Nrs: Chapter 472 - State Forester Firewarden

Link to law: https://www.leg.state.nv.us/NRS/NRS-472.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
[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)