USA Statutes : nevada
Title : Title 42 - PROTECTION FROM FIRE; EXPLOSIVES
Chapter : CHAPTER 473 - FIRE PROTECTION DISTRICTS RECEIVING FEDERAL AID
As used in this chapter,
“federal aid” means aid provided pursuant to title 16 of the United
States Code.
(Supplied in revision; A 1985, 297)
1. Property owners of land in watershed areas or lands having an
inflammable cover in one or more counties in this state may institute
proceedings for the formation of a fire protection district for the
purpose of securing federal aid by petition to the State Forester
Firewarden.
2. The petition must:
(a) Set forth the territory in the county to be included in the
fire protection district; and
(b) Be signed by at least 25 percent of the property owners within
the territory.
3. The State Forester Firewarden shall determine the feasibility
of the formation of the district and shall notify the board of county
commissioners of his decision and transmit a copy of the petition to the
board.
[Part 5(a):149:1945; added 1949, 543; 1943 NCL § 3169.04a]—(NRS A
1965, 399; 1985, 297)
The board of county commissioners in each of such counties,
upon receipt of a notice in writing from the State Forester Firewarden of
the feasibility of the formation of such fire protection district, shall
adopt a resolution:
1. Describing the territory or specifying the exterior boundaries
of the proposed fire protection district;
2. Stating the purpose for which it is to be organized;
3. Fixing a time and place for a hearing of the matter not less
than 30 days after its adoption; and
4. Directing the clerk of the board of county commissioners to
publish the notice of intention of the board of county commissioners to
form such fire protection district, and of the time and place fixed for
the hearing, and shall designate that publication shall be in some
newspaper of general circulation published in the county and circulated
in the proposed fire protection district, or if there is no newspaper so
published and circulated then in some newspaper of general circulation
circulated in the proposed district.
[Part 5(a):149:1945; added 1949, 543; 1943 NCL § 3169.04a]—(NRS A
1965, 399)
The notice shall:
1. Be headed “Notice of the proposed formation of fire protection
district in ........................... (stating the name of the county
or city, in the case of Carson City, or, if there be more than one, the
name of the counties in which the proposed district is located).”
2. State the fact that the board of county commissioners of the
county or the Board of Supervisors of Carson City has fixed the time and
place (which shall be stated in the notice) for a hearing on the matter
of the formation of the fire protection district.
3. Describe the territory or shall specify the exterior boundaries
of the territory proposed to be organized into a fire protection district.
4. Be published once a week for 2 successive weeks prior to the
time fixed for the hearing in the newspaper designated by the board of
county commissioners of the county or the board of supervisors of Carson
City.
(Added to NRS by 1965, 400; A 1969, 339)
1. At the time fixed for the hearing of the matter, or at any time
prior thereto, any person interested may file with the clerk of the board
written objections to the formation of the district.
2. At the time fixed for the hearing, or to which the hearing may
be adjourned, the board of county commissioners shall hear the objections
filed, if any, and pass upon the same.
3. The board may, in its discretion, sustain any or all of the
objections filed and may change or alter the boundaries of such proposed
district to conform to the needs of the district and to exclude therefrom
any land that will not be benefited by the formation of such a district.
Except as provided in NRS 473.033 , the
board shall not include therein any territory not included in the
boundaries mentioned in the petition.
(Added to NRS by 1965, 400)
Any owner of lands adjacent to the borders of the
proposed district may, by his written application therefor filed with the
board of county commissioners at or before the time of the hearing of the
petition, in the discretion of the board, have such lands included within
such proposed district.
(Added to NRS by 1965, 400)
1. Upon the hearing of the matter, the board of county
commissioners shall determine whether the petition complies with the
requirements and purposes of this chapter, and must hear all competent
and relevant testimony offered in support or in objection thereto. Upon
completion of the hearing the board shall, by order, determine whether
the proposed district will be formed and the order must be entered upon
the minutes of the board of county commissioners.
2. Upon the entry of the order of formation of the district, the
board of county commissioners shall forthwith notify the State Forester
Firewarden of the formation of the district. The State Forester
Firewarden shall establish regulations for the organization of the area
included within the district to meet the terms and requirements for
federal aid.
(Added to NRS by 1965, 400; A 1985, 298)
1. New territory may be included in any fire protection district
organized under this chapter in the manner provided in subsections 2 to
5, inclusive.
2. Upon receiving a written petition containing a description of
the territory proposed to be included (which territory must be contiguous
to the district), which petition must contain a statement advising the
signers that their property will be subject to the levy of a tax for the
support of the fire protection district, and be signed by not less than a
majority of the property owners within the territory, the State Forester
Firewarden shall determine the feasibility of including that territory
and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing
from the State Forester Firewarden of the decision to include territory
in the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included; and
(b) Stating the purpose for its inclusion.
4. Upon the adoption of the resolution the board of directors
shall forthwith notify the State Forester Firewarden of the resolution.
The territory is in the fire protection district from the date of the
resolution.
5. Upon the inclusion of any contiguous territory in a fire
protection district the State Forester Firewarden shall adopt regulations
for the organization of the territory to meet the terms and requirements
for federal aid.
(Added to NRS by 1957, 325; A 1963, 360; 1965, 398; 1967, 877;
1981, 484; 1985, 298)
1. Territory may be excluded from any fire protection district
organized under this chapter in the manner provided in subsections 2, 3
and 4.
2. Should any portion of the territory included in a fire
protection district be:
(a) Annexed to an incorporated city or lands adjacent to an
incorporated city be zoned for residential, small estates or commercial
use pursuant to law, the State Forester Firewarden may declare the
portion so annexed or zoned to be excluded from the district, and he
shall change the district boundary to conform to the annexation or zoning.
(b) Used or zoned as industrial, commercial, residential or
agricultural land, the State Forester Firewarden shall, immediately upon
receiving a written petition:
(1) Requesting exclusion from the district;
(2) Containing the description of 10 or more contiguous
parcels of land within the territory so used or zoned as industrial,
commercial, residential or agricultural land which parcels are each owned
separately by different persons; and
(3) Signed by the owners of a majority of the parcels of the
described territory sought to be excluded,
Ê determine the feasibility of excluding that territory and shall notify
the board of directors of the district of his decision.
3. Should any portion of the territory included in a fire
protection district be:
(a) Fifteen acres or less of irrigated land;
(b) Owned by less than 10 owners; and
(c) Abutting on a portion of the district’s boundary,
Ê the State Forester Firewarden shall, immediately upon receiving a
written petition requesting exclusion from the district, containing a
description of the land, and signed by the owners of a majority of the
parcels in the described territory sought to be excluded, determine the
feasibility of excluding that territory and shall notify the board of
directors of the district of his decision.
4. The board of directors, upon receipt of a notice in writing
from the State Forester Firewarden of a decision to exclude territory
from the fire protection district, shall prepare a resolution:
(a) Describing the territory to be excluded; and
(b) Stating the purpose of its exclusion.
Ê Upon the adoption of the resolution the board of directors shall
forthwith notify the State Forester Firewarden of the resolution. The
territory is excluded from the fire protection district from the date of
the resolution.
(Added to NRS by 1981, 483)
1. A change of boundaries of a fire protection district shall not
impair or affect its organization, nor shall it affect, impair or
discharge any contract, obligation, lien or charge on which it might be
liable or chargeable had such change of boundaries not been made.
2. Property included within or annexed to a district shall be
subject to all of the taxes imposed by the district, and shall be liable
for its proportionate share of existing bonded indebtedness of the
district; but it shall not be liable for any taxes levied or assessed
prior to its inclusion in the district, nor shall its entry into the
district be made subject to or contingent upon the payment or assumption
of any penalty.
3. Property excluded from a district shall thereafter be subject
to the levy of taxes for the payment of its proportionate share of any
indebtedness of the district outstanding at the time of such exclusion,
but the board of county commissioners may levy taxes upon only the
taxable property remaining in the district after the exclusion of
property if the board finds and determines that it has considered the
results of Sections 1 and 2 of Article 10 of the Constitution of the
State of Nevada and that the failure to levy a tax upon the property
excluded from the district will not prejudice any creditor existing at
the time of such exclusion.
(Added to NRS by 1965, 401)
The county
commissioners in the county or counties wherein such a fire protection
district or portion thereof is located shall constitute the board of
directors of the district.
[Part 5(c):149:1945; added 1949, 543; 1943 NCL § 3169.04c]
1. For the consideration and approval of the district board of
directors, the State Forester Firewarden shall annually:
(a) Prepare a budget estimating the amount of money which will be
needed to defray the expenses of the district organized under the
provisions of NRS 473.020 and 473.030
.
(b) Determine the amount of a special tax sufficient to raise the
sum estimated to be necessary. The amount of the tax to be collected for
the purposes of this section must not exceed, in any 1 year, 1 percent of
the assessed value of the property described in subsection 2.
2. When so determined, the State Forester Firewarden shall certify
the amount of the estimated sum and the estimated tax to the board of
county commissioners in the county or counties wherein the district or
portion thereof is located. At the time of making the levy of county
taxes for that year, the board of county commissioners may levy the tax
certified, or a tax determined by the board of county commissioners to be
sufficient for the purpose, upon all the real property, together with
improvements thereon, and all property valued by the Nevada Tax
Commission pursuant to NRS 361.320 ,
361.323 or 361.325 and similar intracounty properties in the
district within its county.
3. If levied the tax must be assessed and collected in the same
manner, at the same time and by the same officers as are state and county
property taxes, and must be paid to the county treasurer. The county
treasurer shall keep the money in a separate fund designated by district
name and it must be used only for fire protection purposes.
4. Any tax money or county general fund money provided for support
of the district may be used to provide structural as well as forest or
watershed fire protection if deemed necessary. All funds must be expended
in accordance with an annual budget prepared by the State Forester
Firewarden and approved by the board of directors. The money so provided
must be disbursed by the county treasurer to the responsible protecting
agencies in accordance with the budget. All claims must be:
(a) Certified by a responsible officer of the protecting agency.
(b) Subject to approval and audit as are other claims against the
agency.
(c) Subject to inspection and audit by the State Forester
Firewarden and the board of county commissioners.
5. Any money budgeted for forest and watershed protection must be
deposited in the State Treasury to the credit of the Division of Forestry
account within the State General Fund and may be disbursed by the State
Forester Firewarden in accordance with the district budget, and shall be
used for the sole purpose of the prevention and suppression of fires in
such organized fire protection districts in accordance with state law and
regulations.
[5(b):149:1945; added 1949, 543; 1943 NCL § 3169.04b]—(NRS A 1957,
323; 1963, 360; 1973, 270; 1977, 1053; 1983, 560)
The board of directors may prepare, issue and sell
negotiable coupon bonds not exceeding $50,000 in amount, exclusive of
interest, for the purpose of providing money for the purchase of
fire-fighting equipment and other necessary facilities for use in the
respective fire protection districts eligible for federal aid.
[Part 5(c):149:1945; added 1949, 543; 1943 NCL § 3169.04c] +
[5(d):149:1945; added 1949, 543; 1943 NCL § 3169.04d]—(NRS A 1963, 362;
1969, 1633; 1981, 964; 1985, 299)
1. The State Forester Firewarden may prohibit or restrict the
following activities within the boundaries of any fire protection
district governed by this chapter when a danger to public safety or
natural resources exists because of conditions which create a high risk
of fire:
(a) The operation in an area of timber, brush or grass of a motor
vehicle or other item of equipment powered by a motor:
(1) If the motor does not have a spark arrestor as required
by law; or
(2) If the operator does not have in his possession an ax,
shovel and at least 1 gallon of water;
(b) The operation in an area of timber, brush or grass of a motor
vehicle off an existing paved, gravel or dirt road;
(c) The smoking of tobacco or other substances in any place other
than a motor vehicle or an area cleared of flammable vegetation;
(d) Setting an open fire any place other than in a fireplace
located in an established picnic area or campground; or
(e) Other activities, if specified in regulations adopted by the
Firewarden and the prohibition or restriction is related to reducing a
high risk of fire,
Ê but these prohibitions and restrictions do not apply in established
campgrounds or picnic areas, beaches or places of habitation or to travel
on state or federal highways.
2. The State Forester Firewarden shall make a public announcement
and post signs in any district where he has prohibited or restricted any
activities.
3. The State Forester Firewarden shall, upon finding that a danger
to public safety or to natural resources no longer exists, make known to
the public the end of any prohibition or restriction in that district.
4. The provisions of this section apply only to specified
prohibitions or restrictions and do not confer upon the State Forester
Firewarden the power to prohibit access to land.
5. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
(Added to NRS by 1981, 483)
Except
as otherwise provided in NRS 527.126 ,
within the boundaries of any fire protection district organized under
this chapter, any person, firm, association or agency which, personally
or through another, willfully, negligently or in violation of the law:
1. Sets fire to the property, whether privately or publicly owned,
of another;
2. Allows fire to be set to the property, whether privately or
publicly owned, of another; or
3. Allows a fire kindled or attended by him to escape to the
property, whether privately or publicly owned, of another,
Ê is liable to the owner of such property for the damages thereto caused
by such fire.
[9.1:149:1945; added 1953, 119]—(NRS A 1993, 1203)
Within the boundaries of any
fire protection district organized under this chapter, any person, firm,
association or agency responsible for causing any fire or other emergency
which threatens human life 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 or
county agency incurring such expenses in the same manner as in the case
of an obligation under a contract, express or implied.
[9.2:149:1945; added 1953, 119]—(NRS A 1981, 485)
1. Except as otherwise provided in this section and NRS 527.126
, it is unlawful within the boundaries
of any fire protection district organized under this chapter for any
person, firm, association, corporation or agency to burn, or cause to be
burned, any brush, grass, logs or any other inflammable material, or
blast with dynamite, powder or other explosive, or set off fireworks, or
operate a welding torch, tarpot or any other device that may cause a fire
in forest, grass or brush, either on his own land or on the land of
another, or on public land, unless such burning or act is done under a
written permit from the State Forester Firewarden or his duly authorized
agent and in strict accordance with the terms of the permit.
2. Written permission is not necessary:
(a) At any time during the year when the State Forester Firewarden
determines that no fire hazard exists.
(b) To burn materials in screened, safe incinerators, or in
incinerators approved by the State Forester Firewarden or his duly
authorized agent, or in small heaps or piles, where the fire is set on a
public road, corrals, gardens or ploughed fields, and at a distance not
less than 100 feet from any woodland, timber or brush-covered land or
field containing dry grass or other inflammable material with at least
one adult person in actual attendance at such fire at all times during
its burning.
3. This section does not prevent the issuance of an annual permit
to any public utility covering its usual and emergency operation and
maintenance work within the district.
4. This section does not prevent the building of necessary
controlled small camp and branding fires, but caution must be taken to
make certain that the fire is extinguished before leaving, and, in any
case where the fire escapes and does injury to the property of another,
such escape and injury are prima facie evidence of a violation of this
section.
5. The provisions of this section apply only to such portions of
the fire protection district as are outside incorporated cities and towns.
6. Any person, firm, association, corporation or agency violating
any of the provisions of this section is guilty of a misdemeanor.
[9.3:149:1945; added 1953, 119]—(NRS A 1957, 324; 1971, 1457; 1979,
1479; 1993, 1203)
1. Any owner of lands within a fire protection district created
pursuant to this chapter shall eliminate and remove a fire hazard on his
property when directed to do so by the board.
2. If the owner does not comply within the time specified by the
board, the board 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 district in eliminating and removing
the fire hazard may be recovered directly from the owner of the property
or the district 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.
4. As used in this section, “board” means the board of directors
of the district.
(Added to NRS by 1991, 380)
