[Rev. 11/21/2013 11:58:15
AM--2013]
CHAPTER 475 - CRIMES AND RESPONSIBILITIES
CONCERNING FIRES
NRS 475.010 Willful
or negligent failure to guard or extinguish fire; penalty.
NRS 475.020 Willful
or negligent failure to extinguish fire in open; penalty.
NRS 475.030 Throwing
burning cigarette or other material from moving vehicle; willful or negligent
placing of burning materials; penalty.
NRS 475.040 Destruction
of timber, crops or vegetation by fire caused by gross negligence; criminal
penalty; civil action.
NRS 475.050 Smoking
in building on which notice posted prohibiting smoking; penalty.
NRS 475.060 Operation
of internal combustion engine without spark arrestor; penalty; exceptions.
NRS 475.070 Interference
with peace officer, firefighter or member of search and rescue organization;
disobedience of orders; penalty.
NRS 475.075 Intentional
obstruction of search and rescue organization; penalty.
NRS 475.080 Obstruction
of extinguishment of fire; penalties.
NRS 475.090 Willful
and malicious damage or destruction of fire equipment or apparatus; penalty.
NRS 475.100 False
fire alarms; penalties.
NRS 475.105 Theft
of device to prevent, control, extinguish or give warning of fire; penalties.
NRS 475.110 Able-bodied
males subject to fire-fighting duty; penalty for refusal; compensation and
benefits.
NRS 475.115 Volunteer
firefighters: Disclosure to employer; discharge from employment prohibited;
civil action; attorney’s fees.
NRS 475.125 Investigation
of fires resulting in death, injury or property damage.
NRS 475.210 Governor
may close land or prohibit burning in areas which are fire hazards.
NRS 475.220 Dumps:
Safe operation; regulations of State Forester Firewarden.
NRS 475.230 Claim
by fire department to recover direct expenses and losses incurred while
fighting fire on property of State.
NRS 475.235 Disposition
of claims by State Board of Examiners.
_________
NRS 475.010 Willful or negligent failure to guard or extinguish fire;
penalty. Every person who
willfully or negligently sets or fails to guard carefully or extinguish any
fire, whether on the person’s own land or the land of another, whereby the
timber or property of another is endangered is guilty of a misdemeanor.
[1911 C&P § 314; RL § 6579; NCL § 10262]—(NRS A
1971, 1458; 1979, 1480)
NRS 475.020 Willful or negligent failure to extinguish fire in open;
penalty. Every person who, upon
departing from camp or from any fire started by the person in the open,
willfully or negligently leaves the fire or fires burning or unexhausted, or
fails to extinguish them thoroughly, is guilty of a misdemeanor.
[1911 C&P § 367; RL § 6632; NCL § 10317]—(NRS A
1971, 1458; 1979, 1480)
NRS 475.030 Throwing burning cigarette or other material from moving
vehicle; willful or negligent placing of burning materials; penalty.
1. It is unlawful for any person willfully
or negligently:
(a) To throw or place any lighted cigarette,
cigar, ashes, match or other material which may cause a fire in any place where
such lighted cigarette, cigar, match, ashes or other material may start a fire.
(b) To throw or otherwise discard from a moving
vehicle any lighted cigarette, cigar, ash or other material which may cause a
fire.
2. Any person violating any of the
provisions of this section is guilty of a misdemeanor.
[1:134:1929; A 1947, 458; 1943 NCL § 10558]—(NRS A
1967, 589; 1971, 1458; 1979, 1480)
NRS 475.040 Destruction of timber, crops or vegetation by fire caused by
gross negligence; criminal penalty; civil action. Every
person who, with gross negligence, lights a fire for any purpose along the road
through any woodland, or upon the same, or at any other place in the open, and
thereby, or by any other means, sets fire to any growing timber or forest,
shrubbery, crops, grass or vegetation, and thereby causes the destruction of
any timber, forest, crops, grass, vegetation or property not his or her own, is
guilty of a public offense, as prescribed in NRS
193.155, proportionate to the value of the loss resulting therefrom, in
addition to being liable to the owner of such property for the full value
thereof in a civil action.
[1911 C&P § 368; RL § 6633; NCL § 10318]—(NRS A
1967, 589; 1979, 329)
NRS 475.050 Smoking in building on which notice posted prohibiting smoking;
penalty. Every person who lights a
pipe, cigar or cigarette in, or who enters with a lighted pipe, cigar or
cigarette, any mill or other building on which is posted in a conspicuous place
over and near each principal entrance a notice in plain, legible characters
stating that no smoking is allowed in such building is guilty of a misdemeanor.
[1911 C&P § 313; RL § 6578; NCL § 10261]—(NRS A
1971, 1459; 1979, 1480)
NRS 475.060 Operation of internal combustion engine without spark arrestor;
penalty; exceptions.
1. Every person, firm, corporation or
association which uses or permits to be used any internal combustion engine
which is operated on hydrocarbon fuels on any grass, brush or forest-covered
land without providing, and maintaining in effective order, a spark arrestor
attached to the exhaust system is guilty of a misdemeanor.
2. For the purposes of this section, a
spark arrestor is a device constructed of nonflammable material specifically
for the purpose of removing or retaining carbon and other flammable materials
over 0.023 inch in size from the exhaust flow of an internal combustion engine
that is operated on hydrocarbon fuels.
3. Motortrucks, truck tractors, buses and
passenger vehicles, except motorcycles, are not subject to the provisions of
this section if the exhaust system is equipped with an adequate and properly
maintained muffler in constant operation.
[1911 C&P § 315; RL § 6580; NCL § 10263]—(NRS A
1967, 750; 1971, 1459; 1979, 1480)
NRS 475.070 Interference with peace officer, firefighter or member of search
and rescue organization; disobedience of orders; penalty.
1. Every person who, at any fire:
(a) Disobeys the lawful order of any peace
officer or firefighter, or a member of a search and rescue organization who is
under the direction of the sheriff;
(b) Resists or interferes with any lawful effort
to extinguish the fire; or
(c) Engages in any conduct likely to interfere
with the extinguishment of the fire,
Ê is guilty of
a misdemeanor.
2. Every person who, at the scene of an
emergency, other than a fire, disobeys any of the lawful orders of a peace
officer or firefighter, or a member of a search and rescue organization who is
under the direction of the sheriff, or resists or interferes with the lawful
efforts of any firefighters or company of firefighters, or members of a search
and rescue organization who are under the direction of the sheriff, to control
or handle the emergency, or acts in a disorderly manner likely to interfere
with the control or handling thereof, or who forbids, prevents or dissuades
others from assisting to control or handle the emergency, is guilty of a
misdemeanor.
[1911 C&P § 312; RL § 6577; NCL § 10260]—(NRS A
1971, 1459; 1979, 1481; 1987, 990; 2005, 337)
NRS 475.075 Intentional obstruction of search and rescue organization;
penalty.
1. A person who, with intent to prevent or
obstruct the response to an emergency, damages, removes or hinders the
operation of any vehicle, apparatus, equipment or animal being used or which
may be used in an emergency by a member of a search and rescue organization, is
guilty of a public offense, as prescribed in NRS
193.155, proportionate to the value of the loss resulting therefrom, but in
no event less than a misdemeanor.
2. As used in this section, “vehicle”
means any device in, upon, or by which any person or property is or may be
transported.
(Added to NRS by 1987, 989)
NRS 475.080 Obstruction of extinguishment of fire; penalties. Every person who, with intent to prevent or
obstruct the extinguishment of any fire, cuts, damages or removes any bell
rope, wire or other apparatus for communicating an alarm of fire, or cuts,
injures or destroys any engine, hose or other fire apparatus, or otherwise
prevents or obstructs the extinguishment of any fire, is guilty of a public
offense, as prescribed in NRS 193.155,
proportionate to the value of the loss resulting therefrom and in no event less
than a misdemeanor.
[1911 C&P § 311; RL § 6576; NCL § 10259]—(NRS A
1967, 589; 1971, 1459; 1979, 1481)
NRS 475.090 Willful and malicious damage or destruction of fire equipment or
apparatus; penalty. Every person
who willfully and maliciously removes, damages or destroys any engine, hose,
hose cart, truck, ladder, extinguisher or other apparatus used by any fire
company or fire department is guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL §
10434]—(NRS A 1971, 1460; 1979, 1481)
NRS 475.100 False fire alarms; penalties.
1. It is unlawful for a person
intentionally to give or cause to be given, or turn in or cause to be turned
in, any false alarm of fire.
2. A person who violates any of the
provisions of this section shall be punished:
(a) If the act is malicious and another person
suffers death or substantial bodily harm as a result, for a category D felony
as provided in NRS 193.130.
(b) Otherwise, for a gross misdemeanor.
3. This section does not apply to alarms
given for practice by any chief of a fire department or by any other person
properly authorized to give such alarms, nor to alarms given by a person to
attract attention of police, firefighters or other people to acts of violence,
disorder or menace.
[1911 C&P § 336; RL § 6601; NCL § 10284] + [1911
C&P § 337; RL § 6602; NCL § 10285]—(NRS A 1967, 590; 1971, 1460; 1979,
1482; 1987,
1476; 1995,
1296; 2005,
337)
NRS 475.105 Theft of device to prevent, control, extinguish or give warning
of fire; penalties. A person who
steals a device intended for use in preventing, controlling, extinguishing or
giving warning of a fire:
1. If the device has a value of less than
$650, is guilty of a gross misdemeanor.
2. If the device has a value of $650 or
more, is guilty of grand larceny and shall be punished as provided in NRS 205.222.
(Added to NRS by 1985, 751; A 1989, 1441; 1995, 1296; 1997, 347; 2011, 176)
NRS 475.110 Able-bodied males subject to fire-fighting duty; penalty for
refusal; compensation and benefits.
1. All sheriffs, their deputies,
firewardens or other peace officers or any national forest officer may call
upon able-bodied male persons within the State of Nevada who are between the
ages of 16 years and 50 years for assistance in extinguishing fires in timber
or in brush.
2. Persons who refuse to obey the summons
or who refuse to assist in fighting fire for the period stated in subsection 3,
unless they present sufficient reasons, are guilty of a misdemeanor.
3. No male person may be required to fight
fires a total of more than 5 days during any 1 year.
4. The board of county commissioners may
fix the amount of compensation to be paid to male persons drafted to fight
fires as provided in this section, and the sums so fixed must be allowed and
paid as other claims against the county are paid.
5. For the purpose of obtaining the
benefits of the Nevada Industrial Insurance Act, male persons drafted to fight
fires must be considered employees of the county demanding their services, and
they are entitled to receive for disability incurred by reason thereof the
benefits under the Nevada Industrial Insurance Act. The county shall report and
pay premiums to a private carrier authorized to provide industrial insurance in
this State for persons so engaged.
[1:45:1927; NCL § 1982] + [Part 2:45:1927; NCL §
1983]—(NRS A 1967, 590; 1981, 1528; 1995, 2046; 1999, 1826)
NRS 475.115 Volunteer firefighters: Disclosure to employer; discharge from
employment prohibited; civil action; attorney’s fees.
1. Any person, corporation, partnership,
association or other entity who is an employer or is vested with the power to
discharge or recommend the discharge of a person who serves as a volunteer
firefighter shall not deprive the person performing such service of his or her
employment as a consequence of his or her action.
2. A person discharged in violation of
subsection 1 may commence a civil action against his or her employer and
obtain:
(a) Wages and benefits lost as a result of the
violation;
(b) An order of reinstatement without loss of
position, seniority or benefits;
(c) Damages equal to the amount of lost wages and
benefits; and
(d) Reasonable attorney’s fees fixed by the
court.
3. Any applicant for employment who is,
and any employee who becomes, a volunteer firefighter must disclose that fact
to his or her prospective or present employer, as the case may be.
(Added to NRS by 1983, 919; A 2005, 337)
NRS 475.125 Investigation of fires resulting in death, injury or property
damage. Each fire department:
1. May investigate the cause, origin and
circumstances of each fire which occurs within its jurisdiction and which
results in the destruction of or damage to property, loss of life, or injury to
any person.
2. Shall investigate any report received
pursuant to NRS 629.045 to determine
the origin of the fire which caused the injury.
(Added to NRS by 1979, 171; A 1991, 1897)
NRS 475.210 Governor may close land or prohibit burning in areas which are
fire hazards.
1. Whenever the Governor finds that
conditions of extreme fire hazard exist, either in or out of the fire hazard
season, the Governor may by proclamation close or partially close such land or
areas as the Governor may find to be in such condition of extreme hazard to the
general public and prohibit or limit burning and other acts thereon to such
degree and in such ways as he or she deems necessary to reduce the danger of
forest and other wild land fires.
2. The Governor shall declare the end of
any such emergency only upon a finding that the conditions of extreme fire
hazard no longer exist.
(Added to NRS by 1965, 306)
NRS 475.220 Dumps: Safe operation; regulations of State Forester Firewarden.
1. Any county, municipality, public
institution, agency, corporation, person or persons, or other entity
maintaining or operating a dump shall provide such devices and conditions
therefor as will reasonably promote the safe operation thereof and guard
against the escape of fire therefrom.
2. The State Forester Firewarden shall
have power to make rules and regulations for the implementation of this
section.
(Added to NRS by 1965, 306)
NRS 475.230 Claim by fire department to recover direct expenses and losses
incurred while fighting fire on property of State.
1. Any fire department which engages in
fighting a fire on property owned by the State within the jurisdictional limits
of the fire department may submit a claim to the State Board of Examiners to
recover any direct expenses and losses incurred as a result of fighting that
fire.
2. The claim must include:
(a) The name, address and jurisdictional limits
of the fire department;
(b) The name, address and telephone number of the
person making the claim on behalf of the fire department;
(c) The name and address, if known, of the state
agency having jurisdiction over the property on which the fire occurred;
(d) The exact location of the fire;
(e) A description of the property burned;
(f) The number and classification of the
personnel and the number and type of equipment used to fight the fire;
(g) A copy of the fire report; and
(h) An itemized list of direct expenses and
losses incurred while fighting the fire, including the purchase cost, estimated
cost of repairs and a statement of depreciated value immediately preceding and
after the damage to or destruction of any equipment and the extent of any
insurance coverage.
3. As used in this section, “direct
expenses and losses” means certain expenses and losses which were incurred
while fighting a fire on property owned by the State. The term is limited to:
(a) The depreciated value, if any, of any
equipment or vehicle which was damaged or destroyed; and
(b) If the employer maintains a plan which
supplements coverage for workers’ compensation provided pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS by a private carrier and, if the
benefits are provided from public money and not by an insurer, any injury or
death benefits which would have been paid by the employer from public money.
(Added to NRS by 1979, 1165; A 1981, 1528; 1995, 2047; 1999, 236, 1826; 2001, 1082)
NRS 475.235 Disposition of claims by State Board of Examiners.
1. The State Board of Examiners may submit
a copy of the claim to the State Fire Marshal for review. The State Fire
Marshal shall make his or her recommendations to the State Board of Examiners
who shall make a final determination of the disposition of the claim.
2. All claims approved by the State Board
of Examiners must be paid as other claims against the State are paid.
(Added to NRS by 1979, 1166)
