Nrs: Chapter 475 - Crimes And Responsibilities Concerning Fires

Link to law: https://www.leg.state.nv.us/NRS/NRS-475.html
Published: 2015

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[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)