[Rev. 11/21/2013 11:57:41
AM--2013]
TITLE 42 - PROTECTION FROM FIRE; EXPLOSIVES
CHAPTER 472 - STATE FORESTER FIREWARDEN
NRS 472.010 Appointment.
NRS 472.020 Qualifications.
NRS 472.025 Classification;
restrictions on other employment.
NRS 472.040 Powers
and duties; administrative supervision.
NRS 472.041 Enforcement
of regulations relating to reduction of vegetation around structures.
NRS 472.043 Establishment
and preservation of forest and vegetative cover in forest and watershed.
NRS 472.050 Cooperative
agreements with Federal Government for protection from fire; related
agreements; deposit of federal money.
NRS 472.060 Fire
protection districts and counties may enter into cooperative agreements with
State Forester Firewarden; expenditure of money.
NRS 472.070 Separate
or collective agreements with United States Forest Service and United States
Bureau of Land Management; disbursement of money.
NRS 472.080 Cancellation,
modification and renewal of cooperative agreements.
NRS 472.090 District
or county fire coordinator to be appointed by county; supervision of State
Forester Firewarden.
NRS 472.100 Fire
retardant roofing material to be used in areas designated as fire hazardous;
notice of standards; enforcement; penalty.
NRS 472.105 Required
consultation before adoption of regulations concerning buildings or structures.
NRS 472.110 Meals
may be provided to employees during emergency.
NRS 472.120 Elimination
of fire hazards.
_________
NRS 472.010 Appointment. There
is hereby created the position of State Forester Firewarden. The State Forester
Firewarden shall be appointed by and be responsible to the Director of the
State Department of Conservation and Natural Resources.
[1:149:1945; 1943 NCL § 3169]—(NRS A 1957, 650)
NRS 472.020 Qualifications. The
State Forester Firewarden must be:
1. A graduate of a recognized school of
forestry, or the equivalent.
2. Trained in fire control work.
[Part 2:149:1945; 1943 NCL § 3169.01] + [39:295:1953;
A 1955, 517]—(NRS A 1957, 650)
NRS 472.025 Classification; restrictions on other employment.
1. The State Forester Firewarden is in the
unclassified service of the State.
2. Except as otherwise provided in NRS 284.143, the State Forester Firewarden
shall devote his or her entire time and attention to the business of his or her
office and shall not pursue any other business or occupation or hold any other
office of profit.
(Added to NRS by 1959, 788; A 1960, 395; 1961, 657;
1963, 1332; 1965, 705; 1967, 1500; 1971, 1439; 1981, 1282; 1995, 2315)
NRS 472.040 Powers and duties; administrative supervision.
1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry and
watershed work on state-owned and privately owned lands, including fire
control, in Nevada, working with federal agencies, private associations,
counties, towns, cities or private persons.
(b) Administer all fire control laws and all
forestry laws in Nevada outside of townsite boundaries, and perform any other
duties designated by the Director of the State Department of Conservation and
Natural Resources or by state law.
(c) Assist and encourage county or local fire
protection districts to create legally constituted fire protection districts
where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the
State where the construction of buildings on forested lands creates such a fire
hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to
standards for fire retardant roofing materials to be used in the construction,
alteration, change or repair of buildings located within the boundaries of fire
hazardous forested areas.
(f) Purchase communication equipment which can
use the microwave channels of the state communications system and store this
equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants
awarded for fire prevention, fire control and the education of firefighters and
award grants of money for those purposes to fire departments and educational
institutions in this State.
(h) Determine the amount of wages that must be
paid to offenders who participate in conservation camps and who perform work
relating to fire fighting and other work projects of conservation camps.
(i) Cooperate with the State Fire Marshal in the
enforcement of all laws and the adoption of regulations relating to the
prevention of fire through the management of vegetation in counties located
within or partially within the Lake Tahoe Basin and the Lake Mead Basin.
(j) Assess the codes, rules and regulations which
are adopted by other agencies that have specific regulatory authority within
the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the
authority of a state or local fire agency, for consistency with fire codes,
rules and regulations.
(k) Ensure that any adopted regulations are
consistent with those of fire protection districts created pursuant to chapter 318, 473
or 474 of NRS.
(l) Upon the request of the State Engineer,
review a plan submitted with an application for the issuance of a temporary
permit pursuant to NRS 533.436.
2. The State Forester Firewarden in
carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to
enforce the provisions of the laws of this State respecting forest and
watershed management or the protection of forests and other lands from fire,
subject to the approval of the board of county commissioners of each county
concerned.
(b) Appoint suitable citizen-wardens.
Citizen-wardens serve voluntarily except that they may receive compensation
when an emergency is declared by the State Forester Firewarden.
(c) Appoint, upon the recommendation of the
appropriate federal officials, resident officers of the United States Forest
Service and the United States Bureau of Land Management as voluntary
firewardens. Voluntary firewardens are not entitled to compensation for their
services.
(d) Appoint certain paid foresters or firewardens
to be arson investigators.
(e) Employ, with the consent of the Director of
the State Department of Conservation and Natural Resources, clerical
assistance, county and district coordinators, patrol officers, firefighters,
and other employees as needed, and expend such sums as may be necessarily incurred
for this purpose.
(f) Purchase, or acquire by donation, supplies,
material, equipment and improvements necessary to fire protection and forest
and watershed management.
(g) With the approval of the Director of the
State Department of Conservation and Natural Resources and the State Board of
Examiners, purchase or accept the donation of real property to be used for
lookout sites and for other administrative, experimental or demonstration
purposes. No real property may be purchased or accepted unless an examination
of the title shows the property to be free from encumbrances, with title vested
in the grantor. The title to the real property must be examined and approved by
the Attorney General.
(h) Expend any money appropriated by the State to
the Division of Forestry of the State Department of Conservation and Natural
Resources for paying expenses incurred in fighting fires or in emergencies
which threaten human life.
3. The State Forester Firewarden, in
carrying out the powers and duties granted in this section, is subject to
administrative supervision by the Director of the State Department of
Conservation and Natural Resources.
[4:149:1945; A 1949, 543; 1955, 587]—(NRS A 1957, 70,
651; 1959, 141; 1971, 2080; 1973, 300; 1977, 1144; 1981, 481, 1586; 1985, 296; 1993, 2534; 2003, 916; 2005, 335; 2009, 2746;
2011, 1570)
NRS 472.041 Enforcement of regulations relating to reduction of vegetation
around structures.
1. The State Forester Firewarden may:
(a) In a district formed pursuant to NRS 473.034; and
(b) In an area designated pursuant to paragraph
(d) of subsection 1 of NRS 472.040, including,
without limitation, any land within the 1/2-mile radius surrounding such an
area,
Ê enforce all
regulations relating to the reduction of brush, dense undergrowth and other
vegetation around and adjacent to a structure to reduce the exposure of the
structure to fire and radiant heat and increase the ability of firefighters to
protect the structure.
2. The enforcement of these provisions
must permit the planting of grass, trees, ornamental shrubbery or other plants
used to stabilize the soil and prevent erosion so long as the plants do not
form a means of rapidly transmitting fire from native growth to any structure.
(Added to NRS by 1985, 2120; A 2009, 2747)
NRS 472.043 Establishment and preservation of forest and vegetative cover in
forest and watershed.
1. It is the purpose of this section to
provide for the maintenance of forest and vegetative cover on forest and
watershed land, to conserve water and soil and to prevent destructive floods.
2. The State Forester Firewarden, with the
approval of the Director of the State Department of Conservation and Natural
Resources, may:
(a) Enter into contracts with any state or
federal public agency, municipal corporation, or any person, firm or private
corporation to establish and preserve forest and vegetative cover on forest or
watershed lands.
(b) Conduct surveys and studies, formulate plans
and perform all acts incidental to the establishment and maintenance of forest
and vegetative cover on forest and watershed lands, including any work
necessary to accomplish such purposes.
3. In entering into contracts the State
Forester Firewarden shall give priority to, but not be limited to, situations
where:
(a) The natural vegetative cover has been
destroyed or denuded to the extent that precipitation may create floods and
serious soil depletion and erosion.
(b) The denuded area is of a size, and the
topography and soil characteristics are of such a nature, that soil loss and
floods will have a significant effect upon watershed values and the public
welfare.
(c) The vegetative cover will not be restored by
natural means in time effectively to prevent undue erosion and flood runoff.
(d) The natural succession of vegetation may be
detrimental to the public welfare.
4. The State Forester Firewarden, or any
agents of the State Forester Firewarden, with the approval of the Director of
the State Department of Conservation and Natural Resources, may enter into
cooperative agreements with federal agencies, counties, county fire protection
districts, cities and private landowners for the purposes set forth in this
section.
(Added to NRS by 1969, 388; A 1977, 1146)
NRS 472.050 Cooperative agreements with Federal Government for protection
from fire; related agreements; deposit of federal money.
1. The State Forester Firewarden, with the
approval of the Director of the State Department of Conservation and Natural
Resources, may represent the State of Nevada in negotiating and entering into
agreements with the Federal Government for the purpose of securing cooperation
in forest management and the protection of the forest and watershed areas of
Nevada from fire, and enter into such other agreements with boards of county
commissioners, municipalities, organizations and individuals in the State of
Nevada owning lands therein, as are necessary in carrying out the terms of the
federal agreements or that will otherwise promote and encourage forest
management and the protection from fire of forest or other lands having an
inflammable cover.
2. Any federal money allotted to the State
of Nevada under the terms of the federal agreements and such other money as may
be received by the State for the management and protection of forests and watershed
areas therein shall be deposited in the Division of Forestry Account in the
State General Fund.
[5:149:1945; 1943 NCL § 3169.04]—(NRS A 1957, 70,
652; 1973, 270; 1977, 1146)
NRS 472.060 Fire protection districts and counties may enter into cooperative
agreements with State Forester Firewarden; expenditure of money. Any fire protection district and board or
boards of county commissioners of the State of Nevada may:
1. Enter into cooperative agreements with
the State Forester Firewarden subject to the approval of the Director of the
State Department of Conservation and Natural Resources, acting for the State,
and with other counties, organizations and individuals, to prevent and suppress
outdoor fires.
2. Appropriate and expend funds for the payment
of wages and expenses incurred in fire prevention and fire suppression; for the
purchase, construction and maintenance of forest protection improvements and
equipment; and for paying other expenses incidental to the protection of forest
and other lands from fire, including any portion of the office and travel
expense of the Division of Forestry incurred in carrying out the provisions of
any cooperative agreements with the State of Nevada.
[6:149:1945; 1943 NCL § 3169.05]—(NRS A 1977, 1147)
NRS 472.070 Separate or collective agreements with United States Forest
Service and United States Bureau of Land Management; disbursement of money. The State Forester Firewarden with the
approval of the Director of the State Department of Conservation and Natural
Resources, fire protection districts, and the boards of county commissioners,
separately or collectively, may enter into agreements with the United States
Forest Service, United States Bureau of Land Management, and other fire
protection agencies, to provide for placing any or all portions of the fire
protection work under the direction of the agency concerned, under such terms
as the contracting parties deem equitable, and may place any or all funds
appropriated or otherwise secured for forest protection in the cooperative work
fund of the respective agency for disbursement by that agency for the purposes
stated in the agreements and otherwise in conformity with the terms thereof.
[7:149:1945; 1943 NCL § 3169.06]—(NRS A 1977, 1147)
NRS 472.080 Cancellation, modification and renewal of cooperative
agreements. Any authority granted
by this chapter for entering into cooperative agreements shall be deemed to
include authority for cancelling, modifying and renewing such agreements.
[8:149:1945; 1943 NCL § 3169.07]
NRS 472.090 District or county fire coordinator to be appointed by county;
supervision of State Forester Firewarden. Any
county, counties, or portion thereof, electing to form a fire protection
district shall appoint a district or county fire coordinator who shall be
approved by and work under the supervision of the State Forester Firewarden.
The county fire coordinator of the respective district shall assist the State
Forester Firewarden in determining personnel and equipment needs to perfect a
fire control organization within the limitations of existing statutes.
[9:149:1945; 1943 NCL § 3169.08]
NRS 472.100 Fire retardant roofing material to be used in areas designated
as fire hazardous; notice of standards; enforcement; penalty.
1. A residential or commercial building
must not be constructed, altered, changed or repaired in any area designated by
the State Forester Firewarden as fire hazardous if the construction uses
roofing materials other than fire retardant roofing materials meeting the
standards set by the State Forester Firewarden pursuant to NRS 472.040.
2. The State Forester Firewarden shall
notify the governing body of each city or county in which a building code is in
effect as soon as standards for fire retardant roofing materials have been
established pursuant to paragraph (e) of subsection 1 of NRS
472.040. The governing body is responsible for the enforcement of the
provisions of subsection 1 of this section within the areas over which it
exercises jurisdiction. No building permit may be issued for construction
within the jurisdiction of any such governing body in violation of subsection 1
of this section.
3. The State Forester Firewarden is
responsible for the enforcement of the provisions of subsection 1 in all areas
of the State in which there is no building code in effect.
4. Any person who violates the provisions
of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1973, 299; A 1991, 310)
NRS 472.105 Required consultation before adoption of regulations concerning
buildings or structures. Before
the State Forester Firewarden may adopt any regulation concerning the
construction, maintenance, operation or safety of a building, structure or
other property in this State, the State Forester Firewarden shall consult with
the Deputy Administrator of the Public Works - Compliance and Code Enforcement
Section for the purposes of subsection 9 of NRS
341.100.
(Added to NRS by 2011, 3576;
A 2013, 397)
NRS 472.110 Meals may be provided to employees during emergency. The State Forester Firewarden may provide
meals to employees of the Division of Forestry of the State Department of
Conservation and Natural Resources who are involved in emergency fire fighting
if the State Forester Firewarden determines that it is impractical for the
employees to eat at home because of their duties in that emergency.
(Added to NRS by 1979, 83)
NRS 472.120 Elimination of fire hazards.
1. Any owner of lands within the
jurisdiction of the State Forester Firewarden shall eliminate and remove a fire
hazard on the owner’s property when directed to do so by the State Forester
Firewarden.
2. If the owner does not comply within the
time specified by the State Forester Firewarden, the State Forester Firewarden
may eliminate and remove the fire hazard and may for this purpose contract with
any person for the performance of the work.
3. The cost incurred by the State Forester
Firewarden in eliminating and removing the fire hazard may be recovered
directly from the owner of the property or the State Forester Firewarden may
make the cost a special assessment against the real property. The special
assessment may be collected at the same time and in the same manner as ordinary
county taxes are collected, and is subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary county
taxes. All laws applicable to the collection and enforcement of county taxes
are applicable to the special assessment.
(Added to NRS by 1991, 380)
