USA Statutes : nevada
Title : Title 42 - PROTECTION FROM FIRE; EXPLOSIVES
Chapter : CHAPTER 474 - COUNTY FIRE PROTECTION DISTRICTS
1. 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.
2. 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 district’s 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)
Formation
Contiguous unincorporated territory lying within one or more counties
and not included in any other fire protection district, and not including
timberland patrolled by the United States Forest Service or in accordance
with the rules and regulations of the United States Forest Service, 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]
1. 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, shall present a petition to the board of
county commissioners of the county in which the land or the greater
portion thereof lies, 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 board’s intention to form or
organize such territory into a county fire protection district, naming
the district and describing its exterior boundaries.
2. The resolution shall:
(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 such county 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 county 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 2:121:1937; 1931 NCL § 1929.02]
The notice
shall:
1. 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 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 has fixed the time and place (which shall be stated in the notice)
for a hearing on the matter of the formation of a county 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, which boundaries, so far as practicable, shall be the
centerlines of highways.
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.
[Part 2:121:1937; 1931 NCL § 1929.02]
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 474.010 to
474.450 , inclusive, the board shall not
include therein any territory not included in the boundaries mentioned in
the petition.
[Part 3:121:1937; 1931 NCL § 1929.03]
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.
[Part 3:121:1937; 1931 NCL § 1929.03]
Upon the hearing of the
petition, the board of county commissioners shall determine whether or
not the petition complies with the requirements and purposes of NRS
474.010 to 474.450 , inclusive, and must hear all competent and
relevant testimony offered in support or in objection thereto. The board
shall, by resolution, determine whether or not such a proposed district
shall be formed and such determination shall be entered upon the minutes
of the board of county commissioners.
[Part 3:121:1937; 1931 NCL § 1929.03]
1. Except as otherwise provided in subsection 2, when, pursuant to
the provisions of NRS 474.040 , 474.050
and 474.060 , the boundaries of the proposed district are
defined and established by the board, the board of county commissioners
shall make an order dividing the proposed district into three or five
divisions as nearly equal in size as practicable. The divisions must be
numbered consecutively and constitute election precincts for the district.
2. When or after the boundaries of a district are established, the
board of county commissioners may provide for the election of three or
five directors at large, without precincts.
3. If precincts are created, each director must be a resident of
the election precinct for which he is elected and must be elected at
large by the district.
[4:121:1937; A 1947, 455; 1943 NCL § 1929.04]—(NRS A 1977, 7; 1993,
521; 1995, 989)
1. 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.
2. The notice must:
(a) Designate a name for the proposed district.
(b) Describe the boundaries of the precincts established therein,
when 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 previous to the
election in a newspaper published or circulated within the boundaries of
the proposed district and published within the county in which the
petition for the organization of the district was presented.
(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)
1. Every qualified elector within the district may vote either in
person or by proxy at any election held by the district.
2. No person may vote by proxy unless his proxy to cast his vote
is evidenced by an instrument in writing duly acknowledged before a
notary public and filed with the board of election.
[Part 5:121:1937; 1931 NCL § 1929.05]—(NRS A 1977, 7)
1. The election having been held, the board of county
commissioners shall, on the first Monday succeeding such election, if
then in session, or at its next succeeding general or special session,
proceed to canvass the votes cast thereat.
2. If upon such canvass it appears that a majority of all votes
cast in the district (and in each portion of the counties included in the
district in case lands in more than one county are included therein) are
in favor of the formation of the district, the board shall, by an order
entered in its minutes, declare:
(a) Such territory duly organized as a county fire protection
district under the name theretofore designated; and
(b) The persons receiving, respectively, the highest number of
votes for the directors to be duly elected to such offices.
[Part 6:121:1937; 1931 NCL § 1929.06]
1. The board shall then cause a copy of such order, duly certified
by the clerk of the board of county commissioners, to be immediately
filed for record in the office of the county recorder of any county in
which any portion of the lands embraced in such district are situated,
and must also immediately forward a copy thereof to the clerk of the
board of county commissioners of each of such counties.
2. No board of county commissioners of the county shall, after the
date of the organization of the district, allow another fire protection
district to be formed, including any portion of such lands, without the
consent of the owners thereof.
3. From and after such filing, the organization of the district
shall be complete.
[Part 6:121:1937; 1931 NCL § 1929.06]
Board of Directors
1. The directors elected at the election organizing the district
shall immediately enter upon their duties. At the first meeting, the
first board of directors shall so classify themselves by lot that a
minority of their number go out of office on the first Monday in January
following the next succeeding biennial election, and the remainder of
their number on the first Monday in January following the second
succeeding biennial election.
2. Thereafter, directors shall hold their offices for terms of 4
years from and after the first Monday in January following their election
and until their successors are elected and qualified.
3. The office of director is a nonpartisan office.
[Part 7:121:1937; A 1951, 144]—(NRS A 1963, 515; 1983, 848; 1993,
522)
1. Except as otherwise provided in subsection 2:
(a) At the next general election and in conjunction therewith after
the organization of any district, and in conjunction with every general
election thereafter, an election, to be known as the biennial election of
the district, must be held.
(b) The general election laws of this state govern the nomination
and election of the members of the board of directors. The election must
be conducted under the supervision of the county clerk or registrar of
voters. The returns of the election must be certified to and canvassed as
provided by the general law concerning elections. The candidate or
candidates, according to the number of directors to be elected, receiving
the most votes, are elected. Any new member of the board must qualify in
the same manner as members of the first board qualify.
2. If at 5 p.m. on the last day for filing a declaration of
candidacy or an acceptance of candidacy for the office of director, there
is only one candidate nominated for the office, that candidate must be
declared elected and no election may be held for that office.
[Part 7:121:1937; A 1951, 144]—(NRS A 1963, 516; 1983, 849; 1993,
301)
1. 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 successor is elected and qualified.
2. 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)
The directors shall
organize as a board, elect a president from their number and appoint a
secretary, who shall each hold office during the pleasure of the board.
[Part 7:121:1937; A 1951, 144]
1. 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 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.
2. 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)
The board of directors
shall:
1. Manage and conduct the business and affairs of the district.
2. Make 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 such substances, materials or devices that is
required by the Federal Government and has been adopted by a board of
county commissioners.
3. Organize, regulate, establish and disband fire companies,
departments or volunteer fire departments for the district.
4. Make and execute in the name of the district all necessary
contracts.
5. Adopt a seal for the district to be used in the attestation of
proper documents.
6. Provide for the payment from the proper fund of all the debts
and just claims against the district.
7. Employ agents and employees for the district sufficient to
maintain and operate the property acquired for the purposes of the
district.
8. Acquire real or personal property necessary for the purposes of
the district and dispose of that property when no longer needed.
9. Construct any necessary structures.
10. 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.
11. Eliminate and remove fire hazards within the district wherever
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.
12. 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)
The board of directors has
the powers and duties with respect to medium-term obligations provided in
chapter 350 of NRS.
[8.1:121:1937; added 1955, 32]—(NRS A 1965, 749; 1973, 18; 1995,
1827)
The board of directors may
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 these vehicles.
[8.5:121:1937; added 1955, 431]
Finance and Taxation
1. Subject to the provisions of subsection 2, the board of
directors of each county fire protection district shall prepare annual
budgets in accordance with NRS 354.470
to 354.626 , inclusive.
2. The amount of money to be raised for the purpose of
establishing, equipping and maintaining the district with fire-fighting
facilities shall not in any 1 year exceed 1 percent of the assessable
property within the district.
3. In determining the tax to be levied to raise the amount of
money required by such budget within such limitation, the board of county
commissioners shall prorate 80 percent of the amount of the tax upon the
assessed value of improvements and personal property upon each parcel of
land and 20 percent upon the assessed value of each parcel of land, if
upon the formation of the district a provision for such procedure was
included in the notice to create the district approved by the property
owners, or if a petition requesting such procedure, signed by not less
than a majority of the property owners within the district, is presented
to the board prior to January 20.
[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 1965, 310, 749; 1969,
892)
1. At the time of making the levy of county taxes for that year,
the boards of county commissioners shall levy the tax certified 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.
2. When levied, the tax must be entered upon the assessment rolls
and collected in the same manner as state and county taxes.
3. 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, to
the credit of the current expense fund of the district, and may be used
only for the purpose for which it was raised.
[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)
All accounts,
bills and demands against the district must be audited, allowed and paid
by the board of directors by warrants drawn on the county treasurer or
the treasurer of the district. The county treasurer or, if authorized by
the board of county commissioners and the board of directors, the
treasurer of the district shall pay them in the order in which they are
presented.
[Part 10:121:1937; 1931 NCL § 1929.10]—(NRS A 2001, 361 )
Bonds
1. 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.
2. 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 )
1. 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 such district annually shall determine the tax
necessary for the payment of interest and principal of such bonds.
2. The amount of the tax shall be certified to the boards of
county commissioners of the counties in which any portion of the district
is located, and such 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.
3. When levied, the tax shall be entered on the assessment rolls
and collected in the same manner as state and county taxes.
4. When the tax is collected it shall 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 shall be made according to the terms of the bonds.
[5:182:1945; 1943 NCL § 1929.134]
The faith of the
State of Nevada is pledged that this section and NRS 474.220 and 474.300
shall not be repealed nor the taxation thereby imposed be omitted until
all the bonds and coupons issued thereunder and by virtue thereof shall
have been paid in full as specified in this section and NRS 474.220
and 474.300 .
[6:182:1945; 1943 NCL § 1929.135]
Title to Property
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]
Annexation
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)
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)
1. The notice shall:
(a) State the filing of the petition and the names of the
petitioners.
(b) Describe the lands mentioned in the petition and in the prayer
of the petition.
(c) Notify all persons interested in or who may be affected by such
change of the boundaries of the district to appear at the offices of the
board, at a time named in the notice, and show cause in writing, if any
they have, why the proposed change in boundaries should not be made.
2. The time specified in the notice at which they shall be
required to show cause shall be the regular meeting of the board next
after the expiration of time for the publication of the notice.
(Added to NRS by 1967, 1612)
The petitioners shall advance to the board sufficient money to pay the
estimated costs of all proceedings.
(Added to NRS by 1967, 1612)
1. At the time and place mentioned in the notice, or at such other
time or times to which the hearing of the petition may be adjourned, the
board of directors shall proceed to hear the petition and all objections
thereto presented in writing by any interested persons, who shall be
holders of title or evidence of title to lands within the district or
within the territory proposed to be annexed.
2. At the hearing, the board of directors shall hear and determine
all objections and shall exclude all lands within the territory proposed
to be annexed which will not be benefited by inclusion in the district.
(Added to NRS by 1967, 1612)
The board of directors to whom such petition is presented
may require, as a condition precedent to the granting of the same, that
the petitioners shall severally pay to the district such respective sums
as nearly as the same can be estimated (the several amounts to be
determined by the board), as such petitioners or their grantors would
have been required to pay the district as taxes had such lands been
included in the district at the time the same was originally formed.
(Added to NRS by 1967, 1613)
1. If the board of directors deems it in the best interest of the
district that the boundaries of the district be changed as proposed or as
altered by the exclusion of lands not benefited, the board shall submit
the question of the change in boundaries at the next primary or general
election to be held in the district, and at the primary or general
election to be held at the same time within the territory to be annexed.
2. Notice of the elections must be given in the same manner as
that prescribed for annual elections of directors. The notice of election
must describe the proposed change of the boundaries in such manner and
terms that it can readily be traced.
3. The ballots cast at the election must contain the words “For
change of boundary,” or “Against change of boundary,” or words equivalent
thereto.
4. The qualifications for voters must be the same as for other
elections in the district, and votes by proxy must be allowed as in such
other elections.
(Added to NRS by 1967, 1613; A 1993, 1080)
1. The returns of the votes cast in the outside territory proposed
to be annexed and in the district shall be canvassed separately, and the
board of directors shall cause a record of the canvass to be made and
entered in its minutes.
2. If it appears from such canvass that a majority of the votes
cast in the district and in the territory proposed to be annexed are in
favor of the change in boundary, the board shall so find. Upon the filing
of a certified copy of such findings, under seal of the district, in the
office of the county recorder, the territory shall be a part of the
district.
(Added to NRS by 1967, 1613)
Dissolution
Any county fire protection
district may be dissolved by the board of county commissioners which
formed it as provided in NRS 474.420 ,
474.430 and 474.440 .
[Part 11:121:1937; 1931 NCL § 1929.11]
Upon receiving a petition signed by 25 percent of the owners of land
within the district, requesting the dissolution thereof, the board of
county commissioners shall, by resolution, submit the question of whether
the district shall be dissolved at the next primary or general election.
[Part 11:121:1937; 1931 NCL § 1929.11]—(NRS A 1993, 1080)
1. If it appears that a majority of the owners of land voting at
the election have voted in favor of dissolution, the board of directors
of the district shall:
(a) Cause such facts to be entered upon its minutes.
(b) Forward a copy of such entry to the board of county
commissioners of the county in which the district is situated.
(c) Record a copy of such entry with the county recorder.
2. On and after filing and recording, the district shall be deemed
dissolved.
[Part 11:121:1937; 1931 NCL § 1929.11]
If at the time of the dissolution of the
district there shall be any outstanding or bonded indebtedness of the
district, then taxes for the payment of such bonds or other indebtedness
shall be levied and collected the same as if the district had not been
dissolved and disincorporated, but for all other purposes the district
shall be deemed dissolved from the time of the filing of the copy of the
entry with the clerk of the board of county commissioners and the
recording of the copy of such entry with the county recorder.
[Part 11:121:1937; 1931 NCL § 1929.11]
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
1. All territory in each county not included in any other fire
protection district, except incorporated areas, may be organized by
ordinance by the board of county commissioners of the county in which
such 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 such territory may be included in another fire
protection district formed in accordance with the provisions of chapter
473 of NRS, or NRS 474.010 to 474.450 ,
inclusive.
2. Each such district shall:
(a) Be a body corporate and politic;
(b) Be a political subdivision of the state; and
(c) Have perpetual existence unless dissolved as provided in this
chapter.
3. Each such district may:
(a) Have and use a corporate seal;
(b) Sue and be sued, and be a party to suits, actions and
proceedings;
(c) Arbitrate claims; and
(d) Contract and be contracted with.
4. The board of county commissioners of the county organizing each
such district shall ex officio be the governing body of each such
district. The governing body shall be known as the board of fire
commissioners.
5. The chairman of the board of county commissioners shall ex
officio be chairman of each such district.
6. The county clerk shall ex officio be clerk of each such
district.
7. The county treasurer shall ex officio be treasurer of each such
district.
(Added to NRS by 1963, 324; A 1967, 964; 1975, 1635)
The board of
fire commissioners shall:
1. Manage and conduct the business and affairs of districts
organized pursuant to the provisions of NRS 474.460 .
2. Promulgate and enforce all regulations necessary for the
administration and government of the districts and for the furnishing of
fire protection.
3. Organize, regulate, establish and disband fire companies,
departments or volunteer fire departments for the districts.
4. Provide for the payment of salaries to the personnel of such
fire companies or fire departments.
5. Provide for payment from the proper fund of all the debts and
just claims against the districts.
6. Employ agents and employees for the districts sufficient to
maintain and operate the property acquired for the purposes of the
districts.
7. Acquire real or personal property necessary for the purposes of
the districts and dispose of the same when no longer needed.
8. Construct any necessary structures.
9. Acquire, hold and possess, either by donation or purchase, any
land or other property necessary for the purpose of the districts.
10. Eliminate and remove fire hazards from the districts wherever
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.
11. 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)
1. 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 , 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.
2. Through inspection and recommendation, the State Forester
Firewarden shall standardize the 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)
The board of fire
commissioners shall cooperate with other agencies as provided in NRS
472.040 to 472.090 , inclusive, to prevent and suppress fires in
wild lands, and may contribute suitable amounts of money from the sums
raised as provided in NRS 474.510 for
such purpose to cooperating agencies, or may receive contributions from
other agencies to be spent for such purpose.
(Added to NRS by 1963, 325; A 1975, 1636)
1. The board of fire commissioners 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
territory of the county described by NRS 474.460 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 with the State Forester Firewarden for the
standardization of equipment and facilities.
2. 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 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)
1. The board of fire commissioners shall prepare a budget for each
district organized in accordance with NRS 474.460 , estimating the amount of money which will be
needed to defray the expenses of the district and to meet unforeseen fire
emergencies, and to determine 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.
2. 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 1, 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.
3. 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 2 and any net proceeds of minerals
derived from within the boundaries of the district.
4. 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.
5. For the purposes of NRS 474.460 to 474.550 ,
inclusive, the county treasurer 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 fire emergency fund. The sums
collected to defray the expenses of any district organized pursuant to
NRS 474.460 must be deposited in the
district fire protection operating fund, and the sums collected to meet
unforeseen emergencies must be deposited in the district fire emergency
fund. The district fire emergency fund must be used solely for
emergencies and must not be used for regular operating expenses. The
money deposited in the district fire emergency fund must not exceed the
sum of $1,000,000. Any interest earned on the money in the district fire
emergency fund that causes the balance in that fund to exceed $1,000,000
must be credited to the district fire protection operating fund.
(Added to NRS by 1963, 325; A 1967, 965; 1975, 1637; 1989, 49;
1999, 203 ; 2001, 362 ; 2005, 526 )
Any district
organized pursuant to NRS 474.460 ,
acting by and through the board of fire commissioners, by resolution may
at any time or from time to time acquire:
1. A system of waterworks, hydrants and supplies of water.
2. Telegraphic signals for fire and telephone, telegraph, radio
and television service.
3. Fire engines and other vehicles.
4. Hooks, ladders, chutes, buckets, gauges, meters, hoses, pumps,
fire extinguishers, fans and artificial lights.
5. Respirators, rescue equipment, medical supplies and equipment,
other apparatus for fire fighting and protection from fire, and other
appurtenances.
6. Fixtures, structures, stations, other buildings and sites
therefor.
7. Land, interests in land, and improvements thereon for
firebreaks and other protection from fire.
8. Appurtenances and incidentals necessary, useful or desirable
for any such facilities, including all types of property therefor.
9. Any combination of the properties provided in this section.
(Added to NRS by 1967, 966; A 1975, 1637; 1985, 1703)
For the purpose of defraying the cost of the acquisition of
any properties authorized by NRS 474.511 , the board of fire commissioners, on the
behalf and in the name of any district organized pursuant to NRS 474.460
, may, by resolution, at any time or
from time to time, borrow money, otherwise become obligated, and evidence
or reevidence such obligations by the issuance of bonds and other
municipal securities payable from general (ad valorem) taxes and
constituting general obligations of the district, as provided in the
Local Government Securities Law, subject to the limitations therein and
in NRS 474.514 .
(Added to NRS by 1967, 966; A 1975, 1638; 1981, 964)
No indebtedness, as defined in
NRS 350.586 , including outstanding
indebtedness, shall be incurred by any district organized pursuant to NRS
474.460 in an aggregate principal
amount exceeding 5 percent of the total last assessed valuation of
taxable property (excluding motor vehicles and cattle) situated within
the district.
(Added to NRS by 1967, 967; A 1969, 613)
1. An annual general (ad valorem) tax must be levied upon all
property, both real and personal, subject to taxation within the district
and collected by the district sufficient to pay the interest on and the
principal of the general obligation securities of the district as the
same become due.
2. The proceeds of the taxes are specially appropriated to the
payment of principal and interest.
3. Such appropriation must not be repealed nor the taxes postponed
or diminished until the principal and interest have been wholly paid.
4. The payment of securities, the levy of taxes, and the
appropriation of the proceeds thereof must be in the manner delineated in
NRS 350.592 to 350.602 , inclusive, and other provisions of the Local
Government Securities Law supplemental thereto.
(Added to NRS by 1967, 967; A 1969, 613; 1983, 1198)
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)
1. Where 25 percent of the property owners in a fire protection
district or a designated portion of a fire protection district organized
as provided in chapter 473 of NRS petition
the State Forester Firewarden to dissolve the district or to exclude the
designated portion thereof and to place the territory of the district or
designated portion thereof within the provisions of NRS 474.460 to 474.540 ,
inclusive, the State Forester Firewarden shall determine whether the
petition is feasible and shall notify the board of directors of the
district of his decision.
2. Upon receipt of a notice in writing from the State Forester
Firewarden, stating that the petition is approved, the district board of
directors shall prepare a resolution describing the territory of the
district or designated portion thereof, dissolving the district or
excluding the designated portion therefrom and stating the reasons
therefor.
3. Upon adoption of the resolution the board of directors shall
forthwith notify the State Forester Firewarden of the resolution, and the
district must be dissolved or the designated portion excluded forthwith
and is subject to the provisions of NRS 474.460 to 474.540 ,
inclusive.
4. The State Forester Firewarden shall promulgate regulations for
forest, watershed and brush fire control in the territory of the
dissolved district or excluded portion to meet the terms and requirements
for federal aid as defined in NRS 473.010 , and shall continue to administer this
function, directly or indirectly, as he may consider in the best interest
of the State.
5. The property and facilities of the dissolved district or
excluded portion become the property of the county in which the territory
lies in a manner determined by the State Forester Firewarden to comply
with state and federal laws and regulations.
6. The provisions of NRS 474.440
apply to any outstanding or bonded indebtedness of the district at the
time of its dissolution or the exclusion of territory.
(Added to NRS by 1963, 326; A 1985, 299)
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 he is appointed, and serves until his
successor is elected and qualified.
(Added to NRS by 1993, 521; A 1995, 989)
The activities of each district
organized in accordance with NRS 474.460 shall be separate and apart from county
activities and any other political subdivision in this state.
(Added to NRS by 1963, 326; A 1967, 966; 1975, 1638)
MISCELLANEOUS PROVISIONS
Except as otherwise
provided in 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 which threatens human life
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 or
district agency incurring the expenses in the same manner as an
obligation under a contract, express or implied.
(Added to NRS by 1975, 1638; A 1983, 808; 1993, 1204)
1. A fire protection district organized pursuant to this chapter
may reorganize as a district created wholly or in part for the purpose of
furnishing fire protection facilities pursuant to chapter 318 of NRS.
2. Such 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.
3. If the board of county commissioners determines, after notice
and hearing, that such 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.
4. All debts, obligations, liabilities and assets of the former
district shall be assumed or taken over by the reorganized district.
(Added to NRS by 1977, 540)
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)
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 in the manner
permitted by NRS 474.160 or 474.470
, whichever applies, 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
or the board of fire commissioners of the district, as the case may be.
(Added to NRS by 1991, 381)
