2005 Nevada Revised Statutes - Chapter 472 — State Forester Firewarden

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 Powersand duties; administrative supervision.

NRS 472.041 Enforcementof certain provisions of Uniform Fire Code regarding clearance ofvegetation around structures.

NRS 472.043 Establishmentand preservation of forest and vegetative cover in forest and watershed.

NRS 472.050 Cooperativeagreements with Federal Government for protection from fire; relatedagreements; deposit of federal money.

NRS 472.060 Fireprotection districts and counties may enter into cooperative agreements withState Forester Firewarden; expenditure of money.

NRS 472.070 Separateor 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 Districtor county fire coordinator to be appointed by county; supervision of StateForester Firewarden.

NRS 472.100 Fireretardant roofing material to be used in areas designated as fire hazardous;notice of standards; enforcement; penalty.

NRS 472.110 Mealsmay be provided to employees during emergency.

NRS 472.120 Eliminationof fire hazards.

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NRS 472.010 Appointment. There is hereby created the position of State ForesterFirewarden. The State Forester Firewarden shall be appointed by and beresponsible to the Director of the State Department of Conservation and NaturalResources.

[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, orthe 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 theunclassified service of the State.

2. Except as otherwise provided in NRS 284.143, he shall devote his entiretime and attention to the business of his office and shall not pursue any otherbusiness 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 Powersand duties; administrative supervision.

1. The State Forester Firewarden shall:

(a) Supervise or coordinate all forestry and watershedwork on state-owned and privately owned lands, including fire control, inNevada, working with federal agencies, private associations, counties, towns,cities or private persons.

(b) Administer all fire control laws and all forestrylaws in Nevada outside of townsite boundaries, and perform any other dutiesdesignated by the Director of the State Department of Conservation and NaturalResources or by state law.

(c) Assist and encourage county or local fireprotection districts to create legally constituted fire protection districtswhere they are needed and offer guidance and advice in their operation.

(d) Designate the boundaries of each area of the Statewhere the construction of buildings on forested lands creates such a firehazard as to require the regulation of roofing materials.

(e) Adopt and enforce regulations relating to standardsfor fire retardant roofing materials to be used in the construction,alteration, change or repair of buildings located within the boundaries of firehazardous forested areas.

(f) Purchase communication equipment which can use themicrowave channels of the state communications system and store this equipmentin regional locations for use in emergencies.

(g) Administer money appropriated and grants awardedfor fire prevention, fire control and the education of firefighters and awardgrants of money for those purposes to fire departments and educationalinstitutions in this State.

(h) Determine the amount of wages that must be paid tooffenders who participate in conservation camps and who perform work relatingto fire fighting and other work projects of conservation camps.

2. The State Forester Firewarden in carrying out theprovisions of this chapter may:

(a) Appoint paid foresters and firewardens to enforcethe provisions of the laws of this State respecting forest and watershedmanagement or the protection of forests and other lands from fire, subject tothe approval of the board of county commissioners of each county concerned.

(b) Appoint suitable citizen-wardens. Citizen-wardensserve voluntarily except that they may receive compensation when an emergencyis declared by the State Forester Firewarden.

(c) Appoint, upon the recommendation of the appropriatefederal officials, resident officers of the United States Forest Service andthe United States Bureau of Land Management as voluntary firewardens. Voluntaryfirewardens are not entitled to compensation for their services.

(d) Appoint certain paid foresters or firewardens to bearson investigators.

(e) Employ, with the consent of the Director of theState Department of Conservation and Natural Resources, clerical assistance,county and district coordinators, patrolmen, firefighters, and other employeesas needed, and expend such sums as may be necessarily incurred for thispurpose.

(f) Purchase, or acquire by donation, supplies,material, equipment and improvements necessary to fire protection and forestand watershed management.

(g) With the approval of the Director of the StateDepartment of Conservation and Natural Resources and the State Board ofExaminers, purchase or accept the donation of real property to be used forlookout sites and for other administrative, experimental or demonstrationpurposes. No real property may be purchased or accepted unless an examinationof the title shows the property to be free from encumbrances, with title vestedin the grantor. The title to the real property must be examined and approved bythe Attorney General.

(h) Expend any money appropriated by the State to theDivision of Forestry of the State Department of Conservation and NaturalResources for paying expenses incurred in fighting fires or in emergencieswhich threaten human life.

3. The State Forester Firewarden, in carrying out thepowers and duties granted in this section, is subject to administrativesupervision by the Director of the State Department of Conservation and NaturalResources.

[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)

NRS 472.041 Enforcementof certain provisions of Uniform Fire Code regarding clearance ofvegetation 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) ofsubsection 1 of NRS 472.040, includingany land within the 1/2-mile radius surrounding such an area,

enforce theprovisions of Appendix II-A of the Uniform Fire Code of the InternationalConference of Building Officials in the form most recently adopted by thatconference before July 1, 1985, regarding the clearance of brush, denseundergrowth and other vegetation around and adjacent to a structure to reducethe exposure of the structure to fire and radiant heat and increase the abilityof firefighters to protect the structure.

2. The enforcement of these provisions must permit theplanting of grass, trees, ornamental shrubbery or other plants used tostabilize the soil and prevent erosion so long as the plants do not form ameans of rapidly transmitting fire from native growth to any structure.

(Added to NRS by 1985, 2120)

NRS 472.043 Establishmentand preservation of forest and vegetative cover in forest and watershed.

1. It is the purpose of this section to provide forthe maintenance of forest and vegetative cover on forest and watershed land, toconserve water and soil and to prevent destructive floods.

2. The State Forester Firewarden, with the approval ofthe Director of the State Department of Conservation and Natural Resources,may:

(a) Enter into contracts with any state or federalpublic agency, municipal corporation, or any person, firm or privatecorporation to establish and preserve forest and vegetative cover on forest orwatershed lands.

(b) Conduct surveys and studies, formulate plans andperform all acts incidental to the establishment and maintenance of forest andvegetative cover on forest and watershed lands, including any work necessary toaccomplish such purposes.

3. In entering into contracts the State ForesterFirewarden shall give priority to, but not be limited to, situations where:

(a) The natural vegetative cover has been destroyed ordenuded to the extent that precipitation may create floods and serious soildepletion and erosion.

(b) The denuded area is of a size, and the topographyand soil characteristics are of such a nature, that soil loss and floods willhave a significant effect upon watershed values and the public welfare.

(c) The vegetative cover will not be restored bynatural means in time effectively to prevent undue erosion and flood runoff.

(d) The natural succession of vegetation may bedetrimental to the public welfare.

4. The State Forester Firewarden, or his agents, withthe approval of the Director of the State Department of Conservation andNatural Resources, may enter into cooperative agreements with federal agencies,counties, county fire protection districts, cities and private landowners forthe purposes set forth in this section.

(Added to NRS by 1969, 388; A 1977, 1146)

NRS 472.050 Cooperativeagreements with Federal Government for protection from fire; relatedagreements; deposit of federal money.

1. The State Forester Firewarden, with the approval ofthe Director of the State Department of Conservation and Natural Resources, mayrepresent the State of Nevada in negotiating and entering into agreements withthe Federal Government for the purpose of securing cooperation in forestmanagement and the protection of the forest and watershed areas of Nevada fromfire, and enter into such other agreements with boards of county commissioners,municipalities, organizations and individuals in the State of Nevada owninglands therein, as are necessary in carrying out the terms of the federalagreements or that will otherwise promote and encourage forest management andthe protection from fire of forest or other lands having an inflammable cover.

2. Any federal money allotted to the State of Nevadaunder the terms of the federal agreements and such other money as may bereceived by the State for the management and protection of forests andwatershed areas therein shall be deposited in the Division of Forestry Accountin the State General Fund.

[5:149:1945; 1943 NCL 3169.04](NRS A 1957, 70,652; 1973, 270; 1977, 1146)

NRS 472.060 Fireprotection districts and counties may enter into cooperative agreements withState Forester Firewarden; expenditure of money. Anyfire protection district and board or boards of county commissioners of theState of Nevada may:

1. Enter into cooperative agreements with the StateForester Firewarden subject to the approval of the Director of the StateDepartment of Conservation and Natural Resources, acting for the State, andwith other counties, organizations and individuals, to prevent and suppressoutdoor fires.

2. Appropriate and expend funds for the payment ofwages and expenses incurred in fire prevention and fire suppression; for thepurchase, construction and maintenance of forest protection improvements andequipment; and for paying other expenses incidental to the protection of forestand other lands from fire, including any portion of the office and travelexpense of the Division of Forestry incurred in carrying out the provisions ofany cooperative agreements with the State of Nevada.

[6:149:1945; 1943 NCL 3169.05](NRS A 1977, 1147)

NRS 472.070 Separateor collective agreements with United States Forest Service and United StatesBureau of Land Management; disbursement of money. TheState Forester Firewarden with the approval of the Director of the StateDepartment of Conservation and Natural Resources, fire protection districts,and the boards of county commissioners, separately or collectively, may enterinto agreements with the United States Forest Service, United States Bureau ofLand Management, and other fire protection agencies, to provide for placing anyor all portions of the fire protection work under the direction of the agencyconcerned, under such terms as the contracting parties deem equitable, and mayplace any or all funds appropriated or otherwise secured for forest protectionin the cooperative work fund of the respective agency for disbursement by thatagency for the purposes stated in the agreements and otherwise in conformitywith the terms thereof.

[7:149:1945; 1943 NCL 3169.06](NRS A 1977, 1147)

NRS 472.080 Cancellation,modification and renewal of cooperative agreements. Anyauthority granted by this chapter for entering into cooperative agreementsshall be deemed to include authority for cancelling, modifying and renewingsuch agreements.

[8:149:1945; 1943 NCL 3169.07]

NRS 472.090 Districtor county fire coordinator to be appointed by county; supervision of StateForester Firewarden. Any county, counties, orportion thereof, electing to form a fire protection district shall appoint adistrict or county fire coordinator who shall be approved by and work under thesupervision of the State Forester Firewarden. The county fire coordinator ofhis respective district shall assist the State Forester Firewarden indetermining man power and equipment needs to perfect a fire controlorganization within the limitations of existing statutes.

[9:149:1945; 1943 NCL 3169.08]

NRS 472.100 Fireretardant roofing material to be used in areas designated as fire hazardous;notice of standards; enforcement; penalty.

1. A residential or commercial building must not beconstructed, altered, changed or repaired in any area designated by the StateForester Firewarden as fire hazardous if the construction uses roofingmaterials other than fire retardant roofing materials meeting the standards setby the State Forester Firewarden pursuant to NRS472.040.

2. The State Forester Firewarden shall notify thegoverning body of each city or county in which a building code is in effect assoon as standards for fire retardant roofing materials have been establishedpursuant to paragraph (e) of subsection 1 of NRS472.040. The governing body is responsible for the enforcement of the provisionsof subsection 1 of this section within the areas over which it exercisesjurisdiction. No building permit may be issued for construction within thejurisdiction of any such governing body in violation of subsection 1 of thissection.

3. The State Forester Firewarden is responsible forthe enforcement of the provisions of subsection 1 in all areas of the State inwhich there is no building code in effect.

4. Any person who violates the provisions of subsection1 is guilty of a misdemeanor.

(Added to NRS by 1973, 299; A 1991, 310)

NRS 472.110 Mealsmay be provided to employees during emergency. TheState Forester Firewarden may provide meals to employees of the Division ofForestry of the State Department of Conservation and Natural Resources who areinvolved in emergency fire fighting if he determines that it is impractical forthe employees to eat at home because of their duties in that emergency.

(Added to NRS by 1979, 83)

NRS 472.120 Eliminationof fire hazards.

1. Any owner of lands within the jurisdiction of theState Forester Firewarden shall eliminate and remove a fire hazard on hisproperty when directed to do so by the State Forester Firewarden.

2. If the owner does not comply within the timespecified by the State Forester Firewarden, the State Forester Firewarden mayeliminate and remove the fire hazard and may for this purpose contract with anyperson for the performance of the work.

3. The cost incurred by the State Forester Firewardenin eliminating and removing the fire hazard may be recovered directly from theowner of the property or the State Forester Firewarden may make the cost aspecial assessment against the real property. The special assessment may becollected at the same time and in the same manner as ordinary county taxes arecollected, and is subject to the same penalties and the same procedure and salein case of delinquency as provided for ordinary county taxes. All lawsapplicable to the collection and enforcement of county taxes are applicable tothe special assessment.

(Added to NRS by 1991, 380)

 

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