USA Statutes : nevada
Title : Title 42 - PROTECTION FROM FIRE; EXPLOSIVES
Chapter : CHAPTER 475 - CRIMES AND RESPONSIBILITIES CONCERNING FIRES
Every person who willfully or negligently sets or fails
to guard carefully or extinguish any fire, whether on his own land or the
land of another, whereby the timber or property of another is endangered
is guilty of a misdemeanor.
[1911 C&P § 314; RL § 6579; NCL § 10262]—(NRS A 1971, 1458; 1979,
1480)
Every person who, upon departing from camp or from any
fire started by him in the open, willfully or negligently leaves the fire
or fires burning or unexhausted, or fails to extinguish them thoroughly,
is guilty of a misdemeanor.
[1911 C&P § 367; RL § 6632; NCL § 10317]—(NRS A 1971, 1458; 1979,
1480)
1. It is unlawful for any person willfully or negligently:
(a) To throw or place any lighted cigarette, cigar, ashes, match or
other material which may cause a fire in any place where such lighted
cigarette, cigar, match, ashes or other material may start a fire.
(b) To throw or otherwise discard from a moving vehicle any lighted
cigarette, cigar, ash or other material which may cause a fire.
2. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
[1:134:1929; A 1947, 458; 1943 NCL § 10558]—(NRS A 1967, 589; 1971,
1458; 1979, 1480)
Every person
who, with gross negligence, lights a fire for any purpose along the road
through any woodland, or upon the same, or at any other place in the
open, and thereby, or by any other means, sets fire to any growing timber
or forest, shrubbery, crops, grass or vegetation, and thereby causes the
destruction of any timber, forest, crops, grass, vegetation or property
not his own, is guilty of a public offense, as prescribed in NRS 193.155
, proportionate to the value of the loss
resulting therefrom, in addition to being liable to the owner of such
property for the full value thereof in a civil action.
[1911 C&P § 368; RL § 6633; NCL § 10318]—(NRS A 1967, 589; 1979,
329)
Every person who lights a pipe, cigar or cigarette in,
or who enters with a lighted pipe, cigar or cigarette, any mill or other
building on which is posted in a conspicuous place over and near each
principal entrance a notice in plain, legible characters stating that no
smoking is allowed in such building is guilty of a misdemeanor.
[1911 C&P § 313; RL § 6578; NCL § 10261]—(NRS A 1971, 1459; 1979,
1480)
1. Every person, firm, corporation or association which uses or
permits to be used any internal combustion engine which is operated on
hydrocarbon fuels on any grass, brush or forest-covered land without
providing, and maintaining in effective order, a spark arrestor attached
to the exhaust system is guilty of a misdemeanor.
2. For the purposes of this section, a spark arrestor is a device
constructed of nonflammable material specifically for the purpose of
removing or retaining carbon and other flammable materials over 0.023
inch in size from the exhaust flow of an internal combustion engine that
is operated on hydrocarbon fuels.
3. Motortrucks, truck tractors, buses and passenger vehicles,
except motorcycles, are not subject to the provisions of this section if
the exhaust system is equipped with an adequate and properly maintained
muffler in constant operation.
[1911 C&P § 315; RL § 6580; NCL § 10263]—(NRS A 1967, 750; 1971,
1459; 1979, 1480)
1. Every person who, at any fire:
(a) Disobeys the lawful order of any peace officer or firefighter,
or a member of a search and rescue organization who is under the
direction of the sheriff;
(b) Resists or interferes with any lawful effort to extinguish the
fire; or
(c) Engages in any conduct likely to interfere with the
extinguishment of the fire,
Ê is guilty of a misdemeanor.
2. Every person who, at the scene of an emergency, other than a
fire, disobeys any of the lawful orders of a peace officer or
firefighter, or a member of a search and rescue organization who is under
the direction of the sheriff, or resists or interferes with the lawful
efforts of any firefighters or company of firefighters, or members of a
search and rescue organization who are under the direction of the
sheriff, to control or handle the emergency, or conducts himself in a
disorderly manner likely to interfere with the control or handling
thereof, or who forbids, prevents or dissuades others from assisting to
control or handle the emergency, is guilty of a misdemeanor.
[1911 C&P § 312; RL § 6577; NCL § 10260]—(NRS A 1971, 1459; 1979,
1481; 1987, 990; 2005, 337 )
1. A person who, with intent to prevent or obstruct the response
to an emergency, damages, removes or hinders the operation of any
vehicle, apparatus, equipment or animal being used or which may be used
in an emergency by a member of a search and rescue organization, is
guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the loss
resulting therefrom, but in no event less than a misdemeanor.
2. As used in this section, “vehicle” means any device in, upon,
or by which any person or property is or may be transported.
(Added to NRS by 1987, 989)
Every person who, with intent to prevent or obstruct the extinguishment
of any fire, cuts, damages or removes any bell rope, wire or other
apparatus for communicating an alarm of fire, or cuts, injures or
destroys any engine, hose or other fire apparatus, or otherwise prevents
or obstructs the extinguishment of any fire, is guilty of a public
offense, as prescribed in NRS 193.155 ,
proportionate to the value of the loss resulting therefrom and in no
event less than a misdemeanor.
[1911 C&P § 311; RL § 6576; NCL § 10259]—(NRS A 1967, 589; 1971,
1459; 1979, 1481)
Every person who willfully and
maliciously removes, damages or destroys any engine, hose, hose cart,
truck, ladder, extinguisher or other apparatus used by any fire company
or fire department is guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1971, 1460;
1979, 1481)
1. 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.
2. 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.
3. 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 )
A person who steals a device intended
for use in preventing, controlling, extinguishing or giving warning of a
fire:
1. If the device has a value of less than $250, is guilty of a
gross misdemeanor.
2. If the device has a value of $250 or more, is guilty of grand
larceny and shall be punished as provided in NRS 205.222 .
(Added to NRS by 1985, 751; A 1989, 1441; 1995, 1296; 1997, 347)
1. All sheriffs, their deputies, firewardens or other peace
officers or any national forest officer may call upon able-bodied male
persons within the State of Nevada who are between the ages of 16 years
and 50 years for assistance in extinguishing fires in timber or in brush.
2. Persons who refuse to obey the summons or who refuse to assist
in fighting fire for the period stated in subsection 3, unless they
present sufficient reasons, are guilty of a misdemeanor.
3. No male person may be required to fight fires a total of more
than 5 days during any 1 year.
4. The board of county commissioners may fix the amount of
compensation to be paid to male persons drafted to fight fires as
provided in this section, and the sums so fixed must be allowed and paid
as other claims against the county are paid.
5. For the purpose of obtaining the benefits of the Nevada
Industrial Insurance Act, male persons drafted to fight fires must be
considered employees of the county demanding their services, and they are
entitled to receive for disability incurred by reason thereof the
benefits under the Nevada Industrial Insurance Act. The county shall
report and pay premiums to a private carrier authorized to provide
industrial insurance in this state for persons so engaged.
[1:45:1927; NCL § 1982] + [Part 2:45:1927; NCL § 1983]—(NRS A 1967,
590; 1981, 1528; 1995, 2046; 1999, 1826 )
1. Any person, corporation, partnership, association or other
entity who is an employer or is vested with the power to discharge or
recommend the discharge of a person who serves as a volunteer firefighter
shall not deprive the person performing such service of his employment as
a consequence of his action.
2. A person discharged in violation of subsection 1 may commence a
civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits;
(c) Damages equal to the amount of lost wages and benefits; and
(d) Reasonable attorney’s fees fixed by the court.
3. Any applicant for employment who is, and any employee who
becomes, a volunteer firefighter must disclose that fact to his
prospective or present employer, as the case may be.
(Added to NRS by 1983, 919; A 2005, 337 )
Each fire department:
1. May investigate the cause, origin and circumstances of each
fire which occurs within its jurisdiction and which results in the
destruction of or damage to property, loss of life, or injury to any
person.
2. Shall investigate any report received pursuant to NRS 629.045
to determine the origin of the fire
which caused the injury.
(Added to NRS by 1979, 171; A 1991, 1897)
1. Whenever the Governor finds that conditions of extreme fire
hazard exist, either in or out of the fire hazard season, he may by
proclamation close or partially close such land or areas as he may find
to be in such condition of extreme hazard to the general public and
prohibit or limit burning and other acts thereon to such degree and in
such ways as he deems necessary to reduce the danger of forest and other
wild land fires.
2. The Governor shall declare the end of any such emergency only
upon a finding that the conditions of extreme fire hazard no longer exist.
(Added to NRS by 1965, 306)
1. Any county, municipality, public institution, agency,
corporation, person or persons, or other entity maintaining or operating
a dump shall provide such devices and conditions therefor as will
reasonably promote the safe operation thereof and guard against the
escape of fire therefrom.
2. The State Forester Firewarden shall have power to make rules
and regulations for the implementation of this section.
(Added to NRS by 1965, 306)
1. Any fire department which engages in fighting a fire on
property owned by the State within the jurisdictional limits of the fire
department may submit a claim to the State Board of Examiners to recover
any direct expenses and losses incurred as a result of fighting that fire.
2. The claim must include:
(a) The name, address and jurisdictional limits of the fire
department;
(b) The name, address and telephone number of the person making the
claim on behalf of the fire department;
(c) The name and address, if known, of the state agency having
jurisdiction over the property on which the fire occurred;
(d) The exact location of the fire;
(e) A description of the property burned;
(f ) The number and classification of the personnel and the number
and type of equipment used to fight the fire;
(g) A copy of the fire report; and
(h) An itemized list of direct expenses and losses incurred while
fighting the fire, including the purchase cost, estimated cost of repairs
and a statement of depreciated value immediately preceding and after the
damage to or destruction of any equipment and the extent of any insurance
coverage.
3. As used in this section, “direct expenses and losses” means
certain expenses and losses which were incurred while fighting a fire on
property owned by the State. The term is limited to:
(a) The depreciated value, if any, of any equipment or vehicle
which was damaged or destroyed; and
(b) If the employer maintains a plan which supplements coverage for
workers’ compensation provided pursuant to chapters 616A to 616D , inclusive,
or chapter 617 of NRS by a private carrier
and, if the benefits are provided from public money and not by an
insurer, any injury or death benefits which would have been paid by the
employer from public money.
(Added to NRS by 1979, 1165; A 1981, 1528; 1995, 2047; 1999, 236
, 1826 ; 2001, 1082 )
1. The State Board of Examiners may submit a copy of the claim to
the State Fire Marshal for review. The State Fire Marshal shall make his
recommendations to the State Board of Examiners who shall make a final
determination of the disposition of the claim.
2. All claims approved by the State Board of Examiners must be
paid as other claims against the State are paid.
(Added to NRS by 1979, 1166)
