USA Statutes : nevada
Title : Title 42 - PROTECTION FROM FIRE; EXPLOSIVES
Chapter : CHAPTER 472 - STATE FORESTER FIREWARDEN
There is hereby created the position of
State Forester Firewarden. The State Forester Firewarden shall be
appointed by and be responsible to the Director of the State Department
of Conservation and Natural Resources.
[1:149:1945; 1943 NCL § 3169]—(NRS A 1957, 650)
The State Forester Firewarden must be:
1. A graduate of a recognized school of forestry, or the
equivalent.
2. Trained in fire control work.
[Part 2:149:1945; 1943 NCL § 3169.01] + [39:295:1953; A 1955,
517]—(NRS A 1957, 650)
1. The State Forester Firewarden is in the unclassified service of
the State.
2. Except as otherwise provided in NRS 284.143 , he shall devote his entire time and attention
to the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
(Added to NRS by 1959, 788; A 1960, 395; 1961, 657; 1963, 1332;
1965, 705; 1967, 1500; 1971, 1439; 1981, 1282; 1995, 2315)
1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry 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) Designate the boundaries of each area of the State where the
construction of buildings on forested lands creates such a fire hazard as
to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire
retardant roofing materials to be used in the construction, alteration,
change or repair of buildings located within the boundaries of fire
hazardous forested areas.
(f) 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.
(g) 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.
(h) 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.
2. 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 and watershed
management or the protection of forests and other 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, patrolmen, 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 to fire protection and forest and watershed
management.
(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.
3. 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 )
1. The State Forester Firewarden may:
(a) In a district formed pursuant to NRS 473.034 ; and
(b) In an area designated pursuant to paragraph (d) of subsection 1
of NRS 472.040 , including any land
within the 1/2-mile radius surrounding such an area,
Ê enforce the provisions of Appendix II-A of the Uniform Fire Code of the
International Conference of Building Officials in the form most recently
adopted by that conference before July 1, 1985, regarding the clearance
of brush, dense undergrowth and other vegetation around and adjacent to a
structure to reduce the exposure of the structure to fire and radiant
heat and increase the ability of firefighters to protect the structure.
2. The enforcement of these provisions must permit the planting of
grass, trees, ornamental shrubbery or other plants used to stabilize the
soil and prevent erosion so long as the plants do not form a means of
rapidly transmitting fire from native growth to any structure.
(Added to NRS by 1985, 2120)
1. It is the purpose of this section to provide for the
maintenance of forest and vegetative cover on forest and watershed land,
to conserve water and soil and to prevent destructive floods.
2. 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 forest and vegetative cover on forest or watershed
lands.
(b) Conduct surveys and studies, formulate plans and perform all
acts incidental to the establishment and maintenance of forest and
vegetative cover on forest and watershed lands, including any work
necessary to accomplish such purposes.
3. 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.
4. The State Forester Firewarden, or his agents, 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)
1. 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 management and the protection of the forest and
watershed areas of Nevada from fire, and enter into such other agreements
with boards of county commissioners, municipalities, 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 forest management and the protection from
fire of forest or other lands having an inflammable cover.
2. 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 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)
Any fire protection district and board or boards of county
commissioners of the State of Nevada may:
1. 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, organizations and individuals, to prevent and
suppress outdoor fires.
2. 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 protection improvements
and equipment; and for paying other expenses incidental to the protection
of forest and other lands from fire, including any portion of the office
and travel expense of the Division of Forestry 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)
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, and other
fire protection agencies, to provide for placing any or all portions of
the fire protection work under the direction of the agency concerned,
under such terms as the contracting parties deem equitable, and may place
any or all funds appropriated or otherwise secured for forest protection
in the cooperative work fund of the respective agency for disbursement by
that agency 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)
Any authority granted by this chapter for entering into
cooperative agreements shall be deemed to include authority for
cancelling, modifying and renewing such agreements.
[8:149:1945; 1943 NCL § 3169.07]
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 his respective district shall assist the State
Forester Firewarden in determining man power and equipment needs to
perfect a fire control organization within the limitations of existing
statutes.
[9:149:1945; 1943 NCL § 3169.08]
1. A residential or commercial building must not be constructed,
altered, changed or repaired in any area designated by the State Forester
Firewarden as fire hazardous if the construction uses roofing materials
other than fire retardant roofing materials meeting the standards set by
the State Forester Firewarden pursuant to NRS 472.040 .
2. The State Forester Firewarden shall notify the governing body
of each city or county in which a building code is in effect as soon as
standards for fire retardant roofing materials have been established
pursuant to paragraph (e) of subsection 1 of NRS 472.040 . The governing body is responsible for the
enforcement of the provisions of subsection 1 of this section within the
areas over which it exercises jurisdiction. No building permit may be
issued for construction within the jurisdiction of any such governing
body in violation of subsection 1 of this section.
3. The State Forester Firewarden is responsible for the
enforcement of the provisions of subsection 1 in all areas of the State
in which there is no building code in effect.
4. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
(Added to NRS by 1973, 299; A 1991, 310)
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 if he determines
that it is impractical for the employees to eat at home because of their
duties in that emergency.
(Added to NRS by 1979, 83)
1. Any owner of lands within the jurisdiction of the State
Forester Firewarden shall eliminate and remove a fire hazard on his
property when directed to do so by the State Forester Firewarden.
2. If the owner does not comply within the time specified by the
State Forester Firewarden, the State Forester Firewarden may eliminate
and remove the fire hazard and may for this purpose contract with any
person for the performance of the work.
3. The cost incurred by the State Forester Firewarden in
eliminating and removing the fire hazard may be recovered directly from
the owner of the property or the State Forester Firewarden may make the
cost a special assessment against the real property. The special
assessment may be collected at the same time and in the same manner as
ordinary county taxes are collected, and is subject to the same penalties
and the same procedure and sale in case of delinquency as provided for
ordinary county taxes. All laws applicable to the collection and
enforcement of county taxes are applicable to the special assessment.
(Added to NRS by 1991, 380)
