evaluate the proposed course within 45 days after receiving an application for certification and determine whether to certify the course.
3. The State Fire Marshal may charge the person requesting certification of a course pursuant to this section the actual cost of evaluating the course.
4. If a course is approved and the applicable fees are collected, the State Fire Marshal will add the course to the list of training courses which are approved by him or her.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R132-18, 2-27-2020)
NAC 477.3144 Qualifications of instructors; written evaluations; revocation of accreditation. (NRS 477.030)
1. A course which has been certified by the State Fire Marshal must be taught by an accredited instructor.
2. To be an accredited instructor, a person must:
(a) Be recognized by the State Fire Marshal Division as being qualified to be an instructor;
(b) Be currently employed as an instructor of fire science or fire technology within the Nevada System of Higher Education;
(c) Have completed a development course for instructors offered by the State Fire Marshal Division;
(d) Have at least 4 semester units of upper division credit in educational materials, methods and curriculum development; or
(e) Possess a teaching credential or proof of successful completion of instructional course work from another state or agency, if that credential or proof is approved by the State Fire Marshal.
3. Students participating in a certified course shall complete written evaluations on the instructor of the course. The State Fire Marshal will review the written evaluations to ensure the quality of instruction. The State Fire Marshal, or the representative of the State Fire Marshal, may observe a course to assist in the evaluation of the course or its instructor.
4. The State Fire Marshal may revoke the accreditation of an instructor if the State Fire Marshal determines that such action is appropriate.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000)
NAC 477.3146 Courses not offered through state training program: Application; fee for evaluation. (NRS 477.030)
1. The State Fire Marshal may issue a certification to a person for training received from a course which is not offered through the state training program if that course meets or exceeds the standards of the State Fire Marshal and the national standards.
2. The person must apply for certification on a form provided by the State Fire Marshal. The person must provide all of the information necessary to demonstrate that the training course meets or exceeds the standards established by the State Fire Marshal and the national standards.
3. In addition to any fee charged pursuant to NAC 477.325, the State Fire Marshal may charge a reasonable fee for performing the evaluation of a course.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R132-18, 2-27-2020)
NAC 477.3148 Training given by training officer of fire department; qualifications of training officer; requirements of syllabus and curriculum. (NRS 477.030)
1. The State Fire Marshal may issue a certificate to each person who completes training given by a training officer of a fire department if the training officer or fire department:
(a) Completes a form specified by the State Fire Marshal which includes the numbers of hours of training given, the name of the person who received the training and a description of the training; and
(b) Timely delivers the completed form to the State Fire Marshal Division.
2. Any training given by a fire department which leads to certification pursuant to subsection 1 must have a:
(a) Training officer:
(1) Who is certified in the training given; and
(2) Of an appropriate level listed and approved by the State Fire Marshal Division;
(b) Class syllabus; and
(c) Curriculum that meets or exceeds the national standards.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R132-18, 2-27-2020)
Permit to Store Hazardous Material
NAC 477.323 Permit required; issuance, expiration and renewal; suspension and reinstatement; revocation; fees; late charge; criminal investigation; plan for termination. (NRS 477.030, 477.031, 477.045)
1. A person shall not store a hazardous material in excess of the amount set forth in the International Fire Code, 2018 edition, as adopted by reference pursuant to NAC 477.281, unless he or she has been issued an operational permit by the State Fire Marshal to store that material. A permit must be renewed annually.
2. Permits may be revoked or suspended when, after investigation, the State Fire Marshal determines that:
(a) The permit is being used by a person other than the person to whom it was issued.
(b) The permit is being used for a location other than that for which it was issued.
(c) Any of the conditions or limitations set forth in the permit have been violated.
(d) The holder of the permit has failed, refused or neglected to comply with any order or notice served upon him or her under the provisions of this chapter within the time provided therein.
(e) A false statement or misrepresentation as to a material fact was made in the application for the permit or the plans on which the permit was based.
3. The State Fire Marshal may suspend or revoke any permit if an inspection or investigation reveals a hazardous condition that endangers the safety of any person, or if the holder of the permit is not in compliance with this section. The State Fire Marshal may reinstate a suspended permit after the holder of the permit has paid the annual fee and corrected all deficiencies identified. A permit that has been revoked will not be reissued. A suspension will not exceed 24 months, after which the permit will be reissued or revoked.
4. A permit may be issued to store, transport on-site, dispense, use or handle hazardous materials in excess of the amount listed in the International Fire Code, 2018 edition, section 105.6.20, for a fee of $150.
5. The State Fire Marshal will issue an operational permit for the manufacture, storage, sale and handling of explosives, blasting agents or fireworks for a fee of $1,100 and, in addition thereto, may charge a fee of $110 for each building or structure at the facility and an amount equal to the actual expenses incurred for travel, salaries and administrative expenses.
6. The $60 surcharge required by NRS 477.045 will be collected on all permits to store hazardous materials, in addition to any other fees.
7. A permit expires on March 1 of each year and must be renewed annually on or before March 1 by paying the appropriate fee. If a fee for a permit is not paid by the time it is due, a late charge of 12 percent per month will be assessed as an administrative fee for processing. The charge will be assessed beginning at the end of the first business day after the fee is due. A holder of a permit may not engage in any work authorized by this chapter or chapter 477 of NRS until the fee is paid.
8. Revocation or suspension of a permit does not preclude the State Fire Marshal from proceeding with a criminal investigation. Evidence from a criminal investigation may be used as evidence in an administrative hearing for the revocation or suspension of a permit.
9. If a holder of a permit or an applicant for a permit intends to terminate the storage, dispensing, handling or use of hazardous materials at a facility, the holder or applicant must submit a plan to the State Fire Marshal outlining the proposed termination of the storage, dispensing, handling or use of the hazardous materials at least 30 days before the date on which the facility is to be closed. The plan must demonstrate that the reported quantities of materials have been or will be transported, disposed of or removed in a manner that presents no hazardous conditions to any person or property.
10. If a person is required to report hazardous materials to the State Emergency Response Commission, the person must obtain a permit from the State Fire Marshal for such hazardous materials.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 5-18-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
Miscellaneous Provisions
NAC 477.325 Fees; exemptions; effect of certificate; refunds. (NRS 477.030, 477.031, 477.033)
1. Except as otherwise provided in this chapter, the schedule of fees for:
(a) A license to install or maintain portable fire extinguishers and fixed systems and a blaster’s certificate of registration is as follows:
|
(1) Type A for full service of portable fire extinguishers...................................... |
$528 |
|
(2) Type B for portable fire extinguishers without hydrostatic service................. |
429 |
|
(3) Type B-C or B-D for Type B with hydrostatic service (C is low pressure, D is high pressure hydro)................................................................................................. |
450 |
|
(4) Type E for fixed fire extinguishing systems: |
|
|
(I) E-1 for pre-engineered systems................................................................... |
165 |
|
(II) E-2 for all other engineered systems.......................................................... |
165 |
|
(III) Both E-1 and E-2....................................................................................... |
330 |
|
(5) Type F for fire alarm........................................................................................ |
528 |
|
(6) Type G for automatic sprinkler systems, except those covered by N.F.P.A. Standards 13D and 13R, 2016 editions............................................................. |
528 |
|
(7) Type G-U for all underground private fire service mains and their appurtenances................................................................................................................... |
297 |
|
(8) Type G-U for private hydrant repair, installation and maintenance................ |
297 |
|
(9) Type G-U for the testing of backflow devices................................................. |
297 |
|
(10) Type H for hood and duct cleaning................................................................ |
528 |
|
(11) Type I for standpipe systems......................................................................... |
528 |
|
(12) Type J for systems classified pursuant to N.F.P.A. Standards 13D and 13R, 2016 editions............................................................................................................ |
528 |
|
(13) A new blaster’s certificate of registration...................................................... |
66 |
|
(14) Annual renewal of a blaster’s certificate........................................................ |
66 |
|
(15) Type MG license to install medical gas systems........................................... |
297 |
|
(16) Type EWD (Early Warning Device) license to sell or install heat detectors........................................................................................................................... |
132 |
|
(b) A new certificate of registration (each class)....................................................... |
85 |
|
(c) Renewal of a certificate of registration................................................................. |
40 |
|
(d) Issuance of a duplicate license or certificate........................................................ |
14 |
|
(e) Change of information on a certificate or license................................................. |
14 |
|
(f) An annual license for the sale at retail of all types of fire extinguishers.............. |
31 |
|
(g) Retaking an examination or any part of an examination...................................... |
25 |
|
(h) A certificate of registration and license for codes and regulations in interior design............................................................................................................................... |
120 |
|
(i) Renewal of a certificate of registration and license for codes and regulations in interior design............................................................................................ |
56 |
2. The fees for a license do not apply to this State or its political subdivisions. The fees for certificates of registration apply in all cases. A certificate of registration operates as a license for a person to perform a specific job for a company licensed pursuant to this chapter and chapter 477 of NRS.
3. The State Fire Marshal will refund the fee for a license, less an administrative fee of $38.50, if a written request for a refund, stating that the licensee has not, after being licensed, engaged in any of the activities for which the license is issued, is received by the State Fire Marshal within 30 days after the date of the issuance of the license.
4. The following fees are established for the administrative and regulatory services of the State Fire Marshal Division:
(a) All copy service will be at the rate of 50 cents for each page.
(b) Fees for investigative services are as follows:
(1) For expert testimony rendered by the Division in a civil proceeding, the fee of $110 for each hour of testimony or research will be charged.
(2) The actual costs for an investigation must be paid by the person investigated if the person is found guilty.
(3) Investigative and hearing costs must be paid by the person investigated, if the hearing officer finds in favor of the State Fire Marshal.
(c) The fee for the issuance of a license or certificate of compliance is $22. The State Fire Marshal will issue a certificate of compliance:
(1) Annually for a licensed facility; or
(2) For a facility which is not licensed, annually after an inspection and the removal of deficiencies, if any.
(d) The State Fire Marshal may charge a fee for any other inspection services. The rate for this fee is $38.50 per hour or any fraction thereof. The first inspection may be conducted at no charge. A fee for subsequent reinspections will be charged for the actual cost of travel, salaries and administrative expenses in addition to the inspection fee.
(e) The State Fire Marshal may charge a fee for the following services based on an hourly cost sufficient to cover the salaries and administrative expenses for:
(1) Inspections outside of normal business hours.
(2) Requests for an immediate review of plans to expedite a project. The State Fire Marshal will calculate the hourly costs based on the average amount the State Fire Marshal pays for the position of employment which is applicable to the service being provided, including, without limitation, inspectors and plan checkers.
(3) Additional reviews of plans or specifications required by changes, additions or alterations to the plans or specifications.
(4) Reviews of requests to use alternate materials, designs, methods of construction or equipment.
(f) The fee for witnessing any test for acceptance is $22 for each test requiring a separate fee for certification.
(g) A fee may be charged for the costs associated with providing training programs. The State Fire Marshal may waive this fee if a reasonable justification for doing so is provided.
(h) Instructional supplies and materials will be supplied at the approximate cost of providing them.
(i) Fees for instructors are $55.30 per hour, or as set by contract for specific classes, plus per diem and travel expenses.
(j) Any additional costs for service will be added, as well as an administrative fee of 5.5 percent of the total cost of each program.
(k) Costs of certification are based upon hours of training, but will not exceed $50. Fees will be charged for any certification other than:
(1) Initial firefighter certification I and II for a member of a volunteer fire department; or
(2) Certification for hazardous materials awareness and operations for all first responders for a governmental agency.
(l) Additional fees equal to those charged for initial testing will be charged for retesting those who fail.
(m) The State Fire Marshal will not collect fees pursuant to this section from a person if a third party, such as the employer of the person, pays that fee.
(n) Any service provided by the State Fire Marshal Division may be billed at the rate of $38.50 per hour or the actual cost of providing the service, whichever is greater.
(o) Any service performed by a special deputy on behalf of the State Fire Marshal may be billed, pursuant to an interagency agreement, at the rate of $38.50 per hour, the actual cost of providing the service or any other rate specified by this chapter. The State Fire Marshal may allow such fees or any part thereof to be collected and used by the agency supporting the special deputy.
(p) Approval for equipment or materials which are not on a list published by a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation will be issued annually for a fee of $610 per product, $38.50 per hour of research and actual expenses incurred in evaluating the product. If a product or material is not approved, there will be charged a fee of $38.50 per hour of research and actual expenses incurred in evaluating the product, except that the minimum fee is $184. Approval of a product lapses if the:
(1) Product is modified;
(2) Name of the product or person manufacturing the product is changed;
(3) Ownership of the company is changed;
(4) Use of the product is changed; or
(5) Annual fee is not paid.
(q) Requests for statistical information received before the publication of the annual report will be supplied as available. The administrative cost to receive such statistical information will be calculated and assessed in accordance with this section.
5. The State Fire Marshal may establish a fee for supplying copies of the annual report to persons and agencies other than fire, legislative and state agencies. The fee will be limited to the actual cost of the publication and distribution of the report, plus an administrative fee of $38.50.
6. The State Fire Marshal may refund all or part of any fee if he or she deems it appropriate. To be eligible for a training refund, a registrant must give not less than 72 hours’ notice before removing his or her name from the registration list. The State Fire Marshal may require the registrant to provide written documentation of the notice.
7. For a plan review, the State Fire Marshal will collect a fee in accordance with section 109 of the International Building Code, 2018 edition.
[St. Fire Marshal, §§ 1.601 & 1.602, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; 5-18-94; R207-99, 2-7-2000; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.330 Maintenance and availability of records; change of location; agreements for services relating to hydrostatic testing. (NRS 477.030)
1. A licensee shall maintain accurate records of all service performed by the licensee and all installations and service agreements made by him or her. These records must be made available for inspection by the State Fire Marshal or the representatives of the State Fire Marshal during the normal hours of business of the licensee.
2. The State Fire Marshal will keep a list of the names, addresses and numbers of the licenses of all licensees. The record of all numbers will be available for inspection.
3. Any change of location of a licensee must be reported to the Office of the State Fire Marshal, in writing, within 7 calendar days after the change. A new license will be issued upon notification and payment of the prescribed fee.
4. A licensee shall provide to the State Fire Marshal with the initial application for a license and with each application for renewal of a license a copy of at least one agreement between the licensee and a company that has hydrostatic testing facilities approved by the United States Department of Transportation and soft shell hydrostatic testing facilities not required to be approved by the United States Department of Transportation, pursuant to which the company with the hydrostatic testing facilities will provide services relating to hydrostatic testing to the licensee. If the agreement is cancelled or otherwise terminated, the licensee shall forthwith notify the State Fire Marshal of the cancellation or termination of the agreement.
[St. Fire Marshal, §§ 1.801-1.803, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
INTERIOR DESIGN
NAC 477.333 Issuance of certificate and license. (NRS 477.030, 477.032) The State Fire Marshal will, in accordance with NRS 477.032, issue a certificate of registration and license for codes and regulations in interior design, including, without limitation, furniture, fixture and equipment interior design, to a person who successfully completes a specialized training course that has been approved by the State Fire Marshal.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.3332 Approval of proposed courses: Application; evaluation; fees and costs; addition to list of approved courses. (NRS 477.030, 477.032)
1. To have a course in codes and regulations approved by the State Fire Marshal, a request must be submitted to the State Fire Marshal with an application for the approval of the proposed course. The application must contain:
(a) An outline of the course and a list of reference materials to be used. At least 85 percent of the course must refer to the fire codes, building codes and applicable regulations adopted by the State Fire Marshal.
(b) A copy of any syllabus, manual and handouts to be used by the instructor and students in the course.
(c) A copy of the final exam that will be used, to be approved by the State Fire Marshal.
(d) A copy of the transcript, certificate of completion or other proof of successful completion that will be awarded to students who successfully complete the course.
2. The State Fire Marshal will evaluate the proposed course and final examination within 20 days after the date on which he or she receives the application for approval and determine whether to approve the course. An instructor shall not use a final examination for the course if the final examination has not been approved by the State Fire Marshal.
3. The State Fire Marshal may charge:
(a) A fee for requesting approval for a course pursuant to this section; and
(b) The actual costs incurred by the State Fire Marshal in evaluating the course.
4. If a course is approved and the applicable fees have been submitted, the State Fire Marshal will add the course to the list of approved courses for the registration of interior designers pursuant to NRS 477.032.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.3334 Qualifications of instructors; written evaluations; revocation of approval. (NRS 477.030, 477.032)
1. A course in codes and regulations approved by the State Fire Marshal must be taught by an instructor who has been approved by the State Fire Marshal.
2. To obtain the approval of the State Fire Marshal, an instructor must:
(a) Be recognized by the State Fire Marshal Division as being qualified to be an instructor;
(b) Be currently employed as an instructor within the Nevada System of Higher Education; or
(c) Possess a teaching credential or proof of successful completion of instructional course work relating to interior design for fire and building codes from another state or agency, if that credential or proof is approved by the State Fire Marshal for interior design for fire and building codes.
3. A student who participates in an approved course must complete a written evaluation of the instructor of the course. The State Fire Marshal will review the written evaluations to ensure the quality of instruction provided by the instructor. The State Fire Marshal, or the representative of the State Fire Marshal, may observe a course to assist in the evaluation by the State Fire Marshal of the course or its instructor, or of both the course and instructor.
4. The State Fire Marshal may revoke his or her approval of an instructor if the State Fire Marshal determines that such a revocation is appropriate.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011)
NAC 477.3336 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee. (NRS 477.030, 477.032)
1. The State Fire Marshal will issue a certificate of registration and license for codes and regulations in interior design to a person who has received training from a course in codes and regulations which has not been approved by the State Fire Marshal if the course meets or exceeds the standards established by the State Fire Marshal for such a course.
2. Such a person must apply for a certificate of registration and license for codes and regulations in interior design on a form provided by the State Fire Marshal. The person must provide all the information necessary to demonstrate that the course in codes and regulations meets or exceeds the standards established by the State Fire Marshal for such a course.
3. In addition to any other fee that may be assessed pursuant to NAC 477.325, the State Fire Marshal may charge a reasonable fee for evaluating a course that had not been previously listed by the State Fire Marshal as an approved course and for which approval is requested.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.3338 Determination of compliance with codes; fee. (NRS 477.030, 477.032) For each project in interior design by a holder of a certificate of registration and license for codes and regulations in interior design, the holder shall submit to the authority having jurisdiction a plan that lists the types and uses of interior materials and furnishings which the holder will be using in the project of interior design, so that the authority having jurisdiction can determine whether the materials, furnishings and plan comply with the codes. The authority having jurisdiction may charge a reasonable fee for making such a determination.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004)
FIRE SYSTEMS
General Provisions
NAC 477.335 Inspections. (NRS 477.030)
1. All pre-engineered or engineered fixed fire extinguishing systems, fire alarm systems, standpipe systems, sprinkler systems, fire extinguishers, fixed hood systems, fire hydrants and underground fire sprinkler systems, and any appurtenance thereof, must be:
(a) Inspected as required by the appropriate adopted standards as published by the N.F.P.A., including, without limitation, in accordance with the schedules required by those adopted standards. The inspections must be conducted by a person licensed or certified by the State Fire Marshal to conduct such inspections.
(b) Visually inspected on a quarterly basis. The visual inspections may be conducted by any person, including an employee of a firm, who, in the opinion of the authority having jurisdiction, has sufficient knowledge of the system to conduct a visual inspection and who will maintain an accurate record of such inspections of the system in the designated place for each system.
2. The authority having jurisdiction may visually inspect a fire protection system at any time. All work must comply with the standards adopted for the system being installed. The methods or equipment used in the installation must not vary from those required by the plans pursuant to which the fire protection system is being installed and the applicable standard for that fire protection system.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015)
Regulation of Persons Engaged in Business Related to Fire Systems
NAC 477.340 Scope; applicability. (NRS 477.030, 477.033)
1. The provisions of NAC 477.340 to 477.370, inclusive, prescribe the requirements for the licensing of persons engaged in the sale, leasing, installation or servicing of fire systems and components of fire systems.
2. The provisions of NAC 477.340 to 477.370, inclusive, apply to all:
(a) Persons within or conducting business within the State unless specifically excepted; and
(b) Fire systems and components installed within the State after November 27, 1978.
[St. Fire Marshal, §§ 3.101-3.102, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.345 Licenses: Requirements; classifications; application; fee; annual report of registrants employed by firm. (NRS 477.030, 477.033)
1. Any firm that holds a license to service or install any fire alarm system, standpipe system, residential sprinkler system, automatic sprinkler system or any other type of extinguishing system must be properly equipped and shall employ personnel who are qualified to install and perform service on fire alarm systems, standpipe systems, assemblies for the prevention of backflow, residential sprinkler systems, automatic sprinkler systems, fire hydrants and underground fire sprinkler systems, and any appurtenance thereof, and must possess a state contractor’s license which is pertinent to the work being performed. Licenses will be issued in five basic classifications:
(a) Type E: Authorizes the holder to design the placement of, install, maintain and service engineered or pre-engineered fixed fire extinguishing systems.
(b) Type F: Authorizes the holder to design the placement of, install, maintain and service fire alarm systems.
(c) Type G: Authorizes the holder to design the placement of, install, maintain and service automatic sprinkler systems.
(d) Type I: Authorizes the holder to design the placement of, install, maintain and service fire standpipe systems.
(e) Type J: Authorizes the holder to design the placement of, install, maintain and service residential sprinkler systems which are classified as systems pursuant to N.F.P.A. Standards 13D or 13R, 2016 editions.
2. Each application must be accompanied by the required fee and contain the following information:
(a) The name, address and telephone number of the firm.
(b) Fictitious name used, if any.
(c) The type of work performed.
(d) The business identification number or other unique identification number assigned to the firm by the Secretary of State.
(e) Other pertinent information required by the State Fire Marshal.
3. Any firm that holds a license shall report, in writing, to the State Fire Marshal on or before December 31 of each year the name and certificate number of each registrant employed by the firm.
[St. Fire Marshal, §§ 1.501-1.504, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 2-17-94; R220-99, 9-25-2000; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.346 Installation, maintenance and service of certain fire systems and supervision thereof: Requirements. (NRS 477.030)
1. No person may:
(a) Supervise the installation, maintenance or service of a system described in NAC 477.345; or
(b) Install, maintain or service a system described in NAC 477.345,
Ê unless the person has a certificate of registration issued by the State Fire Marshal and is employed by a licensee, including exempt and restricted licenses.
2. All work performed under the licensing requirements of this chapter must be supervised on-site, whenever work is being performed on a system, by a holder of a certificate of registration. A certificate of registration is not transferable and may not be issued to anyone who has not attained the age of 18 years. The certificate of registration must be in the possession of the registrant when he or she is performing the duties allowed. A person must obtain a certificate of registration before the person may service and test devices regulated by pressure to prevent backflow.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; 2-17-94; R090-10, 12-30-2011)
NAC 477.3465 Sale, installation, repair, restoration and testing for maintenance of heat detectors: Requirements. (NRS 477.030)
1. A firm that wishes to engage in the sale, installation, repair, restoration or testing for maintenance of heat detectors which will be used as devices for the early warning of fires must possess a license issued by the State Fire Marshal.
2. Each applicant for such a license must:
(a) Provide a certification from a manufacturer of the type of heat detector to be used by the applicant or firm engaged in the sale of the heat detector that the applicant has received instruction and training in the installation, repair, testing and inspection of the heat detector to be used by the applicant.
(b) Possess a certificate of registration issued by the State Fire Marshal.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000; A by R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.348 Installation, repair, restoration and testing for maintenance of fire systems: Requirements. (NRS 477.030) A person who desires to engage in the installation, repair, restoration or testing for maintenance of a fire system must possess a certificate issued by the State Fire Marshal. The applicant must take and pass a written examination and pay the appropriate fee.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R123-13, 1-16-2015)
NAC 477.349 Notification of discontinuance of service. (NRS 477.030) A licensed company that is providing service relating to the installation or maintenance of a fire system, or both the installation and maintenance of a fire system, shall give 30-days’ written notice to the owner, the occupant, the authority having jurisdiction and the State Fire Marshal before the licensed company discontinues service to the owner or occupant, as appropriate.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.350 Approval of equipment; compliance with standards; smoke alarms. (NRS 477.030)
1. No fire system, device or component of any fire system may be sold, leased or installed in this State unless it is approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global or any other testing laboratory approved by the State Fire Marshal as being qualified to test such systems or devices or, if an approved listing from a testing laboratory is not available for a system, device or a component, by the State Fire Marshal on the basis of a practical test or examination and payment of the required fee by the person who is requesting approval of the system, device or component by the State Fire Marshal.
2. In addition to other provisions of NAC 477.340 to 477.370, inclusive, fire systems must comply with:
(a) The standards published by the N.F.P.A. and the International Code Council; and
(b) The requirements set forth in chapter 445A of NAC.
3. Where smoke detectors are required by any statute, regulation or ordinance, evidence of approval must be furnished to the purchaser at the time of purchase or delivery. The evidence must be a listing or label from one of the approved laboratories.
4. All new structures built for residential purposes which are not otherwise required by any statute, regulation or ordinance to be equipped with smoke alarms or other fire systems must be equipped with smoke alarms that have been approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global or any other testing laboratory approved by the authority having jurisdiction as being qualified to test smoke alarms. Such smoke alarms must be installed in accordance with the manufacturer’s recommendations and must be located in accordance with the applicable codes or standards adopted by the State Fire Marshal.
[St. Fire Marshal, §§ 3.201-3.204, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R132-18, 2-27-2020)
NAC 477.365 Fire alarm systems: Evidence of capability to provide service; agreement for maintenance; notification of discontinuance of service; plans and specifications; level of sound. (NRS 477.030)
1. The distributor or installer of a fire alarm system must submit evidence of his or her capability to provide for any needed repair and restoration of the system within 24 hours after being notified of a fire or fault in the system. The evidence of that capability is subject to approval by the State Fire Marshal and must include a showing that the distributor or installer has:
(a) The necessary equipment and qualified personnel to perform the service;
(b) Provided a letter to the State Fire Marshal stating that the distributor or installer is capable of responding to and initiating repairs of a fire alarm system within 24 hours after being notified that the system requires service; and
(c) A valid license issued by the State Contractors’ Board.
2. Where fire alarm systems are installed, a satisfactory agreement for the maintenance of the system must be provided. A licensed company shall give a 30-day notice to the owner, the occupant and the authority having jurisdiction before the company may discontinue service to the owner and the occupant. All systems must be under the supervision of qualified persons. These persons shall have proper tests and inspections made at prescribed intervals and have general charge of all alterations and additions to the systems under their supervision. A copy of the maintenance agreement, along with proof that the firm or company which will provide the maintenance is adequately covered by liability insurance, must be submitted by the firm or company to the local fire department having jurisdiction and the State Fire Marshal.
3. Detailed plans of alarm systems must be submitted to the authority having jurisdiction. The specifications must state that the installation will conform to applicable standards and meet the approval of the authority having jurisdiction. The specifications must include the specific tests which may be required to meet the approval of the authority having jurisdiction. Plans must be drawn to an indicated scale or be suitably dimensioned and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to and approved by the authority having jurisdiction before the system may be installed. Where field conditions necessitate any substantial change from the approved plan, the corrected plan showing the system as actually installed must be submitted to the authority having jurisdiction. Plans must be on the job site at all times when work is being performed pursuant to that plan at that site.
4. All areas in a high-rise building protected by a fire alarm system and all areas protected by a fire alarm system must be provided with sufficient notification devices to achieve 80 decibels of sound at any occupied space within the area protected. All other occupancies must have an alarm system or systems which produce a sound that exceeds the prevailing equivalent sound level in the room or space by 15 decibels, or exceeds any maximum sound level with a duration of at least 30 seconds by at least 5 decibels, whichever is louder. The level of sound for the alarm signal must not exceed 120 decibels.
[St. Fire Marshal, §§ 3.301-3.304, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.370 Tags for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency. (NRS 477.030)
1. A tag for recording the installation, maintenance and inspection of a fire alarm system must be at least 4 inches long and 2 inches wide and must be in the following form:
2. The tag must be attached to the system by the last person to work on the system for any purpose. The tag must be punched in an approved manner to indicate the type of service performed on the system and the date. The tag must be signed with a legible signature by the holder of a certificate of registration who directly supervises the work, and such information must remain permanently on the tag. A number stamp or date stamp must not be used on the tag.
3. A tag must be attached to the system at the conclusion of the successful testing of the system immediately after its installation.
4. The tag must be printed by a printing company and include the following information:
(a) The date when the system was last serviced;
(b) The name, address and telephone number of the company;
(c) The number of the license issued by the State Fire Marshal; and
(d) The name and certificate number of the person who last serviced the system.
5. If the system remains impaired and the licensee does not have the authority to correct the impairment, the word “impairment” must be written across the tag in black letters that are bold. The licensee shall notify the property owner and the authority having jurisdiction of the impairment in writing not later than the next business day after completing the work. The tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
6. If a deficiency is discovered in the system, the licensee shall notify the property owner of the deficiency in writing. The word “deficiency” must be written across the tag in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving the notice of deficiency, the licensee shall submit the notice of deficiency to a fire code official within 2 business days after the 30 calendar days expire. The tag with the word “deficiency” must be at least 4 inches long and 2 inches wide and must be in the following form:
[St. Fire Marshal, § 3.305, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R090-10, 12-30-2011; R132-18, 2-27-2020)
PORTABLE FIRE EXTINGUISHERS AND FIXED FIRE EXTINGUISHING SYSTEMS
General Provisions
NAC 477.380 Applicability. (NRS 477.030, 477.033) The provisions of NAC 477.380 to 477.435, inclusive, do not apply to:
1. The filling or charging of a portable fire extinguisher before its initial sale by its manufacturer.
2. A person who maintains only his or her own portable fire extinguishers for his or her own use and has facilities adequate for the purpose. This subsection does not apply if the fire extinguishers are required by any statute, regulation or ordinance, in which case the person maintaining the extinguishers must possess a certificate of registration.
[St. Fire Marshal, §§ 1.409, 2.101 & 2.102, eff. 11-27-78]—(NAC A 1-19-84)
Regulation of Persons Engaged in Business Related to Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
NAC 477.385 Licenses: Qualifications of licensee; classifications. (NRS 477.030, 477.033)
1. A firm that is licensed to install or maintain a portable fire extinguisher or fixed fire extinguishing system or sell at retail or provide as a part of other sales at retail a portable fire extinguisher or fixed fire extinguishing system for use within this State:
(a) Must be properly equipped and qualified to perform the service authorized by the type of license issued;
(b) Must provide a shop or a vehicle as a place of business, properly equipped and subject to inspection by the authority having jurisdiction; and
(c) If the firm is engaged in the installation or maintenance of fixed fire extinguishing systems, must possess a state contractor’s license appropriate to the work performed as issued by the State Contractors’ Board.
2. Any advertisement that the services of selling, installing, charging or testing or other maintenance of portable fire extinguishers or fixed fire extinguishing systems are available constitutes prima facie evidence that the premises, business, building, room or establishment in or upon which the advertisement appears or to which it refers is a separate location for business.
3. Licenses are classified and defined as follows:
(a) License for a public agency - Any type of license which is issued to the State or any of its agencies or political subdivisions for work to be performed by the State or that agency or political subdivision upon its own properties and for its own use. All requirements set forth in NAC 477.300 to 477.435, inclusive, except the requirement for a license issued by the State Contractors’ Board, must be met.
(b) Restricted license - A license which authorizes the holder to perform work covered by the license only upon his or her own properties and for his or her own use. All fees must be paid. Unless otherwise exempted, a valid license issued by the State Contractors’ Board is required.
(c) License - A license which is required by NRS 477.033 but is issued to a business and is not restricted.
4. Licenses for the sale at retail of portable fire extinguishers must conform to N.F.P.A. Standard 10, 2018 edition, and meet the requirements for testing and listing of a nationally recognized testing laboratory.
[St. Fire Marshal, §§ 1.401 & 1.402, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.390 Declaration of qualification. (NRS 477.030, 477.033)
1. In addition to the requirements set forth in NAC 477.385, any person who desires to engage in the installation, maintenance or inspection of an engineered or pre-engineered fixed extinguishing system must be declared qualified to perform such act or acts by the State Fire Marshal.
2. The State Fire Marshal will declare a person to be qualified if the person provides a certification from a manufacturer of fixed extinguishing systems that he or she has received instruction and training in the installation, maintenance and inspection of fixed extinguishing systems and the person passes a written examination for a certificate of registration.
[St. Fire Marshal, § 1.403, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.395 Licenses and certificates: Application; fee; examination. (NRS 477.030, 477.033)
1. Application for a license or a certificate of registration must be made on forms prescribed by the State Fire Marshal.
2. Each application must be accompanied by the required fee and contain the following information:
(a) The name, address and telephone number of the applicant.
(b) Fictitious names used, if any.
(c) Proof of insurance.
(d) The type of work performed.
(e) The business identification number or other unique identification number assigned to the applicant by the Secretary of State, if any.
(f) Other pertinent information required by the State Fire Marshal.
3. Upon passage of the written examination and any required practical tests or demonstrations, a certificate of registration endorsed with the type of qualification will be issued to each qualified person.
4. Information needed to pass the examination on portable fire extinguishers is found in:
(a) N.F.P.A. Standard 10, 2018 edition, “Standard for Portable Fire Extinguishers”; and
(b) NAC 477.380 to 477.435, inclusive.
5. Information needed to pass the examination on fixed fire extinguishing systems is found in:
(a) N.F.P.A. Standard 12, 2015 edition, “Standard on Carbon Dioxide Extinguishing Systems”;
(b) N.F.P.A. Standard 12A, 2015 edition, “Standard on Halon 1301 Fire Extinguishing Systems”;
(c) N.F.P.A. Standard 17, 2017 edition, “Standard for Dry Chemical Extinguishing Systems”;
(d) N.F.P.A. Standard 17A, 2017 edition, “Standard for Wet Chemical Extinguishing Systems”;
(e) N.F.P.A. Standard 96, 2017 edition, “Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations”; and
(f) N.F.P.A. Standard 2001, 2015 edition, “Standard on Clean Agent Fire Extinguishing Systems.”
[St. Fire Marshal, §§ 1.410-1.413, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.400 New employees; termination of employment; change of address; annual report of registrants employed by firm. (NRS 477.030, 477.033)
1. The provisions of NAC 477.385 do not prohibit new employees of a licensed firm from performing service on portable fire extinguishers or fixed fire extinguishing systems if the servicing is performed in the presence and under the direct supervision of a registrant.
2. Within 7 calendar days after employing a registrant or new employee who performs service on portable fire extinguishers or fixed fire extinguishing systems, a licensed firm must report to the State Fire Marshal the name, address and certificate number of the registrant or the name and address of the new employee.
3. A licensed firm shall report any termination of employment by a registrant within 7 calendar days. A registrant shall report any change in his or her address by written notice to the State Fire Marshal within 7 calendar days after the change. The State Fire Marshal will issue a new certificate of registration to the registrant upon receipt of the written notice and the payment of the required fees.
4. A licensed firm shall report, in writing, to the State Fire Marshal on or before December 31 of each year the name and certificate number of each registrant employed by the firm.
[St. Fire Marshal, § 1.404, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.405 Approval of equipment; prohibited equipment; label required. (NRS 477.030)
1. No portable fire extinguisher or component of a fixed fire extinguishing system may be sold or leased in this State unless it has been approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC, Applied Research Laboratories, the United States Coast Guard or any other testing laboratory approved by the State Fire Marshal.
2. No portable fire extinguisher or fixed fire extinguishing system may be sold, leased, installed or serviced in this State if it uses as an extinguishing agent carbon tetrachloride, chlorobromomethane, methyl bromide, trichlortrifluoroethane or any other agent which has not been accepted by a laboratory approved under subsection 1. Any accepted fire extinguishing agents must be approved by the State Fire Marshal or the authorized representative of the State Fire Marshal. Plans for proposed Halon installations must be submitted to the State Fire Marshal or the authorized representative of the State Fire Marshal with an application for approval. No portable fire extinguisher containing Halon as an extinguishing agent may be sold or used except as approved by the authority having jurisdiction for use in commercial occupancies or other special applications.
3. Inverting type extinguishers may not be hydrostatically tested. Each such extinguisher which becomes due for hydrostatic testing must be permanently removed from service.
4. Each portable fire extinguisher must bear a label which includes the following information:
(a) The unit is a fire extinguisher.
(b) The manufacturer’s name.
(c) The date of manufacture.
(d) The designation of the model.
(e) The numerical rating and classification.
(f) The weight full and empty.
(g) The extinguishing agent.
(h) The test pressure determined by the manufacturer.
(i) The testing laboratory’s listing label.
(j) The freezing limits, if applicable.
Ê A label bearing this information must not be removed from the extinguisher except when it has failed to pass the tests or other requirements of this chapter.
[St. Fire Marshal, §§ 2.201-2.203, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.407 Advertising and sales: Devices for suppressing fire. (NRS 477.030) A device for suppressing fire must not be sold or advertised as a fire extinguisher, provided as part of other sales, or represented, either orally or by written word, to be a fire extinguisher unless it meets the requirements for a fire extinguisher pursuant to this chapter.
(Added to NAC by St. Fire Marshal, 8-22-86, eff. 9-1-86; A by R220-99, 9-25-2000; R090-10, 12-30-2011)
NAC 477.409 Required equipment for each shop and vehicle used for service. (NRS 477.030) The following equipment must be located in each shop or vehicle used to service fire extinguishers and fixed fire extinguishing systems:
1. A dry compressor with a moisture monitor and pressurizing station or a dry nitrogen supply and pressurizing station;
2. A carbon dioxide supply fill station or a letter of agreement from a licensed fill station;
3. A clean agent supply and fill station or a letter of agreement from a licensed fill station;
4. Work benches;
5. Cylinder racks, as appropriate;
6. A dry chemical fill station with an approved closed recovery system;
7. A shop vacuum;
8. Beam scales that are 100 and 500 pounds, which must be calibrated annually;
9. Low pressure hydrostatic test equipment or a letter from a company that provides hydrostatic test service;
10. Test cages, as appropriate;
11. A cylinder vise and bench;
12. Regulators;
13. Gauges, which must be calibrated annually;
14. A system for keeping records which must be available for inspection;
15. Power drills and bench grinders;
16. Approved service tags and internal tags;
17. Approved seals;
18. A measuring tape;
19. A penlight;
20. Extension mirrors;
21. An internal inspection light;
22. A scale which is able to measure weights up to 50 pounds and which is calibrated annually;
23. A 4-pound by 1-ounce cartridge scale;
24. Assorted recharge adapters;
25. Taps and dies;
26. Pipe and screw extractors;
27. Wire and nylon bristle brushes;
28. Hammers and mallets;
29. Drift pins, punches, reamers and rivets;
30. Pliers, wrenches and screwdrivers;
31. Knives, files and hacksaws;
32. An approved closed recovery collection system;
33. Lubricants;
34. Sealing compounds;
35. A quantity of mixed extinguishing agents necessary for servicing equipment;
36. Assorted discharge nozzles;
37. Assorted discharge hoses;
38. Assorted “O” rings;
39. Assorted pressure gauges;
40. Assorted valve springs;
41. Assorted valve stems;
42. Assorted siphon tubes;
43. Assorted pull pins;
44. Brackets and wall hangers; and
45. A chain hoist and trolley, as appropriate.
(Added to NAC by St. Fire Marshal by R090-10, eff. 12-30-2011)
NAC 477.410 Installation, inspection, maintenance and repair; practice of swapping out prohibited; failure to comply. (NRS 477.030)
1. All installation, inspection, maintenance and repair of portable fire extinguishers and fixed fire extinguishing systems must be performed in accordance with N.F.P.A. Standard 10, 2018 edition, N.F.P.A. Standards 17 and 17A, 2017 editions, and the regulations of and statutes enforced by the State Fire Marshal.
2. Regardless of exceptions contained in the N.F.P.A.’s applicable standards, the internal components of all portable fire extinguishers except carbon dioxide, wet chemical, halogenated agent, aqueous film forming foams (AFFF) and film forming fluroroprotein foam (FFFP) portable fire extinguishers must be examined at least annually and whenever the service seal has been broken or an inspection indicates that the extinguisher might fail to function.
3. For the recharging of any dry chemical type of extinguishment cylinder to be valid, the serviceperson must date and initial with a permanent marking pen on the topmost exposed portion of the pick-up tube before reassembly and recharging. The date on the pick-up tube must correspond to the date on the exterior service tag. Failure to date and initial the pick-up tube is grounds for the immediate suspension or revocation of a certificate of registration. If possible, a collar tag ring as required by N.F.P.A. Standard 10, 2018 edition, or an alternate collar tag ring that is approved by the State Fire Marshal must be installed at the time the extinguisher is recharged or serviced in the following manner:
4. Nitrogen or approved dry air must be used as expellant when recharging dry chemical type extinguishers unless the manufacturer recommends otherwise.
5. Before a fire extinguishing system using a clean agent is accepted, a test as referenced in N.F.P.A. Standard 12A, 2015 edition, must be performed and recorded.
6. Within 30 days before the date on which an extinguisher must be serviced, the owner of a portable fire extinguisher may enter into a verbal service agreement for the service of that extinguisher.
7. When servicing portable fire extinguishers, the practice of swapping out a portable fire extinguisher is prohibited. This subsection does not prohibit a serviceperson from removing a portable fire extinguisher to make an off-site repair or to perform hydrostatic testing if the original portable fire extinguisher is returned within 3 business days after the date of removal.
8. Failure to comply with the provisions of this section by a person who holds a certificate of registration is a ground for the immediate suspension or revocation of the certificate of registration, and the person who holds the certificate of registration may be criminally or civilly liable for fraud.
9. As used in this section, “practice of swapping out” means the practice of:
(a) Replacing a new portable fire extinguisher with an older or used portable fire extinguisher; and
(b) Representing that the older or used portable fire extinguisher is a new portable fire extinguisher.
[St. Fire Marshal, §§ 2.301-2.303, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.415 Hydrostatic testing of fire extinguishers. (NRS 477.030)
1. Each person who performs hydrostatic testing of fire extinguishers manufactured in accordance with the specifications of the United States Department of Transportation must do so in accordance with the procedure specified by that Department for compressed gas cylinders and must have been qualified by a test administered by the State Fire Marshal and have received the proper license or certificate of registration, or both.
2. The procedure concerning the hydrostatic testing of cylinders listed by the United States Department of Transportation is set forth in the Compressed Gas Association’s pamphlet, C-1, Methods for Hydrostatic Testing Compressed Gas Cylinders. The 2009 edition of the pamphlet is hereby adopted by reference. A copy of the pamphlet may be obtained from the Compressed Gas Association by mail at 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151-2923, or at the Internet address http://www.cganet.com, at a price of $102 for members and $186 for nonmembers.
[St. Fire Marshal, §§ 1.405 & 1.414, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.420 Replacement of extinguishers; failure to comply. (NRS 477.030) A licensee or registrant shall replace extinguishers removed from premises for servicing with spare extinguishers of equal or higher ratings during the period the extinguishers being serviced are removed. Failure to comply with the provisions of this section is a ground for the immediate suspension or revocation of the certificate of registration of the registrant or the license of the licensee.
[St. Fire Marshal, § 1.408, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000; R062-04, 9-3-2004; R132-18, 2-27-2020)
NAC 477.422 Response to call for service. (NRS 477.030) A licensed firm shall respond to a call for service from a customer, the State Fire Marshal or the authority having jurisdiction within 24 hours by sending a registrant with proper equipment to repair or replace the fire protection equipment. If unable to respond, the licensed firm shall communicate with another licensed firm that is able to respond and repair or replace the equipment.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R220-99, 9-25-2000; R090-10, 12-30-2011)
NAC 477.425 Service tags and labels; notice and tag of impairment; notice and tag of deficiency; correction of deficiency. (NRS 477.030, 477.085)
1. The tags used as records of service performed on portable fire extinguishers or fixed fire extinguishing systems must be at least 4 inches long and 2 inches wide and must be in the following form:
2. The tag must be punched to indicate the type of service which was performed on the extinguisher or system and the date on which the service was performed. Each tag must be signed with a legible signature by the holder of a certificate of registration and must be:
(a) Attached to the extinguisher or system by wire, string or a plastic tie; or
(b) A self-adhesive tag approved by the State Fire Marshal which is so attached as to be readily visible for inspection,
Ê and such information must remain permanently on the tag. A number stamp or date stamp must not be used on the tag.
3. A label of suitable Mylar or equally durable material must be affixed by a heatless method to each shell of an extinguisher which is not listed by the United States Department of Transportation and which has passed a hydrostatic test. The label must show:
(a) The date on which the hydrostatic test was performed;
(b) The test pressure used; and
(c) The name of the person licensed or certified by the State Fire Marshal which performed the test.
4. Only those labels described in N.F.P.A. Standard 10, 2018 edition, and in the regulations of and statutes enforced by the State Fire Marshal may be affixed to a portable fire extinguisher.
5. A sample of the tag and the label must be on file with the State Fire Marshal before they are used in the field.
6. The tag must be printed by a printing company and include the following information:
(a) The date when the system was last serviced.
(b) The name, address and telephone number of the company;
(c) The number of the license issued by the State Fire Marshal; and
(d) The name and certificate number of the person who last serviced the system.
7. If a fixed fire extinguishing system remains impaired and the licensee does not have the authority to correct the impairment, the word “impairment” must be written across the tag in black letters that are bold. The licensee shall notify the property owner and the authority having jurisdiction of the impairment in writing not later than the next business day after completing the work. The tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
8. If a deficiency is discovered in the fixed fire extinguishing system, the licensee shall notify the property owner of the deficiency in writing. The word “deficiency” must be written across the tag in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving the notice of deficiency, the licensee shall submit the notice of deficiency to a fire code official within 2 business days after the 30 calendar days expire. The tag with the word “deficiency” must be at least 4 inches long and 2 inches wide and must be in the following form:
[St. Fire Marshal, §§ 2.501-2.503, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; R090-10, 12-30-2011; A by St. Bd. of Fire Services by R124-13, 6-26-2015; A by St. Fire Marshal by R132-18, 2-27-2020)
NAC 477.427 Allegation of failure to install internal maintenance tag. (NRS 477.030) If a written complaint is filed with the State Fire Marshal alleging failure of an agency that performs service to install an internal maintenance tag the State Fire Marshal may require the company who last performed service on the fire extinguisher in question to open the fire extinguisher for examination by the State Fire Marshal or the representative of the State Fire Marshal. If the allegation proves false, the person filing the allegation is responsible for charges incurred in the conducting of the inspection. If the allegation is made by the State Fire Marshal or the representative of the State Fire Marshal, the foregoing procedure is followed, and the company responsible for the unit will bear the cost of recharging the unit if the allegation proves true. The State Fire Marshal will bear the cost of recharging the unit if the allegation proves false.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.430 Fixed fire extinguishing systems: Evidence of capability to provide service; written agreement for maintenance; plans and specifications. (NRS 477.030)
1. The installer shall submit evidence of his or her capability to repair, recharge and restore fixed fire extinguishing systems within 24 hours after notification of a fire or a fault in the system. The installer’s evidence must include a showing that the installer has:
(a) The necessary equipment and certified personnel for the service;
(b) Provided a letter to the State Fire Marshal stating that the installer is capable of responding to and initiating repairs of a fixed fire extinguishing system within 24 hours after notification that the system requires service;
(c) A valid license issued by the State Contractors’ Board; and
(d) A certification and approval of a major manufacturer of fixed fire extinguishing systems which is acceptable to the State Fire Marshal.
2. Where a fixed fire extinguishing system is required by a statute, regulation or ordinance, a satisfactory written agreement for maintenance of the system must be provided. All such systems must be maintained under the supervision of qualified persons approved by the State Fire Marshal. A copy of the maintenance agreement along with proof that the firm or company providing the maintenance is adequately covered by liability insurance must be provided by the firm or company to the authority having jurisdiction and the State Fire Marshal. A tag conforming to the requirements of NAC 477.425 must be attached to all such systems. A person certified by the State Fire Marshal must be present and directly supervise whenever work is performed.
3. Detailed plans of such systems must be submitted to the authority having jurisdiction and must conform to applicable standards and meet the approval of the authority having jurisdiction. The specifications must require that a puff test of the system be performed by sending a charge of gas through the system to determine the presence of any obstructions. The test must be certified by the licensee as meeting the requirements of the standards of the N.F.P.A. That certification must be sent to the authority having jurisdiction. Plans must be drawn to an indicated scale and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to and approved by the authority having jurisdiction before the work starts. Where field conditions necessitate any substantial change from the approved plan, a corrected plan showing the system as actually built must be submitted, with the appropriate fee, to the authority having jurisdiction for approval. All changes must comply with the codes and standards, and any substantial change must be submitted to the authority having jurisdiction for review and be approved by the authority having jurisdiction before such a change may be made.
4. After a fire extinguishing system has been approved and installed, a copy of the system’s plans must be placed on the premises as required by the authority having jurisdiction. A fire extinguishing system installed in conformance to the requirements of the standards of the N.F.P.A. is not required to be updated to later revisions in the standards of the N.F.P.A. until the State Fire Marshal adopts those revisions by reference and the hazard which is to be protected is remodeled, removed or substantially altered.
[St. Fire Marshal, §§ 2.601-2.604, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.435 Reports; new employees; termination of employment; change of address; change of location. (NRS 477.030)
1. Each licensed firm shall report to the State Fire Marshal on or before December 31 of each year the name and certificate number of each registrant in its employ.
2. The State Fire Marshal will keep a list of the names, addresses and license and certificate numbers of all licensed firms and registrants.
3. Within 7 calendar days after employing any new employee who will perform service on portable fire extinguishers or fixed fire extinguishing systems, a licensed firm shall report to the State Fire Marshal the name of the new employee and, if he or she is a registrant, the number of his or her certificate. Each licensed firm shall report terminations of employment of registrants within 7 calendar days.
4. A change of address of any registrant must be reported by the registrant to the State Fire Marshal within 7 calendar days after the change. A new certificate will be issued upon notice and payment of the required fee.
5. A change of location of a licensed firm must be reported to the State Fire Marshal in writing within 7 calendar days after the change. A new license will be issued upon approval of the new location by the State Fire Marshal and the payment of the prescribed fee.
6. Reports required by this chapter are public records and may be inspected at the Office of the State Fire Marshal.
[St. Fire Marshal, §§ 2.401-2.405, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R090-10, 12-30-2011)
PORTABLE BUILDINGS
NAC 477.440 Compliance with statutes and regulations; approval required before construction, placement or relocation. (NRS 477.030)
1. Each portable building in this State must comply with all statutes and regulations relating to educational facilities or other occupancy classifications, depending on the intended use of the building.
2. All plans for the construction and placement of portable buildings must be reviewed and approved by the authority having jurisdiction. The authority having jurisdiction shall inspect and approve the placement or relocation of a portable building, including, without limitation, available access for a fire department and water supply, before the building may be occupied.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.441 General requirements. (NRS 477.030)
1. A new or relocated portable building must:
(a) Be placed on a surface which is:
(1) Paved or composed of dirt or any other material which is noncombustible; and
(2) Free of combustible material.
(b) Have a skirt that is noncombustible or fire-resistant and which extends from the bottom of the portable building to ground level.
(c) Have a zone of at least 5 feet that extends outward from the bottom of the skirt and which is free of trash, debris, plants or any other combustible material in accordance with section 304 of the International Fire Code, 2018 edition.
(d) Be in compliance with section 503.1.2 of the International Building Code, 2018 edition.
(e) Have at least two means of egress, as that term is defined by the International Building Code, 2018 edition.
(f) Provide illumination for each egress.
(g) Be equipped with a fire extinguisher which has a minimum rating of 2A-10BC.
(h) Be provided with a fire alarm system, as required by the International Fire Code, 2018 edition. If the portable building is designated for occupancy as a “Group B occupancy used for educational purposes” or as a “Group E occupancy,” the portable building must have an automatic and a manual fire alarm system, which is integrated with the fire alarm system in the primary building.
2. Except as otherwise provided in this subsection, if two or more portable buildings are placed next to each other, there must be no empty spaces between the buildings. If it is physically impossible to place portable buildings next to each other so that there are no spaces between the portable buildings, the space between the portable buildings must have a barrier to prevent combustible materials or debris from entering that space.
3. Flammable or combustible material may not be stored beneath a portable building.
4. Portable buildings may not be joined if there are windows or other openings on the joined wall other than doors that are designed and used as access between the buildings.
5. Portable buildings which abut or are grouped together must not exceed the total area allowed by the International Building Code, 2018 edition, for occupancies which are designated as “Type V-B.”
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.442 Safety requirements; approval of changes in use required; service of systems for heating, ventilating or air-conditioning. (NRS 477.030)
1. An existing portable building which has only one door to the exterior must be equipped with:
(a) A system for emergency lighting.
(b) An automatic fire sprinkler system as required by N.F.P.A. Standard 13, 2016 edition, if:
(1) The maximum legal occupancy of the building exceeds 50 persons; or
(2) More than two portable buildings are joined together to be used for classrooms or assembly.
2. All other portable buildings must:
(a) Be in compliance with the codes for building, fire and life safety as adopted by this chapter or by the authority having jurisdiction, whichever are more restrictive.
(b) Be equipped with a fire extinguisher which has a minimum rating of 2A-10BC.
(c) Have an automatic and a manual fire alarm system if:
(1) The maximum legal occupancy of the joined portable buildings exceeds 50 persons; or
(2) Three or more portable buildings are joined together.
(d) Have all alarm signals installed and connected to a main alarm system as required by N.F.P.A. Standard 72, 2016 edition.
(e) If the portable building is part of a campus or complex for which the main alarm system is equipped with a voice evacuation system, have each alarm signal described in paragraph (d) equipped with a voice evacuation system.
(f) If smoke detectors are required, have those detectors interconnected with the fire alarm system.
(g) If the portable building is used as a classroom or for any other purpose relating to education, have and maintain plans for fire drills and evacuation, which must be posted as prescribed by NRS 392.450 or 394.170, as applicable.
3. Portable buildings discussed in subsection 2 may have an optional key controlled manual fire alarm to reduce the risk of a person operating the manual fire alarm in a manner that the State Fire Marshal determines to be illicit.
4. No change in the use of a portable building described in subsection 2 may be made until the proposed change is reviewed and approved by the authority having jurisdiction for compliance with the adopted codes or this section.
5. A system for heating, ventilating or air-conditioning which:
(a) Is in a portable building described in subsection 2;
(b) Can circulate more than 2,000 cubic feet of air per minute; and
(c) Shuts down automatically,
Ê must be serviced quarterly. Records of the service must be maintained for 2 years for review by the authority having jurisdiction.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.444 Requirements for fire flow and fire hydrants. (NRS 477.030)
1. The authority having jurisdiction will designate the requirements for fire flow and approve the location of a site for a portable building based on the proximity and usability of available fire hydrants. If it is not possible to locate a portable building which is to be used as a classroom or for any other purpose relating to education in compliance with such requirements, the school district in which the building is to be placed may apply to the authority having jurisdiction to request an alternative means of compliance with the requirements.
2. There must be no obstruction between a hydrant and the areas to be protected. Access to a hydrant by fire apparatus must not be obstructed. If necessary, a hydrant must be turned, moved or otherwise relocated to allow access to the hydrant by fire apparatus.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R132-18, 2-27-2020)
NAC 477.445 Maintenance of exterior areas. (NRS 477.030) The exterior areas around a portable building, including the areas under stairs or ramps, must be kept free and clear of accumulations of trash, weeds, dead grass, litter or any other flammable or combustible material, in accordance with the International Fire Code. Clearances from other buildings, services or hazards must be maintained as required by the building and fire codes adopted by the State Fire Marshal for all structures and buildings.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R062-04, 9-3-2004)
NAC 477.446 Access for vehicles. (NRS 477.030) Access for vehicles must be provided into any area where a portable building is located. Not less than two means of access which meet the requirements of the authority having jurisdiction or the International Fire Code, whichever is more stringent, must be provided, except that, if physical difficulties exist, the authority having jurisdiction may approve a single means of access.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; A by R062-04, 9-3-2004)
AUTOMATIC SPRINKLER SYSTEMS
Generally
NAC 477.455 Approval of equipment; compliance with International Fire Code and certain standards. (NRS 477.030)
1. No component or device of an automatic sprinkler system may be sold, leased or installed in this State unless it has been approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global or any other testing laboratory approved by the State Fire Marshal as qualified to test such a component or device.
2. Automatic sprinkler systems must comply with the International Fire Code, 2018 edition, and the following standards of the N.F.P.A.:
(a) “Standard for the Installation of Sprinkler Systems,” Standard 13, 2016 edition.
(b) “Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes,” Standard 13D, 2016 edition.
(c) “Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies,” Standard 13R, 2016 edition.
(d) “Standard for the Installation of Standpipe and Hose Systems,” Standard 14, 2016 edition.
(e) “Standard for Water Spray Fixed Systems for Fire Protection,” Standard 15, 2017 edition.
(f) “Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems,” Standard 16, 2015 edition.
(g) “Standard for the Installation of Stationary Pumps for Fire Protection,” Standard 20, 2016 edition.
(h) “Standard for Water Tanks for Private Fire Protection,” Standard 22, 2018 edition.
(i) “Standard for the Installation of Private Fire Service Mains and Their Appurtenances,” Standard 24, 2016 edition.
(j) “Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems,” Standard 25, 2017 edition.
(k) “Standard on Water Mist Fire Protection Systems” Standard 750, 2015 edition.
[St. Fire Marshal, §§ 4.201 & 4.202, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.460 Inspections and testing; notice and tag of impairment; notice and tag of deficiency; correction of deficiency; notice of discontinuance of service. (NRS 477.030)
1. Each automatic fire sprinkler system must be inspected quarterly. One of the quarterly inspections must be termed an annual inspection and be conducted in accordance with the provisions of subsection 2. The other quarterly visual inspections may be conducted by any responsible person, including an employee of a licensed firm, who, in the opinion of the authority having jurisdiction, has sufficient knowledge of the system to conduct such inspections. The quarterly inspections must conform to the requirements of N.F.P.A. Standard 13, 2016 edition, and Standard 25, 2017 edition. Records of inspection must be kept on-site for review by the State Fire Marshal and the authority having jurisdiction.
2. The annual inspection must be made by a qualified registrant who is an employee of a licensed firm for automatic fire sprinkler systems. The annual inspection must comply with the standards and publications described in subsection 1.
3. If a fire sprinkler system remains impaired and the licensed firm does not have the authority to correct the impairment, the word “impairment” must be written across the tag in black letters that are bold. The licensed firm must notify the property owner and the authority having jurisdiction of the impairment in writing not later than the next business day after completing the work. A tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
4. If a deficiency is discovered in the fire sprinkler system, the licensed firm must notify the property owner of the deficiency in writing. The word “deficiency” must be written across the tag in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving notice of the deficiency, the licensed firm must submit the notice of deficiency to the authority having jurisdiction within 2 business days after the 30 calendar days expire. The tag with the word “deficiency” must be at least 4 inches long and 2 inches wide and must be in the following form:
5. A licensed firm must give 30 calendar days’ written notice to the owner, the occupant and the authority having jurisdiction before it may discontinue service to the owner or the occupant, or both.
[St. Fire Marshal, §§ 4.401-4.403, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.465 Evidence of capability to provide service; agreement for maintenance; plans and specifications; calculations; qualifications; letter of certification. (NRS 477.030)
1. The distributor, installer or agency to provide service to customers must submit evidence of its capability to repair and restore an automatic sprinkler system within 24 hours after notification of a fire or fault in the system and must repair a system within 24 hours after being notified by the owner that a system requires service. The evidence of that capability is subject to approval by the State Fire Marshal or the authority having jurisdiction. The evidence must demonstrate that the licensee has:
(a) The necessary equipment and personnel appropriately certified by the State Fire Marshal;
(b) The necessary stock of parts and devices;
(c) A valid license issued by the State Contractors’ Board;
(d) If applicable, a valid state business license issued by the Secretary of State; and
(e) A certification and approval by the manufacturer from whom the equipment is purchased.
2. Where automatic sprinkler systems are installed for any reason, a satisfactory written agreement for the maintenance of the system must be provided. All systems must be under the supervision of qualified persons. No work may be performed on an automatic sprinkler system unless a holder of a certificate of registration is present to supervise the work. Proper tests and inspections must be made at prescribed intervals, and qualified persons must have general charge of all alterations and additions to the systems under their supervision. A copy of the agreement for maintenance, along with proof that the firm or company which will provide the maintenance is adequately covered by liability insurance, must be submitted by the firm or company to the State Fire Marshal or the authority having jurisdiction.
3. Detailed plans, with the appropriate fees, must be submitted to the State Fire Marshal or the authority having jurisdiction for approval. The specifications must state that the installation will conform to the applicable standards and be approved by the State Fire Marshal or the authority having jurisdiction before the sprinkler system is installed. The specifications must include the specific tests required by the N.F.P.A.’s standards and the standards required for the approval of the State Fire Marshal or the authority having jurisdiction. Plans must be drawn to an indicated scale or be suitably dimensioned and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the State Fire Marshal or the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to the State Fire Marshal or the authority having jurisdiction before work starts. Where field conditions necessitate any substantial change from the approved plan, the corrected plan showing the system as installed, with the appropriate fees, must be submitted to the State Fire Marshal or the authority having jurisdiction for approval. The State Fire Marshal or the authority having jurisdiction must inspect and approve any substantial changes before the job is completed. Plans must be on the job site when work is being done pursuant to the plan at that site.
4. Calculations must be established from the applicable design curve for sprinkler systems as shown in N.F.P.A. Standards 13 and 13R, 2016 editions. There must be not less than 10 psi additional water pressure above the system demand.
5. All hydrostatic tests of systems and flushing of underground systems must be witnessed by a representative of the State Fire Marshal or the authority having jurisdiction. All portions of the automatic fire sprinkler system, including the underground service from the gate valve, road box or check valve to the riser, must be installed, tested and flushed by a company licensed by the State Fire Marshal to perform this work. A company which holds a current Type G-U license for:
(a) Underground private fire service mains and their appurtenances may provide only the underground private fire service mains and their appurtenances from the gate valve, road box or check valve to the base of the riser or stubbed 5 feet from the base of a building. The company shall provide certification of the contractors’ materials and testing to the State Fire Marshal or the authority having jurisdiction upon the completion of the work. The underground services provided and the certification to be provided to the State Fire Marshal or the authority having jurisdiction must meet the requirements of NAC 477.340 to 477.350, inclusive, and the standards of the N.F.P.A. for automatic fire sprinkler systems or private fire service mains and their appurtenances, as applicable.
(b) Privately owned fire hydrants may provide only the installation, maintenance, repair and servicing of privately owned fire hydrants. The licensee must also hold a valid license appropriate to the work performed, as issued by the State Contractors’ Board, if the licensee installs any new privately owned fire hydrants or performs any maintenance or repair below the first 90-degree flange of a privately owned fire hydrant.
(c) Backflow may provide only the testing on backflow assemblies. The licensee must also hold a certification from the American Water Works Association or another nationally recognized certificate recognized by the State Fire Marshal.
6. Upon completing the installation of an automatic sprinkler system, the licensee shall issue a letter of certification to the authority having jurisdiction. The letter must certify that the system has been installed in accordance with the approved plans and all applicable national, state and local codes. The installer shall properly identify all hydraulically designed automatic sprinkler systems with a permanently attached placard. The placard must show the location and number of sprinkler heads and the density of discharge over the designed area.
[St. Fire Marshal, §§ 4.301-4.303 & part § 4.304, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.470 Tags for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency. (NRS 477.030)
1. A tag for recording the installation, maintenance and inspection of automatic sprinkler systems must be at least 4 inches long and 2 inches wide and must be in the following form:
2. If the system has an outside screw and yolk valve which is not electrically supervised, the tag must serve as a seal for the valve. If the outside screw and yolk valve is electrically supervised, the tag must be attached in such a manner that the valve may be closed for testing of the supervision without removing the tag.
3. The last person to work on an automatic sprinkler system for any purpose must attach the tag to the valve. The tag must be punched to indicate the type of service which was performed on the system and the date. The service tag must be signed with a legible signature by the holder of the certificate of registration supervising the work, and such information must remain permanently on the tag. A number stamp or date stamp must not be used on the tag.
4. A tag must be attached to the system at the conclusion of the successful testing of the system immediately after its installation.
5. The tag must be printed by a printing company and include the following information:
(a) The date when the system was last serviced;
(b) The name, address and telephone number of the company;
(c) The number of the license issued by the State Fire Marshal; and
(d) The name and certificate number of the person who last serviced the system.
6. If the system remains impaired and the licensee does not have the authority to correct the impairment, the word “impairment” must be written across the tag in black letters that are bold. The licensee shall notify the property owner and the authority having jurisdiction of the impairment in writing not later than the next business day after completing the work. The tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
7. If a deficiency is discovered in the system, the licensee shall notify the property owner of the deficiency in writing. The word “deficiency” must be written across the tag in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving the notice of deficiency, the licensee shall submit the notice of deficiency to a fire code official within 2 business days after the 30 calendar days expire. The tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
8. The provisions of this section apply to NAC 477.480 to 477.540, inclusive.
[St. Fire Marshal, part §§ 4.304 & 4.305, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; R090-10, 12-30-2011; R132-18, 2-27-2020)
Residential Systems
NAC 477.480 Applicability. (NRS 477.030) The provisions of this section and NAC 477.483 and 477.490 apply to all:
1. Persons within or conducting business within this State, without restriction.
2. Sprinkler systems and components installed after November 27, 1978, within one- and two-family dwellings and mobile homes in this State.
[St. Fire Marshal, §§ 5.101 & 5.102, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000)
NAC 477.483 Requirements for installation. (NRS 477.030, 477.033)
1. A firm must be licensed by the State Fire Marshal and the State Contractors’ Board to install a fire sprinkler system in any one- or two-family dwelling or mobile home.
2. The installation of a system may not begin until the plans for the job are approved by the authority having jurisdiction. An approved set of plans must be on the job site and available for inspection during all working hours.
3. A person holding a certificate of registration issued by the State Fire Marshal must be on the job site and directly supervise the installation of the system.
4. Except as otherwise provided in subsection 5, all workmanship must conform to the requirements of this chapter and the edition of N.F.P.A Standards 13D and 13R in effect at the time of installation.
5. Each component must be installed in accordance with the requirements set forth in subsection 4 or the manufacturer’s recommendations as work progresses.
6. The firm that installs the system shall:
(a) Certify, in a letter to the authority having jurisdiction, that the work meets the requirements of the edition of N.F.P.A. Standards 13D and 13R in effect at the time of installation and the requirements of the State Fire Marshal. The letter must be sent within 10 days after the completion of the job.
(b) Attach to the system a metal tag that includes the firm’s name and address and the date of the installation.
7. If a manufacturer’s process or listing is used for any portion of the installation, that process or listing number must be noted on the submitted plans.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A by R090-10, 12-30-2011; R123-13, 1-16-2015)
NAC 477.490 Plans required before installation or modification. (NRS 477.030)
1. Plans must be submitted to and approved by the authority having jurisdiction before any system is installed or modified. Plans must contain:
(a) The name of the company installing the system.
(b) The general location and exact address of the job location.
(c) A rough plot plan showing water supply and property lines in relation to the installation site.
(d) Water pressure at the installation site.
(e) A rough floor plan with system coverage indication.
(f) Any additional information required by the authority having jurisdiction.
2. The authority having jurisdiction may require additional plans, documentation of testing data, engineering specifications and equipment as deemed necessary.
[St. Fire Marshal, §§ 5.301 & 5.514, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.540 Inspection and testing. (NRS 477.030)
1. The authority having jurisdiction may inspect a fire sprinkler system at any time during its installation. The authority having jurisdiction may witness any tests of the system. The licensed firm shall contact the authority having jurisdiction and schedule witnessing of any required testing, including, without limitation, final acceptance tests. A person holding a certificate of registration issued by the State Fire Marshal must be on the job site and directly supervise the installation of the system.
2. The owner of any fire sprinkler system installed in a one- or two-family dwelling shall conduct or cause to be conducted an annual test of the system. The firm that installed the system shall provide the owner with written instructions on the method of testing it. These instructions
must include the location of the inspector’s test valve, which must drain to the exterior of the building, the location of the water flow alarm mechanism and the location of the riser assembly. The annual test of the system is the responsibility of the owner of the system.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015)
INSTITUTIONAL BUILDINGS
NAC 477.550 Scope; applicability. (NRS 477.030) NAC 477.555:
1. Prescribes classifications for health care facilities to provide a basis for code approval of licensing pursuant to NRS 477.030 and chapter 449 of NRS.
2. Applies to all health care facilities in this State.
[St. Fire Marshal, §§ 6.101 & 6.102, eff. 11-27-78]
NAC 477.555 Identification; occupancy. (NRS 477.030)
1. Institutional buildings are those used for:
(a) Purposes such as medical or other treatment or care of persons suffering from a physical or mental illness, disease or infirmity;
(b) The care of infants, convalescents or aged persons; and
(c) Penal or corrective purposes.
2. Institutional buildings provide sleeping facilities for the occupants and are occupied by persons who are incapable of caring for themselves because of age, physical or mental disability or because of security measures not under the occupants’ control.
3. Institutional facilities are classified into three groups for the purpose of identification:
(a) Medical facilities;
(b) Custodial care facilities, which include, without limitation, residential and group facilities; and
(c) Restrained care facilities.
4. The permissible occupancy of an institutional building must be determined according to the standards approved by the State Fire Marshal.
[St. Fire Marshal, §§ 6.201 & 6.202, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 3-9-89; R220-99, 9-25-2000)
NAC 477.560 Device for detection of products of combustion. (NRS 477.030) In all medical facilities, custodial care facilities and restrained care facilities, a device for detection of the products of combustion, other than by detecting heat, must be installed pursuant to section 18.3.4.5 of N.F.P.A. Standard 101, 2018 edition.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004; R123-13, 1-16-2015; R132-18, 2-27-2020)
CHILD CARE FACILITIES
NAC 477.562 General requirements. (NRS 477.030)
1. The following requirements apply to child care facilities that require inspection and a certificate of compliance to be issued by the authority having jurisdiction:
(a) Plans for the construction of new facilities or the remodeling of existing facilities, including, without limitation, plans to construct or remodel fire systems, must be submitted to the authority having jurisdiction for approval before the construction or remodeling begins.
(b) Each facility must be inspected for compliance with applicable fire and safety regulations by the authority having jurisdiction before a license to operate the facility is issued. The facility must be inspected annually thereafter and have a current certificate of compliance issued by the authority having jurisdiction.
(c) Smoke alarms, or if they are part of a fire alarm system, smoke detectors, approved by the State Fire Marshal must be installed pursuant to the manufacturer’s instructions. In newly constructed buildings, smoke alarms or smoke detectors, as applicable, must receive their primary power from the building’s wiring, with provision made for the detection of smoke during a power failure. If a smoke alarm or smoke detector powered by a battery is currently installed and it fails, the smoke alarm or smoke detector must be replaced by a smoke alarm or smoke detector which receives its primary power from the wiring of the building and has a battery as a backup source of power.
(d) The State Fire Marshal will calculate the maximum number of occupants permitted in:
(1) A child care center based on an occupancy classification of I-4 or E.
(2) A child care facility based on an occupancy classification of I-4 for children less than 2 1/2 years of age and R-4 for children 2 1/2 years of age or older.
(3) A child care institution based on an occupancy classification of I-4 or E.
(4) A family home based on an occupancy classification of R-3.
(5) A group home based on an occupancy classification of I-4 for children less than 2 1/2 years of age and R-4 for children 2 1/2 years of age or older.
(e) Smoking is prohibited in any area designated as an “E” occupancy area unless the area has specifically been designated as a smoking area by the authority having jurisdiction. Where smoking is allowed, ashtrays must be provided.
(f) All stairs must be free of obstacles and stored combustible materials. Handrails with turn-ins must be provided if there are two or more steps in any stairway.
(g) Bathroom and closet doors must open from the inside without the need for a key or any special knowledge or effort and must be able to be immediately opened from the outside with the use of an appropriate device hung or placed above or near the door.
(h) Basements in R-3 occupancies used for child care must have at least two unobstructed exits which lead directly to the outside, one of which must open directly at ground level.
(i) Portable fire extinguishers must have a minimum rating of 2A-10BC and must be mounted pursuant to the requirements of:
(1) N.F.P.A. Standard 10, 2018 edition, and the requirements of the International Fire Code, 2018 edition; or
(2) The authority having jurisdiction.
(j) Heaters, fireplaces or other similar devices in rooms used for child care must be protected from contact with children by a sturdy, noncombustible partition, wire screen or protective metal guard. No portable heating devices are allowed.
(k) All heating equipment and hot water heaters must be:
(1) Enclosed in a manner which prevents children from coming into contact with them; and
(2) Secured as required by the codes and standards adopted by the State Fire Marshal.
(l) Child-resistant covers must be installed on all electrical outlets accessible to children.
(m) Wastebaskets, garbage cans and other containers used to store garbage, waste, rubbish and other combustible materials must be constructed of noncombustible materials and have a tight-fitting lid of the same material. Wastebaskets or other trash containers placed in the designated smoking areas must be constructed of noncombustible materials with a tight-fitting lid of the same material.
(n) No more than 10 gallons of flammable liquid may be stored in any area designated as an “E” area. This flammable liquid must be stored in an approved metal container and out of the reach of children.
(o) Rooms in which equipment is used or where flammable liquids, combustible dust or similar hazardous materials are handled must be separated from other portions of the building by a material which has a rating of at least 1-hour fire barrier and must conform to the requirements of the International Building Code, 2018 edition.
2. As used in this section:
(a) “Child care center” has the meaning ascribed to it in NAC 432A.050.
(b) “Child care facility” has the meaning ascribed to it in NAC 432A.060.
(c) “Child care institution” has the meaning ascribed to it in NAC 432A.070.
(d) “Family home” has the meaning ascribed to it in NAC 432A.100.
(e) “Group home” has the meaning ascribed to it in NAC 432A.110.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.563 Classification. (NRS 477.030) The buildings used for child care facilities must be classified pursuant to the model codes approved by the State Fire Marshal.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.564 Single-family residential occupancy interpreted. (NRS 477.030)
1. For the purposes of this chapter, a child care facility that is being used as a foster home and which provides care for not more than 15 children shall be deemed to be a single-family residential occupancy.
2. As used in this section, “foster home” has the meaning ascribed to it in NRS 424.014.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R090-10, 12-30-2011)
NAC 477.566 Devices for detection of products of combustion. (NRS 477.030) Devices for the detection of the products of combustion, other than heat, must be installed in every building which is used for the care of children. The devices must be installed in accordance with section 907.2.10 of the International Building Code, 2018 edition, and N.F.P.A. Standard 72, 2016 edition, if so required by the authority having jurisdiction.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-22-86, eff. 9-1-86; 8-24-90; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.568 Automatic sprinkler system for certain child care facilities used after midnight. (NRS 477.030) Child care facilities which are used for child care between the hours of 12 a.m. and 6 a.m. and care for seven or more children must have an automatic sprinkler system installed which conforms to N.F.P.A. Standard 13, 13D or 13R, 2016 editions, as applicable, and the requirements of the International Building Code, 2018 edition. The automatic sprinkler system must be connected to the fire alarm system so that activation of any portion of the automatic sprinkler system will activate the fire alarm system.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
FIREWORKS AND FLAME EFFECTS
General Provisions
NAC 477.571 Definitions. (NRS 477.030) As used in NAC 477.571 to 477.666, inclusive, unless the context otherwise requires, the words and terms defined in NAC 477.576 to 477.596, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R207-99, 2-7-2000)
NAC 477.576 “Commercial display” defined. (NRS 477.030) “Commercial display” of fireworks or flame effects means an event or function where the public or a private group is admitted or permitted to view the display or discharge of fireworks or flame effects.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R062-04, 9-3-2004; R132-18, 2-27-2020)
NAC 477.587 “Flame effects assistant” defined. (NRS 477.030) “Flame effects assistant” means a person who works under the supervision of a flame effects operator on flame effects before an audience.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.5875 “Flame effects before an audience” defined. (NRS 477.030) “Flame effects before an audience” means the combustion of flammable solids, liquids or gases to produce thermal, physical, visual or audible phenomenon for entertainment, exhibition, demonstration or simulation before a proximate audience, including, without limitation, a rehearsal, videotaping, audiotaping or filming of any television, radio or movie production when such a production is conducted before an audience and flame effects are used.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.588 “Flame effects operator” defined. (NRS 477.030) “Flame effects operator” means the specific natural person who has primary responsibility for:
1. The controlled use of flame effects, including, without limitation, the storage, setup, maintenance, operations and tear down of the materials, devices, equipment and systems used with the flame effects; and
2. The supervision of any flame effects assistants working for the flame effects operator.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.589 “Magician” defined. (NRS 477.030) “Magician” means a person who holds a certificate of registration pursuant to which the person may handle and discharge flash paper, flash cotton, flash string, and solid and powder smoke composition that is either in solid or powdered form.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.591 “Pyrotechnic composition” defined. (NRS 477.030) “Pyrotechnic composition” means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.594 “Show specific” defined. (NRS 477.030) “Show specific” means a fixed show at a permanent site or location.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.596 “Special effect” defined. (NRS 477.030) “Special effect” means a device containing a pyrotechnic composition which is manufactured and assembled, designed or discharged in connection with a television, theatrical or motion picture production which may or may not be presented before a live audience.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.601 Exemptions. (NRS 477.030) The provisions of NAC 477.571 to 477.666, inclusive, do not apply to:
1. Arms and handguns regulated by 18 U.S.C. §§ 921 et seq.
2. Activities conducted by the Department of Defense or by a contractor of the Department of Defense in connection with the transportation of, or experimentation on, missiles and rockets.
3. Paper caps containing less than 0.25 grain or pyrotechnic composition per unit load.
4. Tracer bullets or charges which are used at a qualified rifle or shotgun range or by military or naval personnel or peace officers.
5. Devices for signals used in connection with the operation of railroads or other forms of transportation.
6. The purchase at retail or use of fireworks which are designated as “safe and sane,” or not dangerous, and which are classified as Class C.
7. The use, after purchase at retail, of fireworks which are designed and intended by the manufacturer for the prevention of damage to crops or the unwanted occupancy of areas by animals or birds through the use of sound or light, or both.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000)
Commercial Displays
NAC 477.606 License required. (NRS 477.030, 477.033) No person may engage in the business of producing commercial displays of fireworks or flame effects without possessing a license issued by the State Fire Marshal. Conducting commercial displays of fireworks or flame effects includes the display or discharge of fireworks or flame effects at an entertainment before the public or a private group which has been admitted or permitted to view the display.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R062-04, 9-3-2004; R132-18, 2-27-2020)
NAC 477.611 Application for license; categories, classifications, fees and investigation. (NRS 477.030, 477.033) An applicant for a license for producing commercial displays of fireworks or flame effects must:
1. Make a written application on the forms provided.
2. Indicate on the application which category of license and classification the applicant desires to obtain and pay the appropriate inspection and issuance fee, as follows:
|
General category: |
|
|
Alcohol.............................................................................................................. |
$132 |
|
Indoor stage....................................................................................................... |
132 |
|
Liquid, other than alcohol.................................................................................. |
132 |
|
Gel...................................................................................................................... |
132 |
|
Natural gas......................................................................................................... |
132 |
|
Outdoor aerial.................................................................................................... |
132 |
|
Propane.............................................................................................................. |
132 |
|
Solid fuels.......................................................................................................... |
132 |
|
Special effects.................................................................................................... |
132 |
|
|
|
|
Limited event license (exempt)........................................................................... |
no fee |
3. Furnish the State Fire Marshal Division with the required certificate of insurance.
4. Submit an application as follows:
(a) If the applicant is a sole proprietorship, by the proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by an officer.
5. Cooperate with the State Fire Marshal in the investigation of the applicant’s application.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000; R090-10, 12-30-2011; R077-15, 12-30-2015; R132-18, 2-27-2020)
NAC 477.616 Categories of licenses; expiration and renewal; requirements for producing display. (NRS 477.030, 477.033)
1. Licenses will be issued to companies in one or more of the following categories:
(a) A general license permits the licensee to produce commercial displays of fireworks in one or more of the following categories:
(1) Alcohol;
(2) Indoor stage;
(3) Liquid, other than alcohol;
(4) Gel;
(5) Natural gas;
(6) Outdoor aerial;
(7) Propane;
(8) Solid fuels;
(9) Special effects; or
(10) Show specific.
Ê A general license is valid on May 1 or the date on which it is issued, whichever is later. If a licensee does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the license expires and the licensee must apply to the State Fire Marshal for an original license. If a fee for a license is not paid by the time it is due, a late charge of 12 percent per month will be assessed as an administrative fee for processing. The charge will be assessed beginning at the end of the first business day after the fee is due. A licensee may not engage in any work authorized by this chapter or chapter 477 of NRS until the fee is paid.
(b) A limited event license permits a nonprofit organization to produce a specific display of fireworks or series of displays at the time or times and location specified by the license subject to local requirements for a permit. A limited license is valid for the single event or series of events which it specifies.
(c) A nonprofit organization must obtain a limited event license (exempt) from the State Fire Marshal Division before producing a display of fireworks. The limited event license (exempt) must include a description of the event to be held which specifies the location and date of the event. The license will be issued without payment of a fee. The nonprofit organization must:
(1) Show evidence of valid insurance which covers the event or series of events;
(2) Require that all persons who participate in producing the display or series of displays complete a written test approved by the State Fire Marshal or work under the direct supervision of a certified pyrotechnic operator; and
(3) Obtain a certificate of registration for the person who will be responsible for the show and the safety of the participants and spectators.
2. A license issued in one of these categories does not permit the licensee to engage in activities permitted by another, more general, category.
3. In producing a commercial display of fireworks or flame effects, a licensee must:
(a) Obtain any permit or permits required by local authority;
(b) Employ only pyrotechnic operators who are registered with the State Fire Marshal to conduct the display or discharge of the fireworks or flame effects; and
(c) Wear proper safety attire at all times pursuant to N.F.P.A. 1123, 2018 edition.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R132-18, 2-27-2020)
NAC 477.618 Insurance. (NRS 477.030, 477.033) The licensed firm must furnish the State Fire Marshal with a certificate of insurance from a company authorized to provide such insurance in this State which evidences the following:
1. Minimum coverage for bodily injury arising out of the conduct of commercial displays of fireworks or flame effects of:
(a) For each person, $100,000; and
(b) For each occurrence, $1,000,000.
2. Minimum coverage for property damage arising out of the conduct of commercial displays of fireworks or flame effects of $1,000,000.
3. Fifteen days’ written notice by the insurer to the State Fire Marshal of its intention to cancel the policy.
4. Inclusion of any pyrotechnic operator employed by the licensee, either as an employee or as an independent contractor, and the State of Nevada as an additional named insured.
5. Specific exclusion of the State from any responsibility for the payment of any premium or assessment required by the policy of insurance.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000; R090-10, 12-30-2011; R132-18, 2-27-2020)—(Substituted in revision for NAC 477.621)
Licenses and Certificates of Registration
NAC 477.620 Magicians: Certificate required; qualifications; fee; authorized acts; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a magician, the person must obtain a certificate of registration as a magician from the State Fire Marshal. To receive a certificate of registration as a magician, a person must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal; and
(c) Pay an initial fee of $27.50.
2. A holder of a certificate of registration as a magician may handle and discharge flash paper, flash cotton, flash string, and solid and powder smoke composition that is either in solid or powdered form. The areas made hazardous by these devices must be within the immediate reach of the magician to whom the certificate of registration is issued, not to exceed a distance of 12 feet.
3. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011; R077-15, 12-30-2015)
NAC 477.622 Assistant pyrotechnic operators: Certificate required; qualifications; fee; authorized acts; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as an assistant pyrotechnic operator, the person must obtain a certificate of registration as an assistant pyrotechnic operator from the State Fire Marshal. To receive a certificate of registration as an assistant pyrotechnic operator, an applicant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal;
(c) Pass a written test based on the content of this chapter and N.F.P.A. Standard 1123, 2018 edition, N.F.P.A. Standard 1124, 2017 edition, and N.F.P.A. Standard 1126, 2016 edition;
(d) Submit to the State Fire Marshal:
(1) Letters of endorsement from two persons who hold certificates of registration as a pyrotechnic operator issued by the State Fire Marshal; and
(2) A letter from the company which employs the applicant stating that the applicant has worked for the company for at least 90 days or is licensed or certified as an assistant pyrotechnic operator in good standing by another state recognized by the State Fire Marshal; and
(e) Pay an initial fee of $31.
2. A person who holds a certificate of registration as an assistant pyrotechnic operator may load, build and pack any product used in pyrotechnic effects only under the direct supervision of a holder of a certificate of registration as a pyrotechnic operator.
3. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.624 Pyrotechnic operators: Certificate required; qualifications; fee; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a pyrotechnic operator, the person must obtain a certificate of registration as a pyrotechnic operator from the State Fire Marshal. To receive a certificate of registration as a pyrotechnic operator, an applicant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal and pay a fee of $55;
(c) Hold a certificate of registration as an assistant pyrotechnic operator issued by the State Fire Marshal, or be licensed or certified in good standing as a pyrotechnic operator by another state, as approved by the State Fire Marshal;
(d) Pass, with a score of at least 75 percent, a written examination that is based on the content of this chapter, N.F.P.A. Standard 1123, 2018 edition, N.F.P.A. Standard 1124, 2017 edition, and N.F.P.A. Standard 1126, 2016 edition; and
(e) Submit to the State Fire Marshal:
(1) A log which demonstrates that the applicant has worked on at least 15 different shows during the 3 years immediately preceding the date on which he or she applies for the certificate of registration as a pyrotechnic operator;
(2) Letters of endorsement from two persons who hold certificates of registration as a pyrotechnic operator issued by the State Fire Marshal; and
(3) A letter from the company which employs the applicant stating that the applicant has worked for the company for at least 90 days or is licensed or certified as a pyrotechnic operator in good standing by another state recognized by the State Fire Marshal.
2. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004; R090-10, 12-30-2011; R077-15, 12-30-2015; R132-18, 2-27-2020)
NAC 477.626 Pyrotechnic operators: Certification required; supervision of assistant; expiration and renewal. (NRS 477.030)
1. No person may purchase pyrotechnics for the purposes of commercial display or prepare, handle, detonate, display or discharge fireworks or special effects without having first obtained a valid certificate of registration as a pyrotechnic operator for indoor stage, outdoor aerial, special effects or show specific. An assistant to a certified pyrotechnic operator must be under the direct supervision of the certified pyrotechnic operator.
2. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.628 Pyrotechnic operators on show specific: Certificate required; qualifications; fee; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a pyrotechnic operator or an assistant to a pyrotechnic operator on a show specific, the person must obtain a certificate of registration for show specific from the State Fire Marshal. To receive a certificate of registration for show specific, an applicant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal and pay the applicable fee;
(c) Meet the minimum requirements for receiving a certificate of registration as an assistant pyrotechnic operator;
(d) Submit to the State Fire Marshal a log that demonstrates that the applicant has worked on at least 50 performances of the show;
(e) Have evidence that he or she has been employed with the show for at least 90 days; and
(f) Have letters of endorsement from:
(1) A holder of a certificate of registration as a pyrotechnic operator; and
(2) A representative of the license holder for the show, including, without limitation, a representative of the hotel or property at which the show is performed or the producer of the show.
2. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011; R123-13, 1-16-2015)
NAC 477.630 Fire performers and apprentice fire performers: Certificate required; qualifications; fee; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a fire performer or an apprentice fire performer, the person must obtain a certificate of registration as a fire performer or an apprentice fire performer, as applicable, from the State Fire Marshal in accordance with NRS 477.223.
2. An applicant for a certificate of registration as a fire performer must:
(a) Satisfy the applicable requirements of NRS 477.223;
(b) Include in the resume described in paragraph (c) of subsection 2 of NRS 477.223, a description of the location where the applicant obtained his or her experience as a fire performer; and
(c) Pay an application fee of $27.50.
3. An applicant for a certificate of registration as an apprentice fire performer must:
(a) Satisfy the applicable requirements of NRS 477.223;
(b) Include in the resume described in paragraph (c) of subsection 2 of NRS 477.223, a description of the location where the applicant obtained his or her experience as an apprentice fire performer;
(c) Submit to the State Fire Marshal:
(1) Proof that the applicant has completed a basic fire performer safety course approved by the State Fire Marshal; and
(2) A notarized letter, signed by a fire performer who is the holder of a certificate of registration as a fire performer issued pursuant to NRS 477.223, which attests that the applicant has completed at least 40 hours of training in fire performance not including the approved basic fire performer safety course; and
(d) Pay an application fee of $27.50.
4. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R062-04, eff. 9-3-2004; A by R090-10, 12-30-2011; R123-13, 1-16-2015)
NAC 477.631 Flame effects assistant: Certificate required; qualifications; fee; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a flame effects assistant to provide flame effects before an audience, the person must obtain a certificate of registration as a flame effects assistant from the State Fire Marshal.
2. An applicant for a certificate of registration as a flame effects assistant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application on the form provided, including the application fee of $31;
(c) Indicate on the application which category of certificate the applicant wishes to obtain, such as natural gas, propane, alcohol, liquid other than alcohol, solids or gel, and include the appropriate fee for that category;
(d) Successfully pass, with a score of at least 75 percent, a preliminary written examination which includes questions concerning basic safety from N.F.P.A. 160, 2016 edition, and this chapter;
(e) Include with the application letters of endorsement from two persons who hold a certificate of registration as a flame effects operator issued by the State Fire Marshal; and
(f) Include with the application a letter from the company which employs the applicant stating that the applicant has worked for the company for at least 90 days or is licensed or certified as a flame effects assistant in good standing by another state recognized by the State Fire Marshal.
3. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-24-90; 2-17-94; R207-99, 2-7-2000; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.633 Flame effects operator: Certificate required; qualifications; fee; expiration and renewal. (NRS 477.030, 477.031)
1. Before a person may act as a flame effects operator to provide flame effects before an audience, the person must obtain a certificate of registration as a flame effects operator from the State Fire Marshal.
2. An applicant for a certificate of registration as a flame effects operator must:
(a) Be a natural person who is at least 21 years of age;
(b) Make an application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal, including the applicable fee;
(c) Indicate on the application the classification for which the applicant is applying, such as natural gas, propane or solids, and include the appropriate fee for that category;
(d) Hold a certificate of registration as a flame effects assistant issued by the State Fire Marshal or be licensed or certified in good standing as a flame effects operator by another state recognized by the State Fire Marshal; and
(e) Submit to the State Fire Marshal a certificate of completion or other such documentation that demonstrates that the applicant has successfully completed a course approved by the State Fire Marshal that pertains to the classification of certification, such as natural gas, propane or solids, sought by the applicant.
3. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011; R077-15, 12-30-2015)
NAC 477.635 Flame effects operator or flame effects assistant: Requirements for renewal of certification. (NRS 477.030, 477.031) A certificate of registration as a flame effects operator or flame effects assistant must be renewed annually. An applicant for the renewal of a certificate of registration as a flame effects operator or flame effects assistant, as appropriate, must submit to the State Fire Marshal:
1. An application for the renewal of the certificate of registration and the applicable fee; and
2. A log which indicates the number of events or performances which the applicant had during the previous 12 months, including, without limitation, events or performances located outside Nevada. To get a certificate of registration renewed, the applicant must, for each classification sought to be renewed, have logged the following number of events or performances during the previous 12 months:
|
Events using propane...................................................................... |
At least two performances |
|
Events using natural gas................................................................. |
At least two performances |
|
Events using alcohol....................................................................... |
At least two performances |
|
Events using liquid, other than alcohol........................................... |
At least two performances |
|
Events using solid fuel.................................................................... |
At least two performances |
|
Events using gel.............................................................................. |
At least two performances |
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R090-10, 12-30-2011; R077-15, 12-30-2015; R132-18, 2-27-2020)
NAC 477.636 Certificates: Categories; authorized acts; expiration and renewal. (NRS 477.030)
1. Certificates of registration for pyrotechnic operators will be issued to successful applicants. Such a certificate of registration permits the registrant to handle, supervise and discharge fireworks and special effects at events held for entertainment whether or not before a live audience. The certificate of registration will be issued for outdoor aerial display, indoor stage, special effects or show specific. Any person igniting fireworks must be at least 21 years of age.
2. A certificate of registration for indoor stage or special effects permits the registrant to handle, supervise and discharge special effects for the purpose of recording the result on film or videotape or for producing a sound effect where no audience is present other than incidental spectators. A registrant in this category may handle, supervise or discharge any class of fireworks if the production of a film or videotape requires their use.
3. A certificate of registration is valid on May 1 or the date on which it is issued, whichever is later. If the holder of a certificate of registration does not submit the renewal application and pay the renewal fee on or before April 30 of the following year, the certificate of registration expires and the person must apply to the State Fire Marshal for an original certificate of registration.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
NAC 477.641 Requirements for renewal; fees. (NRS 477.030, 477.031, 477.033)
1. A licensed firm or registrant who wishes to renew a license or certificate of registration must do so between February 1 and April 30, inclusive.
2. Initial fees for new licenses must be paid in full unless the fees are paid in the final quarter of the licensing year. Initial fees which are paid in the final quarter will be reduced by 50 percent.
3. If a fee for a licensed firm is not paid by the time it is due, a late charge of 12 percent per month will be assessed as an administrative fee for processing and the firm may not perform any work until the entire fee has been paid. The charge will be assessed beginning at the end of the first working day after the fee is due.
4. Fees for the renewal of a certificate of registration, per license class, are as follows:
|
Magician.............................................................................................................. |
$31 |
|
Fire Performer...................................................................................................... |
31 |
|
Duplicate certificate of registration or change of address................................... |
14 |
|
Flame effects operator, propane........................................................................... |
66 |
|
Flame effects operator, natural gas...................................................................... |
66 |
|
Flame effects operator, alcohol............................................................................ |
66 |
|
Flame effects operator, liquid, other than alcohol............................................... |
66 |
|
Flame effects operator, solid................................................................................ |
66 |
|
Flame effects operator, gel................................................................................... |
66 |
|
Flame effects assistant, propane.......................................................................... |
31 |
|
Flame effects assistant, natural gas...................................................................... |
31 |
|
Flame effects assistant, alcohol............................................................................ |
31 |
|
Flame effects assistant, liquid, other than alcohol............................................... |
31 |
|
Flame effects assistant, solid................................................................................ |
31 |
|
Flame effects assistant, gel.................................................................................. |
31 |
|
Pyrotechnic operator, indoor................................................................................ |
66 |
|
Pyrotechnic operator, outdoor.............................................................................. |
66 |
|
Pyrotechnic operator, special effects................................................................... |
66 |
|
Pyrotechnic operator, show specific.................................................................... |
66 |
|
Pyrotechnic assistant, indoor............................................................................... |
31 |
|
Pyrotechnic assistant, outdoor............................................................................. |
31 |
|
Pyrotechnic assistant, special effects................................................................... |
31 |
|
Pyrotechnic assistant, show specific.................................................................... |
31 |
5. To renew a certificate of registration, the holder of the certificate of registration must, for each classification sought to be renewed, have logged the following number of events or performances during the previous 12 months:
|
Outdoor aerial................................................................................ |
At least one performance |
|
Indoor stage................................................................................... |
At least three performances |
|
Special effects................................................................................ |
At least two performances |
|
Show specific................................................................................. |
At least five performances |
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R132-18, 2-27-2020)
NAC 477.646 Disciplinary action; reports of certain incidents; transfer of fireworks, special effects and pyrotechnic devices if license or certificate revoked. (NRS 477.030, 477.033)
1. The State Fire Marshal may suspend, revoke or refuse to renew a license for pyrotechnics or flame effects displays or a certificate of registration for flame effects operators or assistants, magicians or fire performers if the licensee or registrant has caused injuries or permitted a fire hazard at a location at which the licensee or registrant:
(a) Stores, handles or prepares fireworks, flame effects, special effects or pyrotechnic devices; or
(b) Produces or conducts a commercial display of fireworks, flame effects or special effects.
2. If an injury or fire results from an incident involving a display described in subsection 1, the licensee or registrant shall immediately notify the State Fire Marshal by contacting the Department of Public Safety by telephone at (775) 687-0400. The licensee or registrant shall provide the following information to the Department within 3 days after the incident:
(a) The name and telephone number of the licensee or registrant;
(b) The location, date and time of the incident; and
(c) A description of the incident, including, without limitation:
(1) The types of injuries and number of persons injured;
(2) Whether any person has been transported to a medical facility or has received medical care;
(3) Whether any fatalities have occurred and, if so, the number of fatalities; and
(4) Whether a fire occurred and, if so, whether the fire department was contacted or responded to the incident. If a fire occurred, the licensee or registrant shall submit a written report to the State Fire Marshal Division within 5 business days after the incident providing a complete description of the incident.
3. A person whose license or certificate has been revoked must dispose of the fireworks, special effects or pyrotechnic devices in his or her possession within 10 days after receiving written notice to do so by the State Fire Marshal. In complying with this subsection, the licensee or registrant shall transfer the fireworks, special effects or pyrotechnic devices only to a person who is licensed to produce commercial displays of fireworks or who is otherwise permitted to lawfully purchase and possess fireworks or pyrotechnic devices. Upon the transfer of the fireworks, special effects or pyrotechnic devices, the licensee or registrant shall submit a written report to the State Fire Marshal which includes the name, license number, address and telephone number of the person to whom the fireworks, special effects or pyrotechnic devices were transferred.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R132-18, 2-27-2020)
NAC 477.651 Records; reports of theft, loss or disappearance; investigation. (NRS 477.030)
1. Each licensee or registrant shall maintain a complete record of the construction, manufacture, import, export, sale or other disposition for all fireworks and pyrotechnic devices which come into his or her possession. The record must identify the materials by kind or class of fireworks or pyrotechnic composition.
2. Each licensee or registrant shall report the theft, loss or other disappearance of any fireworks, pyrotechnic devices or other pyrotechnic compositions not later than 24 hours after the theft, loss or disappearance to the State Fire Marshal Division and to any local law enforcement agency with jurisdiction. The report must include identification of the quantity, type, kind and class of the missing materials, the location of the loss or disappearance and the circumstances in which the loss or disappearance occurred.
3. The State Fire Marshal and the fire department or law enforcement agency in whose jurisdiction the loss of the fireworks or pyrotechnic devices occurred will investigate the circumstances in which the loss or disappearance occurred and will attempt to recover the missing material.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R220-99, 9-25-2000; R090-10, 12-30-2011; R132-18, 2-27-2020)
NAC 477.661 Prohibited acts; seizure and disposal of fireworks. (NRS 477.030)
1. No person may:
(a) Use or discharge:
(1) A special effect or firework unless the person is a pyrotechnic operator certified by the State Fire Marshal.
(2) A firework of any class or type within 100 feet of stored gasoline or other flammable liquid which is listed as Class I in N.F.P.A. Standard 30, 2018 edition, or any other combustible material.
(b) Display or discharge a firework or display flame effects at a commercial display of fireworks or flame effects in such a manner as to endanger any person or in a county where such commercial displays are prohibited.
(c) Discharge fireworks of any class in a county where the discharge of the fireworks is prohibited.
2. If the authority having jurisdiction believes that fireworks or flame effects which create an imminent danger to life or property will be discharged or displayed in violation of this section, the authority having jurisdiction may, without notice, seize the fireworks or materials, devices, equipment and systems used with the flame effects.
3. The authority having jurisdiction will take and retain possession of fireworks seized in accordance with this section and materials, devices, equipment and systems used with the flame effects seized in accordance with this section during any judicial or administrative proceedings involving the fireworks, material, devices, equipment or systems and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.
4. Any person whose fireworks or materials, devices, equipment and systems used with the flame effects are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks, materials, devices, equipment or systems. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; 8-23-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
Storage
NAC 477.663 General requirements; fees; inspection. (NRS 477.030, 477.031)
1. No person may maintain or permit the existence of a fire hazard at any location under the person’s control where fireworks, flame effects or pyrotechnic compositions are displayed, discharged or stored.
2. A permit issued by the State Fire Marshal is required for the storage of fireworks classified as Division 1.3G, Division 1.4G or Division 1.4S by 18 U.S.C. §§ 841 et seq. and N.F.P.A. Standard 1124, 2017 edition, except for:
(a) Fireworks classified as consumer fireworks that are stored at a retail outlet building for sale as approved by the State Fire Marshal or pursuant to a permit issued by the State Fire Marshal after an inspection of the site is made. As used in this paragraph, “building” means any structure utilized or intended for supporting or sheltering any occupancy.
(b) Fireworks for public display or special effects stored at the site of firing for immediate use.
(c) Storage of material for special effects which weighs less than 10 pounds.
3. Fees for permits for storage that are required pursuant to subsection 2 are as follows:
|
(a) A building for permanent or temporary storage................................................... |
$250 |
|
(b) Type 1 magazine................................................................................................... |
250 |
|
(c) Type 2, 3 or 4 magazine........................................................................................ |
132 |
4. Fireworks must be stored in compliance with the requirements of the International Building Code, 2018 edition, the International Fire Code, 2018 edition, N.F.P.A. Standard 1124, 2017 edition. Material for special effects which weighs less than 750 pounds may be stored in a single-story structure which is fully equipped with fire sprinklers and which otherwise conforms to the requirements for a Type V-A rated building as described in the International Building Code, 2018 edition. Material for special effects which weighs 750 pounds or more must be stored in a magazine approved for that purpose.
5. The State Fire Marshal will, as he or she determines necessary, inspect each site used for storage of fireworks to determine if the fireworks are stored properly according to their class or type.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.666 Seizure and disposal of fireworks. (NRS 477.030)
1. Fireworks stored in violation of NAC 477.571 to 477.666, inclusive, which have become chemically unstable or which are in the possession of a person who is not a licensee or registrant or whose license or certificate has been suspended are hereby declared to be fire hazards and may be seized and disposed of by the authority having jurisdiction. Fireworks which create an imminent threat of danger to life or property may be seized without notice by the State Fire Marshal or the authority having jurisdiction.
2. The officer seizing the fireworks must promptly report to the State Fire Marshal concerning:
(a) The quantity and type of the fireworks seized;
(b) The location where the seizure occurred;
(c) The circumstances prompting the seizure; and
(d) The condition of the containers and fireworks seized. Fireworks that are found to be unstable or incompatible must be destroyed.
3. The authority having jurisdiction will take and retain possession of the seized fireworks during any judicial or administrative proceedings involving the fireworks and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.
4. Any person whose fireworks are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.
5. Fireworks transported in violation of any applicable federal or state law or regulation will be seized and impounded. The explosive load of any impounded firework must not be separated unless necessary to remove unstable or incompatible materials. Materials that are found to be unstable or incompatible will be destroyed at the expense of the owner or possessor, or both.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)
CONTAINERS FOR FLAMMABLE OR COMBUSTIBLE LIQUIDS
NAC 477.680 Sale of portable containers required to comply with certain standard. (NRS 477.030) No person may sell or offer for sale any portable container for use in the storage or transportation of Class I or Class II flammable or combustible liquids unless the container complies with N.F.P.A. Standard 30, 2018 edition.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R062-04, 9-3-2004; R102-08, 9-18-2008; R132-18, 2-27-2020)
USE OF EXPLOSIVES IN BLASTING
NAC 477.710 Certificate required; qualifications; exemptions; fees; renewal of certificate. (NRS 477.030, 477.031, 477.033)
1. Except as otherwise provided in subsection 3, no person may use explosives in blasting operations for commercial construction unless he or she has a certificate of registration for blasting issued by the State Fire Marshal or is under the direct supervision of a person holding such a certificate. An applicant for a certificate of registration for blasting must:
(a) Meet the criteria outlined in section 5601.4 of the International Fire Code, 2018 edition;
(b) Pass a written examination, with a score of at least 75 percent, as determined by the State Fire Marshal;
(c) Pay the applicable fee at the time the applicant submits his or her application;
(d) Submit the following information with the application:
(1) A letter from his or her employer which:
(I) States that the applicant is employed by the employer;
(II) States that the applicant has knowledge of blasting and the safety requirements relating to blasting; and
(III) Requests that the State Fire Marshal issue a certificate of registration for blasting to the applicant;
(2) A current resume;
(3) A copy of each license that is issued by another state and approved by the State Fire Marshal; and
(4) Any other information required by the State Fire Marshal; and
(e) Possess a letter of clearance as a responsible person or possessor of explosives from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
2. The certificate of registration for blasting must be in the possession of the registrant while he or she is performing blasting operations. A registrant must pay the same fee as for an address change for a duplicate of a certificate that has been lost or destroyed.
3. This section does not apply to the use of pyrotechnics governed by other provisions of this chapter or the use of explosives:
(a) By a person engaged in agriculture or ranching for occasional use on his or her property;
(b) By an employee of the State, a local government or the Federal Government who uses explosives for construction in the proper performance of his or her duties; or
(c) In flammable or combustible liquid, in fertilizer and in tools or other devices which are actuated by a propellant.
4. A certificate of registration for blasting must be renewed annually. An applicant for renewal must pay a fee of $66 before the certificate of registration for blasting may be renewed.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.720 Revocation or suspension of certificate. (NRS 477.030)
1. The State Fire Marshal may revoke a certificate of registration for blasting if the registrant:
(a) Knowingly fails or refuses to comply with an applicable order of the State Fire Marshal;
(b) Is convicted of a felony;
(c) Becomes a fugitive from justice;
(d) Violates any standard of safety in the use of explosives;
(e) Suffers any physical or mental infirmity which interferes with his or her ability to handle explosive materials safely;
(f) Willfully misrepresents a material fact in order to obtain the certificate;
(g) Causes or permits a fire hazard to exist where explosives are stored or handled; or
(h) Fails to make a report as required in subsection 4 of NAC 477.730.
2. A certificate of registration for blasting may be suspended during an investigation of any complaint alleging a ground for revocation.
3. The failure of a registrant to make a report pursuant to paragraph (h) of subsection 1 is grounds for immediate revocation of his or her certificate.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A by R132-18, 2-27-2020)
NAC 477.730 Duties of holder of certificate. (NRS 477.030) A holder of a certificate of registration for blasting shall:
1. Immediately notify the State Fire Marshal upon learning of an indictment charging the registrant with a felony;
2. Report the loss or theft of any explosive material to:
(a) The local law enforcement agency; and
(b) The Nevada Threat Analysis Center by submitting a suspicious activity report at the Internet address http://www.NTACNV.org.
3. The reports required pursuant to subsection 2 must include, without limitation, a description of:
(a) The quantity, type, kind and class of explosive material that was the subject of the loss or theft;
(b) The location of the explosive material at the time of the loss or theft; and
(c) The circumstances in which the loss or theft of the explosive material occurred.
4. After an incident involving explosives which created a hazard for any person or property, immediately submit a report to the State Fire Marshal explaining the incident.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A by R132-18, 2-27-2020)
REVIEW OF PLANS
NAC 477.740 Plans subject to review; certificate of compliance required; general requirements. (NRS 477.030)
1. The State Fire Marshal Division shall review any plans concerning the construction, the site and any system for protection from fire to determine if there is compliance with the provisions of this chapter and any adopted codes relating to safety from fire and the protection of life of any:
(a) Building owned or leased by the State;
(b) Facility for public education in a county whose population is 400,000 or more, or when requested by the local building official or administrator of the facility;
(c) Health and care facility or child care facility licensed by the State; and
(d) Building, project for construction or system for protection from fire involving public occupancy, excluding single-family detached dwellings, in any county whose population is less than 100,000, if there is no interlocal agreement between the State Fire Marshal Division and the authority having jurisdiction or for which a request for review is received from the owner or the authority having jurisdiction.
2. All projects requiring review must receive a certificate of compliance with the provisions of this chapter and any adopted codes relating to safety from fire and the protection of life from the State Fire Marshal before the building or structure is occupied. If requested by the local building official, the State Fire Marshal will provide input regarding possible temporary occupancy of the building or structure. A certificate of compliance from the State Fire Marshal may be suspended or revoked by the State Fire Marshal if his or her approval was granted in error or because incorrect information was supplied, or if the State Fire Marshal determines that the project is in violation of any code adopted under this chapter, this regulation or other law.
3. The plans and specifications of the project must be drawn to scale upon substantial paper or cloth and must be of sufficient clarity to indicate the location, nature and extent of the work proposed and to show in detail that it conforms to this chapter and the codes adopted under this chapter. Plans must be drawn, signed and stamped by those persons who are authorized by specific statute and the State Contractors’ Board to draw plans and specifications.
4. A plan which provides for fire stopping must provide details on the technical specifications for the materials used and the testing and listing for those materials.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A 2-17-94; R220-99, 9-25-2000; R102-08, 9-18-2008)
NAC 477.745 Response to deficiencies. (NRS 477.030) A response to any deficiencies noted by the State Fire Marshal as a result of his or her review of a plan pursuant to NAC 477.740 must be submitted to the State Fire Marshal within 14 working days after the notice of deficiencies is received. A contractor who fails to comply with the provisions of this section is subject to delays on the job site as a result of red tagging or any other manner of halting construction.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.750 Fees; review by local government. (NRS 477.030, 477.031)
1. Any plans and specifications submitted to the State Fire Marshal for review must be accompanied by the appropriate fee based upon the proposed cost of construction or if a bid is accepted, the actual bid, according to the following:
|
Valuation Fee |
|
|
|
$1-4,000................................ $73.15 |
|
4,001-5,000............................. 78.98 |
|
5,001-6,000............................. 86.02 |
|
6,001-7,000............................. 93.06 |
|
7,001-8,000........................... 100.10 |
|
8,001-9,000........................... 107.14 |
|
9,001-10,000......................... 114.13 |
|
10,001-11,000........................ 121.11 |
|
11,001-12,000........................ 128.15 |
|
12,001-13,000........................ 135.19 |
|
13,001-14,000........................ 142.23 |
|
14,001-15,000........................ 149.27 |
|
15,001-16,000........................ 156.20 |
|
16,001-17,000........................ 163.24 |
|
17,001-18,000........................ 170.28 |
|
18,001-19,000........................ 176.22 |
|
19,001-20,000........................ 184.36 |
|
20,001-21,000........................ 191.40 |
|
21,001-22,000........................ 198.44 |
|
22,001-23,000........................ 205.37 |
|
23,001-24,000........................ 212.41 |
|
24,001-25,000........................ 219.45 |
|
25,001-26,000........................ 224.51 |
|
26,001-27,000........................ 229.57 |
|
27,001-28,000........................ 234.52 |
|
28,001-29,000........................ 239.58 |
|
29,001-30,000........................ 243.98 |
|
30,001-31,000........................ 249.70 |
|
31,001-32,000........................ 254.65 |
|
32,001-33,000........................ 259.71 |
|
33,001-34,000........................ 264.77 |
|
34,001-35,000........................ 269.83 |
|
35,001-36,000........................ 274.78 |
|
36,001-37,000........................ 279.84 |
|
37,001-38,000........................ 284.90 |
|
38,001-39,000........................ 289.96 |
|
39,001-40,000........................ 294.91 |
|
40,001-41,000........................ 299.97 |
|
41,001-42,000........................ 305.03 |
|
42,001-43,000........................ 310.09 |
|
43,001-44,000........................ 315.04 |
|
44,001-45,000........................ 320.10 |
|
45,001-46,000........................ 325.16 |
|
46,001-47,000........................ 330.22 |
|
47,001-48,000........................ 335.17 |
|
48,001-49,000........................ 340.23 |
|
49,001-50,000........................ 345.29 |
|
50,001-51,000........................ 348.81 |
|
51,001-52,000........................ 352.33 |
|
$52,001-53,000.................... $355.85 |
|
53,001-54,000........................ 359.37 |
|
54,001-55,000........................ 362.78 |
|
55,001-56,000........................ 366.30 |
|
56,001-57,000........................ 369.82 |
|
57,001-58,000........................ 373.34 |
|
58,001-59,000........................ 376.86 |
|
59,001-60,000........................ 380.38 |
|
60,001-61,000........................ 383.90 |
|
61,001-62,000........................ 387.42 |
|
62,001-63,000........................ 390.94 |
|
63,001-64,000........................ 394.46 |
|
64,001-65,000........................ 397.98 |
|
65,001-66,000........................ 401.50 |
|
66,001-67,000........................ 404.91 |
|
67,001-68,000........................ 408.43 |
|
68,001-69,000........................ 411.95 |
|
69,001-70,000........................ 415.47 |
|
70,001-71,000........................ 422.51 |
|
71,001-72,000........................ 426.03 |
|
72,001-73,000........................ 429.55 |
|
73,001-74,000........................ 433.07 |
|
74,001-75,000........................ 436.59 |
|
75,001-76,000........................ 440.11 |
|
76,001-77,000........................ 443.63 |
|
77,001-78,000........................ 447.15 |
|
78,001-79,000........................ 450.56 |
|
79,001-80,000........................ 457.60 |
|
80,001-81,000........................ 461.12 |
|
81,001-82,000........................ 466.84 |
|
82,001-83,000........................ 468.16 |
|
83,001-84,000........................ 471.68 |
|
84,001-85,000........................ 475.20 |
|
85,001-86,000........................ 478.72 |
|
86,001-87,000........................ 482.24 |
|
87,001-88,000........................ 485.76 |
|
88,001-89,000........................ 489.28 |
|
89,001-90,000........................ 492.80 |
|
90,001-91,000........................ 496.21 |
|
91,001-92,000........................ 499.73 |
|
92,001-93,000........................ 503.25 |
|
93,001-94,000........................ 506.77 |
|
94,001-95,000........................ 510.29 |
|
95,001-96,000........................ 513.81 |
|
96,001-97,000........................ 517.33 |
|
97,001-98,000........................ 520.85 |
|
98,001-99,000........................ 524.37 |
|
99,001-100,000...................... 527.89 |
2. If the proposed cost or bid is more than $100,000 but less than $500,000, the fee is $531.41 for the first $100,000 plus $2.69 for each additional $1,000 or fraction thereof of the proposed cost or bid.
3. If the proposed cost or bid is $500,000 or more but less than $1,000,000, the fee is $1,609.41 for the first $500,000 plus $2.37 for each additional $1,000 or fraction thereof of the proposed cost or bid.
4. If the proposed cost or bid is $1,000,000 or more, the fee is $2,780.91 for the first $1,000,000 plus $1.65 for each additional $1,000 or fraction thereof of the proposed cost or bid.
5. If a conference is required for any given project, a fee will be charged at the rate of $55 per hour or any fraction thereof, for each person from the State Fire Marshal’s Office required to attend the conference.
6. If an agreement is reached by a local government and the State Fire Marshal whereby the process for review of the plans is delegated to the local authority, the local authority may use the schedule of fees set forth in this section or a schedule of fees which has been approved by the local authority.
7. If a review of plans by a local government waives or grants a variance of a minimum standard established by the State Fire Marshal or otherwise requires review by the State Fire Marshal, the local government shall require the plans to be submitted to the State Fire Marshal for review. The State Fire Marshal will charge the person on whose behalf the plans are submitted a fee of $55 per hour for each person who participates in the review. The State Fire Marshal will notify the local government of his or her approval or disapproval of the plans upon completion of his or her review.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A 3-9-89; 5-18-94; R207-99, 2-7-2000)
TYPE 1 EXHAUST SYSTEMS
NAC 477.770 Licensing requirements for servicing and cleaning. (NRS 477.030)
1. A license must be obtained from the State Fire Marshal to service and clean Type 1 exhaust system grease ducts. A Type 1 exhaust system grease duct has the meaning ascribed to it in the National Fire Codes.
2. To obtain a license to service and clean a Type 1 exhaust system grease duct, an applicant must:
(a) Submit an application;
(b) Provide a sample stick-on label to be approved by the State Fire Marshal Division pursuant to NAC 477.790; and
(c) Pay the applicable fee.
3. To obtain a certificate of registration to service and clean a Type 1 exhaust system grease duct an applicant must:
(a) Pass an examination administered by the State Fire Marshal, with a score of at least 75 percent;
(b) Submit an application;
(c) Pay the applicable fee;
(d) Submit a letter from the company which employs the applicant stating that the applicant works for the company and has knowledge of cleaning a hood and duct system; and
(e) Establish that the applicant has read and understands N.F.P.A. Standard 96, 2017 edition, section 11.4, and the applicable provisions of this chapter, and is properly equipped to service and clean Type 1 exhaust system grease ducts.
4. A licensed firm that has obtained a license from the State Fire Marshal to service and clean Type 1 exhaust system grease ducts must also be licensed to do business in the city or county in which it is providing this service.
5. Employees of the licensed firm who are not certified may be allowed to assist in the servicing and cleaning of Type 1 exhaust systems if a person certified by the State Fire Marshal is on the premises and directly supervises such work at all times and the certificate of inspection and maintenance is filled out by that certified person who will accept responsibility for the work.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.780 Cleaning contracts and reports; reports of deficiencies; cleaning requirements; duties if contract expires or is not extended. (NRS 477.030)
1. A copy of the cleaning contract and cleaning reports for a Type 1 exhaust system must be maintained at the site where the exhaust system is located and made available to the authority having jurisdiction upon request.
2. After inspecting or cleaning a Type 1 exhaust system, a copy of a report describing any deficiencies found in the system or a notice that service was refused or was extended beyond the limitations of the contract must be sent to the authority having jurisdiction by the close of business the next business day. A report describing any deficiencies must specify all deficiencies that were not corrected during the servicing of the system, including, but not limited to:
(a) Excessive grease;
(b) Inaccessible areas;
(c) Access panels which do not comply with code specifications;
(d) Fans that are not commercial or cleanable; and
(e) Missing filters.
Ê The report must be signed by a person representing the owner of the system.
3. When grease or other residues are present within the hood, ducts or devices for the removal of grease, the system must be cleaned in accordance with N.F.P.A. Standard 96, 2017 edition, section 11.4.
4. If a cleaning contract expires or if a company chooses not to extend a cleaning contract, the licensee must provide written notice to the authority having jurisdiction not later than the close of business the next business day after the contract expires or is not extended.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.790 Attachment and contents of stick-on label regarding servicing; notice and label of impairment; notice and label of deficiency; correction of deficiency. (NRS 477.030)
1. A stick-on label approved by the State Fire Marshal Division must be attached to the hood of a Type 1 exhaust system.
2. The stick-on label must be attached to the system by the last person to work on the system for any purpose. The stick-on label must be punched in an approved manner to indicate the type of service performed on the system and the date. The stick-on label must be signed with a legible signature by the holder of a certificate of registration who directly supervises the work, and such information must remain permanently on the stick-on label. A number stamp or date stamp must not be used on the stick-on label.
3. The stick-on label must be printed by a printing company and include the following information:
(a) A schedule of required service for the system;
(b) The date when the system was last serviced;
(c) The date when the next service is scheduled;
(d) The name and certificate number of the person who last serviced the system;
(e) The name, address and telephone number of the company; and
(f) The number of the license issued by the State Fire Marshal.
4. The stick-on label must be in the following form:
5. If the system remains impaired and the licensed firm does not have the authority to correct the impairment, the word “impairment” must be written across the stick-on label in black letters that are bold. The licensed firm shall notify the property owner and the authority having jurisdiction of the impairment in writing not later than the next business day after completing the work. The stick-on label with the word “impairment” must be in the following form:
6. If a deficiency is discovered in the system, the licensed firm shall notify the property owner of the deficiency in writing. The word “deficiency” must be written across the stick-on label in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving the notice of deficiency, the licensed firm shall submit the notice of deficiency to a fire code official within 2 business days after the 30 calendar days expire. The stick-on label with the word “deficiency” must be in the following form:
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R090-10, 12-30-2011; R132-18, 2-27-2020)
FIRE STANDPIPE SYSTEMS
NAC 477.810 Inspections and reports; notification of impairment or deficiency; correction of deficiency; hydrostatic tests; required tags; supervision of service required. (NRS 477.030)
1. Fire standpipe systems must be inspected annually by a person certified by the State Fire Marshal for fire standpipe systems who works for a firm licensed by the State Fire Marshal to service fire standpipe systems. The annual inspection must conform to the requirements of N.F.P.A. 25, 2017 edition.
2. A copy of the annual inspection report must be maintained on-site or electronically and sent to the owner.
3. If an inspection indicates that additional work is required on a fire standpipe system in order to have the system conform to code requirements, the licensed firm must notify the owner and the authority having jurisdiction of the impairment in writing not later than the next business day after the day of the inspection. A tag must be properly signed, punched and attached. The word “impairment” must be written across the bottom of the tag in black letters that are bold.
4. If an inspection discovers a deficiency in the fire standpipe system, the licensed firm must notify the owner of the deficiency in writing. Upon receiving a notice of deficiency, the owner shall correct the deficiency within 30 calendar days of such receipt. If the owner fails to correct the deficiency within 30 calendar days after receiving notice of the deficiency, the licensed firm must notify the owner and the authority having jurisdiction in writing not later than the next business day after the day the person conducting the inspection determines that the deficiency was not corrected as required.
5. Before hydrostatic tests may be conducted on a fire standpipe system, the installer of the fire standpipe system must notify the authority having jurisdiction in such a manner as to provide the authority having jurisdiction with sufficient time to schedule an appointment so that the authority having jurisdiction can be present when the hydrostatic tests are conducted on the fire standpipe system. Tests must be certified by the licensee as meeting code requirements and a copy of that certification must be maintained on-site. A copy of a report describing any deficiencies in the systems found during the testing must be sent to the authority having jurisdiction.
6. The installer of a fire standpipe system shall place a metal tag on the control valve for the system which states the name of the installing company and the date of the installation.
7. Any work done on the system must be done under the supervision of a person who has a certificate of registration for that work. At the conclusion of the service, test, inspection or installation, the person holding a certificate of registration shall sign and place an approved tag on the system control riser. The tag must be punched in an approved manner to indicate the type of service performed on the system and the date it was performed.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.820 Agreement for maintenance and inspection; duties upon notification of use of or fault in system. (NRS 477.030)
1. Upon installing a fire standpipe system, the owner of the system shall obtain a satisfactory written agreement for the maintenance and inspection of the system. The agreement must require that proper tests and inspections be performed by persons holding proper certificates of registration at the prescribed intervals. A copy of the agreement, along with proof that the firm which is to conduct the inspections is adequately covered by liability insurance, must be submitted to the authority having jurisdiction.
2. Within 24 hours after being notified by the owner that a standpipe has been used or that a fault in a fire standpipe system has occurred, a licensee, installer or service agency that has a service contract with the owner must:
(a) Respond to repair or restore the system;
(b) Notify the authority having jurisdiction of the use of or fault in the standpipe system; and
(c) Submit to the State Fire Marshal evidence that the licensee, installer or service agency has:
(1) The necessary equipment and approved personnel;
(2) The necessary stock of parts and devices;
(3) A valid license issued by the State Contractors’ Board; and
(4) A certification and approval by the manufacturer from whom the equipment is purchased.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000)
NAC 477.830 Submission of plans and specifications; corrected plans; certification of results of hydrostatic tests. (NRS 477.030)
1. Before installing or remodeling a fire standpipe system, the owner of the system shall submit to the authority having jurisdiction:
(a) Design specifications for the system;
(b) A list of materials to be used in the system;
(c) Scale drawings of the remodeling or installation which:
(1) Can be easily reproduced; and
(2) Are of sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system;
(d) A schedule of tests required by the appropriate code; and
(e) Calculations for the flow of water for the proposed system.
2. When substantial change has been made in the plans approved by the authority having jurisdiction for the construction or remodeling of the system, a corrected plan depicting the system as it was built must be submitted, with the appropriate fees, to the authority having jurisdiction for approval within 10 days after the completion of the system.
3. The results of hydrostatic tests of the system must be certified to the authority having jurisdiction and the owner in writing.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.840 Certification of proper installation; metal placard required. (NRS 477.030)
1. Following the installation of a fire standpipe system, the licensee shall submit a letter to the authority having jurisdiction certifying that the system has been installed in accordance with the plans approved by the authority having jurisdiction and all applicable state and local codes.
2. Within 30 days after completing the installation or remodeling of a fire standpipe system, the licensee shall attach a metal placard which must:
(a) Identify all requirements for the hydraulic design.
(b) The number, size and location of system outlets and the calculated discharge of the highest outlet.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R062-04, 9-3-2004)
NAC 477.850 Tag for recording installation, maintenance and inspection; notice and tag of impairment; notice and tag of deficiency; correction of deficiency. (NRS 477.030)
1. A tag for recording the installation, maintenance and inspection of fire standpipe systems must be at least 4 inches long, 2 inches wide and conform to the requirements of NAC 477.470.
2. The holder of a certificate of registration who is supervising the work on a system must be present and directly supervise at all times that work is being done on the system and must sign, date and punch the tag and attach it to the system immediately at the conclusion of testing or completion of the installation. If the system is found to be impaired and the licensee does not have the authority to correct the impairment, the word “impairment” must be written across the face of the tag in black letters that are bold. The licensed firm shall notify the owner and the authority having jurisdiction of the impairment in writing on the next business day after completing the work.
3. If a deficiency is discovered in the system, the licensed firm shall notify the property owner of the deficiency in writing. The word “deficiency” must be written across the tag in black letters that are bold. Upon receiving a notice of deficiency, the property owner shall correct the deficiency within 30 calendar days of such receipt. If the property owner fails to correct the deficiency within 30 calendar days after receiving the notice of deficiency, the licensed firm shall submit the notice of deficiency to a fire code official within 2 business days after the 30 calendar days expire. The tag with the word “impairment” must be at least 4 inches long and 2 inches wide and must be in the following form:
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; R132-18, 2-27-2020)
NAC 477.905 National Fire Incident Reporting System: Reporting requirements. (NRS 477.030) For the purposes of the National Fire Incident Reporting System to be put into effect throughout this State as required by NRS 477.030:
1. All local fire jurisdictions in this State shall report to the United States Fire Administration of the Federal Emergency Management Agency such data required to publish a summary of fire incident information that is compatible with the National Fire Incident Reporting System. Each local fire jurisdiction may designate one or more representative who complies with the reporting requirements of this section on behalf of the local fire jurisdiction.
2. The State Fire Marshal will ensure that the local fire jurisdictions report the data to the United States Fire Administration of the Federal Emergency Management Agency pursuant to subsection 1. Because the State of Nevada has been designated as an “all-incident reporting state,” local fire jurisdictions shall report their statistics at least every quarter and not later than February 1 of the following year.
3. A local fire jurisdiction that is facing technical difficulties in providing information pursuant to this section will receive assistance from the State Program Manager for the National Fire Incident Reporting System within the State Fire Marshal Division.
4. A local fire jurisdiction may use computer-aided programs in reporting its information if the programs have been certified for such use by the United States Fire Administration. A local fire jurisdiction that uses:
(a) A third-party data integration system that has been certified by the United States Fire Administration shall ensure that the system connects to the Bulk Import Utility found on the Internet website of the National Fire Incident Reporting System or has the ability to upload data manually for the local fire jurisdiction.
(b) A data integration system that has been certified by the United States Fire Administration shall report at least every quarter and not later than February 1 of the following year to the United States Fire Administration pursuant to subsection 1.
5. A local fire jurisdiction shall notify the State Fire Marshal of any changes with regard to the creation, alteration of boundaries or dissolution of a fire department within the local fire jurisdiction to ensure continuity of data for the National Fire Incident Reporting System.
6. The State Program Manager for the National Fire Incident Reporting System within the State Fire Marshal Division will release at least every quarter all the data submitted to the United States Fire Administration for this State for the purposes of publishing the report described in subsection 7.
7. Based on the data released pursuant to subsection 6, the State Fire Marshal will publish the annual report of the State’s fire statistics not later than April 15 of the following year and provide a copy of the report, at no charge, to the:
(a) Governor;
(b) Director of the Department of Public Safety; and
(c) All local fire jurisdictions in this State.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000; A by R132-18, 2-27-2020)
MISCELLANEOUS REQUIREMENTS
NAC 477.910 New buildings: Constructed by or for State; owned by State; exemptions. (NRS 477.030)
1. Every new building constructed by or for the State of Nevada must meet or exceed the minimum requirements of this chapter and the codes adopted by the State Fire Marshal.
2. Except as otherwise provided in subsection 3, a new building owned by the State must be equipped with an automatic fire suppression system if the building is:
(a) More than 5,000 square feet in size;
(b) Used for sleeping purposes; or
(c) Otherwise required to be equipped with an automatic fire suppression system pursuant to the International Fire Code, 2018 edition.
Ê Rooms in such a new building which are to be used for sleeping purposes must be equipped with smoke detectors. The smoke detectors must receive their primary power from the building’s wiring, with provision made for the detection of smoke during a power failure.
3. The provisions of subsection 2 do not apply to:
(a) A noncombustible open parking garage as defined in the building and fire codes and standards adopted by reference in NAC 477.281;
(b) A detached noncombustible shade structure; or
(c) Any structure upon which solar power panels are placed if the structure is erected over a parking lot.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.912 State-owned and state-occupied buildings: Classification; inspection schedule; inspection reports. (NRS 477.030)
1. For the purposes of NRS 477.035, the State Fire Marshal will:
(a) Classify a state-owned or state-occupied building as a Class I building if the building meets one or more of the following criteria:
(1) The building is used for sleeping purposes. Such buildings include, without limitation, a prison, conservation camp, residence for a park ranger, dormitories for students of a college or university, and the Governor’s Mansion.
(2) The building is critical to the continuous operation of the State. Such buildings include, without limitation, the Capitol Building in Carson City, the Legislative Building in Carson City, the Supreme Court Building in Carson City, the Grant Sawyer Building in Las Vegas, and the group of buildings in Las Vegas and Carson City which provide central locations for the state agencies that are responsible for emergency operations.
(3) The building is of high value to the infrastructure of the State. Such buildings include, without limitation, the headquarters of the Department of Motor Vehicles, the headquarters of the Department of Transportation, and any building used by the Division of Enterprise Information Technology Services of the Department of Administration for processing data.
(4) The building is used for the storage, handling or processing of large quantities of hazardous materials. Such buildings include, without limitation, the University of Nevada School of Medicine, the buildings used by the Department of Transportation to produce signs, and any building which qualifies as occupancy classification of H as set forth in the building and fire codes and standards adopted by reference in NAC 477.281.
(5) The building is of significant historical value to the State. Such buildings include, without limitation, the former United States Mint Building in Carson City.
(b) Classify a state-owned or state-occupied building as a Class II building if the building meets one or more of the following criteria:
(1) The building is a state office building that is open to the general public and does not meet the criteria for a Class I or Class III building.
(2) The building is used by the Department of Transportation for maintenance and does not meet the criteria for a Class I or Class III building.
(3) The building is a structure of a college or university and does not meet the criteria for a Class I or Class III building.
(c) Classify a state-owned or state-occupied building as a Class III building if the building meets one or more of the following criteria:
(1) The building is not open to the general public for any reason, including, without limitation, because the building is closed or has been vacated for disposal, demolition or rehabilitation, and does not meet the criteria for a Class I building.
(2) The building is located in a remote area, poses a low level of hazards to fire and life safety and does not meet the criteria for a Class I building.
Ê Such buildings include, without limitation, isolated buildings used by the Department of Transportation for the storage of salt or sand and any building used by the Division of State Parks of the State Department of Conservation and Natural Resources, other than any building which meets the criteria for a Class I building.
(d) Inspect or cause the inspection of each Class I building once each fiscal year.
(e) Except as otherwise provided in subsection 2, inspect or cause the inspection of each Class II building once every 2 fiscal years.
(f) Except as otherwise provided in subsection 2, inspect or cause the inspection of each Class III building once every 4 fiscal years.
2. The State Fire Marshal may inspect a state-owned or state-occupied building more often than the schedule set forth in subsection 1 if the State Fire Marshal determines that it is in the best interest of the State to do so.
3. A local authority having jurisdiction that inspects a state-owned or state-occupied building shall submit a copy of the inspection report to the State Fire Marshal Division within 10 working days after the inspection.
(Added to NAC by St. Fire Marshal by R102-08, eff. 9-18-2008; A by R123-13, 1-16-2015)
NAC 477.915 Existing state-owned or state-occupied buildings: Requirements; exceptions; reporting of fires; smoke detectors; penalty for violation of section. (NRS 477.030)
1. Every existing state-owned building must:
(a) Comply with the provisions of NRS 477.100 to 477.170, inclusive;
(b) Meet the requirements of the building code in effect when the building was constructed;
(c) If the building:
(1) Regardless of occupancy designation, has a floor area which exceeds 12,000 square feet on any floor or 24,000 square feet on all floors, including any mezzanines; or
(2) Is designated as an R occupancy,
Ê be scheduled for installation of an automatic fire suppression system during the next remodeling of or addition to the building unless the existing building is included in a designated group of
buildings, a compound or a campus which has a long-term fire protection improvement plan that has been approved by the State Fire Marshal for the installation of automatic fire suppression systems over an agreed period of time;
(d) Meet the requirements for fire flows contained in this chapter and the International Fire Code, 2018 edition; and
(e) Be equipped with noncombustible containers for the disposal of smoking materials in designated smoking areas.
2. Every fire in a state-owned or state-occupied building or area of such a building must be reported immediately to the local fire department, which shall notify the State Fire Marshal of the fire as soon as practicable. A written report of the incident must be filed with the State Fire Marshal Division within 24 hours after the fire. The report must be filed by the state agency affected with the State Fire Marshal, 107 Jacobsen Way, Carson City, Nevada 89711.
3. Upon the failure of a smoke detector which is powered by a battery and installed in a state-owned or state-occupied building, the smoke detector must be replaced by a smoke detector which is connected to the wiring of the building and has a battery as a backup source of power.
4. A person who knowingly violates the provisions of this section is subject to prosecution for a misdemeanor in accordance with NRS 477.250.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.917 Existing buildings and structures: Alterations, repairs, additions or changes of occupancy. (NRS 477.030)
1. The International Existing Building Code, 2018 edition, will be used to determine whether an alteration, repair, addition or change of occupancy of an existing building or structure must comply with the requirements for a new building or structure.
2. Structures existing before November 1, 1994, must comply with the requirements set forth in section 1301.2 of the International Existing Building Code, 2018 edition.
(Added to NAC by St. Fire Marshal by R062-04, eff. 9-3-2004; A by R102-08, 9-18-2008; R123-13, 1-16-2015; R132-18, 2-27-2020)
NAC 477.920 Commercial buildings in rural regions. (NRS 477.030)
1. Unless otherwise required by state statute or regulation or local ordinance, a new commercial building that has more than 5,000 square feet of floor space must be equipped with an automatic fire suppression system if:
(a) The community or area where the building is located is not served by a water system or utility or cannot produce the required fire flow;
(b) The community or area is not served by an organized fire department that is capable of responding to the report of an alarm at the building within 10 minutes;
(c) The building is not served by a fire apparatus access road; or
(d) The community or area does not meet the requirements of chapter 445A of NAC.
2. An increase in floor space area that is allowed by section 503 of the International Building Code, 2018 edition, must be approved by the authority having jurisdiction when a system is installed in compliance with this section.
3. As used in this section:
(a) “Fire apparatus access road” has the meaning ascribed to it in section 503.1 of the International Fire Code, 2018 edition.
(b) “Organized fire department” means a fire department that is capable of producing a fire flow of not less than 500 gallons per minute for 30 minutes using pumper tanker operations.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R123-13, 1-16-2015; R132-18, 2-27-2020)
PRACTICE BEFORE DIVISION
Hearings
NAC 477.930 Definitions. (NRS 233B.050, 477.085) As used in NAC 477.930 to 477.997, inclusive, unless the context otherwise requires, the words and terms defined in NAC 477.933, 477.935 and 477.937 have the meanings ascribed to them in those sections.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.933 “Hearing officer” defined. (NRS 233B.050, 477.085) “Hearing officer” means the State Fire Marshal or any person designated by the State Fire Marshal to conduct a hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.935 “Party” defined. (NRS 233B.050, 477.085) “Party” means the petitioner or the Division.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.937 “Petitioner” defined. (NRS 233B.050, 477.085) “Petitioner” means a person who requests a hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.940 Scope. (NRS 233B.050, 477.085) NAC 477.930 to 477.997, inclusive, provide procedures for any hearing authorized by statute to be conducted by the Division.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.943 Investigation; notice of alleged violations; administrative hearing. (NRS 477.030, 477.085)
1. When the State Fire Marshal, the Division or its investigators receive written notice alleging fraud, misrepresentation, malpractice, incompetence, gross negligence or reckless disregard of public safety on the part of any person licensed or certified under this chapter, the State Fire Marshal or the investigators of the Division will conduct an investigation of the allegations. The investigation will concentrate on violations of this chapter, deceptive trade practices as set forth in chapter 598 of NRS and other pertinent criminal and civil violations set forth in NRS. The use of any unauthorized, faulty or otherwise unacceptable equipment discovered during an investigation may be prohibited pending a final determination. A license or certificate will be suspended during an investigation if the investigation reveals conditions which the State Fire Marshal considers an imminent threat to public safety.
2. Pursuant to an investigation conducted pursuant to subsection 1, an investigator of the Division may issue a notice of alleged violations against a respondent for such issues. The notice of alleged violations must include:
(a) A statement of the time, place and nature of the administrative hearing to address the notice of alleged violations.
(b) A short and plain statement of the type of administrative action that might be taken upon an adverse finding against the respondent at the administrative hearing, including, without limitation, the refusal to issue or renew, or the suspension or revocation of, a certificate of registration or license by the State Fire Marshal.
(c) A short and plain statement of the legal authority and jurisdiction under which the administrative hearing is to be held.
(d) A reference to the particular sections of the statutes and regulations involved and upon which the notice of alleged violations is based.
(e) A short and plain statement of the matters asserted.
3. A person who has been issued a notice of alleged violations may appear at the administrative hearing and defend against the alleged violations, including by the presentation of evidence and argument on all issues involved.
4. The hearing officer shall preside over the administrative hearing, pursuant to which the hearing officer shall issue a final decision.
5. Decisions of the hearing officer may be appealed to the Board if written notice of such an appeal is received within 10 days after receipt of the decision.
6. The failure on the part of an applicant to pass tests required in this chapter does not constitute grounds to request a hearing and may not be appealed to the Board.
7. If, upon appeal, the Board finds that the hearing officer reached a correct decision, the Board may require restitution to the Division for the costs of the administrative hearing and the appeal. If, upon appeal, the Board finds that the respondent is guilty of a lesser offense, the State Fire Marshal, the hearing officer or the Board may require the respondent to receive further training, to be retested and to pay restitution to the Division for the costs of the administrative hearing and the appeal, or any combination thereof.
8. The scheduling or holding of a hearing, or appeal before the Board, does not preclude the State Fire Marshal from proceeding with a criminal investigation. Any conviction resulting from a criminal investigation may be used as prima facie evidence in any hearing or appeal.
[St. Fire Marshal, §§ 1.1001-1.1005, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; A by St. Bd. of Fire Services by R124-13, 6-26-2015)—(Substituted in revision for NAC 477.320)
NAC 477.945 Appearances and representation of parties. (NRS 233B.050, 477.085)
1. Appearances and representation of parties must be as follows:
(a) A party is entitled to appear in person or be represented by his or her attorney.
(b) One of the partners may appear for a partnership.
(c) A corporate officer or an authorized regular employee of the corporation may appear for a corporation.
(d) An authorized officer, agent or employee of a municipal corporation may appear for the municipal corporation.
(e) A bona fide officer or an authorized officer or employee of an association may appear for the association.
2. An attorney appearing as counsel in any proceedings must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he or she must be associated with an attorney licensed in Nevada in a manner consistent with the procedure established for such attorneys to appear as counsel in the courts of this State.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.947 Formal pleadings not required. (NRS 233B.050, 477.085) Unless otherwise required by NAC 477.930 to 477.997, inclusive, formal written pleadings are not required, but a party may file with the hearing officer written points and authorities supporting his or her position.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.950 Correspondence; service of documents; inspection of documents. (NRS 233B.050, 477.085)
1. All correspondence regarding a hearing must be addressed to the Office of the State Fire Marshal Division at 107 Jacobsen Way, Carson City, Nevada 89701.
2. All documents shall be deemed served on:
(a) The State Fire Marshal when received by the Office at the address in subsection 1;
(b) A petitioner when they are mailed to the petitioner at the address specified in the request for a hearing or, if one is not specified, to his or her last known address as shown on the records of the Division; and
(c) The State Fire Marshal when received by the legal office of the Division in the matter of an appeal of a decision by a hearing officer to a district court of this State.
3. A petitioner may inspect, before the hearing, all documents which may be considered by the hearing officer as part of the case presented by the Division. The petitioner may have a copy made of a document originating from the Division upon payment of a fee to reimburse the Division for the cost of providing the copy.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.953 Postponement of hearings. (NRS 233B.050, 477.085)
1. A party may request a change of the date for the hearing. If the hearing officer grants a postponement of the hearing, a new date will be set which is not more than 30 days after the date scheduled for the first hearing except for good cause.
2. Except for good cause, the request for a postponement of the hearing must:
(a) Be in writing;
(b) State the reason for the postponement; and
(c) Be received by the hearing officer not later than 5 days before the scheduled hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.955 Failure to appear. (NRS 233B.050, 477.085)
1. Where the State Fire Marshal has served the petitioner with a notice of the time and place of the hearing and neither the petitioner nor the petitioner’s attorney appears and that failure to attend is without good cause, the failure to attend constitutes a default.
2. A default taken pursuant to subsection 1 will have the effect of a finding of guilt and result in the imposition of administrative penalties as determined by the State Fire Marshal or the hearing officer.
3. The State Fire Marshal or the hearing officer may conduct a hearing in the absence of the petitioner at the time a default is taken to establish findings of fact or for other purposes, including, without limitation, to assess appropriate penalties, punitive action and other administrative actions.
4. If the failure to appear was for good cause, the party may, within 10 business days, make a new request for a hearing. The State Fire Marshal or the hearing officer will determine whether the failure to appear was for good cause and, if so, grant a new hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.957 Prehearing conference. (NRS 233B.050, 477.085)
1. A prehearing conference may be held, upon the motion of the hearing officer or upon the motion of any party, to formulate or simplify the issues, obtain admissions of fact and of documents which will avoid unnecessary proof, arrange for the exchange of proposed exhibits or prepared expert testimony, limit the number of witnesses, and consider any other matters which may expedite orderly conduct and disposition of the proceedings or a settlement of the matter.
2. Notice of the prehearing conference will be served on each party at least 7 days before the date set for the conference.
3. The action taken at the conference and the agreements made there by the parties will be made a part of the record and must be approved by the parties. When approved, the action controls the course of subsequent proceedings, unless otherwise stipulated by each party with the consent of the hearing officer.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.960 Hearing officer; record. (NRS 233B.050, 477.085) Every hearing will be conducted before a hearing officer and the oral proceedings recorded by equipment for recording sound. The record will be retained for a period of 90 days after the date of the decision. A certified copy of the taped record will be made available to a party upon written request to the State Fire Marshal. The requesting party shall pay the cost of producing the copy.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.963 Behavior at hearing. (NRS 233B.050, 477.085) If any person behaves in such a manner as to interfere with the orderly conduct of the hearing, the hearing officer will warn the person to cease the improper behavior. The warning will be part of the record. If the improper behavior continues or resumes, the hearing officer will exclude that person from the hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.965 Hearing conducted by Division: Manner of taking testimony; where conducted. (NRS 233B.050, 477.085) Notwithstanding any specific statute to the contrary, with regard to any hearing required to be conducted by the Division pursuant to this chapter:
1. The testimony of any party or witness may be taken by telephone, videoconference or other electronic means; and
2. The hearing may be conducted at any location so long as the hearing officer allows each party and witness to testify by telephone, videoconference or other electronic means.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.967 Presentation of evidence. (NRS 233B.050, 477.085)
1. In all hearings, unless otherwise ordered by the hearing officer, the Division will present its evidence first and has the right of rebuttal.
2. When an objection is made to the admissibility of evidence, the evidence will be received subject to a ruling by the hearing officer.
3. The affidavit of any person may be admitted into evidence. All parties have the right to present evidence to rebut the contents of any affidavit.
4. Witnesses may be questioned by the hearing officer. The hearing may be recessed by the hearing officer when necessary.
5. The hearing officer will adjourn the hearing for the submittal of further evidence or to hear further testimony when justice would not be served otherwise, and will adjourn the hearing at the request of any party for good cause shown, but for not more than 30 days after the date scheduled for the first hearing, except for cause.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.970 Fees and expenses of witnesses. (NRS 233B.050, 477.085)
1. Any witness appearing on behalf of the Division or testifying on behalf of the Division, except a party or an officer or employee of this State testifying during his or her regular hours for work, is entitled to receive the same fees and expenses as are provided for witnesses in NRS 50.225.
2. A party other than the Division requesting the appearance of a witness shall pay the fees and expenses of the witness as are provided for witnesses in NRS 50.225.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.973 Consolidation. (NRS 233B.050, 477.085) The State Fire Marshal may consolidate two or more proceedings in one hearing when it appears that the issues are substantially the same and the rights of the parties will not be prejudiced by the consolidation.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.975 Briefs; oral argument. (NRS 233B.050, 477.085)
1. Briefs which have been ordered by the hearing officer must be filed within the time allowed by the hearing officer and must be accompanied by an acknowledgment or affidavit showing service of the brief on the other parties.
2. Oral argument may be allowed in support of written briefs or presentation of the case.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.977 Rehearing. (NRS 233B.050, 477.085)
1. If a petition for judicial review of the decision has not been filed, upon written application by a party within 20 days after service of a copy of the decision, a rehearing may be ordered upon such terms and conditions as the hearing officer considers just and proper. The application will not be granted except upon a showing that:
(a) A party was not properly served with a notice to appear; or
(b) There is additional evidence which is material and good cause existed for the failure to present that evidence at the hearing.
2. The application must be supported by an affidavit of the party or his or her counsel showing cause for failing to appear or failing to present the evidence at the hearing.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
Disciplinary Action
NAC 477.980 Order for corrective action: Determination of whether to include order in administrative citation. (NRS 477.085) In addition to any other factors that the State Fire Marshal or the Board uses to determine whether an administrative citation issued pursuant to NRS 477.240 should include an order for corrective action, the State Fire Marshal or the Board will consider:
1. The willingness of the owner of the affected property to allow such corrective action; and
2. A determination by the State Fire Marshal or his or her designee that the person to whom the administrative citation was issued is able to perform the corrective action.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.981 Order for corrective action: Determination of time permitted for compliance. (NRS 477.085) In determining the time permitted for compliance with an order for corrective action, as required to be stated in a written citation pursuant to NRS 477.240, the State Fire Marshal or the Board will determine the time for compliance with the order by considering, without limitation:
1. The accepted industry practice regarding the performance of the work necessary to comply with the order for corrective action, in the climate or weather conditions of the area in which the affected property is located.
2. The number of days during which the owner of the affected property will make the property available for the person to whom the administrative citation was issued to comply with the order for corrective action.
3. The time necessary to obtain materials required for the person to whom the administrative citation was issued to comply with the order for corrective action.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.983 Order for corrective action: Extension of time for compliance. (NRS 477.085)
1. A person who is issued an administrative citation pursuant to NRS 477.240 which includes an order for corrective action may request an extension of time to comply with the order.
2. A request for an extension made pursuant to this section must:
(a) Be submitted in writing to the State Fire Marshal;
(b) Set forth an explanation of the efforts made by the person to comply with the order for corrective action; and
(c) Be received by the State Fire Marshal or his or her designee before the expiration of the time allowed for compliance with the order set forth in the citation.
3. The State Fire Marshal or his or her designee may, upon a showing of good cause, grant a request for an extension made pursuant to this section. The State Fire Marshal shall report to the Board at its next regularly scheduled meeting all requests for an extension of time that were made and granted under this section.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.985 Order for corrective action: Responsibility of person cited for performance by hired licensee. (NRS 477.085) If a person who is issued an administrative citation pursuant to NRS 477.240 which includes an order for corrective action hires and pays a licensee to perform the corrective action, the cited person is responsible for any failure of the hired licensee to comply with the order for corrective action included in the citation.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.987 Administrative citation: Service; contents. (NRS 477.085) A written administrative citation issued pursuant to NRS 477.240 may be served by personal service on the person named in the administrative citation, or a designated representative thereof, or by certified mail to the address of record of the person and must include, to the extent applicable:
1. The name and last known business or residential address of the person;
2. A numbered identification of the person, if applicable;
3. The date on which the citation is issued;
4. The number of the citation;
5. A list of the sections of this chapter or any applicable chapter of NRS which the person is alleged to have violated and a description of the alleged violation;
6. Corrective actions, if any, ordered against the person;
7. Administrative fines, if any, to be assessed against the person;
8. The reimbursement costs, if any, which the person is ordered to pay to cover the costs of any investigation;
9. The date by which the person must complete any corrective actions ordered;
10. The date by which the person must pay any administrative fines or reimbursement of investigative costs;
11. A description of the manner in which the person may contest the citation, including, without limitation, the period during which the person may contest the citation and the consequences of failing to contest the citation timely;
12. The signature of the State Fire Marshal or his or her designee or the Chair of the Board; and
13. Any other information required by the State Fire Marshal or the Board.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.990 Administrative citation: Withdrawal. (NRS 477.085) A written administrative citation issued pursuant to NRS 477.240 may be withdrawn:
1. By the Board at any time.
2. By the State Fire Marshal:
(a) Before the citation is deemed a final order of the Board pursuant to NRS 477.245; or
(b) If the cited person contests the citation, before the commencement of the hearing on the contest of the citation.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.991 Administrative fine: Specification of violation; amount. (NRS 477.085, 477.240)
1. If the State Fire Marshal or his or her designee or the Board issues an administrative citation pursuant to NRS 477.240 which includes an administrative fine, each such fine assessed by the State Fire Marshal or his or her designee or the Board must:
(a) Specify the violation for which the person is being cited; and
(b) Be based on the number of occurrences in which the person has been found to have committed the same violation within the most recent 24-month period preceding the last occurrence.
2. In addition to the requirements set forth in subsection 1, if an administrative fine is assessed:
(a) Against a person who holds, or is required to hold, a certificate of registration pursuant to this chapter and chapter 477 of NRS, subject to the provisions of subsection 3, the fine must be in an amount which is not less than the amount specified for a first offense or more than the amount specified for a third or subsequent offense, as follows:
|
Violation |
First Offense |
Second Offense |
Third or Subsequent Offense |
|
|
|
|
|
|
$55 |
$250 |
$500 |
|
|
100 |
500 |
1,000 |
|
|
Any section of chapter 477 of NRS not otherwise specified |
100 |
5,000 |
50,000 |
|
Subsections 1 to 7, inclusive, of NAC 477.300 |
5,000 |
15,000 |
50,000 |
|
Subsection 8 of NAC 477.300 |
10,000 |
30,000 |
50,000 |
|
Subsection 9 of NAC 477.300 |
5,000 |
15,000 |
50,000 |
|
Subsection 10 or 11 of NAC 477.300 |
10,000 |
30,000 |
50,000 |
|
10,000 |
25,000 |
50,000 |
|
|
10,000 |
25,000 |
50,000 |
|
|
1,000 |
5,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
100 |
500 |
1,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
20,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
1,000 |
5,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
Subsection 1 of NAC 477.993 |
10,000 |
30,000 |
50,000 |
|
Subsection 2 of NAC 477.993 |
10,000 |
25,000 |
50,000 |
|
Any section of chapter 477 of NAC not otherwise specified |
100 |
5,000 |
50,000 |
(b) Against a person who is licensed, or is required to be licensed, as a licensed company pursuant to this chapter and chapter 477 of NRS, subject to the provisions of subsection 3, the fine must be in an amount which is not less than the amount specified for a first offense or more than the amount specified for a third or subsequent offense, as follows:
|
Violation |
First Offense |
Second Offense |
Third or Subsequent Offense |
|
|
|
|
|
|
$55 |
$250 |
$500 |
|
|
100 |
500 |
1,000 |
|
|
Any section of chapter 477 of NRS not otherwise specified |
$100 |
$5,000 |
$50,000 |
|
Subsections 1 to 7, inclusive, of NAC 477.300 |
10,000 |
30,000 |
50,000 |
|
Subsections 8 to 11, inclusive, of NAC 477.300 |
25,000 |
40,000 |
50,000 |
|
30,000 |
40,000 |
50,000 |
|
|
10,000 |
25,000 |
50,000 |
|
|
1,000 |
5,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
100 |
500 |
1,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
20,000 |
40,000 |
50,000 |
|
|
20,000 |
40,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
20,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
5,000 |
15,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
10,000 |
30,000 |
50,000 |
|
|
Subsection 1 of NAC 477.993 |
40,000 |
45,000 |
50,000 |
|
Subsection 2 of NAC 477.993 |
30,000 |
40,000 |
50,000 |
|
Any section of chapter 477 of NAC not otherwise specified |
100 |
5,000 |
50,000 |
3. The State Fire Marshal or his or her designee or the Board will increase the number of offenses by one and assess a fine applicable to that number of offenses as listed in subsection 2 only if the violation or violations have caused injury or death to other persons.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.993 Refusal, suspension or revocation of license; grounds. (NRS 477.030, 477.085)
1. The State Fire Marshal, or the Board upon appeal of a decision of the State Fire Marshal, may refuse to issue or renew, or may suspend or revoke, any certificate of registration or license if he or she determines that an applicant, licensee or registrant has:
(a) Obtained or attempted to obtain a license or certificate of registration by fraud, misrepresentation or falsifying information required on an application form.
(b) Engaged in any act of dishonesty in connection with any test administered by or on behalf of the State Fire Marshal or any local fire agency or department of any jurisdiction of any state.
(c) Been found by a court of law or an administrative agency of any state to have committed malpractice or incompetence in the practice of the applicant’s, licensee’s or registrant’s trade, craft or profession.
(d) Failed to obtain the necessary tools or materials required by the State Fire Marshal for performing the work for which the license was issued.
(e) Failed to pay the annual fees for renewal of a license or certificate of registration.
(f) Violated any provision of this chapter three or more times within a 12-month period, except that a single violation of any provision of this chapter that is determined to constitute gross negligence or reckless disregard for public safety constitutes grounds for the refusal to issue or renew, or the suspension or revocation of, any certificate of registration or license.
(g) Submitted payment for a license or certificate upon an account which has insufficient funds.
(h) Been convicted of a felony.
(i) Refused to cooperate with the State Fire Marshal or the Board in an investigation.
(j) Created an imminent hazard to life. For the purposes of this paragraph, an “imminent hazard to life” exists when:
(1) A system to detect, suppress or protect against fire is reduced to less than 80 percent of its design standard by an action, whether malicious or not, of a licensee or holder of a certificate of registration; or
(2) A fire appliance or device is made nonfunctional because more than 20 percent of the appliances or devices provided to a building or area become nonfunctional because of the improper service of a licensee or the holder of a certificate of registration.
(k) Agents or principals who have violated the provisions of this subsection.
2. The State Fire Marshal, or the Board upon appeal of a decision of the State Fire Marshal, may revoke or suspend any certificate of registration or license if he or she determines that:
(a) It has been used by a person other than the person to whom it was issued.
(b) It has been used for a location other than that for which it was issued.
(c) It has been used for work other than that for which it was issued.
(d) Any of the conditions or limitations set forth in the license have been violated.
(e) The person to whom the certificate or license was issued did not have the certificate or license on-site where work was being performed under the certificate or license, or failed to present the certificate or license upon the request of an authority having jurisdiction.
3. The State Fire Marshal, or the Board upon appeal of a decision of the State Fire Marshal, may require any licensee or registrant who violates the provisions of this section to:
(a) Attend additional training courses approved by the State Fire Marshal; or
(b) Serve a period of probation.
4. All licenses and certificates of registration remain the property of the State Fire Marshal and may not be suspended or revoked by any other person.
5. For the purposes of this section:
(a) A period of probation may not exceed 24 months.
(b) A revocation is permanent and applies to any person who is found to be an accomplice to a violation, whether directly or indirectly.
(c) A suspension may not exceed 24 months.
[St. Fire Marshal, §§ 1.901 & 1.902, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; R220-99, 9-25-2000; R090-10, 12-30-2011; A by St. Bd. of Fire Services by R124-13, 6-26-2015)—(Substituted in revision for NAC 477.315)
NAC 477.995 Procedures for review of actions by the Division. (NRS 233B.050, 477.085) Any person who has reason to believe that an action by the Division or one or more staff members has been incorrect, or based on inadequate knowledge, may seek relief by the following procedures:
1. First, reliance must be placed on informal discussion with the staff member and the chief of the bureau which is concerned with the program in question.
2. If this discussion does not resolve the problem, an informal conference may be requested by letter to the Chief of the Division. The conference must be held at a place and time mutually agreed upon. The Chief of the Division and the chief of another bureau, to be designated by the
State Fire Marshal, will be present. A written summary of the conference will be prepared. This summary will include a brief resume of the matters discussed, and the conclusions and recommendations which resulted from the conference.
3. This section does not apply if there are statutes or regulations of the State Fire Marshal providing appellate procedures for a particular issue.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)
NAC 477.997 Procedures for declaratory orders and advisory opinions. (NRS 233B.050, 477.085)
1. Any person with a direct and tangible interest who desires a declaratory order or advisory opinion regarding the applicability of any statutory provision or of a regulation or decision of the Division may petition by letter to the State Fire Marshal. Four copies of the petition must be submitted.
2. The State Fire Marshal will issue a declaratory order or an advisory opinion and mail it to the petitioner within 30 days after the petition is received.
(Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)