2005 Nevada Revised Statutes - Chapter 475 — Crimes and Responsibilities Concerning Fires

CHAPTER 475 - CRIMES AND RESPONSIBILITIESCONCERNING FIRES

NRS 475.010 Willfulor negligent failure to guard or extinguish fire; penalty.

NRS 475.020 Willfulor negligent failure to extinguish fire in open; penalty.

NRS 475.030 Throwingburning cigarette or other material from moving vehicle; willful or negligentplacing of burning materials; penalty.

NRS 475.040 Destructionof timber, crops or vegetation by fire caused by gross negligence; criminalpenalty; civil action.

NRS 475.050 Smokingin building on which notice posted prohibiting smoking; penalty.

NRS 475.060 Operationof internal combustion engine without spark arrestor; penalty; exceptions.

NRS 475.070 Interferencewith peace officer, firefighter or member of search and rescue organization;disobedience of orders; penalty.

NRS 475.075 Intentionalobstruction of search and rescue organization; penalty.

NRS 475.080 Obstructionof extinguishment of fire; penalties.

NRS 475.090 Willfuland malicious damage or destruction of fire equipment or apparatus; penalty.

NRS 475.100 Falsefire alarms; penalties.

NRS 475.105 Theftof device to prevent, control, extinguish or give warning of fire; penalties.

NRS 475.110 Able-bodiedmales subject to fire-fighting duty; penalty for refusal; compensation andbenefits.

NRS 475.115 Volunteerfirefighters: Disclosure to employer; discharge from employment prohibited; civilaction; attorneys fees.

NRS 475.125 Investigationof fires resulting in death, injury or property damage.

NRS 475.210 Governormay 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 Claimby fire department to recover direct expenses and losses incurred whilefighting fire on property of State.

NRS 475.235 Dispositionof claims by State Board of Examiners.

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NRS 475.010 Willfulor negligent failure to guard or extinguish fire; penalty. Every person who willfully or negligently sets or fails toguard carefully or extinguish any fire, whether on his own land or the land ofanother, whereby the timber or property of another is endangered is guilty of amisdemeanor.

[1911 C&P 314; RL 6579; NCL 10262](NRS A1971, 1458; 1979, 1480)

NRS 475.020 Willfulor negligent failure to extinguish fire in open; penalty. Every person who, upon departing from camp or from anyfire started by him in the open, willfully or negligently leaves the fire orfires burning or unexhausted, or fails to extinguish them thoroughly, is guiltyof a misdemeanor.

[1911 C&P 367; RL 6632; NCL 10317](NRS A1971, 1458; 1979, 1480)

NRS 475.030 Throwingburning cigarette or other material from moving vehicle; willful or negligentplacing of burning materials; penalty.

1. It is unlawful for any person willfully ornegligently:

(a) To throw or place any lighted cigarette, cigar,ashes, match or other material which may cause a fire in any place where suchlighted cigarette, cigar, match, ashes or other material may start a fire.

(b) To throw or otherwise discard from a moving vehicleany lighted cigarette, cigar, ash or other material which may cause a fire.

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

[1:134:1929; A 1947, 458; 1943 NCL 10558](NRS A1967, 589; 1971, 1458; 1979, 1480)

NRS 475.040 Destructionof timber, crops or vegetation by fire caused by gross negligence; criminalpenalty; civil action. Every person who, withgross negligence, lights a fire for any purpose along the road through anywoodland, or upon the same, or at any other place in the open, and thereby, orby 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 own, is guilty of a publicoffense, as prescribed in NRS 193.155,proportionate to the value of the loss resulting therefrom, in addition tobeing liable to the owner of such property for the full value thereof in acivil action.

[1911 C&P 368; RL 6633; NCL 10318](NRS A1967, 589; 1979, 329)

NRS 475.050 Smokingin building on which notice posted prohibiting smoking; penalty. Every person who lights a pipe, cigar or cigarette in, orwho enters with a lighted pipe, cigar or cigarette, any mill or other buildingon which is posted in a conspicuous place over and near each principal entrancea notice in plain, legible characters stating that no smoking is allowed insuch building is guilty of a misdemeanor.

[1911 C&P 313; RL 6578; NCL 10261](NRS A1971, 1459; 1979, 1480)

NRS 475.060 Operationof internal combustion engine without spark arrestor; penalty; exceptions.

1. Every person, firm, corporation or associationwhich uses or permits to be used any internal combustion engine which isoperated on hydrocarbon fuels on any grass, brush or forest-covered landwithout providing, and maintaining in effective order, a spark arrestorattached to the exhaust system is guilty of a misdemeanor.

2. For the purposes of this section, a spark arrestoris a device constructed of nonflammable material specifically for the purposeof removing or retaining carbon and other flammable materials over 0.023 inchin size from the exhaust flow of an internal combustion engine that is operatedon hydrocarbon fuels.

3. Motortrucks, truck tractors, buses and passengervehicles, except motorcycles, are not subject to the provisions of this sectionif the exhaust system is equipped with an adequate and properly maintainedmuffler in constant operation.

[1911 C&P 315; RL 6580; NCL 10263](NRS A1967, 750; 1971, 1459; 1979, 1480)

NRS 475.070 Interferencewith 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 orfirefighter, or a member of a search and rescue organization who is under thedirection of the sheriff;

(b) Resists or interferes with any lawful effort toextinguish the fire; or

(c) Engages in any conduct likely to interfere with theextinguishment of the fire,

is guilty ofa 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 orfirefighter, or a member of a search and rescue organization who is under thedirection of the sheriff, or resists or interferes with the lawful efforts ofany firefighters or company of firefighters, or members of a search and rescueorganization who are under the direction of the sheriff, to control or handlethe emergency, or conducts himself in a disorderly manner likely to interferewith the control or handling thereof, or who forbids, prevents or dissuadesothers from assisting to control or handle the emergency, is guilty of amisdemeanor.

[1911 C&P 312; RL 6577; NCL 10260](NRS A1971, 1459; 1979, 1481; 1987, 990; 2005, 337)

NRS 475.075 Intentionalobstruction of search and rescue organization; penalty.

1. A person who, with intent to prevent or obstructthe response to an emergency, damages, removes or hinders the operation of anyvehicle, apparatus, equipment or animal being used or which may be used in anemergency by a member of a search and rescue organization, is guilty of apublic offense, as prescribed in NRS 193.155,proportionate to the value of the loss resulting therefrom, but in no eventless than a misdemeanor.

2. As used in this section, vehicle means any devicein, upon, or by which any person or property is or may be transported.

(Added to NRS by 1987, 989)

NRS 475.080 Obstructionof extinguishment of fire; penalties. Every personwho, with intent to prevent or obstruct the extinguishment of any fire, cuts,damages or removes any bell rope, wire or other apparatus for communicating analarm of fire, or cuts, injures or destroys any engine, hose or other fireapparatus, 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 ofthe loss resulting therefrom and in no event less than a misdemeanor.

[1911 C&P 311; RL 6576; NCL 10259](NRS A1967, 589; 1971, 1459; 1979, 1481)

NRS 475.090 Willfuland 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 orother 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 Falsefire alarms; penalties.

1. It is unlawful for a person intentionally to giveor cause to be given, or turn in or cause to be turned in, any false alarm offire.

2. A person who violates any of the provisions of thissection shall be punished:

(a) If the act is malicious and another person suffersdeath or substantial bodily harm as a result, for a category D felony asprovided in NRS 193.130.

(b) Otherwise, for a gross misdemeanor.

3. This section does not apply to alarms given forpractice by any chief of a fire department or by any other person properlyauthorized to give such alarms, nor to alarms given by a person to attractattention of police, firefighters or other people to acts of violence, disorderor menace.

[1911 C&P 336; RL 6601; NCL 10284] + [1911C&P 337; RL 6602; NCL 10285](NRS A 1967, 590; 1971, 1460; 1979,1482; 1987, 1476; 1995, 1296; 2005, 337)

NRS 475.105 Theftof device to prevent, control, extinguish or give warning of fire; penalties. A person who steals a device intended for use inpreventing, controlling, extinguishing or giving warning of a fire:

1. If the device has a value of less than $250, isguilty of a gross misdemeanor.

2. If the device has a value of $250 or more, isguilty 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)

NRS 475.110 Able-bodiedmales subject to fire-fighting duty; penalty for refusal; compensation andbenefits.

1. All sheriffs, their deputies, firewardens or otherpeace officers or any national forest officer may call upon able-bodied malepersons within the State of Nevada who are between the ages of 16 years and 50years for assistance in extinguishing fires in timber or in brush.

2. Persons who refuse to obey the summons or whorefuse to assist in fighting fire for the period stated in subsection 3, unlessthey present sufficient reasons, are guilty of a misdemeanor.

3. No male person may be required to fight fires atotal of more than 5 days during any 1 year.

4. The board of county commissioners may fix theamount of compensation to be paid to male persons drafted to fight fires asprovided in this section, and the sums so fixed must be allowed and paid asother claims against the county are paid.

5. For the purpose of obtaining the benefits of theNevada Industrial Insurance Act, male persons drafted to fight fires must beconsidered employees of the county demanding their services, and they areentitled to receive for disability incurred by reason thereof the benefitsunder the Nevada Industrial Insurance Act. The county shall report and paypremiums to a private carrier authorized to provide industrial insurance inthis 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 Volunteerfirefighters: Disclosure to employer; discharge from employment prohibited;civil action; attorneys fees.

1. Any person, corporation, partnership, associationor other entity who is an employer or is vested with the power to discharge orrecommend the discharge of a person who serves as a volunteer firefighter shallnot deprive the person performing such service of his employment as aconsequence of his action.

2. A person discharged in violation of subsection 1may commence a civil action against his employer and obtain:

(a) Wages and benefits lost as a result of theviolation;

(b) An order of reinstatement without loss of position,seniority or benefits;

(c) Damages equal to the amount of lost wages andbenefits; and

(d) Reasonable attorneys fees fixed by the court.

3. Any applicant for employment who is, and anyemployee who becomes, a volunteer firefighter must disclose that fact to hisprospective or present employer, as the case may be.

(Added to NRS by 1983, 919; A 2005, 337)

NRS 475.125 Investigationof fires resulting in death, injury or property damage. Each fire department:

1. May investigate the cause, origin and circumstancesof each fire which occurs within its jurisdiction and which results in thedestruction 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 thefire which caused the injury.

(Added to NRS by 1979, 171; A 1991, 1897)

NRS 475.210 Governormay close land or prohibit burning in areas which are fire hazards.

1. Whenever the Governor finds that conditions ofextreme fire hazard exist, either in or out of the fire hazard season, he mayby proclamation close or partially close such land or areas as he may find tobe in such condition of extreme hazard to the general public and prohibit orlimit burning and other acts thereon to such degree and in such ways as hedeems necessary to reduce the danger of forest and other wild land fires.

2. The Governor shall declare the end of any suchemergency only upon a finding that the conditions of extreme fire hazard nolonger 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 oroperating a dump shall provide such devices and conditions therefor as willreasonably promote the safe operation thereof and guard against the escape offire therefrom.

2. The State Forester Firewarden shall have power tomake rules and regulations for the implementation of this section.

(Added to NRS by 1965, 306)

NRS 475.230 Claimby fire department to recover direct expenses and losses incurred whilefighting fire on property of State.

1. Any firedepartment which engages in fighting a fire on property owned by the Statewithin the jurisdictional limits of the fire department may submit a claim tothe State Board of Examiners to recover any direct expenses and losses incurredas a result of fighting that fire.

2. The claimmust 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 thefire department;

(c) The nameand address, if known, of the state agency having jurisdiction over theproperty on which the fire occurred;

(d) The exactlocation of the fire;

(e) Adescription of the property burned;

(f ) The number and classification of thepersonnel and the number and type of equipment used to fight the fire;

(g) A copy ofthe fire report; and

(h) An itemizedlist of direct expenses and losses incurred while fighting the fire, includingthe purchase cost, estimated cost of repairs and a statement of depreciatedvalue immediately preceding and after the damage to or destruction of any equipmentand the extent of any insurance coverage.

3. As used inthis section, direct expenses and losses means certain expenses and losseswhich were incurred while fighting a fire on property owned by the State. Theterm is limited to:

(a) Thedepreciated value, if any, of any equipment or vehicle which was damaged ordestroyed; and

(b) If the employer maintains a plan which supplementscoverage for workers compensation provided pursuant to chapters 616A to 616D,inclusive, or chapter 617 of NRS by a privatecarrier and, if the benefits are provided from public money and not by aninsurer, any injury or death benefits which would have been paid by theemployer from public money.

(Added to NRS by 1979, 1165; A 1981, 1528; 1995,2047; 1999, 236, 1826; 2001, 1082)

NRS 475.235 Dispositionof claims by State Board of Examiners.

1. The State Board of Examiners may submit a copy ofthe claim to the State Fire Marshal for review. The State Fire Marshal shallmake his recommendations to the State Board of Examiners who shall make a finaldetermination of the disposition of the claim.

2. All claims approved by the State Board of Examinersmust be paid as other claims against the State are paid.

(Added to NRS by 1979, 1166)