Nevada Fire Protection Licensing Law

Nevada Code · 116 sections

The following is the full text of Nevada’s fire protection licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 119.183

NRS

119.183

Sales: Disclosure to purchaser concerning public services and utilities.

Each seller of more than one lot created by a map of division into large parcels must, before the intending purchaser signs any binding agreement, disclose to the intending purchaser in writing by a separate document signed by the intending purchaser that the city, county, school district and special districts are not obligated to furnish any service, specifically mentioning fire protection and roads, to the land so divided, and that any public utility may be similarly free of obligation.

(Added to NRS by 1979, 1507 )

NRS 193.155

NRS

193.155

Penalty for public offense proportionate to value of property affected or loss resulting from offense.

Every person who is guilty of a public offense proportionate to the value of the property affected or the loss resulting from the offense shall be punished as follows:

Where the value of the loss is $5,000 or more or where the damage results in impairment of public communication, transportation or police and fire protection, for a category C felony as provided in NRS 193.130 .
Where the value of the loss is $250 or more but less than $5,000, for a gross misdemeanor.
Where the value of the loss is $25 or more but less than $250, for a misdemeanor.
Where the value of the loss is less than $25, by a fine of not more than $500.

(Added to NRS by 1967, 459 ; A 1995, 1168 )

NRS 202.580

NRS

202.580

Removal, damage or destruction of signal or apparatus for police or fire alarm; impairing effectiveness of or installing inoperable system for fire protection.

Every person who willfully and maliciously removes, damages or destroys any rope, wire, bell, signal, instrument or apparatus for the communication of alarms of fire or police calls is guilty of an offense proportionate to the value of the property removed, damaged or destroyed, but in no event less than a misdemeanor.
Every contractor who willfully or maliciously installs or causes to be installed in any structure a fire protection system knowing it to be inoperable, or who impairs the effectiveness of a fire protection system in any structure to an extent that a person in the structure would be endangered in the event of a fire, shall be punished by the permanent revocation of every license issued to the contractor by this state or any political subdivision authorizing the contractor to install fire protection systems, and for a gross misdemeanor.
The conviction of a person for a violation of the provisions of subsection 2 does not preclude the prosecution of that person for deceptive trade practices, fraud or similar crimes.
As used in this section:

(a) Automatic fire extinguishing system means a system approved by the State Fire Marshal that is installed in a structure and designed to extinguish a specific type of fire. This type of system includes dry chemical, carbon dioxide, halogenated agent, steam, high-expansion foam, foam extinguishing and liquid agent systems.

(b) Automatic fire sprinkler system means a system of underground or overhead pipes, or both, to which sprinklers are attached that is installed in a structure and designed to discharge water automatically when activated by heat from a fire and to sound an alarm when the system is in operation.

(c) Contractor means any person, including a subcontractor, employee or agent of the contractor, who, for another person and for compensation or with the intention or expectation of receiving compensation, undertakes to install or cause to be installed, by himself or herself or by or through others, in any structure, a fire protection system.

(d) Fire alarm system means a system composed of a control unit and a combination of electrical devices that is designed to sound an alarm in the event of a fire and that may be activated manually, automatically or in both ways.

(e) Fire protection system includes an automatic fire sprinkler system, an automatic fire extinguishing system, a fire alarm system and a standpipe system.

(f) Standpipe system means a system of pipes, valves, connectors and related equipment that is attached to a water supply and designed so that water can be discharged through a hose attached to a connector for the purpose of extinguishing a fire.

(g) Structure includes a building, bridge, tunnel and power plant.

[1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1967, 489 ; 1989, 1044 )

NRS 206.330

NRS

206.330

Placing graffiti on or otherwise defacing property: Fines and penalties; restitution; parent or guardian responsible for fines and penalties if person violating section is under age of 18 years; suspension of drivers license.

Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:

(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.

(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.

(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130 . If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

(d) Where the offense is committed on any protected site in this State, is guilty of a category D felony and shall be punished as provided in NRS 193.130 . If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

Unless a greater penalty is provided by a specific statute, a person who has previously been convicted of a violation of subsection 1:

(a) Two or more times; or

(b) That was punished as a felony,

Ê and who violates subsection 1, regardless of the value of the loss, is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $500 or more.
A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

(a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service.

(b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service.

(1) Pay a fine of $1,000; and

(2) Perform up to 300 hours of community service for up to 1 year, as determined by the court. The court may order the person to repair, replace, clean up or keep free of graffiti the property damaged or destroyed by the person or, if it is not practicable for the person to repair, replace, clean up or keep free of graffiti that specific property, the court may order the person to repair, replace, clean up or keep free of graffiti another specified property.

Ê The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

The court may, in addition to any other fine or penalty imposed, order a person who violates subsection 1 to pay restitution.
The parent or legal guardian of a person under 18 years of age who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the drivers license of the person for not less than 6 months but not more than 2 years. The court shall require the person to surrender all drivers licenses then held by the person. If the person does not possess a drivers license, the court shall issue an order prohibiting the person from applying for a drivers license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.
The Department of Motor Vehicles:

(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

(b) Shall report the suspension of a drivers license pursuant to this section to an insurance company or its agent inquiring about the persons driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.
As used in this section:

(a) Impairment means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.

(b) Protected site means:

(1) Any site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;

(2) Any site, building, structure, object or district listed in the register of historic resources of a community which is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources;

(3) Any site, building, structure or object, including, without limitation, a landmark, or district listed in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places;

(4) Any site, building, structure, object or district that is more than 50 years old and is located in a municipal or state park;

(5) Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or

(6) Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

(c) Value of the loss means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.

(Added to NRS by 1995, 736 ; A 1997, 37 ; 2001, 2582 ; 2003, 1019 ; 2007, 2297 ; 2011, 1598 ; 2013, 1540 ; 2015, 1008 ; 2019, 969 )

NRS 209.457

NRS

209.457

Program for operating conservation camps.

The State Forester Firewarden shall, in cooperation with the Department, establish and carry out a program for operating conservation camps in this State.
The program established pursuant to subsection 1:

(a) May use offenders who are committed to the custody of the Department and eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto to perform work relating to firefighting, forestry conservation programs, public safety and other work projects, including, without limitation, day labor projects, emergency response and work projects that promote conservation of natural resources and human resources; and

(b) Must include the training necessary to prepare the staff of a conservation camp and the offenders assigned to the conservation camp to assist in firefighting and other work projects in a safe manner.

The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into:

(a) Contracts with any state or federal public agency, municipal corporation or any person for the performance of conservation projects, including, without limitation, conservation projects relating to forest fire protection and control, watershed management, soil conservation, vegetation management, range management and the beautification of highways; and

(b) Cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners to carry out a program for operating conservation camps as set forth in this section.

(Added to NRS by 2009, 4 )

NRS 244.187

NRS

244.187

Displacement or limitation of competition: Services.

A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

Ambulance service.
Taxicabs and other public transportation, unless regulated in that county by an agency of the State.
Collection and disposal of garbage and other waste.
Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
Water and sewage treatment, unless regulated in that county by an agency of the State.
Concessions on, over or under property owned or leased by the county.
Operation of landfills.
Except as otherwise provided in NRS 277A.330 , construction and maintenance of benches and shelters for passengers of public mass transportation.

(Added to NRS by 1960, 433 ; A 1971, 1372 ; 1975, 569 ; 1985, 1240 ; 1989, 994 ; 2005, 2319 ; 2009, 850 )

NRS 244.2963

NRS

244.2963

Assumption of certain rights, duties, liabilities and obligations.

If the board of county commissioners establishes a district for a fire department, the department:

Assumes all rights, duties, liabilities and obligations of any fire department in any unincorporated town in the county which is subject to the provisions of NRS 269.500 to 269.625 , inclusive.
Assumes all rights, duties, liabilities and obligations of any county fire protection district only upon dissolution of the district as provided in chapter 474 of NRS.

(Added to NRS by 1979, 926 ; A 1989, 75 ; 2023, 253 )

NRS 244.3545

NRS

244.3545

Conditions which may be imposed.

The conditions which may be imposed by the board, as provided in NRS 244.3544 , for the protection of the health, safety and property of local residents and persons attending such assemblies may include the following:

A minimum number of law enforcement officers employed at the licensees expense.
Adequate drinking water.
An adequate sewage system.
Adequate food supplies.
Adequate toilet facilities.
Adequate medical facilities, including doctors and supplies.
A minimum amount of parking space for vehicles.
Adequate camping facilities.
Indemnity or performance bonds.
Adequate fire protection at the licensees expense.
Financial statements.
A communication system.
Other conditions determined by the board to be necessary to protect the health, welfare and property of local residents and persons attending the assembly.

(Added to NRS by 1973, 1298 )

NRS 244.3671

NRS

244.3671

Action to recover expenses incurred in extinguishing wildfire.

A board of county commissioners may bring an action in a court of competent jurisdiction against any person, firm, association or agency that is responsible for willfully or negligently causing a wildfire to recover any expenses incurred by the county in extinguishing the wildfire and reasonable attorneys fees and litigation expenses.
In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a wildfire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the county in extinguishing a wildfire and attorneys fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the wildfire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

As used in this section:

(a) Fire-fighting agency means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

(b) Livestock has the meaning ascribed to it in

NRS 569.0085 .

(Added to NRS by 2021, 1371 )

NRS 266.019

NRS

266.019

Petition for incorporation: Contents; form.

The petition for incorporation must include the following information concerning the area proposed to be incorporated:

(a) A description of the area prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain courses and distances measured from fixed points, but may be based upon assessors parcel maps, existing boundaries of subdivision or parcel maps, visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.

(b) The proposed name of the city.

(d) The number of persons who reside in the area.

(e) The number of owners of record of real property within the area.

(f) A statement that the area meets the requirements of NRS 266.017 .

(g) A statement of the committees plans for providing police and fire protection, maintaining the streets, providing water and sewer services, collecting the garbage and providing administrative services in the proposed city, with an estimate of the costs and sources of revenue.

(h) A map or plat of the area which is prepared from the description required by paragraph (a) and that shows the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

The petition must be substantially in the following form:

PETITION FOR INCORPORATION

To the Board of County Commissioners of ................ County, Nevada:

We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within ................ County namely, ......................... (describe area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.

Each signer of this petition states:

I have personally signed this petition as a qualified elector of this state; and
I have correctly stated on this petition my residence, mailing address and the date of my signature.

(Added to NRS by 1987, 1701 ; A 1989, 235 ; 1997, 1062 )

NRS 266.043

NRS

266.043

County entitled to receive taxes from city between notice of results of election and effective date of incorporation; special districts within city continue to exist.

During the period from the filing of the notice of the results of the election by the county clerk pursuant to NRS 266.033 until the date the incorporation of the city becomes effective, the county is entitled to receive the taxes and other revenue from the incorporated city and shall continue to provide services to the city.
Except as otherwise provided in NRS 318.492 , all special districts, except fire protection districts, located within the boundaries of an incorporated city continue to exist within that city after the incorporation becomes effective.

(Added to NRS by 1987, 1705 ; A 1989, 520 )

NRS 268.081

NRS

268.081

Displacement or limitation of competition: Services.

The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

Ambulance service.
Taxicabs and other public transportation, unless regulated in that city by an agency of the State.
Collection and disposal of garbage and other waste.
Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
Water and sewage treatment, unless regulated in that city by an agency of the State.
Concessions on, over or under property owned or leased by the city.
Operation of landfills.
Search and rescue.
Inspection required by any city ordinance otherwise authorized by law.
Except as otherwise provided in NRS 277A.330 , construction and maintenance of benches and shelters for passengers of public mass transportation.
Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.

(Added to NRS by 1973, 368 ; A 1985, 1242 ; 1989, 995 ; 2005, 2319 ; 2009, 851 )

NRS 268.4095

NRS

268.4095

Action to recover expenses incurred in extinguishing wildfire.

A city council or other governing body of a city may bring an action in a court of competent jurisdiction against any person, firm, association or agency that is responsible for willfully or negligently causing a wildfire to recover any expenses incurred by the city in extinguishing the wildfire and reasonable attorneys fees and litigation expenses.
In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a wildfire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the city in extinguishing a wildfire and attorneys fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the wildfire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

As used in this section:

(b) Livestock has the meaning ascribed to it in

NRS 569.0085 .

(Added to NRS by 2021, 1372 )

NRS 268.4295

NRS

268.4295

Conditions which may be imposed.

The conditions which may be imposed by the city council, as provided in NRS 268.4294 , for the protection of the health, safety and property of local residents and persons attending such assemblies may include the following:

A minimum number of law enforcement officers employed at the licensees expense.
Adequate drinking water.
An adequate sewage system.
Adequate food supplies.
Adequate toilet facilities.
Adequate medical facilities, including doctors and supplies.
A minimum amount of parking space for vehicles.
Adequate camping facilities.
Indemnity or performance bonds.
Adequate fire protection at the licensees expense.
Financial statements.
A communication system.
Other conditions determined by the city council to be necessary to protect the health, welfare and property of local residents and persons attending the assembly.

(Added to NRS by 1973, 1301 )

NRS 268.578

NRS

268.578

Plans for extension of services to territory proposed to be annexed; contents of report.

Any city exercising authority under NRS 268.570

to 268.608 , inclusive, shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days before the public hearing provided for in NRS 268.590 , prepare and file with its city clerk a report setting forth the plans to provide services to the territory. The report must include:

An accurate map or plat of the territory proposed to be annexed, prepared under the supervision of a competent surveyor or engineer.
A map or maps of the city and the adjacent territory to show the following information:

(a) The present and proposed boundaries of the annexing city.

(b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk water lines and other utility lines.

(c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 4.

(d) The present and proposed general land use pattern in the territory proposed to be annexed.

A statement showing that the territory proposed to be annexed meets the requirements of NRS 268.580 .
A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

(a) Must provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of the annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately before the effective date of the annexation.

(b) Must provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when the streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

(c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of the annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights-of-way and the installation of off-site improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In that event, the plans must designate which services, or portions thereof, will be extended at the expense of the annexing city and which services, or portions thereof, will be extended at the expense of the property owners. Services extended at the property owners cost must be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and must be a part of the annexation plan prepared by the municipality.

(d) Must, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed schedule for the construction of the extensions as soon as possible following the effective date of the annexation. In any event, the plans must call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

(e) Must set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

(Added to NRS by 1967, 1602 ; A 1981, 344 )

NRS 268.597

NRS

268.597

Alternative procedures for annexing territory.

Except as otherwise provided in NRS 268.581 , as an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596 , inclusive, the governing body of a city may, subject to the provisions of NRS 268.595 , annex territory:

(a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territory to the city;

(b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or

(c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:

(1) Owns the territory; and

(2) Does not object to the annexation of that territory by the governing body.

(a) A petition specified in paragraph (a) of subsection 1 is accepted by the governing body;

(b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or

(c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,

Ê the governing body may proceed to adopt an ordinance annexing the territory and to take such other action that is appropriate to accomplish the annexation.

As used in this section, municipal services includes, without limitation:

(a) Water;

(b) Sewerage;

(d) Fire protection;

(e) Parks;

(f) Maintenance of streets; and

(g) Master planning for:

(1) The development and use of land;

(2) The provision of water and sewerage by the governing body; or

(3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.

(Added to NRS by 1979, 790 ; A 1983, 740 ; 1993, 88 ; 2001, 605 , 2943 ;

2023, 248 )

NRS 268.660

NRS

268.660

Denial of annexation; annexation over protest; exclusion of lands owned by public body.

Except as provided in subsection 2, the annexation must be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:

(a) A majority in number of the real property owners of the territory proposed to be annexed; or

(b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.

Annexation of territory to a city may be approved over any protest if:

(a) The territory proposed to be annexed is entirely surrounded by such city and:

(1) Does not exceed 40 acres in area; or

(2) Is subdivided for residential, commercial or industrial purposes;

(b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and

(c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.

In a county that is subject to the provisions of NRS 278.026 to 278.029 , inclusive, if an annexation is denied because of:

(a) A protest made pursuant to subsection 1, the regional planning commission shall review the program of annexation and the comprehensive regional plan and shall:

(1) Place the territory removed from the program of annexation in a category in the comprehensive regional plan that is not scheduled to receive public facilities or public services for the duration of the annexation program;

(2) Place the territory removed from the program of annexation, with the consent of the governing body of the county and the governing body of the affected city, in a category in the comprehensive regional plan that is scheduled to receive public facilities and public services from the county; or

(3) Retain the territory within the program of annexation. This subparagraph does not preclude a subsequent proceeding with respect to all or part of that territory if the proceeding is commenced more than 1 year after the public hearing.

(b) A failure of the city to put into effect the program of annexation, the regional planning commission may direct that the territory be placed in a category in the comprehensive regional plan that allows the county to provide services to the territory.

A public body may exclude its own lands from annexation if they are held for purposes other than highways.

(Added to NRS by 1967, 1624 ; A 1971, 278 ; 1991, 1740 )

NRS 268.676

NRS

268.676

Building project defined.

Building project means any public building or complex of buildings to accommodate or house lawful municipal activities, including, without limitation, courts, records, municipal personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, off-street parking facilities, fire protection and fire-fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.

(Added to NRS by 1973, 998 ; A 2003, 1130 )

NRS 268.688

NRS

268.688

Fire protection project defined.

Fire protection project means any facilities for a municipal fire protection system, including without limitation fire stations, pumper trucks, hook and ladder trucks, rescue trucks, fire engines, other motor vehicles, water works, hydrants, other water supply facilities, telegraphic fire signals, telephone, telegraph, radio and television service facilities, hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans, artificial lights, respirators, rescue equipment and other fire protection and fire-fighting apparatus (or any combination thereof), and other buildings, structures, furnishings and equipment therefor.

(Added to NRS by 1973, 999 )

NRS 268.730

NRS

268.730

General powers of governing body.

Except as otherwise provided in NRS 268.086 and

268.088 , any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

A building project;
A cemetery project;
A communications project;
A drainage project or flood control project;
An electric project;
A fire protection project;
A flood management project;
A natural gas project;
An off-street parking project;
An overpass project;
A park project;
A propane gas project;
A recreational project;
A refuse project;
A sewerage project;
A sidewalk project;
A street project;
A transportation project;
An underpass project; and
A water project.

(Added to NRS by 1973, 1002 ; A 1997, 2746 ; 2001, 2080 ; 2009, 2740 ; 2013, 304 )

NRS 269.128

NRS

269.128

Displacement or limitation of competition: Services.

A town board or board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the town and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

Ambulance service.
Taxicabs and other public transportation, unless regulated in that town by an agency of the State.
Collection and disposal of garbage and other waste.
Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
Water and sewage treatment, unless regulated in that town by an agency of the State.
Concessions on, over or under property owned or leased by the town.
Operation of landfills.
Except as otherwise provided in NRS 277A.330 , construction and maintenance of benches and shelters for passengers of public mass transportation.

(Added to NRS by 1985, 1243 ; A 2001, 845 ; 2005, 2319 ; 2009, 851 )

NRS 269.247

NRS

269.247

Crash reports and related materials: Provision upon receipt of reasonable fee; exceptions.

A police department or other law enforcement agency of a town shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of a crash, or the persons legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, the persons legal representative or insurer, as applicable, with a copy of the crash report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the crash, unless:

The materials are privileged or confidential pursuant to a specific statute; or
The crash involved:

(a) The death or substantial bodily harm of a person;

(b) Failure to stop at the scene of a crash; or

(Added to NRS by 1987, 1052 ; A 2005, 702 ; 2015, 1661 )

FIRE PROTECTION

NRS 269.575

NRS

269.575

Town services.

Town services, any one of which or any combination of which may be supplied to the residents of a particular unincorporated town include, but need not be limited to:

(a) Cemetery;

(b) Dump stations and sites;

(d) Flood control and drainage;

(e) Garbage collection;

(f) Police;

(g) Parks;

(h) Recreation;

(i) Sewage collection;

(j) Streets;

(k) Street lights;

(l) Swimming pools;

(m) Television translator;

(n) Water distribution; and

(o) Acquisition, maintenance and improvement of town property.

Each unincorporated town is limited to that service or those services whose supply provided the basis for the formation of the town, as adjusted from time to time pursuant to NRS 269.570 .

(Added to NRS by 1975, 1347 ; A 1977, 1003 ; 1985, 2254 )

NRS 271.113

NRS

271.113

Fire protection project defined.

Fire protection project means any facilities for a municipal fire protection system, including, without limitation, fire stations, pumper trucks, hook and ladder trucks, rescue trucks, fire engines, other motor vehicles, water works, hydrants, other water supply facilities, telegraphic fire signals, telephone, telegraph, radio and television service facilities, hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans, artificial lights, respirators, rescue equipment and other fire protection and fire-fighting apparatus, or any combination thereof, and other buildings, structures, furnishings and equipment therefor.

(Added to NRS by 2015, 29th Special Session, 36 )

NRS 271.265

NRS

271.265

General powers of counties, cities and towns. [Effective through June 30, 2032.]

The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.
As used in this section, qualified project has the meaning ascribed to it in NRS 360.888 or 360.940 .

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 )

NRS

271.265

General powers of counties, cities and towns. [Effective July 1, 2032, through June 30, 2036.]

The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.
As used in this section, qualified project has the meaning ascribed to it in NRS 360.940 or the former provisions of NRS 360.888 as those provisions existed on June 30, 2032.

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 , effective July 1, 2032)

NRS

271.265

General powers of counties, cities and towns. [Effective July 1, 2036.]

The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.
As used in this section, qualified project has the meaning ascribed to it in the former provisions of NRS 360.888 as those provisions existed on June 30, 2032, or the former provisions of NRS 360.940 as those provisions existed on June 30, 2036.

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 , effective July 1, 2036)

NRS 271.670

NRS

271.670

Agreement with owner of property interest in district to defray cost of local governmental services during term of pledge: Contents; determination by governing body of municipality; notice to and hearing by board of trustees of school district; conclusiveness of governing bodys determination.

After the adoption of an assessment ordinance in accordance with NRS 271.650 , the governing body of a municipality may, except as otherwise provided in subsection 2, enter into an agreement with one or more of the owners of any interest in property within the improvement district, pursuant to which that owner would agree to make payments to the municipality or to another local government that provides services in the improvement district, or to both, to defray, in whole or in part, the cost of local governmental services during the term of the pledge authorized pursuant to subsection 1 of NRS 271.650 . Such an agreement must specify the amount to be paid by the owner of the property interest, which may be stated as a particular amount per year or as an amount based upon any formula upon which the municipality and owner agree.
The governing body of a municipality shall not enter into an agreement pursuant to subsection 1 unless the governing body determines that the project and the assessment of property within the improvement district will not have a positive fiscal effect on the provision of local governmental services, after considering:

(a) The amount of the proceeds of all taxes and other governmental revenue projected to be received as a result of the properties and businesses expected to be located in the improvement district;

(b) The use of the amounts pledged pursuant to subsection 1 of NRS 271.650 ; and

(c) Any increase in costs for the provision of local governmental services, including, without limitation, services for police protection and fire protection, as a result of the project and the development of land within the improvement district.

Before making any determination pursuant to subsection 2, the governing body of a municipality shall provide to the board of trustees of the school district in which the improvement district is located, at least 45 days before making the determination:

(a) Written notice of the time and place of the meeting at which the governing body will consider making the determination; and

(b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the pledge authorized pursuant to NRS 271.650 on the provision of local governmental services, including education.

Ê After the receipt of that notice and before the date of that meeting of the governing body of the municipality, the board of trustees shall conduct a hearing regarding the fiscal effect, if any, of the project and the pledge authorized pursuant to NRS 271.650 on the school district, and submit to the governing body any comments regarding that fiscal effect. The governing body shall consider those comments when making any determination pursuant to subsection 2 and may consider those comments when determining the terms of any agreement pursuant to subsection 1.

Any determination made pursuant to subsection 2 is conclusive in the absence of fraud or gross abuse of discretion.

(Added to NRS by 2003, 2934 )

NRS 277.180

NRS

277.180

Interlocal contracts.

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform.
If it is reasonably foreseeable that a public agency will be required to:

(a) Expend more than $25,000 to carry out a contract, the contract must:

(1) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties;

(2) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force;

(3) If an agency of this State is a party to the contract, be approved by the Attorney General as to form and compliance with law; and

(4) Be in writing.

(b) Expend $25,000 or less to carry out a contract, each participating public agency shall maintain written documentation of the terms of the contract for at least 3 years after the date on which the contract was entered into.

The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:

(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this State.

(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

(f) The joint and cooperative use of law enforcement agencies.

(g) The joint use or operation of a system of public transportation.

Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

(Added to NRS by 1965, 1334 ; A 1967, 699 ; 1973, 1077 ; 1999, 2173 ; 2001, 808 , 1080 ,

1083 ;

2007, 499 )

STATE AND LOCAL GOVERNMENT COOPERATION ACT

NRS 278.02528

NRS

278.02528

Regional planning coalition authorized to develop comprehensive regional policy plan; contents; prerequisites to adoption and amendment of plan; designation of regional transportation commission to administer plan.

If established pursuant to NRS 278.02514 , the regional planning coalition may develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
In developing the plan, the coalition may:

(a) Consult with other entities that are interested or involved in regional planning within the county.

(b) Include goals, policies, maps and other documents relating to:

(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

(2) Population, including, without limitation, standardized projections for population growth in the region.

(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region, and that the plan addresses, if applicable:

(I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

(II) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation.

(4) Transportation.

(5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.

(6) Air quality.

(7) Strategies to promote and encourage:

(I) The interspersion of new housing and businesses in established neighborhoods;

(II) The preservation of historic neighborhoods; and

(III) Development in areas in which public services are available.

The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:

(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and

(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514 .

The regional planning coalition may designate the regional transportation commission to administer the comprehensive regional policy plan.

(Added to NRS by 1999, 1928 ; A 1999, 3370 ; 2005, 1584 ; 2007, 340 ; 2009, 2758 ; 2017, 1314 ; 2023, 631 )

NRS 278.02535

NRS

278.02535

Regional planning coalition: Study and development of incentives for certain types of development.

If established pursuant to NRS 278.02514 , the regional planning coalition may study and develop methods to provide incentives for:

(a) The interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:

(1) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and

(2) Imposition of a fee for the extension of infrastructure to encourage such interspersion.

(b) Mixed-use development, transit-oriented development, the development of a brownfield site and development which minimizes the negative impact on the environment. As used in this paragraph, brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.

(c) Large commercial development which provides employee parking at a site other than the commercial development. Such incentives may be developed in cooperation with the regional transportation commission and other governmental entities.

As used in this section, infrastructure means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.

(Added to NRS by 1999, 1928 ; A 1999, 3371 ; 2005, 1585 ; 2023, 632 )

NRS 278.02591

NRS

278.02591

Analysis by governing body of cost to construct infrastructure in undeveloped area: Establishment; contents; approval.

A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is undeveloped land and which is likely to become developed.
The analysis of the cost to construct infrastructure in an area that is undeveloped land must include, without limitation:

(a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;

(b) An estimate of the expected total population of the area when the land becomes fully developed;

(c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220 ; and

(d) A plan for the development of the infrastructure which includes, without limitation:

(1) Any minimum requirements for the development of infrastructure that have been determined by the regional planning coalition;

(2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;

(3) An estimate of the date on which each phase of the development will occur;

(4) The manner in which the plan for the development of the infrastructure will be implemented; and

(5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.

The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.

(Added to NRS by 1999, 3364 ; A 2015, 314 ; 2023, 636 )

NRS 278.583

NRS

278.583

National Electrical Code: Applicability; approval; modification.

After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this State by any person, firm, association or corporation, whether public or private, must be in compliance with the technical provisions of the National Electrical Code of the National Fire Protection Association in the form most recently approved by the governing body of the city or county in which the building or other structure is located. The governing body of each city or county shall review each edition of the National Electrical Code that is published by the National Fire Protection Association after the 1996 edition to ensure its suitability for that city or county. Each new edition of the code shall be deemed approved by the governing body of each city or county unless the edition is disapproved by that governing body within 60 days after the date of publication by the National Fire Protection Association.
Any city or county within the State may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.

(Added to NRS by 1973, 1140 ; A 1975, 1196 ; 1985, 373 ; 1997, 2483 )

NRS 278.586

NRS

278.586

Adoption of building code or other action by local government requiring installation of automatic fire sprinkler system in new residential dwelling units and other structures.

A governing body may adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of 5,000 square feet or more.
Except as otherwise provided in subsection 3, a governing body may, on or after July 1, 2015, adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet only if, before adopting the building code or taking the action, the governing body:

(a) Conducts an independent cost-benefit analysis of the adoption of a building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet; and

(b) Makes a finding at a public hearing that, based on the independent cost-benefit analysis conducted pursuant to paragraph (a), adoption of the building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet is to the benefit of the owners of the residential dwelling units to which the requirement would be applicable and that such benefit exceeds the costs related to the installation of automatic fire sprinkler systems in such residential dwelling units.

A governing body may require the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet without conducting the analysis or making the findings required by subsection 2 if the governing body makes a determination at a public hearing that the unique characteristics or the location of the residential dwelling unit, when compared to residential dwelling units of comparable size or location within the jurisdiction of the governing body, would cause an unreasonable delay in firefighter response time. In making such a determination, the governing body may consider:

(a) The availability of water for use by firefighters in the area in which the residential dwelling unit is located;

(b) The availability to firefighters of access to the residential dwelling unit;

(d) The availability of firefighting resources in the area in which the residential dwelling unit is located.

A governing body shall not adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a structure other than a residential dwelling unit or any portion of such a structure, whether located on public or private property:

(a) That is covered but not completely enclosed;

(b) That is used primarily for agricultural, livestock or equestrian activities;

(d) Which is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.

The provisions of this section do not prohibit:

(a) A local government from enforcing an agreement for the development of land which requires the installation of an automatic fire sprinkler system in any residential dwelling unit; or

(b) A person from installing an automatic fire sprinkler system in a structure described in subsection 4 or any residential dwelling unit.

As used in this section:

(a) Automatic fire sprinkler system has the meaning ascribed to it in NRS 202.580 .

(b) Residential dwelling unit does not include a condominium unit, an apartment unit or a townhouse unit that shares a common wall with more than one other such unit.

(Added to NRS by 2015, 1989 )

NRS 281.055

NRS

281.055

Prohibition against filing for or holding more than one elective office at same time; exceptions.

Except as otherwise provided in subsection 2, no person may:

(a) File nomination papers for more than one elective office at any election.

(b) Hold more than one elective office at the same time.

The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the State, or any political subdivision or municipal corporation thereof.

(Added to NRS by 1961, 299 ; A 1965, 169 )

NRS 293.208

NRS

293.208

Limitations on creation, division, abolition, consolidation and alteration during certain periods; exceptions.

Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206 , no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in March of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:

(a) Ordered by a court of competent jurisdiction;

(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, 52 U.S.C. §§ 10101 and 10301 et seq., and any amendments thereto;

(d) Required by the incorporation of a new city; or

(e) Required by the creation of or change in the boundaries of a special district.

Ê As used in this subsection, special district means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.

If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:

(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct; and

(b) Maintain in his or her office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.

Cities of population categories two and three are exempt from the provisions of subsection 1.
As used in this section, electronic file includes, without limitation, an electronic data file of a geographic information system.

(Added to NRS by 1989, 848 ; A 1989, 1667 ; 1997, 756 ; 2001, 633 ; 2003, 1647 ; 2009, 1268 ; 2017, 3329 )

NRS 318.1181

NRS

318.1181

Protection from fire: General powers; action to recover certain expenses incurred in extinguishing wildfire.

In the case of a district created wholly or in part for the purpose of furnishing fire protection, the board may:

(a) Acquire fire protection equipment and acquire, construct or improve fire protection facilities and make improvements necessary and incidental thereto;

(b) Eliminate fire hazards existing within the district in the manner prescribed in NRS 474.580 for districts created pursuant to chapter 474 of NRS;

(c) Clear public highways and private lands of dry grass, stubble, bushes, rubbish and other inflammable material which in its judgment constitute a fire hazard;

(d) Coordinate fire protection activities with the State Forester Firewarden;

(e) Cooperate with the State Forester Firewarden in formulating a statewide plan for the prevention and control of fires; and

(f) Bring an action in any court of competent jurisdiction against any person, firm, association or agency that is responsible for willfully or negligently causing a wildfire to recover any expenses incurred by the district in extinguishing the wildfire and reasonable attorneys fees and litigation expenses.

In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a wildfire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

Notwithstanding the provisions of paragraph (f) of subsection 1 and subsection 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the district in extinguishing a wildfire and attorneys fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the wildfire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

As used in this section:

(b) Livestock has the meaning ascribed to it in

NRS 569.0085 .

(Added to NRS by 1977, 525 ; A 1991, 382 ; 1993, 1554 ; 2011, 2477 ; 2021, 1372 )

NRS 328.290

NRS

328.290

Land for cooperative fire protection headquarters and nursery site to be conveyed to United States (1941).

After March 28, 1941, the State Board of Control of the State of Nevada is hereby authorized and directed to make, execute and deliver, without cost, to the United States of America, for cooperative fire protection headquarters and nursery site in addition to administrative purposes of the Forest Service, Department of Agriculture, a conveyance of the following-described real property in Carson City, Nevada: That portion of the N 1/2 of the SW 1/4 of the NW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., lying west of the westerly state highway right-of-way line, approximately 16 acres.
The conveyance of the real property shall be by deed in such form as the Attorney General of the United States shall prescribe and shall bear the Seal of the State of Nevada affixed by the Secretary of State of the State of Nevada; provided:

(a) The conveyance shall contain the condition that in the event no physical improvements, such as buildings or dwellings, shall have been constructed upon such real property within 5 years after March 28, 1941, or if the use of such real property for all such administrative purposes as described in subsection 1 should be discontinued for a period of 5 years, the real property shall be deemed relinquished and by proper conveyance shall be reconveyed by the United States of America to the State of Nevada; and

(b) The conveyance shall contain no term or terms whereby will be surrendered or cause to be surrendered any jurisdiction of this state over the lands and people and property thereon situate that the State now possesses over the public domain belonging to the United States within this state.

[1:149:1941] + [2:149:1941]—(NRS A 1969, 331 )

Pershing County

NRS 354.150

NRS

354.150

Transfer of balance of dormant fund.

Subject to the provisions of subsection 2, a board of county commissioners may order the transfer of any balance which is dormant in any fund to the county general fund whenever the money remaining in the fund is no longer required for the purpose for which the fund was established.
When the dormant fund accrued from taxes levied upon the taxpayers of a fire protection district, road district, cemetery district, unincorporated town, or other type of special assessment or taxing district, the fund may be transferred only to the general fund thereof and not to the county general fund.

[1:121:1947; A 1953, 117 ]—(NRS A 1975, 159 ; 1983, 132 )

Claims and Warrants

NRS 354.59811

NRS

354.59811

Limitation upon revenue from taxes ad valorem: Calculation.

Except as otherwise provided in NRS 244.377 , 278C.260 , 354.59813 , 354.59815 , 354.59818 , 354.5982 , 354.5987 , 354.705 , 354.723 ,

450.425 , 450.760 , 540A.265 and 543.600 , for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950 , or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

(a) The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

(b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

As used in this section, general long-term debt does not include debt created for medium-term obligations pursuant to NRS 350.087 to 350.095 , inclusive.

(Added to NRS by 1983, 557 ; A 1983, 1058 ; 1987, 368 , 434 ,

1341 ,

1686 ,

2034 ;

1989, 46 , 806 ,

2074 ;

1995, 1818 , 1895 ;

1997, 550 , 1340 ,

2561 ,

2573 ;

1999, 87 , 277 ,

2537 ;

2001, 60 , 61 ,

537 ,

1801 ,

2319 ;

2003, 162 , 480 ;

2005, 1767 ; 2013, 3136 )

NRS 360.720

NRS

360.720

Enterprise districts prohibited from pledging revenue from Account to secure obligations; qualifications of certain governmental entities for allocations from Account.

An enterprise district shall not pledge any portion of the revenues from any of the taxes included in the Account to secure the payment of bonds or other obligations.
The Executive Director shall ensure that a governmental entity created between July 1, 1996, and July 1, 1998, does not receive money from the taxes included in the Account unless that governmental entity provides police protection and at least two of the following services:

(a) Fire protection;

(b) Construction, maintenance and repair of roads; or

As used in this section:

(a) Construction, maintenance and repair of roads has the meaning ascribed to it in NRS 360.740 .

(b) Fire protection has the meaning ascribed to it in NRS 360.740 .

(d) Police protection has the meaning ascribed to it in NRS 360.740 .

(Added to NRS by 1997, 3282 ; A 1999, 13 )

NRS 360.740

NRS

360.740

Request of newly created local government or special district for allocation from Account.

The governing body of a local government or special district that is created after July 1, 1998, and which provides police protection and at least two of the following services:

(a) Fire protection;

(b) Construction, maintenance and repair of roads; or

Ê may, by majority vote, request the Nevada Tax Commission to direct the Executive Director to allocate money from the Account to the local government or special district pursuant to the provisions of NRS 360.680 and 360.690 .

On or before December 31 of the year immediately preceding the first fiscal year that the local government or special district would receive money from the Account, a governing body that submits a request pursuant to subsection 1 must:

(a) Submit the request to the Executive Director; and

(b) Provide copies of the request and any information it submits to the Executive Director in support of the request to each local government and special district that:

(1) Receives money from the Account; and

(2) Is located within the same county.

The Executive Director shall review each request submitted pursuant to subsection 1 and submit his or her findings to the Committee on Local Government Finance. In reviewing the request, the Executive Director shall:

(a) For the initial year of distribution, establish an amount to be allocated to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690 . If the new local government or special district will provide a service that was provided by another local government or special district before the creation of the new local government or special district, the amount allocated to the local government or special district which previously provided the service must be decreased by the amount allocated to the new local government or special district; and

(b) Consider:

(1) The effect of the distribution of money in the Account, pursuant to the provisions of NRS 360.680 and 360.690 , to the new local government or special district on the amounts that the other local governments and special districts that are located in the same county will receive from the Account; and

(2) The comparison of the amount established to be allocated pursuant to the provisions of NRS 360.680 and 360.690 for the new local government or special district to the amounts allocated to the other local governments and special districts that are located in the same county.

The Committee on Local Government Finance shall review the findings submitted by the Executive Director pursuant to subsection 3. If the Committee determines that the distribution of money in the Account to the new local government or special district is appropriate, it shall submit a recommendation to the Nevada Tax Commission. If the Committee determines that the distribution is not appropriate, that decision is not subject to review by the Nevada Tax Commission.
The Nevada Tax Commission shall schedule a public hearing within 30 days after the Committee on Local Government Finance submits its recommendation. The Nevada Tax Commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The Executive Director shall provide copies of all documents relevant to the recommendation of the Committee on Local Government Finance to the governing body of each local government and special district that is located in the same county as the new local government or special district.
If, after the public hearing, the Nevada Tax Commission determines that the recommendation of the Committee on Local Government Finance is appropriate, it shall order the Executive Director to distribute money in the Account to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690 .
For the purposes of this section, the local government or special district may enter into an interlocal agreement with another governmental entity for the provision of the services set forth in subsection 1 if that local government or special district compensates the governmental entity that provides the services in an amount equal to the value of those services.
As used in this section:

(a) Construction, maintenance and repair of roads includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a road and that is necessary for the safe and efficient use of the road except alleys and pathways for bicycles that are separate from the roadway and, including, without limitation:

(1) Grades or regrades;

(2) Gravel;

(3) Oiling;

(4) Surfacing;

(5) Macadamizing;

(6) Paving;

(7) Cleaning;

(8) Sanding or snow removal;

(9) Crosswalks;

(10) Sidewalks;

(11) Culverts;

(12) Catch basins;

(13) Drains;

(14) Sewers;

(15) Manholes;

(16) Inlets;

(17) Outlets;

(18) Retaining walls;

(19) Bridges;

(20) Overpasses;

(21) Tunnels;

(22) Underpasses;

(23) Approaches;

(24) Sprinkling facilities;

(25) Artificial lights and lighting equipment;

(26) Parkways;

(27) Fences or barriers that control access to the road;

(28) Control of vegetation;

(29) Rights-of-way;

(30) Grade separators;

(31) Traffic separators;

(32) Devices and signs for control of traffic;

(33) Facilities for personnel who construct, maintain or repair roads; and

(34) Facilities for the storage of equipment or materials used to construct, maintain or repair roads.

(b) Fire protection includes the provision of services related to:

(1) The prevention and suppression of fire; and

(2) Rescue,

Ê and the acquisition and maintenance of the equipment necessary to provide those services.

(c) Parks and recreation includes the employment by the local government or special district, on a permanent and full-time basis, of persons who administer and maintain recreational facilities and parks. Parks and recreation does not include the construction or maintenance of roadside parks or rest areas that are constructed or maintained by the local government or special district as part of the construction, maintenance and repair of roads.

(d) Police protection includes the employment by the local government or special district, on a permanent and full-time basis, of at least three persons whose primary functions specifically include:

(1) Routine patrol;

(2) Criminal investigations;

(3) Enforcement of traffic laws; and

(4) Investigation of motor vehicle crashes.

(Added to NRS by 1997, 3283 ; A 1999, 15 ; 2015, 1665 )

ABATEMENT OF TAXES ON BUSINESS

NRS 360.984

NRS

360.984

Infrastructure project defined.

Infrastructure project includes, without limitation, a drainage project, an electrical project, a rail project, a sanitary sewer project, a transportation project, a fire protection project, a wastewater project and a water project.

(Added to NRS by 2015, 29th Special Session, 29 )

NRS 386.835

NRS

386.835

Standards for new school buses purchased by school district on and after January 1, 2016.

On and after January 1, 2016, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must meet the following standards in addition to being equipped as required by the regulations of the State Board:

(a) Occupant seating within the school bus must be tested in accordance with either:

(1) The ASTM International Standard ASTM E1537, Standard Test Method for Fire Testing of Upholstered Furniture; or

(2) The School Bus Seat Upholstery Fire Block Test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.

(b) For the purposes of paragraph (a) such testing must be conducted on a complete seat assembly inside a test room or school bus, and occupant seating shall be deemed to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

(1) The seat assembly exhibits a weight loss of 3 pounds or greater during the first 10 minutes of the test; or

(2) The seat assembly exhibits a heat release rate of 80 kilowatts or greater.

Except as otherwise provided in subsection 3, each plastic component contained in the engine compartment of a new school bus which is purchased by a school district on and after July 1, 2016, to transport pupils must meet one of the following classifications when tested in accordance with the Underwriters Laboratories Inc. Standard 94, the Standard for Safety of Flammability of Plastic Materials for Parts in Devices and Appliances testing:

(a) A V-0 classification; or

(b) If the component is located within 100 millimeters directly above an exhaust component that is not shielded, including, without limitation, a catalytic converter, an exhaust gas recirculation pipe that carries uncooled exhaust gas, an exhaust manifold or an exhaust pipe:

(1) For molded parts, a V-0 classification;

(2) For foams, an HF-1 classification; and

(3) For thin films, a VTM-0 classification.

In lieu of meeting the requirements set forth in subsection 2, a new school bus may be purchased by a school district on or after July 1, 2016, to transport pupils if it meets the following requirements:

(a) The school bus has an automatic system for fire extinguishment in the engine compartment that includes a mechanism for activation by the driver;

(b) Any nozzles for fire suppression are located, without limitation, under the school bus, in the electrical panel or under the dashboard, but are not located in the passenger compartment; and

(Added to NRS by 2011, 470 ; A 2013, 1022 )—(Substituted in revision for NRS 392.405)

NRS 393.045

NRS

393.045

Confidentiality of blueprint of public school; conditions under which disclosure authorized.

Except as otherwise provided in NRS 239.0115 , a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

(a) Must be disclosed in its most current version to a public safety agency upon its request.

(b) May be disclosed, upon request, to:

(1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624

of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

(2) Any other person or governmental entity if necessary for a purpose related to the public school.

A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115 .
As used in this section, public safety agency means:

(a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

(b) A law enforcement agency as defined in NRS 277.035 ; or

(Added to NRS by 2019, 1062 )

NRS 405.203

NRS

405.203

Accessory roads: Closure or restriction of use.

The State Forester Firewarden or the board of directors of a fire protection district may temporarily close or restrict the use of an accessory road when the danger of fire arising from use of the road so requires. The closure or restricted use may not restrict, impede or preclude the use of the road by a public utility in maintaining, constructing or operating any of its facilities.
A board of county commissioners may permanently close an accessory road in its county when the public safety or welfare so requires. Before permanently closing an accessory road, the board of county commissioners shall hold a public hearing. The board shall give written notice of the time and place of the hearing to each owner of land served by the road, and to each stock raiser known to use the road. The board shall also publish the notice in a newspaper of general circulation in the county for 3 successive weeks before the date set for the hearing.
Following the hearing, the board of county commissioners shall not close the road unless the benefit to public safety or welfare from its closing outweighs the detriment to owners of land served by the road, to raisers of livestock using the road and to the general public.
If the permanent closing of an accessory road deprives an owner of access by road to the owners land, the public agency closing the road shall pay the owner just compensation for the owners loss.

(Added to NRS by 1993, 1403 )

NRS 41.0305

NRS

41.0305

Political subdivision defined.

As used in NRS 41.0305 to 41.039 , inclusive, the term political subdivision includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an eligible entity pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.

(Added to NRS by 1977, 455 ; A 1987, 95 , 701 ,

740 ,

1395 ;

1989, 1723 ; 1993, 1210 ; 1995, 814 ; 1997, 1035 ; 1999, 3319 ; 2001, 826 ; 2005, 2429 ; 2015, 3816 ; 2019, 2014 , 2075 )

NRS 449.1865

NRS

449.1865

Certain residential facilities for groups to be equipped with fire sprinkler system.

A residential facility for groups must be equipped with a fire sprinkler system if the facility has three or more residents who would have difficulty perceiving danger or moving to safety in the event of a fire.

(Added to NRS by 2017, 2049 )

NRS 472.005

NRS

472.005

Rangeland fire protection association defined.

As used in this chapter, unless the context otherwise requires, the term rangeland fire protection association means a nonprofit association formed for the purpose of protecting rangeland from wildfire pursuant to NRS 472.200 , 474.323 or 474.518 , as applicable.

(Added to NRS by 2015, 1996 )

ADMINISTRATION

NRS 472.040

NRS

472.040

Powers and duties; administrative supervision.

The State Forester Firewarden shall:

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

(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

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

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

(e) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

(f) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

(g) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in this State.

(h) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 or 474

of NRS.

(i) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436 .

(j) Work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to:

(1) Identify and mitigate the risks of wildfire to life, property and ecosystems;

(2) Restore and maintain landscape resiliency;

(3) Create and maintain fire-adapted communities and ignition-resistant communities; and

(4) Improve and support safe and effective responses to wildfire.

The State Forester Firewarden in carrying out the provisions of this chapter may:

(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest, rangeland and watershed management or the protection of lands from fire, subject to the approval of the board of county commissioners of each county concerned.

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

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

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

(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary for fire protection, fire prevention and forest, rangeland and watershed management, including, without limitation, cameras or other equipment necessary for the early warning or detection of wildfires.

(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

[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 ; 2009, 2746 ; 2011, 1570 ; 2015, 2226 ; 2021, 485 , 626 ,

1365 )

MANAGEMENT OF VEGETATION

NRS 472.043

NRS

472.043

Establishment and preservation of vegetative cover in forests, on rangelands and on watershed land.

It is the purpose of this section to provide for the maintenance of vegetative cover in forests, on rangelands and on watershed land, to conserve water and soil, to mitigate wildfires and to prevent destructive floods.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may:

(a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve vegetative cover in forests, on rangelands or on watershed lands.

(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of vegetative cover in forests, on rangelands and on watershed lands, including any work necessary to accomplish such purposes.

In entering into contracts the State Forester Firewarden shall give priority to, but not be limited to, situations where:

(a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.

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

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

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

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

(Added to NRS by 1969, 388 ; A 1977, 1146 ; 2021, 627 )

COOPERATIVE AGREEMENTS

NRS 472.050

NRS

472.050

Agreements with Federal Government, other entities and individuals for protection from fire; related agreements; deposit of federal money.

The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest, rangeland and watershed land management and the protection of such areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage vegetation management and the protection from fire of lands having an inflammable cover.
Any federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the State for the management and protection of forests, rangelands and watershed areas therein shall be deposited in the Division of Forestry Account in the State General Fund.

[5:149:1945; 1943 NCL § 3169.04]—(NRS A 1957, 70 , 652 ;

1973, 270 ; 1977, 1146 ; 2015, 1997 ; 2021, 628 )

NRS 472.053

NRS

472.053

Agreements with federal, state and local agencies for creation of fire board of directors to ensure that agencies in this State work collaboratively.

The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into a cooperative agreement with federal, state and local agencies for the purpose of creating a fire board of directors to ensure, without limitation, that agencies in this State work collaboratively to:

Determine and plan for best practices for wildfire suppression tactics and needs;
Facilitate communication among the agencies when a wildfire occurs; and
Develop policies that ensure a safe and effective response to a wildfire.

(Added to NRS by 2021, 485 )

NRS 472.057

NRS

472.057

Wildland Fire Protection Program: Creation; agreements with fire protection districts or boards of county commissioners; provision of resources to such fire protection districts and boards of county commissioners.

The Wildland Fire Protection Program is hereby created in the Division of Forestry of the State Department of Conservation and Natural Resources to provide wildfire protection and resources throughout this State.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into cooperative agreements with any fire protection district or board of county commissioners to participate in the Wildland Fire Protection Program.
The Wildland Fire Protection Program may provide fire protection districts and boards of county commissioners who enter into the agreement to participate in the Wildland Fire Protection Program with resources for wildfire protection, firefighting and recovery, including, without limitation, technical assistance and labor, when available, to reduce the risk of wildfires in high to extreme wildfire risk areas and to reduce the cost of suppressing wildfires.

(Added to NRS by 2021, 485 )

NRS 472.060

NRS

472.060

Fire protection districts and counties may enter into agreements with State Forester Firewarden and other entities; expenditure of money.

Any fire protection district and board or boards of county commissioners of the State of Nevada may:

Enter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.
Appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction and maintenance of forest and rangeland protection improvements and equipment and for paying other expenses incidental to the protection of lands from fire, including any portion of the office and travel expense of the Division of Forestry of the State Department of Conservation and Natural Resources incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

[6:149:1945; 1943 NCL § 3169.05]—(NRS A 1977, 1147 ; 2015, 1998 ; 2021, 628 )

NRS 472.070

NRS

472.070

Separate or collective agreements with United States Forest Service and United States Bureau of Land Management and other entities; disbursement of money.

The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

[7:149:1945; 1943 NCL § 3169.06]—(NRS A 1977, 1147 ; 2015, 1998 ; 2021, 629 )

NRS 472.090

NRS

472.090

District or county fire coordinator to be appointed by county; supervision of State Forester Firewarden.

Any county, counties, or portion thereof, electing to form a fire protection district shall appoint a district or county fire coordinator who shall be approved by and work under the supervision of the State Forester Firewarden. The county fire coordinator of the respective district shall assist the State Forester Firewarden in determining personnel and equipment needs to perfect a fire control organization within the limitations of existing statutes.

[9:149:1945; 1943 NCL § 3169.08]

PUBLIC-PRIVATE PARTNERSHIPS

NRS 472.110

NRS

472.110

Meals may be provided to employees involved in certain emergencies or projects.

The State Forester Firewarden may provide meals to employees of the Division of Forestry of the State Department of Conservation and Natural Resources who are involved in emergency fire fighting or critical natural resource projects if the State Forester Firewarden determines that it is impractical for the employees to eat at home because of their duties in that emergency or on that assignment.

(Added to NRS by 1979, 83 ; A 2021, 487 )

RANGELAND FIRE PROTECTION ASSOCIATIONS

NRS 472.200

NRS

472.200

Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.

Except as otherwise provided in NRS 474.323 and 474.518 , any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property within a county in this State may establish a rangeland fire protection association by petitioning the board of county commissioners of the county in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
A board of county commissioners may approve a petition submitted pursuant to subsection 1 if the petitioners:

(a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

(b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association meets all the applicable requirements set forth in the regulations adopted by the State Forester Firewarden pursuant to NRS 472.210 concerning the formation, operation and training of the members of a rangeland fire protection association.

A board of county commissioners, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

(a) The governance and management structure of the association;

(b) The adequacy of any policy of liability insurance carried by the association;

(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the State Forester Firewarden.

A board of county commissioners may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of county commissioners the results of any such delegated evaluation.
The board of county commissioners, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.
The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

(Added to NRS by 2015, 1996 )

NRS 472.210

NRS

472.210

Regulations and recommendations.

The State Forester Firewarden shall adopt regulations governing a rangeland fire protection association established pursuant to NRS 472.200 setting forth:

(a) The requirements for the formation of such a rangeland fire protection association, including the governance and management structure of an association;

(b) The scope of the operations which may be conducted by such an association;

(d) The amount of liability insurance that must be carried by such an association; and

(e) Any financial requirements for the formation and operation of such an association.

The State Forester Firewarden shall develop recommendations concerning the formation, operation and training of the members of a rangeland fire protection association established pursuant to NRS 474.323 or 474.518 . Such recommendations must address the topics set forth in subsection 1.

(Added to NRS by 2015, 1997 )

CRIMES, RESPONSIBILITIES AND LIABILITIES

NRS 472.540

NRS

472.540

Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.

Except as otherwise provided in this section or by specific statute, if the State Forester Firewarden determines that a person, firm, association or agency is responsible for willfully or negligently causing any fire or other emergency, the person, firm, association or agency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency, together with the cost of necessary patrol. This charge constitutes a debt of the person, firm, association or agency charged and is collectible by the federal, state, county, city or municipal agency, or general improvement district created pursuant to NRS 318.1181 for the purpose of furnishing fire protection, incurring such expenses in the same manner as in the case of an obligation under a contract, express or implied.
In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a fire pursuant to subsection 1, the State Forester Firewarden shall consider, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of expenses and costs described in subsection 1 if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the fire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the fire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

If the State Forester Firewarden determines that the fire or other emergency was the result of an unavoidable accident, the State Forester Firewarden shall not charge the person, firm, association or agency that caused the fire or emergency the expenses incurred in extinguishing the fire or meeting the emergency.
As used in this section:

(b) Livestock has the meaning ascribed to it in

NRS 569.0085 .

(Added to NRS by 2015, 2225 ; A 2021, 1369 )

NRS 474.003

NRS

474.003

Rangeland fire protection association defined.

As used in this chapter, unless the context otherwise requires, the term rangeland fire protection association has the meaning ascribed to it in NRS 472.005 .

(Added to NRS by 2015, 1998 )

DISTRICTS CREATED BY ELECTION

General Provisions

NRS 474.005

NRS

474.005

Registration of electors; list of registered voters; reimbursement for costs of conducting election.

Any person residing within a county fire protection district who is otherwise qualified to vote at general elections in this State may register to vote in the biennial elections and other elections of the district by appearing before the county clerk or registrar of voters of the county in which the district is located and completing an application to register to vote in accordance with the general election laws of this State. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election, and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, new registration for district elections is not required.
The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. The county clerk or registrar of voters is entitled to receive on behalf of the county reimbursement for the actual costs of conducting the districts election. All money so received must be deposited to the credit of the general fund of the county.

(Added to NRS by 1983, 848 ; A 1995, 2282 )

NRS 474.007

NRS

474.007

Activities of district are separate from activities of county and other political subdivisions.

The activities of a county fire protection district are separate from county activities and any other political subdivision in this State.

(Added to NRS by 2007, 1301 )

Formation

NRS 474.010

NRS

474.010

Territory which may be organized into district.

Contiguous unincorporated territory lying within one or more counties or incorporated territory lying within a consolidated municipality and not included in any other fire protection district may be formed into a county fire protection district in the manner and under the proceedings set forth in NRS 474.010 to 474.450 , inclusive.

[1:121:1937; A 1947, 455 ; 1943 NCL § 1929.01]—(NRS A 2007, 1302 )

NRS 474.020

NRS

474.020

Petition of property owners for formation of district; resolution of county commissioners.

When 25 percent or more of the holders of title or evidence of title to lands lying in one body, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land or the greater portion thereof is located, setting forth the exterior boundaries of the proposed district and asking that the district so described be formed into a county fire protection district under the provisions of NRS 474.010 to 474.450 , inclusive, the board of county commissioners shall pass a resolution declaring the boards intention to form or organize such territory into a county fire protection district, naming the district and describing its exterior boundaries.
The resolution must:

(a) Fix a time and place for the hearing of the matter not less than 30 days after its adoption.

(b) Direct the clerk of the board of county commissioners to publish the notice of intention of the board of county commissioners to form the county fire protection district, and of the time and place fixed for the hearing, and must designate that publication must be in a newspaper of general circulation published in the county and circulated in the proposed county fire protection district, or if there is no newspaper so published and circulated, then in a newspaper of general circulation circulated in the proposed district.

[Part 2:121:1937; 1931 NCL § 1929.02]—(NRS A 2007, 1302 )

NRS 474.030

NRS

474.030

Notice of proposed formation of district: Heading; contents; publication.

The notice must:

Be headed Notice of the proposed formation of fire protection district in ............................ County, stating the name of the proposed district and the name of the county or, if there is more than one county, the name of the counties in which the proposed district is located.
State the fact that the board of county commissioners has fixed the time and place for a hearing on the matter of the formation of a county fire protection district, and must set forth the time and place of that hearing.
Describe the territory or specify the exterior boundaries of the territory proposed to be organized into the fire protection district, which boundaries, so far as practicable, must be the centerlines of highways.
Be published once a week for 2 successive weeks before the time fixed for the hearing in the newspaper designated by the board of county commissioners.

[Part 2:121:1937; 1931 NCL § 1929.02]—(NRS A 2007, 1302 )

NRS 474.080

NRS

474.080

Notice of election: Contents; publication.

The board of county commissioners shall submit the question of whether the proposed district shall be organized pursuant to the provisions of NRS 474.010

to 474.450 , inclusive, to the electors of the proposed district at the next primary or general election.

The notice must:

(a) Designate a name for the proposed district.

(b) Describe the boundaries of the precincts established therein, if more than one, together with a designation of the polling places and board of election for each precinct.

(c) Be published once a week for at least 3 weeks before the election in a newspaper published or circulated within the boundaries of the proposed district and published within the county or counties in which the proposed district is located.

(d) Require the electors to cast ballots, which must contain the words: ........................ County Fire Protection District—Yes, or ........................ County Fire Protection District—No, or words equivalent thereto, and also the names of one or more persons, according to the division of the proposed district as prayed for in the petition and ordered by the board, to be voted for to fill the office of director.

[Part 5:121:1937; 1931 NCL § 1929.05]—(NRS A 1993, 1080 ; 2007, 1302 )

NRS 474.120

NRS

474.120

Filing and distribution of copies of order; prohibition on formation of another district without consent of owners; when organization of district complete.

The board of county commissioners shall then cause a copy of such order, certified by the clerk of the board, to be immediately filed for record in the office of the county recorder of each county in which any portion of the lands included in the county fire protection district are located, and must also immediately forward a copy thereof to the clerk of the board of county commissioners of each such county.
The board of county commissioners shall not, after the date of the organization of the district, allow another fire protection district to be formed within the district without the consent of the owners thereof.
From and after such filing, the organization of the district is complete.

[Part 6:121:1937; 1931 NCL § 1929.06]—(NRS A 2007, 1303 )

NRS 474.125

NRS

474.125

Powers of district.

A county fire protection district organized pursuant to NRS 474.010 to 474.450 , inclusive, upon its formation:

(a) Is a political subdivision of this State; and

(b) Has perpetual existence unless dissolved as provided in this chapter.

Each such district may:

(a) Sue and be sued, and be a party to suits, actions and proceedings;

(b) Arbitrate claims; and

(Added to NRS by 2007, 1300 )

Board of Directors

NRS 474.145

NRS

474.145

Vacancies.

If a vacancy occurs on the board of directors of a county fire protection district, the remaining directors shall fill the vacancy by appointing a qualified elector to serve during the rest of the term and until his or her successor is elected and qualified.
If the remaining directors fail or refuse to appoint a new director within 30 days after the vacancy occurs, the board of county commissioners shall appoint a person to fill the vacancy.

(Added to NRS by 1983, 848 )

NRS 474.155

NRS

474.155

Compensation of directors.

Each member of the board of directors of a county fire protection district established pursuant to NRS 474.010 to 474.450 , inclusive, is entitled to receive as compensation for his or her services a sum to be determined by the board, but not in excess of $3,600 per year. The compensation must be paid on a monthly basis.
A member of the board of directors shall not receive any compensation as an employee of the district other than that provided in subsection 1.

(Added to NRS by 1975, 899 ; A 1993, 522 )

NRS 474.160

NRS

474.160

General powers and duties.

The board of directors shall:

Manage and conduct the business and affairs of the county fire protection district.
Adopt and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto, which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:

(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

(b) Hazardous conditions relating to the use or occupancy of any premises.

Ê Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.

Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the district.
Make and execute in the name of the district all necessary contracts.
Adopt a seal for the district to be used in the attestation of proper documents.
Provide for the payment from the proper fund of the salaries of employees of the district and all the debts and just claims against the district.
Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.
Acquire real or personal property necessary for the purposes of the district and dispose of that property when no longer needed.
Construct any necessary structures.
Acquire, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.
Eliminate and remove fire hazards within the district if practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450 , inclusive.

[8:121:1937; 1931 NCL § 1929.08]—(NRS A 1989, 1087 ; 1991, 381 ; 1993, 522 ; 2007, 1304 )

NRS 474.163

NRS

474.163

District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.

The board of directors of a county fire protection district may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the district and perform such other duties as may be designated by the board of directors. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other fire protection agencies and rangeland fire protection associations.
In lieu of or in addition to the provisions of subsection 1, the board of directors may:

(a) Provide fire protection to the county fire protection district by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 277.180 and 472.060 to 472.090 , inclusive, for the furnishing of such protection to the district; or

(b) Support volunteer fire departments within the county fire protection district for the furnishing of such protection to the district.

(Added to NRS by 2007, 1301 ; A 2015, 2000 )

NRS 474.180

NRS

474.180

Provision of emergency medical services; purchase, acquisition, lease, operation and maintenance of ambulances; purchase of insurance; employment of trained personnel.

The board of directors may:

Provide emergency medical services within the county fire protection district; and
Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances whenever necessary, and may take out liability and other insurance therefor. The board of directors may employ trained personnel to operate those vehicles.

[8.5:121:1937; added 1955, 431 ]—(NRS A 2007, 1304 )

Finance and Taxation

NRS 474.190

NRS

474.190

Preparation of annual budget; limitation on tax levy.

Subject to the provisions of subsection 3, the board of directors of each county fire protection district shall prepare annual budgets in accordance with NRS 354.470 to 354.626 , inclusive.
The budget of a district must be based on estimates of the amount of money that will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
The amount of money to be raised for the purpose of establishing, equipping and maintaining the district with fire-fighting facilities must not in any 1 year exceed 1 percent of the assessed value of the property described in NRS 474.200 and any net proceeds of minerals derived from within the boundaries of the district.

[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 1965, 310 , 749 ;

1969, 892 ; 2007, 1304 ; 2011, 2731 ; 2013, 3140 )

NRS 474.200

NRS

474.200

Levy, collection and use of taxes; deposit of money in operating and emergency funds.

At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax established pursuant to NRS 474.190

upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations as established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330 , inclusive.

When levied, the tax must be entered upon the assessment rolls and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 , and the same penalties as specified in NRS 361.483

must be added for failure to pay the taxes.

When the tax is collected, it must be placed in the treasury of the county in which the greater portion of the county fire protection district is located, to the credit of the district. The treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of the district must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 must be credited to the district fire protection operating fund.
For the purposes of subsection 3, an emergency includes, without limitation, any event that:

(a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

(b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

(c) Requires the district to provide money to obtain a matching grant from a state agency or an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 1963, 480 ; 1965, 310 ; 1967, 1111 ; 1969, 613 ; 1971, 265 ; 1979, 552 ; 1983, 1197 ; 1989, 49 ; 2007, 1305 )

NRS 474.220

NRS

474.220

Issuance and sale of bonds for certain purposes; applicability of section prescribing limit on indebtedness.

The board of directors of any county fire protection district formed under the provisions of NRS 474.010 to 474.450 , inclusive, may prepare, issue and sell bonds to provide money for the purchase of fire-fighting equipment, the acquisition of property, the construction of buildings and improvement of district-owned property for use in that county fire protection district.
The provisions of NRS 474.514 apply to a county fire protection district specified in subsection 1.

[1:182:1945; A 1949, 649 ; 1953, 58 ]—(NRS A 2001, 362 )

NRS 474.300

NRS

474.300

Levy and collection of tax; use of tax for principal and interest.

In any county fire protection district availing itself of the privileges of this section and NRS 474.220 and 474.310 , the board of directors of the district annually shall determine the tax necessary for the payment of interest and principal of such bonds.
The amount of the tax must be certified to the boards of county commissioners of the counties in which any portion of the district is located, and the board of county commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon, in the district.
When levied, the tax must be entered on the assessment rolls and collected in the same manner as state and county taxes.
When the tax is collected, it must be placed in the treasury of the county in which the greater portion of the district is located in a special fund for the payment of principal and interest of the bonds. Payments therefrom must be made according to the terms of the bonds.

[5:182:1945; 1943 NCL § 1929.134]—(NRS A 2007, 1306 )

NRS 474.320

NRS

474.320

Title to property vested in district.

The title to all property which may have been acquired for a county fire protection district created under the provisions of NRS 474.010 to 474.450 , inclusive, shall be vested in the district.

[Part 9:121:1937; 1931 NCL § 1929.09]

Rangeland Fire Protection Associations

NRS 474.323

NRS

474.323

Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.

Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a county fire protection district organized pursuant to NRS 474.010 to 474.450 , inclusive, may establish a rangeland fire protection association by petitioning the board of directors of the county fire protection district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
The board of directors of a county fire protection district may approve a petition submitted pursuant to subsection 1 if the petitioners:

(a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

(b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association complies with the recommendations developed by the State Forester Firewarden pursuant to NRS 472.210

concerning the formation, operation and training of the members of a rangeland fire protection association.

The board of directors of a county fire protection district, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

(a) The governance and management structure of the association;

(b) The adequacy of any policy of liability insurance carried by the association;

(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the county fire protection district.

The board of directors of a county fire protection district may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of directors of the county fire protection district the results of any such delegated evaluation.
The board of directors of a county fire protection district, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.
The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

(Added to NRS by 2015, 1998 )

Annexation

NRS 474.325

NRS

474.325

Procedure.

The boundaries of any county fire protection district formed under NRS 474.010 to 474.450 , inclusive, may be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof in the manner provided in NRS 474.335 to 474.395 , inclusive.

(Added to NRS by 1967, 1612 )

NRS 474.335

NRS

474.335

Petition: Contents; signatories; publication of notice.

The board of directors of any such district, upon receiving a written petition for annexation containing a description of the territory proposed to be annexed (which territory shall be contiguous to the district), and signed by not less than 20 percent of the holders of title or evidence of title to lands within the territory proposed to be annexed, and whose names appear as such on the last preceding county assessment roll, shall cause a notice of filing of such petition to be published in the same manner and for the same time as is required for notices of the proposed formation of a county fire protection district under NRS 474.010

to 474.450 , inclusive.

(Added to NRS by 1967, 1612 )

NRS 474.450

NRS

474.450

Disposition of property on dissolution.

Whenever any county fire protection district shall be dissolved, all property thereof shall be subject to the provisions of NRS 474.520 .

[Part 9:121:1937; 1931 NCL § 1929.09]—(NRS A 1965, 25 )

DISTRICTS CREATED BY BOARD OF COUNTY COMMISSIONERS

NRS 474.460

NRS

474.460

Organization of district in unincorporated areas; powers, governing body and officers of district.

All territory in each county or consolidated municipality not included in any other fire protection district, except incorporated areas other than consolidated municipalities, may be organized by ordinance by the board of county commissioners of the county in which that territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as that territory may be included in another fire protection district formed in accordance with the provisions of NRS 474.010 to 474.450 , inclusive, or 474.532 and 474.533 .
Each such district:

(a) Is a political subdivision of the State; and

(b) Has perpetual existence unless dissolved as provided in this chapter.

Each such district may:

(a) Sue and be sued, and be a party to suits, actions and proceedings;

(b) Arbitrate claims; and

The board of county commissioners organizing each such district is ex officio the governing body of each such district. The governing body must be known as the board of fire commissioners.
The chair of the board of county commissioners is ex officio the chair of each such district.
The county clerk is ex officio the clerk of each such district.
Unless the board of fire commissioners employs a treasurer, the county treasurer is ex officio the treasurer of each such district.

(Added to NRS by 1963, 324 ; A 1967, 964 ; 1975, 1635 ; 2007, 1306 ; 2015, 180 , 2228 )

NRS 474.470

NRS

474.470

Duties of board of fire commissioners.

The board of fire commissioners shall:

Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460 or 474.533 .
Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:

(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

(b) Hazardous conditions relating to the use or occupancy of any premises.

Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.
Provide for the payment of salaries to the personnel of those fire companies or fire departments.
Provide for payment from the proper fund of all the debts and just claims against the districts.
Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.
Acquire real or personal property necessary for the purposes of the districts and dispose of the property if no longer needed.
Construct any necessary structures.
Acquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.
Eliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540 , inclusive.

(Added to NRS by 1963, 324 ; A 1975, 1635 ; 1991, 382 ; 2007, 1307 ; 2015, 180 , 2001 )

NRS 474.480

NRS

474.480

Coordination of protective activities; duties of State Forester Firewarden.

The board of fire commissioners shall plan for the prevention and extinguishment of fires in the territory of the county described by NRS 474.460 and 474.533 , in cooperation with the State Forester Firewarden to coordinate the fire protection activities of the districts with the fire protection provided by the Division of Forestry of the State Department of Conservation and Natural Resources and by federal agencies, in order that the State Forester Firewarden may establish a statewide plan for the prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.
Through inspection, the State Forester Firewarden may recommend standardization of fire protection equipment and facilities of the districts to facilitate mutual aid among the districts.

(Added to NRS by 1963, 324 ; A 1975, 1636 ; 1977, 1147 ; 2007, 1307 ; 2015, 181 )

NRS 474.500

NRS

474.500

District fire chief: Appointment, qualifications and duties; cooperative agreements; support of volunteer fire departments.

The board of fire commissioners may appoint a district fire chief who is adequately trained and experienced in fire control. A district fire chief appointed pursuant to this subsection shall hire such employees as are authorized by the board, administer all fire control laws in the territory of the county described by NRS 474.460 and 474.533 and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and rangeland fire protection associations and with the State Forester Firewarden for the standardization of equipment and facilities.
In lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:

(a) Provide the fire protection required by NRS 474.460 to 474.540 , inclusive, to the districts by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 472.060

to 472.090 , inclusive, and 277.180 , for the furnishing of such protection to the districts; or

(b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540 , inclusive, for the furnishing of such protection to the districts.

(Added to NRS by 1963, 325 ; A 1965, 1335 ; 1975, 1636 ; 2007, 1308 ; 2015, 181 , 2001 )

NRS 474.510

NRS

474.510

Preparation of annual budget; levy, collection and use of taxes; limitation on levy; deposit of money in operating and emergency funds.

The board of fire commissioners shall prepare an annual budget in accordance with the provisions of NRS 354.470 to 354.626 , inclusive, for each district organized in accordance with NRS 474.460

or 474.533 .

Each budget must be based on estimates of the amount of money which will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 2, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330 , inclusive.
The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 3 and any net proceeds of minerals derived from within the boundaries of the district.
If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 , and the same penalties as specified in NRS 361.483

must be added for failure to pay the taxes.

For the purposes of NRS 474.460 to 474.540 , inclusive, the treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of any district organized pursuant to NRS 474.460 or 474.533 must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000 for a district organized pursuant to NRS 474.460 or $1,500,000 for a district organized pursuant to NRS 474.533 . Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 or $1,500,000, as applicable, must be credited to the district fire protection operating fund.
For the purposes of subsection 6, an emergency includes, without limitation, any event that:

(a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

(b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

(c) Requires the district to provide money to obtain a matching grant from an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

(Added to NRS by 1963, 325 ; A 1967, 965 ; 1975, 1637 ; 1989, 49 ; 1999, 203 ; 2001, 362 ; 2005, 526 ; 2007, 1308 ; 2011, 2731 ; 2013, 3140 ; 2015, 182 )

NRS 474.518

NRS

474.518

Rangeland fire protection associations: Formation; approval; evaluation; delegation of evaluation; assistance with funding and operations.

Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a district organized pursuant to NRS 474.460 or 474.533 may establish a rangeland fire protection association by petitioning the board of fire commissioners of the district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
The board of fire commissioners of the district may approve a petition submitted pursuant to subsection 1 if the petitioners:

(a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

concerning the formation, operation and training of the members of a rangeland fire protection association.

The board of fire commissioners of a district organized pursuant to NRS 474.460

or 474.533 , in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

(a) The governance and management structure of the association;

(b) The adequacy of any policy of liability insurance carried by the association;

(d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the district.

The board of fire commissioners of a district organized pursuant to NRS 474.460

or 474.533 may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of fire commissioners the results of any such delegated evaluation.

The board of fire commissioners of a district organized pursuant to NRS 474.460

or 474.533 , the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.

The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

(Added to NRS by 2015, 1999 )

NRS 474.520

NRS

474.520

Dissolution of districts created by election; territory subject to control by county commissioners; retention and use of property.

Upon dissolution of any fire protection district organized under NRS 474.010 to 474.450 , inclusive, as provided by NRS 474.410 to 474.450 , inclusive, the territory formerly included in such district shall be subject to the provisions of NRS 474.460 to 474.540 , inclusive. The property of such dissolved fire protection district shall be retained by the board of county commissioners for use for fire protection purposes in the territory of the dissolved district.

(Added to NRS by 1963, 326 ; A 1965, 25 ; 2015, 184 )

NRS 474.533

NRS

474.533

Consolidation of districts: Requirements; initiation; approval; recording; debts and assets; taxation of property.

The board of county commissioners of a county whose population is less than 700,000 may consolidate two or more fire protection districts organized pursuant to NRS 474.460 if:

(a) Each district is contiguous to at least one other district subject to the consolidation;

(b) The territory of each district is located entirely within the county; and

and 474.515 , respectively, are equal in each district at the time of consolidation.

The consolidation may be initiated by:

(a) The filing with the board of county commissioners of a petition signed by a majority of the owners of property located within the fire protection districts proposed for consolidation; or

(b) The adoption by the board of county commissioners of a resolution proposing the consolidation of the fire protection districts.

The board of county commissioners shall, after receiving a petition filed pursuant to paragraph (a) of subsection 2 or adopting a resolution pursuant to paragraph (b) of subsection 2, conduct a hearing to determine whether consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts. If the board of county commissioners determines that the consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts, the board of county commissioners shall adopt an ordinance creating a consolidated fire protection district that includes all of the area of the fire protection districts. The ordinance must include the name and identify the boundaries of the consolidated fire protection district.
The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be recorded in the office of the county recorder of the county in which the consolidated fire protection district is located.
All debts, obligations, liabilities, revenues, expenditures and assets of the former fire protection districts must be assumed or taken over by the consolidated fire protection district.
If two or more fire protection districts are consolidated pursuant to this section, each owner of real or personal property that is located within the consolidated fire protection district and that is subject to taxation pursuant to NRS 474.510 and 474.515 is entitled after the consolidation to any partial abatement of taxes provided by NRS 361.4722 , 361.4723 and 361.4724 to which the owner was entitled immediately prior to the date of the consolidation for those taxes levied against the owners real or personal property pursuant to NRS 474.510 and 474.515 .

(Added to NRS by 2015, 179 )

NRS 474.535

NRS

474.535

Reorganization into district created by election.

A fire protection district established pursuant to NRS 474.460 to 474.540 , inclusive, which has been in existence for at least 10 years, may be reorganized as a fire protection district subject to the provisions of NRS 474.010 to 474.450 , inclusive, in the manner provided in this section.
The reorganization of such a district may be initiated by:

(a) A petition signed by at least a majority of the owners of property located within the district; or

(b) A resolution of the board of county commissioners of the county in which the district is located.

If, after notice and a hearing, the board of county commissioners determines that the reorganization of the district is in the best interests of the county and the district, it shall adopt an ordinance reorganizing the district. The ordinance must include the name and boundaries of the district.
The board shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.
The reorganization of the district is complete upon the filing of the ordinance pursuant to this section. The district thereafter is subject to the provisions of NRS 474.010 to 474.450 , inclusive. Upon the completion of the reorganization of the district, the district shall assume the debts, obligations, liabilities and assets of the former district.
The board of county commissioners shall:

(a) Make an order dividing the district into election precincts, or providing for the election of directors at large, in the manner provided in NRS 474.070 .

(b) Appoint the initial members of the board of directors of the district to terms established in the manner provided in NRS 474.130 . Each director must be a resident of the precinct, if any, for which the director is appointed, and serves until a successor is elected and qualified.

(Added to NRS by 1993, 521 ; A 1995, 989 ; 2015, 184 )

NRS 474.537

NRS

474.537

Reorganization of district as general improvement district to furnish fire protection facilities.

A fire protection district organized pursuant to NRS 474.460 or 474.533 may reorganize as a district created wholly or in part for the purpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.
The reorganization may be initiated by:

(a) A petition signed by a majority of the owners of property located within the district; or

(b) A resolution of the board of county commissioners of the county in which the district is located.

If the board of county commissioners determines, after notice and hearing, that the reorganization is feasible and in the best interests of the county and the district, the board of county commissioners shall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.
All debts, obligations, liabilities and assets of the former district must be assumed or taken over by the reorganized district.

(Added to NRS by 1977, 540 ; A 2007, 1309 ; 2015, 184 )—(Substituted in revision for NRS 474.560)

NRS 474.550

NRS

474.550

Liability of person, firm, association or agency causing fire or other emergency; immunity; exception.

Except as otherwise provided in this section and NRS 527.126 , within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol. Such a charge constitutes a debt which is collectible by the federal, state, county, city or district agency, or general improvement district created pursuant to NRS 318.1181 to furnish fire protection, incurring the expenses in the same manner as an obligation under a contract, express or implied.
In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a fire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The forecasted and existing weather conditions;

(b) The conditions of fuel moisture; and

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of expenses and costs described in subsection 1 if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the fire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the fire, and at least one of the following circumstances applies:

(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or

(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.

If it is determined that the fire or other emergency was the result of an unavoidable accident, the person, firm, association or agency that caused the fire or emergency may not be charged the expenses incurred in extinguishing the fire or meeting the emergency.
As used in this section:

(b) Livestock has the meaning ascribed to it in

NRS 569.0085 .

(Added to NRS by 1975, 1638 ; A 1983, 808 ; 1993, 1204 ; 2015, 2229 ; 2021, 1370 )

NRS 474.565

NRS

474.565

Adjustment of boundaries of contiguous fire protection districts within county.

The boundaries of two or more contiguous fire protection districts located within a county and organized pursuant to NRS 474.010 to 474.450 , inclusive, 474.460 or 474.533 may be adjusted in the manner provided in this section so that all or any part of the area of one such fire protection district is excluded from that district and added to the area of another such fire protection district.
The adjustment of the boundaries of fire protection districts pursuant to this section must be approved by:

(a) A majority of the owners of property located within the portions of those districts directly affected by the proposed adjustment of boundaries; and

(b) Resolution of the board of county commissioners of the county in which the districts are located, which resolution must also be approved by the governing bodies of the fire protection districts whose boundaries are proposed to be adjusted.

Ê For the purposes of this subsection, an owner of property located within a fire protection district is directly affected by a proposed adjustment of boundaries if the adjustment will cause that property, or other property immediately adjacent to that property, to be excluded from the district in which it is currently located and added to a district other than that in which it is currently located.

If, after notice and a hearing, the board of county commissioners determines that the proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted, the board of county commissioners shall adopt an ordinance adjusting the boundaries of those districts. The ordinance must include the name and boundaries of each district that will result from the adjustment.
For the purposes of subsection 3, a board of county commissioners shall not determine that a proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted unless the board concludes, after conducting a reasonable investigation, that:

(a) The total assessed valuation of taxable property in the districts whose boundaries are proposed to be adjusted is substantially equivalent; and

(b) The total ad valorem tax levied within the districts whose boundaries are proposed to be adjusted is substantially equivalent.

The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be certified by the clerk of the board and filed immediately for record in the office of the county recorder.
If an adjustment of boundaries pursuant to this section causes:

(a) Part of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the districts may, but are not required to, enter into such an agreement as they determine equitable to address the apportionment of debts, obligations, liabilities and assets.

(b) All of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the debts, obligations, liabilities and assets of the district from which the area is excluded must be assumed by the district to which the area is added.

(Added to NRS by 2007, 2476 ; A 2015, 185 )

NRS 474.570

NRS

474.570

Dissolution of district which is entirely within boundaries of district for county fire department.

A board of county commissioners shall dissolve any fire protection district created pursuant to the provisions of this chapter whenever all the territory within the district is included within the boundaries of a district for a county fire department created pursuant to NRS 244.2961 . No petition or election is required for the dissolution of a district pursuant to this section.

(Added to NRS by 1981, 758 ; A 1989, 76 )

NRS 475.100

NRS

475.100

False fire alarms; penalties; exception.

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.
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.

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 477.010

NRS

477.010

State Fire Marshal Division: Establishment and composition.

The State Fire Marshal Division is hereby established in the Department of Public Safety.
The Division consists of the Fire Protection and Control Section, the Fire Investigation Section, the Public Education Section, the Fire Service Training Section and the Fire Data Section.

(Added to NRS by 1965, 960 ; A 1973, 1072 ; 1977, 1226 ; 1979, 124 ; 1981, 1588 ; 1993, 1636 ; 2001, 2628 )

NRS 477.030

NRS

477.030

Duties; powers; applicability of regulations in certain counties.

Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of:

(1) Combustibles, flammables and fireworks; and

(2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890 .

(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

(e) The maintenance and testing of:

(1) Fire dampers, smoke dampers and combination fire and smoke dampers; and

(2) Smoke control systems.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, the State Fire Marshals authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110 , or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where the State Fire Marshal is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

The State Fire Marshal may:

(a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

(b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

The State Fire Marshal shall cooperate with the State Forester Firewarden in the mitigation of the risk of a fire hazard from vegetation in this State pursuant to paragraph (g) of subsection 1 of NRS 472.040 .
The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from foster homes.
The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.
Except as otherwise provided in subsection 10, the State Fire Marshal shall:

(a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

(b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

(c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit for Insurance established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045 .

(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.
The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
The State Fire Marshal shall:

(a) Except as otherwise provided in subsection 12 and NRS 393.110 , assist in checking plans and specifications for construction;

(b) Provide specialized training to local fire departments; and

Ê on request or as the State Fire Marshal deems necessary.

Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of the State Fire Marshals authority or duties if the local governments personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.
The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

(a) Commercial trucking;

(b) Environmental crimes;

(d) Drugs or other controlled substances; or

(e) Any similar activity specified by the State Fire Marshal.

Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

(a) Do not apply in a county whose population is 700,000 or more which has adopted a code at least as stringent as the International Fire Code , the International Building Code and the International Wildland-Urban Interface Code , published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code , the International Building Code and the International Wildland-Urban Interface Code within 2 years after publication of such an edition.

(b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, public school has the meaning ascribed to it in NRS 385.007 .

(Added to NRS by 1965, 961 ; A 1967, 152 ; 1973, 301 , 1166 ,

1406 ;

1975, 10 , 567 ,

1575 ;

1977, 1465 ; 1979, 125 , 1331 ;

1983, 1389 ; 1985, 329 , 1762 ;

1987, 2281 ; 1989, 1928 ; 1991, 1897 ; 1993, 334 , 581 ,

2725 ,

2739 ;

1999, 1075 , 1858 ;

2001, 125 , 1101 ,

1992 ;

2005, 1253 ; 2007, 1093 , 3102 ;

2009, 1491 , 2747 ;

2011, 1285 ; 2013, 1455 ; 2019, 3149 ; 2021, 629 )

NRS 477.033

NRS

477.033

License: Requirements; application; fee; hearing.

A license, issued by the State Fire Marshal, is required for:

(a) Maintenance, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.

(b) Use of explosives in any commercial construction, but not in mining or the control of avalanches.

Applications for licenses must be made on a form prescribed by the State Fire Marshal.
The State Fire Marshal may conduct inspections, examinations or hearings before the issuance of licenses.
The State Fire Marshal may charge a reasonable fee, to be fixed by regulation, for the inspection and issuance of licenses.
If any person is denied a license by the State Fire Marshal, the person is entitled to a hearing, upon request, before a hearing officer.

(Added to NRS by 1967, 152 ; A 1973, 333 ; 1977, 75 ; 1979, 126 ; 1985, 330 )

NRS 477.073

NRS

477.073

Creation; members; qualifications of members; terms of members; vacancies; officers; meetings; compensation of members; administrative support.

The State Board of Fire Services is hereby created. The Board consists of:

(a) The State Fire Marshal, who is a nonvoting member;

(b) The State Forester Firewarden, who is a voting member; and

(1) A licensed architect;

(2) A chief, deputy chief, assistant chief or division chief of a volunteer fire department or a partially paid fire department;

(3) A chief, deputy chief, assistant chief or division chief of a full-time, paid fire department;

(4) A professional engineer;

(5) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a volunteer or partially paid fire department or fire district;

(6) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a fully paid fire department or fire district;

(7) A fire marshal, fire protection engineer or any other person who is experienced in developing or enforcing any code related to fire prevention;

(8) A firefighter who does not otherwise meet the requirements of subparagraphs (1) to (7), inclusive; and

(9) A member of the general public who has an interest in public safety and is not an employee or a volunteer of a fire department or fire district.

The members described in paragraph (c) of subsection 1:

(a) Must be selected by the Governor based on nominations received from fire chiefs;

(b) Shall serve for a term of 4 years; and

Of the members described in paragraph (c) of subsection 1:

(a) At least one member must be from Clark County;

(b) At least one member must be from Washoe County; and

No member other than the State Fire Marshal and the State Forester Firewarden may serve for more than two consecutive terms.
A vacancy in the Board must be filled for the remainder of the unexpired term in the same manner as the original appointment.
The Board shall select a Chair from among its members to serve for 1 year. The State Fire Marshal shall serve as the Secretary of the Board.
The Board shall meet at least twice each year and on the call of the Chair, the Secretary or any three members.
The members of the Board are entitled to receive from the State Fire Marshal Division of the Department of Public Safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Board.
The State Fire Marshal Division shall provide the Board with administrative support.

(Added to NRS by 2011, 2640 )

NRS 477.080

NRS

477.080

Duties.

The Board shall:

Encourage the training and education of fire service personnel to improve the system of public safety in the State.
Adopt regulations establishing minimum standards for the approval of training and certification programs submitted by a fire department, fire district or any political subdivision or agency of the State or Federal Government pursuant to NRS 477.090 . The regulations must provide minimum standards for the training and certification, including the renewal and revocation of certification, of emergency response personnel who serve in positions for which the Board determines minimum standards of training and certification are necessary.
Provide information and make recommendations to the State Fire Marshal concerning the training of fire service personnel.
Make recommendations to the State Fire Marshal and to the Legislature concerning necessary legislation in the fields of fire fighting and fire protection.
When requested to do so by the Director of the Department of Public Safety, recommend to the Director not fewer than three persons for appointment as State Fire Marshal.
Hear appeals of orders, decisions or determinations made by the State Fire Marshal pursuant to his or her statutory authority.

(Added to NRS by 1995, 821 ; A 2011, 2642 )

NRS 477.130

NRS

477.130

Fire alarms.

The owner or operator of every hotel or motel of three stories or more which contains 20 or more guest rooms, apartment building or condominium of three stories or more with 15 or more dwelling units, or any office building of three stories or more shall equip the building with fire alarms in compliance with paragraph 2 of section 1202B of the 1979 edition of the Uniform Building Code .

(Added to NRS by 1981, 1569 )

NRS 477.150

NRS

477.150

Fire sprinklers; elevators; posting of floor numbers and route for evacuation; heating, ventilating, air-conditioning and paging systems.

The owner or operator of every hotel, motel, office, apartment building or condominium where human occupancy is permitted on floors which are more than 55 feet above the lowest level of ground accessible to vehicles of a fire department, shall:

Equip each exit corridor of the building with fire sprinklers as required by regulations of the State Fire Marshal;
Except in a condominium, equip each room with at least one fire sprinkler above each door opening into an exit corridor of the building;
Equip every elevator so as to permit it to be recalled automatically, in compliance with section A 17.1 of the 1978 edition of the American National Standards Institute and section 211.3 of the 1981 amendments to that edition, to the first floor or, if necessary, to any other floor of the building not affected by fire;
Post the number of each floor in every stairwell and in every lobby adjacent to an elevator;
Equip the heating, ventilating and air-conditioning system with an automatic device to shut it off as prescribed in section 1009 of the 1979 edition of the Uniform Mechanical Code , and with an additional smoke detector as required by the 1978 edition of National Fire Protection Association Standard 90A; and
In each room primarily used for sleeping, except in a condominium:

(a) Post in a prominent location an explanation of the route to use for evacuation of the building; and

(b) Install a paging alarm system which conforms to the regulations of the State Fire Marshal, to permit vocal warning and instructions to the occupants.

In a condominium, install in the common areas a paging alarm system meeting the requirements of paragraph (b) of subsection 6, with a sound level of 80 decibels.

(Added to NRS by 1981, 1569 )

NRS 477.160

NRS

477.160

Buildings used for public assembly.

The owner or operator of every building or portion of a building used for public assembly:

(a) Which has a room or rooms which have a total floor area of more than 5,000 square feet and which are used for public assembly, within a building with a total floor area of 12,000 square feet or more, shall install automatic sprinklers for protection from fire as required by regulation of the State Fire Marshal, except in those areas where the authority waives this requirement. The authority may waive this requirement for any space which is separated from this area by construction whose resistance to fire has been approved by the authority.

(b) Which is certified for occupancy by more than 300 persons shall:

(1) Use interior finishes in the areas used for public assembly which comply with chapter 42 of the 1979 edition of the Uniform Building Code as it relates to retarding the spread of fire;

(2) Install automatic sprinklers in the areas used for public assembly for protection from fire as required by regulations adopted by the State Fire Marshal; or

(3) Apply a flame-retarding solution which has been approved by the authority and will produce an interior finish equal to that required by subparagraph (1).

For the purposes of this section, a building or a portion of a building is used for public assembly if 50 or more persons assemble there for any purpose other than in the normal course of their employment.
The provisions of this section do not apply to:

(a) Churches and buildings associated with them;

(b) Meeting halls of fraternal organizations;

(d) Any other area which:

(1) Is at ground level;

(2) Has no public area more than 100 feet from an outside exit;

(3) Limits occupancy to 50 persons per 1,000 square feet or, in the case of an auditorium, has permanent seating capacity for less than 1,000 persons;

(4) Is not more than two stories in height; and

(5) Contains no areas regularly used for sleeping or living,

Ê if the area complies with the requirements set by the authority for interior finishes in all areas and for smoke-detectors and domestic fire sprinklers in hazardous areas.

(Added to NRS by 1981, 1570 ; A 1983, 1225 ; 1985, 900 )

NRS 512.131

NRS

512.131

Regulations: Adoption; copies to be furnished to operators and representatives of workers.

The Administrator shall adopt regulations for mine health and safety as necessary to provide safe and healthful working conditions at mines. The regulations must provide protection that is at least equal to the protection provided by the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 et seq., as amended. The Administrator may consider the following sources in adopting the regulations:

(a) Common practices of the mining industry;

(b) The American National Standards Institute;

(d) The American Society for Testing and Materials International;

(e) Applicable provisions contained in the Code of Federal Regulations;

(f) The National Fire Protection Association, including, without limitation, the National Electrical Code;

(g) Any national consensus standard; and

(h) Any safety order legally adopted by the Administrator.

The Administrator shall forward a copy of each regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.

(Added to NRS by 1975, 516 ; A 1977, 77 ; 1979, 85 ; 1981, 1531 ; 2007, 3310 )

NRS 527.122

NRS

527.122

Definitions.

As used in NRS 527.122 to 527.128 , inclusive, unless the context otherwise requires:

Authority means the State Forester Firewarden, or a local government, whichever is charged with responsibility for fire protection in the area where a prescribed fire is to take place.
Prescribed fire means the prescribed application of fire to natural vegetation under specified conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.

(Added to NRS by 1993, 1202 ; A 2019, 733 )

NRS 528.080

NRS

528.080

Additional practices required during fire season; contents and observation of fire plan; rules and regulations.

Every timber owner or operator operating during the fire season shall have a fire protection organization and program for the prevention and suppression of fires on operating areas. The timber owner or operator shall make immediate and continuing attack on all forest fires occurring in his or her operating area and upon adjacent lands owned or controlled by the operator, employing his or her normal logging crew and equipment to the extent necessary to suppress such fires, and he or she shall observe the following practices:

(a) Perform loading, equipment servicing, welding and other hazardous operations over bare ground that extends at least 10 feet on all sides from such operations.

(b) Obtain permits for blasting from the local forest officer, as required by law. A worker shall remain on the scene for at least 1 hour following any blasting.

(c) Each year the timber owner or operator shall give written notice to the State Forester Firewarden of the timber owners or operators intent to commence logging operations on a specified area, prior to the commencement of operations. The State Forester Firewarden shall then furnish a standard fire plan form which the operator shall fill out and return to the State Forester Firewarden not later than 10 days prior to commencement of operations.

The fire plan shall be observed and shall include at least the following:

(a) Names of all personnel having responsibility in fire suppression, indicating their duties and line of authority.

(b) Location and number of persons ordinarily available for fire fighting.

(c) Arrangement for receiving reports of fires at any and all times during the dry season, and arrangement for summoning the crew both on and off shift.

(d) Lists showing the type, number and location of tools and equipment reserved for use only on fires, and, also, those units of regular operating equipment that may be used for fire fighting.

(e) Legal description of logging area.

The State Forester Firewarden may promulgate such additional reasonable rules and regulations as he or she may deem necessary.

[8:355:1955]—(NRS A 2017, 1391 )

NRS 528.150

NRS

528.150

Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report.

On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:

(a) The Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

(b) The Governor;

(d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.

The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:

(a) The status of:

(1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;

(2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and

(3) Efforts concerning rehabilitation of vegetation, if any, as a result of a fire or other event which significantly disturbs the vegetation in the Nevada portion of the Lake Tahoe Basin.

(b) Compliance with:

(1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and

(2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.

(1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and

(2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.

(Added to NRS by 2009, 513 ; A 2011, 3736 ; 2013, 2367 ; 2019, 740 )

NRS 538.600

NRS

538.600

California-Nevada Interstate Compact: Ratification and approval; text.

The Legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as set forth in this section. The provisions of the Compact shall become the law of this state upon the compact becoming operative as provided in Article XXII of the Compact. The provisions of the California-Nevada Interstate Compact are as follows:

ARTICLE I. Purposes

Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.

ARTICLE II. Definitions

A. The terms California and Nevada shall mean respectively the State of California and the State of Nevada.

B. The term commission shall mean the administrative agency created by Article IV of this compact.

C. The term Lake Tahoe Basin shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.

D. The term Truckee River Basin shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake including such lake, but excluding the Lake Tahoe Basin.

E. The term Carson River Basin shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.

F. The term Walker River Basin shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.

G. Except as otherwise expressly provided in this compact the terms existing, present and presently shall mean as of 1964.

H. The term effective date of the compact shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.

I. Measured means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.

ARTICLE III. Sovereign Relationship

A. Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein; provided, however, that the right to use such water shall be limited to such quantities of water as shall reasonably be required for the beneficial use to be served and shall not extend to the waste or unreasonable use of water. Such provision shall not be construed to affect the water rights laws of either state with respect to any waters, other than the waters allocated to the state hereunder. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.

B. Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.

C. The use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.

ARTICLE IV. The California-Nevada Compact Commission

A. Creation and Composition

There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.
The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be ex officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.

(a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.

(b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interest and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.

The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.
Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.
The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.

B. Finances

The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be borne equally by the two states.
The commission shall adopt a budget covering the commissions estimate of its expenses for each of the following two fiscal years; provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal years operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.
The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the Constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

C. Meetings and Voting

A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.
All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.
Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.

D. General Powers

The commission shall have power to:

Adopt, amend and revoke bylaws, rules and regulations and prescribe procedures for administration of the provisions of this compact.
Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.
Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmens compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.
Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each states share of the waters allocated.
Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.
Accept gifts of money or real property or anything of value.
Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission.
Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.
Take such action as it deems appropriate for the enforcement of the provisions of this compact.
Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in subsection 8 of this Section D.
Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.

E. Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.

ARTICLE V. Lake Tahoe Basin

A. The right of the United States or its agent to store waters in Lake Tahoe between elevations 6,223.0 and 6,229.1 feet (Lake Tahoe datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this article.

B. It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of 6,223.0 feet, Lake Tahoe datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interests of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe datum shall be measured with respect to the top surface of the hexagonal brass bolt seven-eighths inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe Dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it was determined by the U.S. Geological Survey on November 15, 1960, to be at an elevation of 6,228.86 feet above sea level datum of 1929.

C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.

D. Upon construction of the overflow weir provided for in Section B of this article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources including ground water and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.

E. In addition to the other allocations made by this compact, transbasin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.

The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing transbasin diversion within the meaning of this Section E.

F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses from all sources is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.

ARTICLE VI. Truckee River Basin

The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:

A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al. United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.

B. There is allocated to California:

The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per second; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.
Six thousand acre-feet of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.
If and when the water allocated to California in subparagraphs 1 and 3 of this section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:

(a) All existing beneficial uses of water for domestic, municipal, industrial, and agricultural purposes in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield.

(b) Additional yields developed for use in California shall be limited to an amount not to exceed an aggregate of 10,000 acre-feet annually, and such development shall be for domestic, municipal, and industrial uses solely. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.

(c) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.

C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.

D. There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this article.

ARTICLE VII. Carson River Basin

The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between states:

A. There is allocated to the State of California:

The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.

Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:

(a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.

(b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.

(c) Stock water, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.

The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.
There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.

B. There is allocated to the State of Nevada:

The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.

The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.

Subject to allocations made in subsection B.1 and Section C of this article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.

C. There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.

D. Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.

Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.

E. Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.

ARTICLE VIII. Walker River Basin

A. Allocation to Present Rights and Uses

Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A.F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.
The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964. For the purpose of this provision annually means the period from November 1 through October 31 of the following year.

(b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.

(c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.

The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision year means the period from November 1 of one calendar year to October 31 of the following calendar year.

(b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

(a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.

(b) In addition to rights recognized in subsection A.1 of this article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.

Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

In addition to rights recognized in subsections A.1 and A.4(a) above, there is allocated to California water of the West Walker River as follows:

(a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.

(b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.

(c) The allocation in this subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.

B. Allocation of Unused Water

The term unused water includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this subsection B.1 shall be equal in priority.

(a) The reregulation by storage of waters allocated for storage shall not be considered as the development of unused water.

Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to subsection B.1 of this article for optimum use of water.
While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission.

(a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevadas share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.

(b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.

Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.
Unused water shall be used only:

(a) Within the Walker River Basin;

(b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern range line of Range 23 East, Mount Diablo Base Line and Meridian;

(c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;

(d) Within the area tributary to Topaz Lake; or

(e) Any combination of the above areas.

C. Watermaster

A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.
The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.
Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.
Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.
Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.
The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, subsection B.1 of this compact.

ARTICLE IX. Ground Water and Springs

A. Development and Use of Ground Water

Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall no

NRS 590.495

NRS

590.495

Board for Regulation of Liquefied Petroleum Gas: Meetings; quorum; officers; notice of meetings and certain hearings.

The Board shall hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the Chair.
Special meetings may be held at such times and places as may be specified by a call of the Chair or a majority of the Board.
At the regular meeting in March of each year, the Board shall elect, by majority vote, a Chair, Vice Chair and Secretary-Treasurer, who shall hold their respective offices for a period of 1 year.
Four members of the Board constitute a quorum, and may exercise all the power and authority conferred on the Board.
If the Board conducts a hearing concerning the location of a facility for the storage of liquefied petroleum gas pursuant to NRS 590.547 , the Board shall:

(a) Notify the governing body and fire protection agency of the town; and

(b) Post a notice in a conspicuous place in the town,

Ê in which the hearing will be held, at least 10 days before the hearing.

In addition to any other notice, the Board shall post the agenda of each meeting in:

(a) The county seat of each county in this State; and

(b) Each city or town,

Ê in which a project identified on the agenda is located.

(Added to NRS by 1957, 476 ; A 1983, 1447 ; 1987, 1053 , 1538 ;

1989, 1838 ; 1993, 443 )

NRS 618.305

NRS

618.305

Sources for standards.

The Division may consider the following sources in adopting standards under this chapter:

American National Standards Institute (ANSI).
American Society of Mechanical Engineers (ASME).
American Society for Testing and Materials (ASTM).
Code of Federal Regulations (CFR).
National Electrical Code (NEC).
National Fire Protection Association (NFPA).
Any national consensus standard.
Any safety order legally adopted by the Division.

(Added to NRS by 1973, 1013 ; A 1981, 1508 )

NRS 63.460

NRS

63.460

Forestry camps: Establishment; employment of children; power of superintendent to contract with other governmental officials and agencies.

A facility may establish forestry camps for the purposes of:

(a) Securing a satisfactory classification and segregation of children according to their capacities, interests and responsiveness to control and responsibility;

(b) Reducing the necessity of extending existing grounds and housing facilities; and

Children committed to forestry camps may be required:

(a) To labor on the buildings and grounds of the forestry camp.

(b) To perform fire prevention work, including, but not limited to:

(1) Building firebreaks and fire trails;

(2) Fire suppression;

(3) Making forest roads for fire prevention or fire fighting; and

(4) Forestation and revegetation of public lands.

For the purposes of carrying out the provisions of this section, the superintendent of a facility may enter into contracts with the Federal Government, state officials and various state agencies and departments.
As used in this section, revegetation has the meaning ascribed to it in NRS 528.097 .

(Added to NRS by 2003, 1102 ; A 2021, 624 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code , issued by the International Code Council, and any amendments to the Code

that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code , and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code , and any amendments thereto, every third year.

The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.
The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.
The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .
Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.
The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days notice of each hearing, before the Director may adopt any regulations pursuant to this section.

As used in this section, design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 704.175

NRS

704.175

Compliance with standards for electrical construction; inspection; exemption.

Except as provided in subsection 2, any public utility which installs or modifies any electrical supply line in any building or facility which it owns or operates, if the building or facility is open and accessible to the general public, shall perform such installation or modification as if the National Electrical Code adopted by the National Fire Protection Association applied to such work, and any local government which regulates electrical construction shall inspect such work within its jurisdiction for compliance with this section.
Communication equipment and related apparatus are exempted from the provisions of subsection 1 only if the equipment and apparatus are owned, installed, operated and maintained by a telecommunication provider under the jurisdiction of the Commission.

(Added to NRS by 1977, 1493 ; A 2007, 701 )

NRS 704.660

NRS

704.660

Public utility supplying water required to provide reasonably adequate supply of water for fire protection at reasonable rates; regulations by Commission; proceedings; violations.

Any public utility which furnishes, for compensation, any water for domestic purposes shall furnish each city, town, village or hamlet which it serves with a reasonably adequate supply of water at reasonable pressure for fire protection and at reasonable rates, all to be fixed and determined by the Commission.
The duty to furnish a reasonably adequate supply of water provided for in subsection 1 includes the laying of mains with all necessary connections for the proper delivery of the water for fire protection, the installation of appliances to assure a reasonably sufficient pressure for fire protection and the maintenance of fire hydrants that are the property of the public utility and located either within a public right-of-way or upon private property to which the public utility is permitted reasonable access without cost.
The Commission may fix and determine reasonable rates and prescribe all installations and appliances adequate for the proper utilization and delivery of water for fire protection. The Commission may adopt regulations and practices to be followed by a utility in furnishing water for fire protection, and has complete jurisdiction of all questions arising under the provisions of this section.
All proceedings under this section must be conducted pursuant to NRS 703.320 to 703.370 , inclusive, and 704.005 to 704.645 , inclusive. All violations of any order made by the Commission under the provisions of this section are subject to the penalties for similar violations of the provisions of NRS 704.005 to 704.645 , inclusive.
This section applies to and governs all public utilities furnishing water for domestic use on March 26, 1913, unless otherwise expressly provided in the charters, franchises or permits under which those utilities are acting. Each public utility which supplies water for domestic uses after March 26, 1913, is subject to the provisions of this section, regardless of any conditions to the contrary in any charter, franchise or permit of whatever character granted by any county, city, town, village or hamlet within this State, or of any charter, franchise or permit granted by any authority outside this State.

[1:255:1913; 1919 RL p. 3172; NCL § 6158] + [2:255:1913; 1919 RL p. 3172; NCL § 6159] + [3:255:1913; 1919 RL p. 3172; NCL § 6160] + [4:255:1913; 1919 RL p. 3173; NCL § 6161] + [5:255:1913; 1919 RL p. 3173; NCL § 6162]—(NRS A 1979, 248 ; 1989, 728 ; 2003, 3029 ; 2007, 494 )

NRS 704.7983

NRS

704.7983

Triennial submission by electric utilities required; contents; compliance with standards for wildland-urban interface; regulations; distribution of copy of plan to certain persons; recovery of costs; authority of rural electric cooperative to submit.

An electric utility shall, on or before June 1, 2020, and on or before June 1 of every third year thereafter, in the manner specified by the Commission, submit a natural disaster protection plan to the Commission.
A natural disaster protection plan submitted to the Commission pursuant to subsection 1 must:

(a) Identify areas within the service territory of the electric utility that are subject to a heightened threat of a fire or other natural disaster.

(b) Propose an approach for the mitigation of potential fires or other natural disasters that is cost effective, prudent and reasonable.

(c) Describe the preventive measures and programs the electric utility will implement to minimize the risk of its electric infrastructure causing a fire.

(d) Describe the participation of the electric utility, including, without limitation, any commitments made, in any community wildfire protection plans, as defined in 16 U.S.C. § 6511, established in this State.

(e) Propose protocols for de-energizing distribution lines and disabling reclosers on those lines in the event of a fire or other natural disaster. Such protocols must consider the associated impact of such actions on public safety and mitigate any adverse impact on public safety plans, including, without limitation, impact on critical first responders and on health and communication infrastructure.

(f) Describe the procedures the electric utility intends to use to inspect the electric infrastructure of the electric utility.

(g) Describe the procedures the electric utility intends to use for vegetation management.

(h) Describe the procedures the electric utility intends to use to restore its distribution system in the event of a natural disaster.

(i) Demonstrate that the natural disaster protection plan is consistent with the emergency response plan submitted by the electric utility pursuant to NRS 239C.270 .

(j) Describe the ability of the electric utility to implement the natural disaster protection plan and identify additional funding needed for the implementation of the plan.

The procedures, protocols and measures set forth in a natural disaster protection plan submitted pursuant to subsection 1 must comply with all applicable requirements of the most recent version of the International Wildland-Urban Interface Code, published by the International Code Council or its successor organization, including, without limitation, the requirements relating to clearances set forth in Appendix A of the Code. Nothing in this subsection shall be construed to prohibit an electric utility from setting forth in a natural disaster response plan procedures, protocols and measures that are more restrictive than those set forth in the Code.
The Commission shall adopt regulations to provide for the method and schedule for preparing, submitting, reviewing and approving a plan submitted pursuant to subsection 1.
An electric utility whose natural disaster protection plan has been approved by the Commission in accordance with the regulations adopted by the Commission pursuant to subsection 4 shall provide a copy of the approved plan to the chief officer of each fire department and each state, city and county emergency manager within the service territory of the electric utility.
All prudent and reasonable expenditures made by an electric utility to develop and implement a plan submitted pursuant to subsection 1 must be recovered as a separate monthly rate charged to the customers of the electric utility. The electric utility shall designate the amount charged to each customer as a separate line item on the bill of the customer.
A rural electric cooperative established pursuant to chapter 81 of NRS may submit to the Commission a natural disaster protection plan containing the information set forth in subsection 2. The Commission shall review a plan submitted by a rural electric cooperative and provide advice and recommendations. The board of directors of a rural electric cooperative may allow the rural electric cooperative to recover expenditures made to develop and implement a natural disaster protection plan from the rates charged to the customers of the rural electric cooperative.
As used in this section, electric utility has the meaning ascribed to it in NRS 704.7571 .

(Added to NRS by 2019, 555 )

Electric Infrastructure Work

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)