2005 Nevada Revised Statutes - Chapter 473 — Fire Protection Districts Receiving Federal Aid

CHAPTER 473 - FIRE PROTECTION DISTRICTSRECEIVING FEDERAL AID

NRS 473.010 Federalaid defined.

NRS 473.020 Institutionof proceedings for formation of fire protection district: Petition by propertyowners.

NRS 473.030 Resolutionof board of county commissioners: Adoption; contents.

NRS 473.031 Noticeof proposed formation of district: Contents; publication.

NRS 473.032 Hearing;written objections; exclusion of land not benefited.

NRS 473.033 Inclusionof lands adjacent to proposed district; owners application.

NRS 473.034 Determination;order of formation; regulations for organization of area.

NRS 473.035 Alterationof boundaries by inclusion of territory: Procedure; regulations.

NRS 473.0355 Alterationof boundaries by exclusion of territory: Procedure.

NRS 473.036 Effectof change in districts boundaries.

NRS 473.040 Boardof directors: Composition.

NRS 473.050 Preparationof budgets; levy, collection, deposit and use of taxes.

NRS 473.060 Authorizationto issue negotiable bonds; purpose; limitation on amount.

NRS 473.065 Activitieswithin district which may be prohibited or restricted by State ForesterFirewarden; public announcement and posting of prohibited or restrictedactivities; applicability; penalty.

NRS 473.070 Liabilityfor damage by fire within district.

NRS 473.080 Collectionof expenses for extinguishing fires or meeting other emergencies withindistrict.

NRS 473.090 Unlawfulburning, blasting or use of fireworks, welding torch or other devices indistrict; permits; exceptions; penalty.

NRS 473.100 Eliminationof fire hazards.

_________

NRS 473.010 Federalaid defined. As used in this chapter,federal aid means aid provided pursuant to title 16 of the United StatesCode.

(Supplied in revision; A 1985, 297)

NRS 473.020 Institutionof proceedings for formation of fire protection district: Petition by propertyowners.

1. Property owners of land in watershed areas or landshaving an inflammable cover in one or more counties in this state may instituteproceedings for the formation of a fire protection district for the purpose ofsecuring federal aid by petition to the State Forester Firewarden.

2. The petition must:

(a) Set forth the territory in the county to beincluded in the fire protection district; and

(b) Be signed by at least 25 percent of the propertyowners within the territory.

3. The State Forester Firewarden shall determine thefeasibility of the formation of the district and shall notify the board ofcounty commissioners of his decision and transmit a copy of the petition to theboard.

[Part 5(a):149:1945; added 1949, 543; 1943 NCL 3169.04a](NRS A 1965, 399; 1985, 297)

NRS 473.030 Resolutionof board of county commissioners: Adoption; contents. Theboard of county commissioners in each of such counties, upon receipt of anotice in writing from the State Forester Firewarden of the feasibility of theformation of such fire protection district, shall adopt a resolution:

1. Describing the territory or specifying the exteriorboundaries of the proposed fire protection district;

2. Stating the purpose for which it is to beorganized;

3. Fixing a time and place for a hearing of the matternot less than 30 days after its adoption; and

4. Directing the clerk of the board of countycommissioners to publish the notice of intention of the board of countycommissioners to form such fire protection district, and of the time and placefixed for the hearing, and shall designate that publication shall be in somenewspaper of general circulation published in the county and circulated in theproposed fire protection district, or if there is no newspaper so published andcirculated then in some newspaper of general circulation circulated in theproposed district.

[Part 5(a):149:1945; added 1949, 543; 1943 NCL 3169.04a](NRS A 1965, 399)

NRS 473.031 Noticeof proposed formation of district: Contents; publication. The notice shall:

1. Be headed Notice of the proposed formation of fireprotection district in ........................... (stating the name of thecounty or city, in the case of Carson City, or, if there be more than one, thename of the counties in which the proposed district is located).

2. State the fact that the board of countycommissioners of the county or the Board of Supervisors of Carson City hasfixed the time and place (which shall be stated in the notice) for a hearing onthe matter of the formation of the fire protection district.

3. Describe the territory or shall specify theexterior boundaries of the territory proposed to be organized into a fireprotection district.

4. Be published once a week for 2 successive weeksprior to the time fixed for the hearing in the newspaper designated by theboard of county commissioners of the county or the board of supervisors ofCarson City.

(Added to NRS by 1965, 400; A 1969, 339)

NRS 473.032 Hearing;written objections; exclusion of land not benefited.

1. At the time fixed for the hearing of the matter, orat any time prior thereto, any person interested may file with the clerk of theboard written objections to the formation of the district.

2. At the time fixed for the hearing, or to which thehearing may be adjourned, the board of county commissioners shall hear theobjections filed, if any, and pass upon the same.

3. The board may, in its discretion, sustain any orall of the objections filed and may change or alter the boundaries of suchproposed district to conform to the needs of the district and to excludetherefrom any land that will not be benefited by the formation of such adistrict. Except as provided in NRS 473.033,the board shall not include therein any territory not included in theboundaries mentioned in the petition.

(Added to NRS by 1965, 400)

NRS 473.033 Inclusionof lands adjacent to proposed district; owners application. Any owner of lands adjacent to the borders of the proposeddistrict may, by his written application therefor filed with the board ofcounty commissioners at or before the time of the hearing of the petition, inthe discretion of the board, have such lands included within such proposeddistrict.

(Added to NRS by 1965, 400)

NRS 473.034 Determination;order of formation; regulations for organization of area.

1. Upon the hearing of the matter, the board of countycommissioners shall determine whether the petition complies with therequirements and purposes of this chapter, and must hear all competent andrelevant testimony offered in support or in objection thereto. Upon completionof the hearing the board shall, by order, determine whether the proposeddistrict will be formed and the order must be entered upon the minutes of theboard of county commissioners.

2. Upon the entry of the order of formation of thedistrict, the board of county commissioners shall forthwith notify the StateForester Firewarden of the formation of the district. The State ForesterFirewarden shall establish regulations for the organization of the areaincluded within the district to meet the terms and requirements for federalaid.

(Added to NRS by 1965, 400; A 1985, 298)

NRS 473.035 Alterationof boundaries by inclusion of territory: Procedure; regulations.

1. New territory may be included in any fireprotection district organized under this chapter in the manner provided insubsections 2 to 5, inclusive.

2. Upon receiving a written petition containing adescription of the territory proposed to be included (which territory must be contiguousto the district), which petition must contain a statement advising the signersthat their property will be subject to the levy of a tax for the support of thefire protection district, and be signed by not less than a majority of theproperty owners within the territory, the State Forester Firewarden shalldetermine the feasibility of including that territory and shall notify theboard of directors of the district of his decision.

3. The board of directors, upon receipt of a notice inwriting from the State Forester Firewarden of the decision to include territoryin the fire protection district, shall prepare a resolution:

(a) Describing the territory to be included; and

(b) Stating the purpose for its inclusion.

4. Upon the adoption of the resolution the board ofdirectors shall forthwith notify the State Forester Firewarden of theresolution. The territory is in the fire protection district from the date ofthe resolution.

5. Upon the inclusion of any contiguous territory in afire protection district the State Forester Firewarden shall adopt regulationsfor the organization of the territory to meet the terms and requirements forfederal aid.

(Added to NRS by 1957, 325; A 1963, 360; 1965, 398;1967, 877; 1981, 484; 1985, 298)

NRS 473.0355 Alterationof boundaries by exclusion of territory: Procedure.

1. Territory may be excluded from any fire protectiondistrict organized under this chapter in the manner provided in subsections 2,3 and 4.

2. Should any portion of the territory included in afire protection district be:

(a) Annexed to an incorporated city or lands adjacentto an incorporated city be zoned for residential, small estates or commercialuse pursuant to law, the State Forester Firewarden may declare the portion soannexed or zoned to be excluded from the district, and he shall change thedistrict boundary to conform to the annexation or zoning.

(b) Used or zoned as industrial, commercial,residential or agricultural land, the State Forester Firewarden shall, immediatelyupon receiving a written petition:

(1) Requesting exclusion from the district;

(2) Containing the description of 10 or morecontiguous parcels of land within the territory so used or zoned as industrial,commercial, residential or agricultural land which parcels are each ownedseparately by different persons; and

(3) Signed by the owners of a majority of theparcels of the described territory sought to be excluded,

determinethe feasibility of excluding that territory and shall notify the board ofdirectors of the district of his decision.

3. Should any portion of the territory included in afire protection district be:

(a) Fifteen acres or less of irrigated land;

(b) Owned by less than 10 owners; and

(c) Abutting on a portion of the districts boundary,

the StateForester Firewarden shall, immediately upon receiving a written petitionrequesting exclusion from the district, containing a description of the land,and signed by the owners of a majority of the parcels in the described territorysought to be excluded, determine the feasibility of excluding that territoryand shall notify the board of directors of the district of his decision.

4. The board of directors, upon receipt of a notice inwriting from the State Forester Firewarden of a decision to exclude territoryfrom the fire protection district, shall prepare a resolution:

(a) Describing the territory to be excluded; and

(b) Stating the purpose of its exclusion.

Upon theadoption of the resolution the board of directors shall forthwith notify theState Forester Firewarden of the resolution. The territory is excluded from thefire protection district from the date of the resolution.

(Added to NRS by 1981, 483)

NRS 473.036 Effectof change in districts boundaries.

1. A change of boundaries of a fire protectiondistrict shall not impair or affect its organization, nor shall it affect,impair or discharge any contract, obligation, lien or charge on which it might beliable or chargeable had such change of boundaries not been made.

2. Property included within or annexed to a districtshall be subject to all of the taxes imposed by the district, and shall beliable for its proportionate share of existing bonded indebtedness of thedistrict; but it shall not be liable for any taxes levied or assessed prior toits inclusion in the district, nor shall its entry into the district be madesubject to or contingent upon the payment or assumption of any penalty.

3. Property excluded from a district shall thereafterbe subject to the levy of taxes for the payment of its proportionate share ofany indebtedness of the district outstanding at the time of such exclusion, butthe board of county commissioners may levy taxes upon only the taxable propertyremaining in the district after the exclusion of property if the board findsand determines that it has considered the results of Sections 1 and 2 ofArticle 10 of the Constitution of the State of Nevada and that the failure to levya tax upon the property excluded from the district will not prejudice anycreditor existing at the time of such exclusion.

(Added to NRS by 1965, 401)

NRS 473.040 Boardof directors: Composition. The countycommissioners in the county or counties wherein such a fire protection districtor portion thereof is located shall constitute the board of directors of thedistrict.

[Part 5(c):149:1945; added 1949, 543; 1943 NCL 3169.04c]

NRS 473.050 Preparationof budgets; levy, collection, deposit and use of taxes.

1. For the consideration and approval of the districtboard of directors, the State Forester Firewarden shall annually:

(a) Prepare a budget estimating the amount of moneywhich will be needed to defray the expenses of the district organized under theprovisions of NRS 473.020 and 473.030.

(b) Determine the amount of a special tax sufficient toraise the sum estimated to be necessary. The amount of the tax to be collectedfor the purposes of this section must not exceed, in any 1 year, 1 percent ofthe assessed value of the property described in subsection 2.

2. When so determined, the State Forester Firewardenshall certify the amount of the estimated sum and the estimated tax to theboard of county commissioners in the county or counties wherein the district orportion thereof is located. At the time of making the levy of county taxes forthat year, the board of county commissioners may levy the tax certified, or atax determined by the board of county commissioners to be sufficient for thepurpose, upon all the real property, together with improvements thereon, andall property valued by the Nevada Tax Commission pursuant to NRS 361.320, 361.323 or 361.325 and similar intracounty propertiesin the district within its county.

3. If levied the tax must be assessed and collected inthe same manner, at the same time and by the same officers as are state andcounty property taxes, and must be paid to the county treasurer. The countytreasurer shall keep the money in a separate fund designated by district nameand it must be used only for fire protection purposes.

4. Any tax money or county general fund money providedfor support of the district may be used to provide structural as well as forestor watershed fire protection if deemed necessary. All funds must be expended inaccordance with an annual budget prepared by the State Forester Firewarden andapproved by the board of directors. The money so provided must be disbursed bythe county treasurer to the responsible protecting agencies in accordance withthe budget. All claims must be:

(a) Certified by a responsible officer of theprotecting agency.

(b) Subject to approval and audit as are other claimsagainst the agency.

(c) Subject to inspection and audit by the StateForester Firewarden and the board of county commissioners.

5. Any money budgeted for forest and watershedprotection must be deposited in the State Treasury to the credit of theDivision of Forestry account within the State General Fund and may be disbursedby the State Forester Firewarden in accordance with the district budget, andshall be used for the sole purpose of the prevention and suppression of firesin such organized fire protection districts in accordance with state law andregulations.

[5(b):149:1945; added 1949, 543; 1943 NCL 3169.04b](NRS A 1957, 323; 1963, 360; 1973, 270; 1977, 1053; 1983, 560)

NRS 473.060 Authorizationto issue negotiable bonds; purpose; limitation on amount. The board of directors may prepare, issue and sellnegotiable coupon bonds not exceeding $50,000 in amount, exclusive of interest,for the purpose of providing money for the purchase of fire-fighting equipmentand other necessary facilities for use in the respective fire protectiondistricts eligible for federal aid.

[Part 5(c):149:1945; added 1949, 543; 1943 NCL 3169.04c] + [5(d):149:1945; added 1949, 543; 1943 NCL 3169.04d](NRS A 1963,362; 1969, 1633; 1981, 964; 1985, 299)

NRS 473.065 Activitieswithin district which may be prohibited or restricted by State ForesterFirewarden; public announcement and posting of prohibited or restrictedactivities; applicability; penalty.

1. The State Forester Firewarden may prohibit orrestrict the following activities within the boundaries of any fire protectiondistrict governed by this chapter when a danger to public safety or naturalresources exists because of conditions which create a high risk of fire:

(a) The operation in an area of timber, brush or grass ofa motor vehicle or other item of equipment powered by a motor:

(1) If the motor does not have a spark arrestoras required by law; or

(2) If the operator does not have in hispossession an ax, shovel and at least 1 gallon of water;

(b) The operation in an area of timber, brush or grassof a motor vehicle off an existing paved, gravel or dirt road;

(c) The smoking of tobacco or other substances in anyplace other than a motor vehicle or an area cleared of flammable vegetation;

(d) Setting an open fire any place other than in afireplace located in an established picnic area or campground; or

(e) Other activities, if specified in regulationsadopted by the Firewarden and the prohibition or restriction is related toreducing a high risk of fire,

but theseprohibitions and restrictions do not apply in established campgrounds or picnicareas, beaches or places of habitation or to travel on state or federalhighways.

2. The State Forester Firewarden shall make a publicannouncement and post signs in any district where he has prohibited orrestricted any activities.

3. The State Forester Firewarden shall, upon findingthat a danger to public safety or to natural resources no longer exists, makeknown to the public the end of any prohibition or restriction in that district.

4. The provisions of this section apply only tospecified prohibitions or restrictions and do not confer upon the StateForester Firewarden the power to prohibit access to land.

5. Any person violating any of the provisions of thissection is guilty of a misdemeanor.

(Added to NRS by 1981, 483)

NRS 473.070 Liabilityfor damage by fire within district. Except asotherwise provided in NRS 527.126,within the boundaries of any fire protection district organized under thischapter, any person, firm, association or agency which, personally or throughanother, willfully, negligently or in violation of the law:

1. Sets fire to the property, whether privately orpublicly owned, of another;

2. Allows fire to be set to the property, whetherprivately or publicly owned, of another; or

3. Allows a fire kindled or attended by him to escapeto the property, whether privately or publicly owned, of another,

is liable tothe owner of such property for the damages thereto caused by such fire.

[9.1:149:1945; added 1953, 119](NRS A 1993, 1203)

NRS 473.080 Collectionof expenses for extinguishing fires or meeting other emergencies withindistrict. Within the boundaries of any fireprotection district organized under this chapter, any person, firm, associationor agency responsible for causing any fire or other emergency which threatenshuman life may be charged with the expenses incurred in extinguishing the fireor meeting the emergency, together with the cost of necessary patrol. Thischarge constitutes a debt of the person, firm, association or agency chargedand is collectible by the federal, state or county agency incurring suchexpenses in the same manner as in the case of an obligation under a contract,express or implied.

[9.2:149:1945; added 1953, 119](NRS A 1981, 485)

NRS 473.090 Unlawfulburning, blasting or use of fireworks, welding torch or other devices indistrict; permits; exceptions; penalty.

1. Except as otherwise provided in this section and NRS 527.126, it is unlawful within theboundaries of any fire protection district organized under this chapter for anyperson, firm, association, corporation or agency to burn, or cause to beburned, any brush, grass, logs or any other inflammable material, or blast withdynamite, powder or other explosive, or set off fireworks, or operate a weldingtorch, tarpot or any other device that may cause a fire in forest, grass orbrush, either on his own land or on the land of another, or on public land,unless such burning or act is done under a written permit from the StateForester Firewarden or his duly authorized agent and in strict accordance withthe terms of the permit.

2. Written permission is not necessary:

(a) At any time during the year when the State ForesterFirewarden determines that no fire hazard exists.

(b) To burn materials in screened, safe incinerators,or in incinerators approved by the State Forester Firewarden or his dulyauthorized agent, or in small heaps or piles, where the fire is set on a publicroad, corrals, gardens or ploughed fields, and at a distance not less than 100feet from any woodland, timber or brush-covered land or field containing drygrass or other inflammable material with at least one adult person in actualattendance at such fire at all times during its burning.

3. This section does not prevent the issuance of anannual permit to any public utility covering its usual and emergency operationand maintenance work within the district.

4. This section does not prevent the building ofnecessary controlled small camp and branding fires, but caution must be takento make certain that the fire is extinguished before leaving, and, in any casewhere the fire escapes and does injury to the property of another, such escapeand injury are prima facie evidence of a violation of this section.

5. The provisions of this section apply only to suchportions of the fire protection district as are outside incorporated cities andtowns.

6. Any person, firm, association, corporation oragency violating any of the provisions of this section is guilty of amisdemeanor.

[9.3:149:1945; added 1953, 119](NRS A 1957, 324;1971, 1457; 1979, 1479; 1993, 1203)

NRS 473.100 Eliminationof fire hazards.

1. Any owner of lands within a fire protectiondistrict created pursuant to this chapter shall eliminate and remove a firehazard on his property when directed to do so by the board.

2. If the owner does not comply within the timespecified by the board, the board may eliminate and remove the fire hazard andmay for this purpose contract with any person for the performance of the work.

3. The cost incurred by the district in eliminatingand removing the fire hazard may be recovered directly from the owner of theproperty or the district may make the cost a special assessment against thereal property. The special assessment may be collected at the same time and inthe same manner as ordinary county taxes are collected, and is subject to thesame penalties and the same procedure and sale in case of delinquency asprovided for ordinary county taxes. All laws applicable to the collection andenforcement of county taxes are applicable to the special assessment.

4. As used in this section, board means the board ofdirectors of the district.

(Added to NRS by 1991, 380)

 

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