[Rev. 3/27/2008 6:14:59 PM]
CHAPTER 477 - STATE FIRE MARSHAL
GENERAL PROVISIONS
477.010 Definitions.
477.020 “Alarm service” defined.
477.025 “Alarm signal” defined.
477.030 “Alter” and “alteration” defined.
477.035 “Annunciator” defined.
477.040 “Antifreeze system” defined.
477.045 “Approved” defined.
477.050 “Assembly” defined.
477.052 “Authority having jurisdiction” defined.
477.055 “Building” defined.
477.060 “Building official” defined.
477.065 “Certificate” and “certificate of registration” defined.
477.070 “Chief” defined.
477.075 “Chief of police” defined.
477.077 “Child care facility” defined.
477.080 “Combination paging alarm system” defined.
477.085 “Custodial care facility” defined.
477.090 “Dry system” defined.
477.095 “Dwelling” defined.
477.100 “Dwelling unit” defined.
477.103 “Fire extinguisher” defined.
477.104 “Fire system” defined.
477.105 “Fixed hood system” defined.
477.110 “Governing body” defined.
477.115 “Heating or cooking appliance” defined.
477.125 “Hydrostatic testing” defined.
477.130 “I.C.C. container” defined.
477.135 “Inspection” defined.
477.137 “Installer of medical gas systems” defined.
477.138 “International Building Code” defined.
477.139 “International Fire Code” defined.
477.140 “Jurisdiction” defined.
477.146 “License” defined.
477.150 “Maintenance” defined.
477.155 “N.F.P.A.” defined.
477.165 “Owner” defined.
477.170 “Pipe” defined.
477.172 “Portable building” defined.
477.175 “Portable fire extinguisher” defined.
477.180 “Pre-engineered system” defined.
477.185 “Protective signaling system” defined.
477.190 “Protective systems, equipment or apparatus” defined.
477.195 “Recharging” defined.
477.200 “Registrant” defined.
477.205 “Restrained care facility” defined.
477.210 “Service” and “servicing” defined.
477.215 “Smoking” defined.
477.220 “Sprinkler system” defined.
477.222 “Standpipe system” defined.
477.225 “Supervisory service” defined.
477.230 “Supervisory signal” defined.
477.235 “System” defined.
477.240 “Trouble signal” defined.
477.245 “U.L.” defined.
477.260 “Uniform Mechanical Code” defined.
477.265 “Uniform Plumbing Code” defined.
477.270 “Wet system” defined.
477.275 Compliance with intent of chapter.
477.280 Adoption and effect of local requirements; enforcement of model codes.
477.281 Codes adopted by reference.
477.283 Changes to codes adopted by reference: International Fire Code; International Building Code.
477.285 Requests for clarification of or relief from regulations.
477.287 Variance from requirements.
477.288 Interlocal agreements: Review by State Fire Marshal.
477.290 Severability.
LICENSES AND CERTIFICATES OF REGISTRATION
General Provisions
477.300 Application; requirements; effect; branch offices; designer of fire sprinkler and alarm systems.
477.305 Separate licenses; replacement if license or certificate lost or destroyed.
477.310 Expiration and renewal; change of information; initial fees; late charges.
Examinations
477.311 Written examinations; consideration of other qualifications.
477.312 Basis of examinations.
477.3125 Examination for installer of medical gas systems.
477.313 Scheduling; failure; testing for higher classification.
Certification
477.314 General requirements for courses, applications, instructors and fees.
477.3142 Approval of proposed courses: Application; evaluation; charges for evaluation; addition to list of courses.
477.3144 Qualifications of instructors; written evaluations; revocation of accreditation.
477.3146 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee.
477.3148 Training given by training officer of fire department.
Disciplinary Action
477.315 Authority; grounds.
477.320 Investigation; hearing.
Permit to Store Hazardous Material
477.323 Permit required; issuance, expiration, renewal, suspension, reinstatement and revocation of permit; fees; criminal investigation; plan for termination.
Miscellaneous Provisions
477.325 Fees; exemptions; effect of certificate; refunds.
477.330 Maintenance and availability of records; change of location; agreements for services relating to hydrostatic testing.
INTERIOR DESIGN
477.333 Issuance of certificate and license.
477.3332 Approval of proposed courses: Application; evaluation; fees and costs; addition to list of approved courses.
477.3334 Qualifications of instructors; written evaluations; revocation of approval.
477.3336 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee.
477.3338 Determination of compliance with codes; fee.
FIRE SYSTEMS
General Provisions
477.335 Inspections.
Regulation of Persons Engaged in Business Related to Fire Systems
477.340 Scope; applicability; exception.
477.345 Licenses: Requirements; classifications; application.
477.346 Installation, maintenance and service of certain fire systems: Supervision; requirements.
477.3465 Sale, installation, repair, restoration or testing for maintenance of heat detectors: Requirements.
477.348 Installation, repair, restoration or testing for maintenance of fire systems: Requirements.
477.349 Notification of discontinuance of service.
477.350 Approval of equipment; compliance with standards; smoke detectors.
477.365 Fire alarm systems: Evidence of capability to provide service; agreement for maintenance; notification of discontinuance of service; plans and specifications; level of sound.
477.370 Tags for recording maintenance.
PORTABLE FIRE EXTINGUISHERS AND FIXED FIRE EXTINGUISHING SYSTEMS
General Provisions
477.380 Applicability.
Regulation of Persons Engaged in Business Related to Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
477.385 Licenses: Qualifications of licensee; classifications.
477.390 Declaration of qualification.
477.395 Licenses and certificates: Application; examination.
477.400 New employees; termination of employment; change of address.
477.405 Approval of equipment; prohibited equipment; label required.
477.407 Advertising and sales: Fire extinguishers; devices for suppressing fire.
477.410 Installation, inspection, maintenance and repair; failure to comply.
477.415 Hydrostatic testing.
477.420 Replacement of extinguishers; failure to comply.
477.422 Response to call for service.
477.425 Service tags and labels.
477.427 Allegation of failure to install internal maintenance tag.
477.430 Fixed fire extinguishing systems: Evidence of capability to provide service; written agreement for maintenance; plans and specifications.
477.435 Reports; new employees; termination of employment; change of address.
PORTABLE BUILDINGS
477.440 Compliance with statutes and regulations; approval required before construction, placement or relocation.
477.441 General requirements.
477.442 Safety requirements; approval of changes in use required; service of systems for heating, ventilating or air-conditioning.
477.444 Requirements for fire flow and proximity to fire hydrants.
477.445 Maintenance of exterior areas.
477.446 Access for vehicles.
AUTOMATIC SPRINKLER SYSTEMS
Generally
477.455 Approval of equipment; compliance with International Fire Code and certain standards.
477.460 Inspections and testing; notice of deficiencies; notice of discontinuance of service.
477.465 Evidence of capability to provide service; agreement for maintenance; plans and specifications; calculations; underground systems; letter of certification.
477.470 Service tags.
Residential Systems
477.480 Applicability.
477.483 Requirements for installation.
477.490 Plans required before installation or modification.
477.540 Inspection and testing.
INSTITUTIONAL BUILDINGS
477.550 Scope; applicability.
477.555 Identification; occupancy.
477.560 Device for detection of products of combustion.
CHILD CARE FACILITIES
477.562 General requirements.
477.563 Classification.
477.564 Single-family residential occupancy interpreted.
477.566 Devices for detection of products of combustion.
477.568 Sprinkler system for certain child care facilities used after midnight.
FIREWORKS
General Provisions
477.571 Definitions.
477.576 “Commercial display” defined.
477.587 “Flame effects assistant” defined.
477.5875 “Flame effects before an audience” defined.
477.588 “Flame effects operator” defined.
477.589 “Magician” defined.
477.591 “Pyrotechnic composition” defined.
477.594 “Show specific” defined.
477.596 “Special effect” defined.
477.601 Exemptions.
Commercial Displays
477.606 License required.
477.611 Application for license; categories, classifications and fees.
477.616 Categories of licenses; requirements for producing display.
477.618 Insurance.
Licenses and Certificates of Registration
477.620 Magicians: Certificate required; qualifications; fee; authorized acts.
477.622 Assistant pyrotechnic operators: Certificate required; qualifications; fee; authorized acts.
477.624 Pyrotechnic operators: Certificate required; qualifications; application and fee for certificate.
477.626 Pyrotechnic operators: Certification required; supervision of assistant.
477.628 Pyrotechnic operators on show specific: Certificate required; qualifications; fee.
477.630 Fire performers: Certificate required; qualifications; application and fee for certificate.
477.631 Flame effects assistant: Certificate required; qualifications; fee.
477.633 Flame effects operator: Certificate required; qualifications; fee.
477.635 Flame effects operator or flame effects assistant: Renewal of certification; fees.
477.636 Certificates: Categories; authorized acts; duration.
477.641 Renewal of license or certificate: Requirements; fees.
477.646 Disciplinary action; reports of incidents; transfer of fireworks, special effects and pyrotechnic devices.
477.651 Records; reports of disappearance; investigation.
477.661 Prohibited acts; seizure and disposal of fireworks.
Storage
477.663 General requirements.
477.666 Seizure and disposal of fireworks.
CONTAINERS FOR FLAMMABLE OR COMBUSTIBLE LIQUIDS
477.680 Sale of nonmetallic portable containers prohibited.
477.690 Letter of compliance; required label.
477.695 Color and lettering.
477.700 Spouts; vents; closures.
USE OF EXPLOSIVES IN BLASTING
477.710 Certificate required; qualifications; exemptions; renewal of certificate; fees.
477.720 Revocation or suspension of certificate.
477.730 Duties of holder of certificate.
REVIEW OF PLANS
477.740 Plans subject to review; approval required; general requirements.
477.745 Response to deficiencies.
477.750 Fees; review by local government.
TYPE 1 EXHAUST SYSTEMS
477.770 Licensing requirements for servicing and cleaning.
477.780 Cleaning contracts and reports; reports of deficiencies; cleaning requirements.
477.790 Attachment and contents of tag regarding servicing.
FIRE STANDPIPE SYSTEMS
477.810 Inspections and reports; hydrostatic tests; required tags; supervision of service required.
477.820 Agreement for maintenance and inspection; duties upon notification of use of or fault in system.
477.830 Submission of plans and specifications; corrected plans; certification of results of hydrostatic tests.
477.840 Certification of proper installation; metal placard required.
477.850 Tag for recording installation, maintenance and inspection; notice of deficiency.
477.905 National Fire Incident Reporting System: Reporting requirements.
MISCELLANEOUS REQUIREMENTS
477.910 New buildings: Constructed by or for State; owned by State; penalty for removing or disabling smoke detector.
477.915 Existing buildings owned by State: Requirements; reporting of fires; smoke detectors; penalty for violation of section.
477.917 Existing buildings and structures: Additions, alterations and repairs
477.920 Commercial buildings in rural regions.
477.925 Mattresses in correctional facilities
GENERAL PROVISIONS
NAC 477.010 Definitions. (NRS 477.030) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 477.020 to 477.270, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by St. Fire Marshal, 8-22-86, eff. 9-1-86; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.020 “Alarm service” defined. (NRS 477.030) “Alarm service” means the service required following:
1. The manual operation of a fire alarm box;
2. The transmission of an alarm indicating the operation of protective equipment or systems, the discharge of carbon dioxide or the detection of smoke or excessive heat; or
3. The transmission of an alarm from other protective systems.
[St. Fire Marshal, § 1.1104, eff. 11-27-78]
NAC 477.025 “Alarm signal” defined. (NRS 477.030) “Alarm signal” means a signal indicating an emergency requiring immediate action such as an alarm of fire from a manual box, a water flow alarm, an alarm from an automatic fire alarm system or other emergency signal.
[St. Fire Marshal, § 1.1105, eff. 11-27-78]
NAC 477.030 “Alter” and “alteration” defined. (NRS 477.030) “Alter” and “alteration” mean any change, modification or deviation in construction or occupancy.
[St. Fire Marshal, § 1.1106, eff. 11-27-78]
NAC 477.035 “Annunciator” defined. (NRS 477.030) “Annunciator” means a unit containing two or more identified targets or indicator lamps in which each target or lamp indicates the circuit, condition or location annunciated.
[St. Fire Marshal, § 1.1107, eff. 11-27-78]
NAC 477.040 “Antifreeze system” defined. (NRS 477.030) “Antifreeze system” means a sprinkler system employing automatic sprinklers attached to a piping system containing an antifreeze solution and connected to a water supply in which the antifreeze solution is followed by water from the water supply.
[St. Fire Marshal, § 1.1108, eff. 11-27-78]
NAC 477.045 “Approved” defined. (NRS 477.030) “Approved” means that the State Fire Marshal has approved a practice or piece of equipment as the result of investigation and tests conducted under his supervision or by reason of accepted principles or tests by national authorities or technical or scientific organizations recognized by the State Fire Marshal.
[St. Fire Marshal, § 1.1109, eff. 11-27-78]
NAC 477.050 “Assembly” defined. (NRS 477.030) “Assembly” means the gathering together of 100 or more persons in drinking or dining establishments or 50 or more persons in any other place for any purpose.
[St. Fire Marshal, § 1.1110, eff. 11-27-78]
NAC 477.052 “Authority having jurisdiction” defined. (NRS 477.030) “Authority having jurisdiction” means:
1. Except as otherwise provided in subsection 2 or 3, the State Fire Marshal.
2. A local government in a county whose population is 100,000 or more or which has been converted into a consolidated municipality.
3. A local government in a county whose population is less than 100,000 or which has not been converted into a consolidated municipality if the local government has entered into an interlocal agreement with the State Fire Marshal to delegate to the local government the authority or duties of the State Fire Marshal in that area.
(Added to NAC by St. Fire Marshal by R062-04, eff. 9-3-2004)
NAC 477.055 “Building” defined. (NRS 477.030) “Building” means any structure erected for the support, shelter or enclosure of persons, animals or property.
[St. Fire Marshal, § 1.1111, eff. 11-27-78]
NAC 477.060 “Building official” defined. (NRS 477.030) “Building official” means the official of the State or a political subdivision charged with the administration of a building code.
[St. Fire Marshal, § 1.1112, eff. 11-27-78]
NAC 477.065 “Certificate” and “certificate of registration” defined. (NRS 477.030) “Certificate” and “certificate of registration” means a document issued by the State Fire Marshal to a person who has passed the prescribed tests which grants conditional permission to perform the acts described on the document.
[St. Fire Marshal, § 1.1113, eff. 11-27-78]
NAC 477.070 “Chief” defined. (NRS 477.030) “Chief” means the chief officer of the fire department serving a jurisdiction or his authorized representative.
[St. Fire Marshal, § 1.1114, eff. 11-27-78]
NAC 477.075 “Chief of police” defined. (NRS 477.030) “Chief of police” means the chief law enforcement officer of a jurisdiction or his authorized representative.
[St. Fire Marshal, § 1.1115, eff. 11-27-78]
NAC 477.077 “Child care facility” defined. (NRS 477.030) “Child care facility” has the meaning ascribed to it in NRS 432A.024.
(Added to NAC by St. Fire Marshal, eff. 3-9-89)
NAC 477.080 “Combination paging alarm system” defined. (NRS 477.030) “Combination paging alarm system” means a fire alarm system designed to provide a general fire alarm and voice communication. The system may be used in whole or in part in common with another signaling system such as voice page or a musical program system if all components are of a type approved by the State Fire Marshal and the nonemergency system does not degrade the alarm and paging functions of the system.
[St. Fire Marshal, § 1.1116, eff. 11-27-78]
NAC 477.085 “Custodial care facility” defined. (NRS 477.030)
1. “Custodial care facility” means a building or a part of a building which is used for lodging or boarding six or more persons who are incapable of caring for themselves because of age or physical or mental limitations.
2. The term includes facilities such as homes for the aged, nurseries providing custodial care for children less than 6 years of age, adult group care facilities and facilities for the care of persons with mental retardation.
3. The term does not include day care facilities which do not provide lodging or boarding for institutional occupants.
[St. Fire Marshal, § 1.1117, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)
NAC 477.090 “Dry system” defined. (NRS 477.030) “Dry system” means a sprinkler system employing automatic sprinklers attached to a piping system containing air or inert gas under atmospheric or higher pressures in which loss of pressure from the opening of a sprinkler or detection of a fire condition causes the release of water into the piping systems and out through the opened sprinkler.
[St. Fire Marshal, § 1.1118, eff. 11-27-78]
NAC 477.095 “Dwelling” defined. (NRS 477.030) “Dwelling” means any structure which contains one or two dwelling units intended to be used for human occupancy.
[St. Fire Marshal, § 1.1119, eff. 11-27-78]
NAC 477.100 “Dwelling unit” defined. (NRS 477.030) “Dwelling unit” means a single unit which has provisions for living and sleeping and which may provide for cooking and sanitation.
[St. Fire Marshal, § 1.1120, eff. 11-27-78]
NAC 477.103 “Fire extinguisher” defined. (NRS 477.030) “Fire extinguisher” means a device:
1. Containing powder, liquid or gases that can be expelled under pressure to suppress or extinguish a fire;
2. Which is tested, listed or approved by the Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC, the U.S. Coast Guard or a nationally recognized laboratory approved by the State Fire Marshal; and
3. Which is capable of achieving a minimum of one unit of classification of rating during testing and listing by a nationally recognized testing laboratory.
(Added to NAC by St. Fire Marshal, 8-22-86, eff. 9-1-86; A by R062-04, 9-3-2004)
NAC 477.104 “Fire system” defined. (NRS 477.030) “Fire system” means a group of devices designed to provide protection from fire, or for the suppression or detection of fire.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.105 “Fixed hood system” defined. (NRS 477.030) “Fixed hood system” means a fixed extinguishing system which is utilized in the hood and duct system over cooking equipment.
[St. Fire Marshal, § 1.1121, eff. 11-27-78]
NAC 477.110 “Governing body” defined. (NRS 477.030) “Governing body” means:
1. If a building is within a municipality, the governing body of that municipality;
2. If a building is not within any municipality, the board of county commissioners of the county in which it is located; or
3. If a building is located within Carson City, the Board of Supervisors.
[St. Fire Marshal, § 1.1122, eff. 11-27-78]
NAC 477.115 “Heating or cooking appliance” defined. (NRS 477.030) “Heating or cooking appliance” means any electric-, gas- or oil-fired appliance not intended for central heating.
[St. Fire Marshal, § 1.1123, eff. 11-27-78]
NAC 477.125 “Hydrostatic testing” defined. (NRS 477.030) “Hydrostatic testing” means a test under pressure of the required strength of a container by hydrostatic methods.
[St. Fire Marshal, § 1.1125, eff. 11-27-78]
NAC 477.130 “I.C.C. container” defined. (NRS 477.030) “I.C.C. container” means any container approved by the United States Surface Transportation Board for shipping any liquid, gas or solid material of a flammable, toxic or other hazardous nature.
[St. Fire Marshal, § 1.1126, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)
NAC 477.135 “Inspection” defined. (NRS 477.030)
1. “Inspection” means the handling and observation of a fixed hood system, portable fire extinguisher unit, fire sprinkler system or alarm system to check for damage to the system or unit which could preclude it functioning as designed.
2. The term does not include actual maintenance.
[St. Fire Marshal, § 1.1127, eff. 11-27-78]
NAC 477.137 “Installer of medical gas systems” defined. (NRS 477.030) “Installer of medical gas systems” means a person who works for a company that is licensed by the State Fire Marshal to install medical gas distribution systems and whose work includes, without limitation, the installation, maintenance, repair, inspection and testing of a medical gas distribution system to keep the system and its components in an operative condition.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.138 “International Building Code” defined. (NRS 477.030) “International Building Code” means the code published by the International Code Council.
[St. Fire Marshal, § 1.1151, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)—(Substituted in revision for NAC 477.250)
NAC 477.139 “International Fire Code” defined. (NRS 477.030) “International Fire Code” means the code published by the International Code Council.
[St. Fire Marshal, § 1.1152, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)—(Substituted in revision for NAC 477.255)
NAC 477.140 “Jurisdiction” defined. (NRS 477.030) “Jurisdiction” means any county, city, town, district or other political subdivision in the State.
[St. Fire Marshal, § 1.1128, eff. 11-27-78]
NAC 477.146 “License” defined. (NRS 477.030) “License” means a license granted to a firm by the State Fire Marshal to perform certain tasks or work in an area regulated by the State Fire Marshal.
(Added to NAC by St. Fire Marshal, eff. 3-9-89)
NAC 477.150 “Maintenance” defined. (NRS 477.030)
1. “Maintenance” means repair service, including periodic inspections and tests, required to keep the protective signaling system and automatic sprinkler systems and their component parts in an operative condition at all times, together with replacement of the system or of their components when it becomes undependable or inoperative.
2. The term also means the disassembly of an extinguisher or extinguishing system and a complete check of all working parts and all parts which have a bearing on the performance of the extinguisher or system to ensure their integrity.
[St. Fire Marshal, § 1.1130, eff. 11-27-78]
NAC 477.155 “N.F.P.A.” defined. (NRS 477.030) “N.F.P.A.” means the National Fire Protection Association.
[St. Fire Marshal, § 1.1131, eff. 11-27-78]
NAC 477.165 “Owner” defined. (NRS 477.030) “Owner” means a person who owns property and his authorized agent or attorney, a purchaser, devisee or fiduciary and a person having a vested or contingent interest in the property.
[St. Fire Marshal, § 1.1133, eff. 11-27-78]
NAC 477.170 “Pipe” defined. (NRS 477.030) “Pipe” includes pipe and tubing.
[St. Fire Marshal, § 1.1135, eff. 11-27-78]
NAC 477.172 “Portable building” defined. (NRS 477.030) “Portable building” means a structure that is used as a classroom or for any other purpose relating to education and which is intended to be moveable, whether manufactured on the site or elsewhere or purchased for or converted to a mobile capability. The term includes a mobile, manufactured, portable or relocatable building, structure or unit, by whatever name designated.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.175 “Portable fire extinguisher” defined. (NRS 477.030) “Portable fire extinguisher” means any approved device capable of being moved from place to place which contains dry chemicals, fluids or gases for the purpose of extinguishing fires and the means for application of its contents.
[St. Fire Marshal, § 1.1136, eff. 11-27-78]
NAC 477.180 “Pre-engineered system” defined. (NRS 477.030) “Pre-engineered system” means a packaged system of components designed to be installed according to pretested limitations as listed by a nationally recognized testing laboratory or as determined by the State Fire Marshal.
[St. Fire Marshal, § 1.1137, eff. 11-27-78]
NAC 477.185 “Protective signaling system” defined. (NRS 477.030) “Protective signaling system” means electrically operated circuits, instruments and devices, together with the necessary electrical energy, designed to transmit fire alarms and supervisory and trouble signals necessary for the protection of life and property.
[St. Fire Marshal, § 1.1138, eff. 11-27-78]
NAC 477.190 “Protective systems, equipment or apparatus” defined. (NRS 477.030) “Protective systems, equipment or apparatus” means automatic sprinklers, standpipes, carbon dioxide systems and other devices used for extinguishing fires and for controlling temperatures or other conditions dangerous to life or property.
[St. Fire Marshal, § 1.1139, eff. 11-27-78]
NAC 477.195 “Recharging” defined. (NRS 477.030) “Recharging” means emptying the extinguishing agent container, refilling with the appropriate extinguishing agent, charging the container with the appropriate propellant and reasonable preventative maintenance to ensure integrity.
[St. Fire Marshal, § 1.1140, eff. 11-27-78]
NAC 477.200 “Registrant” defined. (NRS 477.030) “Registrant” means a person who has been issued a certificate of registration by the State Fire Marshal.
[St. Fire Marshal, § 1.1141, eff. 11-27-78]
NAC 477.205 “Restrained care facility” defined. (NRS 477.030) “Restrained care facility” means a building or a part of a building which is used to house persons who are under restraint or security.
[St. Fire Marshal, § 1.1142, eff. 11-27-78]
NAC 477.210 “Service” and “servicing” defined. (NRS 477.030) “Service” and “servicing” means:
1. Maintenance of portable fire extinguishers or fixed extinguishing systems in accordance with applicable adopted standards, including all charging, filling, recharging, refilling, repairing, installing, hydrostatic testing and tagging by a licensed company or a holder of a certificate of registration.
2. Servicing of protective signaling systems and automatic sprinkler systems and components in accordance with adopted standards and may include maintenance, installation, repairing, restoration, inspections and tests by a licensed company or a holder of a certificate of registration.
[St. Fire Marshal, § 1.1143, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000)
NAC 477.215 “Smoking” defined. (NRS 477.030) “Smoking” means the carrying or use of a lighted pipe, cigar, cigarette or tobacco in any form.
[St. Fire Marshal, § 1.1144, eff. 11-27-78]
NAC 477.220 “Sprinkler system” defined. (NRS 477.030) “Sprinkler system” means an integrated system of piping connected to a water supply, including a controlling valve and a device for actuating an alarm when the system operates, with sprinklers which will automatically initiate water discharge over a fire area.
[St. Fire Marshal, § 1.1145, eff. 11-27-78]
NAC 477.222 “Standpipe system” defined. (NRS 477.030) “Standpipe system” means an arrangement of piping, valves, hose connections and related equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams and spray patterns through attached hoses and nozzles, for the purposes of extinguishing a fire and protecting a building or structure, its contents and its occupants. A standpipe system may be connected to a system which supplies water, or uses pumps, tanks or other equipment necessary to provide an adequate supply of water to the hose connections. For the purposes of this chapter, a standpipe system which is used in combination with an automatic fire sprinkler system retains its characterization as a standpipe system.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.225 “Supervisory service” defined. (NRS 477.030) “Supervisory service” means the service required to assure the operating condition of automatic sprinkler systems and other systems for the protection of life and property.
[St. Fire Marshal, § 1.1146, eff. 11-27-78]
NAC 477.230 “Supervisory signal” defined. (NRS 477.030) “Supervisory signal” means a signal indicating the need of action in connection with the supervision of watchmen or of sprinkler and other extinguishing systems or equipment or with the maintenance features of other protective systems.
[St. Fire Marshal, § 1.1147, eff. 11-27-78]
NAC 477.235 “System” defined. (NRS 477.030) “System” means any assembly, electrical or mechanical, and all parts and portions connected to it.
[St. Fire Marshal, § 1.1148, eff. 11-27-78]
NAC 477.240 “Trouble signal” defined. (NRS 477.030) “Trouble signal” means a signal indicating trouble of any nature, such as a circuit break or ground, occurring in the devices or wiring associated with a protective signaling system.
[St. Fire Marshal, § 1.1149, eff. 11-27-78]
NAC 477.245 “U.L.” defined. (NRS 477.030) “U.L.” means Underwriters Laboratories Inc.
[St. Fire Marshal, § 1.1150, eff. 11-27-78]
NAC 477.260 “Uniform Mechanical Code” defined. (NRS 477.030) “Uniform Mechanical Code” means the code published by the International Association of Plumbing and Mechanical Officials.
[St. Fire Marshal, § 1.1153, eff. 11-27-78]—(NAC A by R062-04, 9-3-2004)
NAC 477.265 “Uniform Plumbing Code” defined. (NRS 477.030) “Uniform Plumbing Code” means the code published by the International Association of Plumbing and Mechanical Officials.
[St. Fire Marshal, § 1.1154, eff. 11-27-78]
NAC 477.270 “Wet system” defined. (NRS 477.030) “Wet system” means a system employing automatic sprinklers attached to a piping system containing water and connected to a water supply in which water discharges immediately from sprinklers opened by a fire.
[St. Fire Marshal, § 1.1155, eff. 11-27-78]
NAC 477.275 Compliance with intent of chapter. (NRS 477.030) Where no specific standards or requirements are specified in this chapter or contained within other applicable statutes, ordinances or bylaws, or within other codes or regulations adopted by the State Fire Marshal, compliance with the applicable standards of the N.F.P.A. or other nationally recognized fire safety standards approved by the State Fire Marshal is prima facie evidence of compliance with the intent of this chapter.
[St. Fire Marshal, § 1.102, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.280 Adoption and effect of local requirements; enforcement of model codes. (NRS 477.030)
1. Except for property owned by the State, where there is a conflict between this chapter and any code, ordinance or regulation adopted by a local authority, the more stringent requirement providing the greatest safety from fire and for life to the public applies.
2. The model codes adopted with modifications by the State Fire Marshal pursuant to this chapter are enforceable jointly with the other provisions of this chapter.
3. Nothing in this section prohibits a local government from adopting any code or ordinance that is more stringent than the provisions of this chapter.
[St. Fire Marshal, § 1.103, eff. 11-27-78]—(NAC A 1-19-84; 8-24-90; R062-04, 9-3-2004)
NAC 477.281 Codes adopted by reference. (NRS 477.030)
1. The State Fire Marshal hereby adopts by reference the following nationally recognized codes with additions and deletions as noted in NAC 477.283:
(a) International Fire Code, 2003 edition, Volume 1. A copy is available from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, or from the International Code Council at the Internet address <http://www.iccsafe.org/e/category.html>, at the price of $53 for members and $70 for nonmembers, plus $5.99 for shipping and handling.
(b) International Building Code, 2003 edition, Volumes 1 and 2. A copy is available from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, or from the International Code Council at the Internet address <http://www.iccsafe.org/e/category.html>, at the price of $65 for members, plus $5.99 for shipping and handling, and $86 for nonmembers, plus $6.99 for shipping and handling.
(c) Uniform Mechanical Code, 2003 edition. A copy is available from the International Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, California 91761-2816, or from the International Association of Plumbing and Mechanical Officials at the Internet address <http://publications.iapmo.org>, at the price of $64 for members and $89 for nonmembers, plus $8 for shipping and handling.
2. In addition to the codes adopted pursuant to subsection 1, the State Fire Marshal hereby adopts by reference codes and standards 10, 11, 13, 13D, 13R, 14, 15, 17, 17A, 20, 22, 24, 25, 30B, 50, 50B, 52, 58, 72, 86, 90A, 90B, 96, 99, 110, 111, 140, 160, 385, 407, 409, 410, 704, 1123, 1126, 1403 and 2001 of the National Fire Codes to supplement other codes adopted in this chapter. A copy of the National Fire Codes is available from the N.F.P.A., 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, at the price of $1,120.
3. Where no specific codes or standards are specified in the International Fire Code, the applicable standards of the N.F.P.A. may be used.
[St. Fire Marshal, §§ 8.101 & 8.102, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.283 Changes to codes adopted by reference: International Fire Code; International Building Code. (NRS 477.030)
1. The following changes are made to the 2003 edition of the International Fire Code as adopted by reference by the State Fire Marshal:
(a) Section 105.6.35 is revised to read as follows: “An operational permit is required to operate a place of assembly with an occupant load of 100 or more, or as otherwise required by the authority having jurisdiction.”
(b) Section 108 is deleted.
(c) To section 202 under the Group I-1 heading is added: “All portions of a care facility which houses patients or residents which is classified by the State Board of Health as ‘Category 2,’ and which has an occupant load of more than 10 residents, is classified as an ‘I-1’ occupancy classification.”
(d) Section 508.3 is revised by adding a second paragraph to read as follows: “Subject to the approval of the fire authority, if the fire flow is not available for adequate fire protection, an approved automatic fire sprinkler system must be installed throughout the building or buildings. The sprinkler system must meet the requirements of the appropriate N.F.P.A. standard. The provisions of this paragraph do not apply if a fire sprinkler system is otherwise required by this chapter or the adopted codes.”
(e) Section 508.5.7 is deleted and replaced with: “A clear space of at least 3 feet must be maintained around the front and sides of a fire department connection. A fire department connection must be visible from the approved fire apparatus access road and must be accessible in a direct and unobstructed approved route.”
(f) Section 903.2.1.6 is deleted and replaced with: “Casinos are classified as drinking establishments and must be designed and built with a sprinkler system classified as an ordinary Hazard Group 2.”
(g) Section 903.2.7 is revised by adding a second paragraph to read as follows: “An R-1 or R-2 occupancy that has more than two stories must have an N.F.P.A. 13 system installed. An R-1 or R-2 occupancy that has two stories or less must have an N.F.P.A. 13 system or an N.F.P.A. 13R system installed.”
(h) Section 903.2.10 is revised by adding a new paragraph to read as follows: “A building that is more than two stories in height, including any height added by usable floor space, must have automatic sprinkler systems installed throughout.”
(i) Section 903.3.1.2 is revised to read as follows: “Where allowed, an R-1 or R-2 building that has two stories or less must have automatic sprinkler systems installed throughout in accordance with N.F.P.A. 13 or N.F.P.A. 13R. An R-1 or R-2 building that has more than two stories must have automatic sprinkler systems installed throughout in accordance with N.F.P.A. 13.”
(j) Section 906.1 is revised to read as follows: “When required, portable fire extinguishers must be installed in all group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies. No exceptions will apply.”
(k) In sections 907.2.12, 907.9.2 and 1019.1.8, “75 feet” is deleted and replaced with “55 feet.”
(l) Section 907.10.1 is revised by adding the following exceptions:
(3) Electrical rooms and mechanical rooms that are not normally occupied and are less than 400 square feet.
(4) Janitor closets.
(5) Storage rooms that are less than 400 square feet.
(6) Elevator cabs.
(7) Individual work areas or offices and private toilets serving individual work areas or offices.
(8) Individual inmate sleeping accommodations and patient sleeping rooms except as required by section 907.10.1.3.
(m) In section 907.10.2, “70 dBA” is deleted and replaced with “80 dBA,” and “60 dBA” is deleted and replaced with “80 dBA.”
(n) Section 3301.1.3 is amended to read as follows: “The possession, manufacture, storage, sale, use and handling of fireworks are prohibited except where permitted by local ordinance.”
(o) To section 3801.1 is added: “In the event of a conflict between any provision in this chapter and the regulations of the Board for the Regulation of Liquefied Petroleum Gas, the regulations of the Board take precedence.”
2. The following changes are made to the 2003 edition of the International Building Code as adopted by the State Fire Marshal:
(a) To section 112 is added the following provision: “This section does not apply to the State Fire Marshal of Nevada.”
(b) Section 303.1 is revised by adding a new category “Casinos” to subsection A-2.
(c) From section 403.1 is deleted the phrase “* * * more than 75 feet,” and to that section is added “* * * more than 55 feet above the lowest level of access for a vehicle of the fire department.”
(d) To section 403.6 is added: “Loudspeakers or horns for a fire alarm must achieve at least 80 decibels of sound in all areas within the protected property.”
(e) To section 403.8, the following provisions are added:
(1) “All equipment contained within the fire command center must be tested annually by a person approved by the authority having jurisdiction. Systems terminating within the fire command center must be tested as required by the local authority having jurisdiction according to a schedule which is commensurate with the size and complexity of the facility being protected and the systems involved. All equipment for the safety of life must be reset and certified by a person approved by the authority having jurisdiction after being tested. A log of the tests required by this section must be available for inspection by the authority having jurisdiction. Graphic display annunciator panels may be required if the complexity of the systems warrant. Testing must follow procedures which are developed by the designer, manufacturer and nationally recognized standards of good practice as approved by the authority having jurisdiction.”
(2) “The fire command center must be housed in a room separated from the building in which it is located by noncombustible construction rated at a minimum of 2 hours. The room used for that command center must be provided an exterior door if possible.”
(f) To section 403.12, at the end of the last sentence, is added: “* * * or an activation of any fire alarm system or a power failure.”
(g) Section 403.15 is deleted and replaced with: “A smoke control system must be provided and must meet the requirements of Chapter 9.”
(h) Section 903.2.2.1 is revised by adding a new paragraph to read as follows: “In high schools where automatic fire sprinkler systems are provided, the automatic fire sprinkler systems for the automotive and woodworking shops must be ordinary hazard group 1 automatic fire sprinkler systems.”
(i) In section 907.2.12, “75 feet” is deleted and replaced with “55 feet.”
(j) Section 907.9.1 is revised by adding the following exceptions:
(3) Electrical rooms and mechanical rooms that are not normally occupied and are less than 400 square feet.
(4) Janitor closets.
(5) Storage rooms that are less than 400 square feet.
(6) Elevator cabs.
(7) Individual work areas or offices and private toilets serving individual work areas or offices.
(8) Individual inmate sleeping accommodations and patient sleeping rooms except as required by section 907.2.10.1.3.
(k) In section 907.9.2:
(1) “70 dBA” is deleted and replaced with “80 dBA”;
(2) “60 dBA” is deleted and replaced with “80 dBA”; and
(3) “75 feet” is deleted and replaced with “55 feet.”
(l) In section 1008.1.8.7, exception 3 is revised to read as follows: “In stairways serving buildings other than high-rise buildings, doors are permitted to be locked on the side opposite the egress side, provided that the doors can be opened from the egress side. Except for exit discharge doors, the doors must automatically unlock upon the activation of a fire alarm system or a fire sprinkler alarm and for a power failure.”
(m) Section 1019.1.8 is deleted and replaced with: “In a building having a floor level used for human occupancy which is more than 55 feet above or below the level of access for a vehicle of the fire department, all required exit enclosures must be pressurized in accordance with this section. Pressurization must occur automatically upon activation of an approved fire alarm system. The exception and the relief venting provisions remain as written.”
[St. Fire Marshal, §§ 8.201-8.501, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; 2-17-94; 5-18-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.285 Requests for clarification of or relief from regulations. (NRS 477.030) Any person desiring clarification of the provisions of this chapter, relief from the strict application of any of their terms or information concerning procedures for dealing with the Division in connection with them must address a written request for the action or information to the State Fire Marshal at the:
State Fire Marshal Division
Department of Public Safety
107 Jacobsen Way
Carson City, Nevada 89711
[St. Fire Marshal, § 1.104, eff. 1-16-81]—(NAC A 2-17-94; R220-99, 9-25-2000)
NAC 477.287 Variance from requirements. (NRS 477.030) The State Fire Marshal may address, by variance, any requirement of the codes or standards adopted by him. The variance must provide an alternate method for satisfying the requirement that is being addressed by the variance.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000)
NAC 477.288 Interlocal agreements: Review by State Fire Marshal. (NRS 477.030)
1. A request by a local government for an interlocal agreement pursuant to the provisions of NRS 477.030 must:
(a) Identify the local government and designate those persons who will represent the local government for the purposes of the interlocal agreement.
(b) Be accompanied by an official resolution executed by the local government which petitions the State Fire Marshal to develop, in cooperation with the local government, an interlocal agreement and describes the authority or duties being requested for delegation.
2. The State Fire Marshal, upon the receipt of such a request, will assign personnel from the State Fire Marshal Division to determine if the proposed program and the ability of the personnel of the local government are substantially equivalent to the program and ability of the State Fire Marshal.
3. Personnel assigned by the State Fire Marshal pursuant to this section shall complete the review within 60 days and recommend that the request be approved, returned for further development or disapproved.
4. The State Fire Marshal is the final administrative authority and will determine which authority or duties may be assigned to the local government pursuant to the interlocal agreement. The State Fire Marshal may require reports on the activities being performed pursuant to the provisions of an interlocal agreement.
5. The State Fire Marshal may revoke an interlocal agreement with a local government if the local government fails to:
(a) Supply the required reports; or
(b) Cooperate with the State Fire Marshal in verifying the equivalency of personnel and programs.
6. The State Fire Marshal will:
(a) Notify the local government if he intends to improve, update or otherwise change any program which is part of an interlocal agreement with the local government; and
(b) Allow adequate time for the local government to adjust its personnel, programs or training to conform with the change.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.290 Severability. (NRS 477.030) If any of the provisions of this chapter, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
[St. Fire Marshal, § 1.1101 subsec. d, eff. 11-27-78]
LICENSES AND CERTIFICATES OF REGISTRATION
General Provisions
NAC 477.300 Application; requirements; effect; branch offices; designer of fire sprinkler and alarm systems. (NRS 477.030, 477.033)
1. All applications for licenses or certificates must be made to the State Fire Marshal in the manner required by this chapter. A person who performs any of the following work in this State, other than as the employee of another, must obtain a license in accordance with this chapter and chapter 477 of NRS and shall require each person employed by him to perform that work to obtain the appropriate certificate of registration:
(a) Selling, servicing, maintaining or installing any fire extinguisher, engineered or pre-engineered fixed fire extinguishing system, fire alarm system, fire detection system, automatic fire suppression system or fire standpipe system.
(b) Cleaning of a Type 1 hood and duct and the removal of fuel.
(c) Blasting and using commercial explosives.
(d) Using and handling of pyrotechnics.
(e) Installing medical gas systems.
(f) Selling and installing heat detectors which will be used as devices for the early warning of fires.
2. The State Fire Marshal or his authorized representative may inspect vehicles, equipment, buildings, devices, premises or any area to be used in performing the activities permitted by the license or certificate.
3. A license or certificate issued by the State Fire Marshal remains the property of the State Fire Marshal Division and must be renewed as required by NAC 477.310. The license or certificate is not transferable, is revocable for cause and, except as otherwise provided in this chapter, will not be issued to any person who has not reached 18 years of age.
4. A licensee shall comply with any regulation adopted by a local authority which is more stringent.
5. All applications for a license for the installation and maintenance of systems for protection from fire must be accompanied by a letter of certification from a manufacturer or supplier of the system or material or parts for the system stating that the licensee has received parts and materials for the installation, maintenance, servicing, testing and inspection of those materials, items or systems.
6. Any firm having more than one office doing business in Nevada which must be licensed by the State Fire Marshal, must designate one office as the principal office and pay the standard fee for each class of license for work to be performed. Except for licenses for the sale at retail of fire extinguishers, each additional office must be licensed as a branch office. Each branch office must pay the prescribed fee of $110 for each class of license for the work to be performed by that branch. If a branch office performs work which is not done by the principal office, the branch office shall be deemed to be the principal office for that class of license and must pay the full fee.
7. A holder of a certificate of registration must be present at all job sites on which work requiring a license pursuant to this section will be performed.
8. A designer of fire sprinkler and alarm systems must hold a Level II certification from the National Institute for Certification in Engineering Technologies (NICET), be licensed as a professional engineer pursuant to chapter 625 of NRS or hold an equivalent certification. To obtain further information and copies of materials to receive a Level II certification from the National Institute for Certification in Engineering Technologies, a designer of fire sprinkler and alarm systems may contact the National Institute for Certification in Engineering Technologies, 1420 King Street, Alexandria, Virginia 22314-2794, telephone (888) 476-4238.
[St. Fire Marshal, §§ 1.301-1.304, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 2-17-94; R207-99, 2-7-2000; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.305 Separate licenses; replacement if license or certificate lost or destroyed. (NRS 477.030, 477.033)
1. A separate license is required for each business location.
2. A duplicate license or certificate of registration may be issued to replace a license or certificate which has been lost or destroyed upon the submission of a written statement from the licensee or the registrant to the State Fire Marshal attesting that the license or certificate of registration has been lost or destroyed. The prescribed fee must accompany the written statement for a duplicate license or certificate of registration.
[St. Fire Marshal, §§ 1.406 & 1.407, eff. 11-27-78]
NAC 477.310 Expiration and renewal; change of information; initial fees; late charges. (NRS 477.030)
1. Except as otherwise provided by sections governing specific types of classes of license and certificates, all original licenses and certificates of registration expire on December 31 of the year in which they are issued.
2. Application for renewal must be made annually. The application must be accompanied by the appropriate fee. Renewals are valid from January 1 through December 31.
3. If an application and the appropriate fee for renewal of a license or certificate of registration is void, then the firm or registrant holding the license or certificate of registration shall cease to perform those services authorized by the license or certificate of registration.
4. If a certificate of registration has expired and the registrant desires to continue to perform the acts requiring a certificate, he must apply to the State Fire Marshal for an original certificate of registration and pay the full fee for certification. The State Fire Marshal may require the applicant to be retested.
5. If a license has expired and the licensee desires to continue in the business for which the expired license was issued, he must apply to the State Fire Marshal for an original license.
6. Any change of information on the license or certificate must be reported to the State Fire Marshal in writing within 7 days after the change. A new license will be issued upon notification and payment of the prescribed fee.
7. Initial fees must be paid in full unless the fees are paid in the final quarter of the licensing year. Initial fees which are paid in the final quarter may be reduced by 50 percent.
8. If a fee is not paid by the time it is due, a late charge of 12 percent per month may be assessed as an administrative fee for processing. The charge must be assessed beginning at the end of the first working day after the fee is due.
[St. Fire Marshal, § 1.701, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000)
Examinations
NAC 477.311 Written examinations; consideration of other qualifications. (NRS 477.030) Except as otherwise provided for a certificate for blasting:
1. An applicant for a certificate of registration must pass a written examination. The applicant must receive a passing score on each part taken.
2. Licensure by another state, or other training and certification recognized by the State Fire Marshal, may be considered in evaluating an applicant’s qualifications.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.312 Basis of examinations. (NRS 477.030) The examinations administered by the State Fire Marshal are based on the National Fire Codes, 2004 edition, published by the N.F.P.A.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.3125 Examination for installer of medical gas systems. (NRS 477.030) The examinations to receive a certificate of registration for an installer of medical gas systems that are administered by the State Fire Marshal will be based on the following sources and standards:
1. The regulations of the State Fire Marshal as set forth in this chapter;
2. N.F.P.A., Standard 99;
3. N.F.P.A., Standard 50;
4. American Society of Sanitary Engineering, Standard 6010, “Medical Gas Systems Installers”; and
5. Compressed Gas Association pamphlet C-1, dealing with gas systems.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.313 Scheduling; failure; testing for higher classification. (NRS 477.030)
1. The State Fire Marshal will schedule the various examinations so that an applicant may take his examination within 90 days after the date of his application. Examinations will be conducted at the State Fire Marshal’s office in Carson City during business hours with an appointment. Examinations for certificates of registration will also be conducted by appointment in Elko and Las Vegas. No appointment for an examination will be made until the applicant submits all required documentation to the State Fire Marshal’s office in Carson City.
2. An applicant who fails the examination or a part of the examination must wait 15 days after the date of the examination and pay the fee for retaking an examination set forth in NAC 477.325 before taking the test, or failed part of the test, again. A person may not take the test for the same class of license more than three times in 1 calendar year.
3. An applicant who already has a certificate in one classification may apply for licensing or registration in a higher classification and, upon payment of the prescribed fee, will be tested only on that part of the examination pertaining to the higher classification.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
Certification
NAC 477.314 General requirements for courses, applications, instructors and fees. (NRS 477.030)
1. The State Fire Marshal may issue a certification to a person who successfully completes a specialized training course which has been:
(a) Developed by the State Fire Marshal;
(b) Developed and given by the National Fire Academy; or
(c) Approved by the State Fire Marshal.
2. The person must apply for certification in accordance with the provisions of this chapter and the applicable national guidelines adopted pursuant to this chapter.
3. An instructor for a course must be accredited by the State Fire Marshal before the instructor may instruct the course.
4. The State Fire Marshal may charge for certification a reasonable fee pursuant to the provisions of this chapter plus the actual cost expended to evaluate the course.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.3142 Approval of proposed courses: Application; evaluation; charges for evaluation; addition to list of courses. (NRS 477.030)
1. A person who requests certification must submit an application for the approval of the proposed course which includes:
(a) An outline of the course and a list of reference materials to be used in the course. At least 85 percent of the course must refer to material which is recognized by the State Fire Marshal.
(b) A manual or handout to be used by the students in the course.
(c) A manual to be used by the instructor of the course.
(d) A list of visual aids to be used in the course.
2. The State Fire Marshal will evaluate the proposed course within 45 days after receiving an application for certification and determine whether to certify the course.
3. The State Fire Marshal may charge the person requesting certification of a course pursuant to this section the actual cost of evaluating the course.
4. If a course is approved and the applicable fees are collected, the State Fire Marshal will add the course to the list of training courses which are approved by him.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.3144 Qualifications of instructors; written evaluations; revocation of accreditation. (NRS 477.030)
1. A course which has been certified by the State Fire Marshal must be taught by an accredited instructor.
2. To be an accredited instructor, a person must:
(a) Be recognized by the State Fire Marshal Division as being qualified to be an instructor;
(b) Be currently employed as an instructor of fire science or fire technology within the Nevada System of Higher Education;
(c) Have completed a development course for instructors offered by the State Fire Marshal Division;
(d) Have at least 4 semester units of upper division credit in educational materials, methods and curriculum development; or
(e) Possess a teaching credential or proof of successful completion of instructional course work from another state or agency, if that credential or proof is approved by the State Fire Marshal.
3. Students participating in a certified course shall complete written evaluations on the instructor of the course. The State Fire Marshal will review the written evaluations to ensure the quality of instruction. The State Fire Marshal, or his representative, may observe a course to assist in the evaluation of the course or its instructor.
4. The State Fire Marshal may revoke the accreditation of an instructor if the State Fire Marshal determines that such action is appropriate.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000)
NAC 477.3146 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee. (NRS 477.030)
1. The State Fire Marshal may issue a certification to a person for training received from a course which is not offered through the state training program if that course meets or exceeds the standards of the State Fire Marshal.
2. The person must apply for certification on a form provided by the State Fire Marshal. The person must provide all of the information necessary to demonstrate that the training course meets or exceeds the standards established by the State Fire Marshal.
3. In addition to any fee charged pursuant to NAC 477.325, the State Fire Marshal may charge a reasonable fee for performing the evaluation of a course.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.3148 Training given by training officer of fire department. (NRS 477.030) The State Fire Marshal may issue a certificate to each person who completes training given by a training officer of a fire department if the training officer or fire department:
1. Completes a form specified by the State Fire Marshal which includes the numbers of hours of training given, the name of the person who received the training and a description of the training; and
2. Timely delivers the completed form to the State Fire Marshal Division.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000)
Disciplinary Action
NAC 477.315 Authority; grounds. (NRS 477.030)
1. The State Fire Marshal may refuse to issue or renew, or may suspend or revoke, any certificate of registration or license if he determines that an applicant, licensee or registrant has:
(a) Obtained or attempted to obtain a license or certificate of registration by fraud, misrepresentation or falsifying information required on an application form.
(b) Been found guilty of malpractice or incompetence.
(c) Failed to obtain the necessary tools or materials required by the State Fire Marshal for performing the work for which the license was issued.
(d) Failed to pay the annual fees for renewal of a license or certificate of registration.
(e) Violated any provision of this chapter three or more times within a 12-month period.
(f) Submitted payment for a license or certificate upon an account which has insufficient funds.
(g) Been convicted of a felony.
(h) Refused to cooperate with the State Fire Marshal in an investigation.
(i) Created an imminent hazard to life. For the purposes of this paragraph, an “imminent hazard to life” exists when:
(1) A system to detect, suppress or protect against fire is reduced to less than 80 percent of its design standard by an action, whether malicious or not, of a licensee or holder of a certificate of registration; or
(2) A fire appliance or device is made nonfunctional because more than 20 percent of the appliances or devices provided to a building or area become nonfunctional because of the improper service of a licensee or the holder of a certificate of registration.
(j) Agents or principals who have violated the provisions of this subsection.
2. The State Fire Marshal may revoke or suspend any certificate of registration or license if he determines that:
(a) It has been used by a person other than the person to whom it was issued.
(b) It has been used for a location other than that for which it was issued.
(c) It has been used for work other than that for which it was issued.
(d) Any of the conditions or limitations set forth in the license have been violated.
(e) The person to whom the certificate or license was issued did not have the certificate or license on-site where work was being performed under the certificate or license, or failed to present the certificate or license upon the request of an authority having jurisdiction.
3. All licenses and certificates of registration remain the property of the State Fire Marshal and may not be suspended or revoked by any other person.
4. For the purposes of this section:
(a) A revocation is permanent and applies to any person who is found to be an accomplice to a violation, whether directly or indirectly.
(b) A suspension may not exceed 24 months.
[St. Fire Marshal, §§ 1.901 & 1.902, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; R220-99, 9-25-2000)
NAC 477.320 Investigation; hearing. (NRS 477.030)
1. When the State Fire Marshal receives written notice alleging fraud, misrepresentation, malpractice or incompetence on the part of any person licensed or certified under this chapter, he will conduct an investigation of the allegations. The investigation will concentrate on violations of this chapter, deceptive trade practices as set forth in chapter 598 of NRS and other pertinent criminal and civil violations set forth in NRS. The use of any unauthorized, faulty or otherwise unacceptable equipment discovered during an investigation may be prohibited pending a final determination. A license or certificate will be suspended during an investigation if the investigation reveals conditions which the State Fire Marshal considers an imminent threat to public safety.
2. A person who has been denied an original or renewal license or certificate by the State Fire Marshal may request an administrative hearing within 10 days after notice of denial. A written request must be sent to the State Fire Marshal. The State Fire Marshal, upon receipt of a request for an administrative hearing, will take necessary action to schedule an administrative hearing.
3. The failure on the part of an applicant to pass tests required in this chapter does not constitute grounds to request an administrative hearing.
4. If an administrative hearing officer finds that the State Fire Marshal has acted correctly, he may require restitution to the State Fire Marshal for the costs of the administrative hearing. If the administrative hearing officer finds that the applicant, licensee or holder of the certificate is guilty of a lesser offense, the State Fire Marshal may require the applicant, licensee or holder, as appropriate, to receive further training or be retested, or both.
5. An administrative hearing does not preclude the State Fire Marshal from proceeding with a criminal investigation. Any conviction resulting from a criminal investigation may be used as prima facie evidence in an administrative hearing.
[St. Fire Marshal, §§ 1.1001-1.1005, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; R220-99, 9-25-2000; R062-04, 9-3-2004)
Permit to Store Hazardous Material
NAC 477.323 Permit required; issuance, expiration, renewal, suspension, reinstatement and revocation of permit; fees; criminal investigation; plan for termination. (NRS 477.030, 477.031, 477.045)
1. A person shall not store a hazardous material in excess of the amount set forth in the International Fire Code, as adopted pursuant to NAC 477.281, unless he has been issued a permit by the State Fire Marshal to store that material. A permit must be renewed annually.
2. Permits may be revoked or suspended when, after investigation, the State Fire Marshal determines that:
(a) The permit is being used by a person other than the person to whom it was issued.
(b) The permit is being used for a location other than that for which it was issued.
(c) Any of the conditions or limitations set forth in the permit have been violated.
(d) The holder of the permit has failed, refused or neglected to comply with any order or notice served upon him under the provisions of this chapter within the time provided therein.
(e) A false statement or misrepresentation as to a material fact was made in the application for the permit or the plans on which the permit was based.
3. The State Fire Marshal may suspend or revoke any permit if an inspection or investigation reveals a hazardous condition that endangers the safety of any person, or if the holder of the permit is not in compliance with this section. The State Fire Marshal may reinstate a suspended permit after the holder of the permit has paid the annual fee and corrected all deficiencies identified. A permit that has been revoked will not be reissued. A suspension will not exceed 24 months, after which the permit will be reissued or revoked.
4. Except as otherwise provided in subsection 5, a permit may be issued to store, transport on-site, dispense, use or handle hazardous materials in excess of the amount listed in the International Fire Code, 2003 edition, section 105, for a fee of $90.
5. The fee established by subsection 4, or any portion of it, may be waived by the State Fire Marshal. The State Fire Marshal may issue a permit for other facilities or appliances listed in section 105 of the International Fire Code, 2003 edition, for a fee of $55, and in addition thereto may charge a fee of $38.50 per hour, or any fraction thereof, for inspection services and an amount equal to the actual expenses incurred for travel, salaries and administrative expenses. The State Fire Marshal may issue an annual permit for the manufacture of explosives, blasting agents or fireworks for a fee of $1,100, and in addition thereto may charge a fee of $110 for each building or structure at the facility and an amount equal to the actual expenses incurred for travel, salaries and administrative expenses.
6. The $60 surcharge required by NRS 477.045 will be collected on all permits to store hazardous materials, in addition to any other fees.
7. A permit expires 1 year after the last day of the calendar month in which the permit was issued, unless a different expiration date is noted on the permit.
8. Revocation or suspension of a permit does not preclude the State Fire Marshal from proceeding with a criminal investigation. Evidence from a criminal investigation may be used as evidence in an administrative hearing for the revocation or suspension of a permit.
9. If a holder of a permit or an applicant for a permit intends to terminate the storage, dispensing, handling or use of hazardous materials at a facility, the holder or applicant must submit a plan to the State Fire Marshal outlining the proposed termination of the storage, dispensing, handling or use of the hazardous materials at least 30 days before the date on which the facility is to be closed. The plan must demonstrate that the reported quantities of materials have been or will be transported, disposed of or removed in a manner that presents no hazardous conditions to any person or property.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 5-18-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
Miscellaneous Provisions
NAC 477.325 Fees; exemptions; effect of certificate; refunds. (NRS 477.030, 477.031, 477.033)
1. Except as otherwise provided in this chapter, the schedule of fees for:
(a) A license to install or maintain portable fire extinguishers and fixed systems is as follows:
|
(1) Type A for full service of portable fire extinguishers.................................. |
$440.00 |
|
(2) Type B for portable fire extinguishers without hydrostatic service............ |
357.50 |
|
(3) Type B, C or B, D for Type B with hydrostatic service (C is low pressure, D is high pressure hydro)............................................................................................ |
357.50 |
|
(4) Type E for fixed fire extinguishing systems: |
|
|
(I) E-1 for hood/duct systems...................................................................... |
137.50 |
|
(II) E-2 for all other systems........................................................................ |
137.50 |
|
(III) Both E-1 and E-2................................................................................. |
275.00 |
|
(5) Type F for fire alarm.................................................................................... |
440.00 |
|
(6) Type G for automatic sprinkler system (includes G-U)............................... |
440.00 |
|
(7) Type G-U for underground fire sprinkler service and private hydrant maintenance and repair............................................................................................... |
247.50 |
|
(8) Type H for hood and duct cleaning............................................................ |
440.00 |
|
(9) Type H-E for E-1 licensed companies wanting an H license...................... |
137.50 |
|
(10) Type I for standpipe systems..................................................................... |
440.00 |
|
(11) Type I-G for G licensed companies wanting an I license.......................... |
137.50 |
|
(12) Type J for N.F.P.A., Standard 13-D systems............................................ |
440.00 |
|
(13) Type G-J for G licensed companies wanting to do Standard 13-D work. |
137.50 |
|
(14) Blaster’s certificate of registration............................................................ |
55.00 |
|
(15) Two-year renewal of a blaster’s certificate................................................ |
55.00 |
|
(16) Type MG license to install medical gas systems........................................ |
247.50 |
|
(17) Type EWD license to sell or install heat detectors ................................... |
110.00 |
|
(b) A certificate of registration (each class)........................................................... |
71.50 |
|
(c) Renewal of a certificate of registration............................................................ |
33.00 |
|
(d) Issuance of a duplicate license or certificate.................................................... |
11.00 |
|
(e) Change of information on a certificate or license............................................. |
11.00 |
|
(f) A license for each branch office, per license class............................................ |
110.00 |
|
(g) An annual license for the sale at retail of all types of fire extinguishers.......... |
27.50 |
|
(h) An annual license for the sale at retail of only disposable fire extinguishers which are not required by a code............................................................................... |
11.00 |
|
(i) Retaking an examination or any part of an examination................................... |
22.00 |
|
(j) A certificate of registration and license for codes and regulations in interior design......................................................................................................................... |
100.00 |
|
(k) Renewal of a certificate of registration and license for codes and regulations in interior design......................................................................................................... |
50.00 |
|
(l) Annual certificate of registration for installers of medical gas systems............ |
71.50 |
|
(m) A copy of the regulations of the State Fire Marshal....................................... |
11.00 |
2. The fees for a license do not apply to this State or its political subdivisions. The fees for certificates of registration apply in all cases. A certificate of registration operates as a license for a person to perform a specific job for a company licensed pursuant to this chapter and chapter 477 of NRS.
3. The State Fire Marshal will refund the fee for a license, less an administrative fee of $38.50, if a written request for a refund, stating that the licensee has not, after being licensed, engaged in any of the activities for which the license is issued, is received by the State Fire Marshal within 30 days after the date of the issuance of the license.
4. The following fees are established for the administrative and regulatory services of the State Fire Marshal Division:
(a) All copy service will be at the rate of $2.75 for the first copy and 55 cents for each page thereafter for each file opened.
(b) Fees for investigative services are as follows:
(1) For expert testimony rendered by the Division in a civil proceeding, the fee of $110 for each hour of testimony or research will be charged.
(2) The actual costs for an investigation must be paid by the person investigated if he is found guilty.
(3) Investigative and hearing costs must be paid by the person investigated, if the hearing officer finds in favor of the State Fire Marshal.
(c) The fee for the issuance of a license or certificate of occupancy is $22. The State Fire Marshal will issue a certificate of occupancy:
(1) Annually for a licensed facility; or
(2) For a facility which is not licensed, annually after an inspection and the removal of deficiencies, if any.
(d) The State Fire Marshal may charge a fee for any other inspection services. The rate for this fee is $38.50 per hour or any fraction thereof. The first inspection may be conducted at no charge. A fee for subsequent reinspections will be charged for the actual cost of travel, salaries and administrative expenses in addition to the inspection fee.
(e) The fee for witnessing any test for acceptance is $22 for each test requiring a separate fee for certification.
(f) A fee may be charged for the costs associated with providing training programs. The State Fire Marshal may waive this fee if a reasonable justification for doing so is provided.
(g) Instructional supplies and materials will be supplied at the approximate cost of providing them.
(h) Fees for instructors are $22 per hour, or as set by contract for specific classes, plus per diem and travel expenses.
(i) Any additional costs for service will be added, as well as an administrative fee of 5.5 percent of the total cost of each program.
(j) Costs of certification are based upon hours of training, but will not exceed $22. Fees will be charged for any certification other than:
(1) Initial firefighter certification I and II for a member of a volunteer fire department; or
(2) Certification for hazardous materials awareness and operations for all first responders for a governmental agency.
(k) Additional fees equal to those charged for initial testing will be charged for retesting those who fail.
(l) The State Fire Marshal will not collect fees pursuant to this section from a person if a third party, such as the employer of the person, pays that fee.
(m) Any service provided by the State Fire Marshal Division may be billed at the rate of $38.50 per hour or the actual cost of providing the service, whichever is greater.
(n) Any service performed by a special deputy on behalf of the State Fire Marshal may be billed, pursuant to an interagency agreement, at the rate of $38.50 per hour, the actual cost of providing the service or any other rate specified by this chapter. The State Fire Marshal may allow such fees or any part thereof to be collected and used by the agency supporting the special deputy.
(o) Approval for equipment or materials which are not on a list published by a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation will be issued annually for a fee of $550 per product, $38.50 per hour of research and actual expenses incurred in evaluating the product. If a product or material is not approved, there will be charged a fee of $38.50 per hour of research and actual expenses incurred in evaluating the product, except that the minimum fee is $165. Approval of a product lapses if the:
(1) Product is modified;
(2) Name of the product or person manufacturing the product is changed;
(3) Ownership of the company is changed;
(4) Use of the product is changed; or
(5) Annual fee is not paid.
(p) Requests for statistical information received before the publication of the annual report will be supplied as available. The administrative cost to receive such statistical information will be calculated and assessed in accordance with this section.
5. The State Fire Marshal may establish a fee for supplying copies of the annual report to persons and agencies other than fire, legislative and state agencies. The fee will be limited to the actual cost of the publication and distribution of the report, plus an administrative fee of $38.50.
6. The State Fire Marshal may refund all or part of any fee if he deems it appropriate. To be eligible for a training refund, a registrant must give not less than 72 hours’ notice before removing his name from the registration list. The State Fire Marshal may require the registrant to provide written documentation of the notice.
7. For a plan review, the State Fire Marshal will collect an investigation fee in accordance with section 108 of the International Building Code.
[St. Fire Marshal, §§ 1.601 & 1.602, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; 5-18-94; R207-99, 2-7-2000; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.330 Maintenance and availability of records; change of location; agreements for services relating to hydrostatic testing. (NRS 477.030)
1. A licensee shall maintain accurate records of all service performed by him and all installations and service agreements made by him. These records must be made available for inspection by the State Fire Marshal or his representatives during the normal hours of business of the licensee.
2. The State Fire Marshal will keep a list of the names, addresses and numbers of the licenses of all licensees. The record of all numbers will be available for inspection.
3. Any change of location of a licensee must be reported to the Office of the State Fire Marshal, in writing, within 7 days after the change. A new license will be issued upon notification and payment of the prescribed fee.
4. A licensee shall provide to the State Fire Marshal with the initial application for a license and with each application for renewal of a license a copy of at least one agreement between the licensee and a company that has hydrostatic testing facilities approved by the United States Department of Transportation and soft shell hydrostatic testing facilities not required to be approved by the United States Department of Transportation, pursuant to which the company with the hydrostatic testing facilities will provide services relating to hydrostatic testing to the licensee. If the agreement is cancelled or otherwise terminated, the licensee shall forthwith notify the State Fire Marshal of the cancellation or termination of the agreement.
[St. Fire Marshal, §§ 1.801-1.803, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004)
INTERIOR DESIGN
NAC 477.333 Issuance of certificate and license. (NRS 477.030, 477.032) The State Fire Marshal will, in accordance with NRS 477.032, issue a certificate of registration and license for codes and regulations in interior design to a person who successfully completes a specialized training course that has been approved by the State Fire Marshal.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004)
NAC 477.3332 Approval of proposed courses: Application; evaluation; fees and costs; addition to list of approved courses. (NRS 477.030, 477.032)
1. To have a course in codes and regulations approved by the State Fire Marshal, a request must be submitted to the State Fire Marshal with an application for the approval of the proposed course. The application must contain:
(a) An outline of the course and a list of reference materials to be used. At least 85 percent of the course must refer to the fire codes, building codes and applicable regulations adopted by the State Fire Marshal.
(b) A copy of any syllabus, manual and handouts to be used by the instructor and students in the course.
(c) A copy of the final exam that will be used, to be approved by the State Fire Marshal.
(d) A copy of the transcript, certificate of completion or other proof of successful completion that will be awarded to students who successfully complete the course.
2. The State Fire Marshal will evaluate the proposed course and final examination within 20 days after the date on which he receives the application for approval and determine whether to approve the course. An instructor shall not use a final examination for the course if the final examination has not been approved by the State Fire Marshal.
3. The State Fire Marshal may charge:
(a) A fee for requesting approval for a course pursuant to this section; and
(b) The actual costs incurred by the State Fire Marshal in evaluating the course.
4. If a course is approved and the applicable fees have been submitted, the State Fire Marshal will add the course to the list of approved courses for the registration of interior designers pursuant to NRS 477.032.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.3334 Qualifications of instructors; written evaluations; revocation of approval. (NRS 477.030, 477.032)
1. A course in codes and regulations approved by the State Fire Marshal must be taught by an instructor who has been approved by the State Fire Marshal.
2. To obtain the approval of the State Fire Marshal, an instructor must:
(a) Be recognized by the State Fire Marshal Division as being qualified to be an instructor;
(b) Be currently employed as an instructor within the Nevada System of Higher Education; or
(c) Possess a teaching credential or proof of successful completion of instructional course work from another state or agency, if that credential or proof is approved by the State Fire Marshal for interior design for fire and building codes.
3. A student who participates in an approved course must complete a written evaluation of the instructor of the course. The State Fire Marshal will review the written evaluations to ensure the quality of instruction provided by the instructor. The State Fire Marshal, or his representative, may observe a course to assist in the evaluation by the State Fire Marshal of the course or its instructor, or of both the course and instructor.
4. The State Fire Marshal may revoke his approval of an instructor if the State Fire Marshal determines that such a revocation is appropriate.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.3336 Courses not previously approved by State Fire Marshal: Submission of information by applicant; fee. (NRS 477.030, 477.032)
1. The State Fire Marshal will issue a certificate of registration and license for codes and regulations in interior design to a person who has received training from a course in codes and regulations which has not been approved by the State Fire Marshal if the course meets or exceeds the standards established by the State Fire Marshal for such a course.
2. Such a person must apply for a certificate of registration and license for codes and regulations in interior design on a form provided by the State Fire Marshal. The person must provide all the information necessary to demonstrate that the course in codes and regulations meets or exceeds the standards established by the State Fire Marshal for such a course.
3. In addition to any other fee that may be assessed pursuant to NAC 477.325, the State Fire Marshal may charge a reasonable fee for evaluating a course that had not been previously listed by the State Fire Marshal as an approved course and for which approval is requested.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.3338 Determination of compliance with codes; fee. (NRS 477.030, 477.032) For each project in interior design by a holder of a certificate of registration and license for codes and regulations in interior design, the holder shall submit to the authority having jurisdiction a plan that lists the types and uses of interior materials and furnishings which the holder will be using in the project of interior design, so that the authority having jurisdiction can determine whether the materials, furnishings and plan comply with the codes. The authority having jurisdiction may charge a reasonable fee for making such a determination.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004)
FIRE SYSTEMS
General Provisions
NAC 477.335 Inspections. (NRS 477.030)
1. All pre-engineered or engineered fixed fire extinguishing systems, fire alarm systems, standpipe systems or sprinkler systems must be inspected in accordance with schedules recommended in the appropriate adopted standards as published by the N.F.P.A. Those inspections, other than a required inspection and certification, may be conducted by any person, including an employee of a firm, who, in the opinion of the authority having jurisdiction, has sufficient knowledge of the system to conduct such an inspection and who will maintain an accurate record of such inspections of the system in the designated place for each system.
2. The authority having jurisdiction may inspect a fire protection system at any time. All work must comply with the standards adopted for the system being installed. The methods or equipment used in the installation must not vary from those required by the plans pursuant to which the fire protection system is being installed and the applicable standard for that fire protection system.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
Regulation of Persons Engaged in Business Related to Fire Systems
NAC 477.340 Scope; applicability; exception. (NRS 477.030, 477.033)
1. The provisions of NAC 477.340 to 477.370, inclusive, prescribe the requirements for the licensing of persons engaged in the sale, leasing, installation or servicing of fire systems and components of fire systems.
2. The provisions of NAC 477.340 to 477.370, inclusive, apply to all:
(a) Persons within or conducting business within the State unless specifically excepted; and
(b) Fire systems and components installed within the State after November 27, 1978.
3. The provisions of NAC 477.340 to 477.370, inclusive, do not apply to municipal fire alarm systems in any municipality whose population is 100,000 or more.
[St. Fire Marshal, §§ 3.101-3.102, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.345 Licenses: Requirements; classifications; application. (NRS 477.030, 477.033)
1. Any person who holds a license to service or install any fire alarm system, standpipe system, residential sprinkler system or automatic sprinkler system must be properly equipped and shall employ personnel who are qualified to install and perform service on fire alarm systems, standpipe systems, regulating devices for the prevention of backflow, residential sprinkler systems or automatic sprinkler systems and must possess a state contractor’s license which is pertinent to the work being performed. Licenses will be issued in four basic classifications:
(a) Type F: Authorizes the holder to design the placement of, install, maintain and service fire alarm systems.
(b) Type G: Authorizes the holder to design the placement of, install, maintain and service automatic sprinkler systems.
(c) Type I: Authorizes the holder to design the placement of, install, maintain and service fire standpipe systems.
(d) Type J: Authorizes the holder to design the placement of, install, maintain and service residential sprinkler systems which are classified as 13-D systems.
2. Each application must be accompanied by the required fee and contain the following information:
(a) The name and address of the applicant.
(b) The applicant’s business address.
(c) Fictitious name used, if any.
(d) The type of work performed.
(e) Other pertinent information required by the State Fire Marshal.
[St. Fire Marshal, §§ 1.501-1.504, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 2-17-94; R220-99, 9-25-2000)
NAC 477.346 Installation, maintenance and service of certain fire systems: Supervision; requirements. (NRS 477.030) No person may supervise the installation, maintenance or service of a system described in NAC 477.345 unless he has a certificate of registration issued by the State Fire Marshal and is employed by a licensee, including exempt and restricted licenses. All work performed under the licensing requirements of this chapter must be supervised on-site, whenever work is being performed on a system, by a holder of a certificate of registration. A certificate of registration is not transferable and may not be issued to anyone who has not attained the age of 18 years. The certificate of registration must be in the possession of the registrant when he is performing the duties allowed. A person must obtain a certificate of registration before he may service and test devices regulated by pressure to prevent backflow.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; 2-17-94)
NAC 477.3465 Sale, installation, repair, restoration or testing for maintenance of heat detectors: Requirements. (NRS 477.030) A person who wishes to engage in the sale, installation, repair, restoration or testing for maintenance of heat detectors which will be used as devices for the early warning of fires must possess a license issued by the State Fire Marshal. Each applicant for such a license must provide a certification from a manufacturer of the type of heat detector to be used by the applicant or firm engaged in the sale of the heat detector that the applicant has received instruction and training in the installation, repair, testing and inspection of the heat detector to be used by the applicant.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000; A by R062-04, 9-3-2004)
NAC 477.348 Installation, repair, restoration or testing for maintenance of fire systems: Requirements. (NRS 477.030) A person who desires to engage in the installation, repair, restoration or testing for maintenance of a fire system must possess a certificate issued by the State Fire Marshal. Each applicant must provide a certification from a manufacturer, a supplier of materials for a fire system, or a firm engaged in the design and engineering of those systems, that he has received instruction and training in the installation, repair, testing and inspection of the specific system. The applicant must then take and pass a written examination and pay the appropriate fee.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94)
NAC 477.349 Notification of discontinuance of service. (NRS 477.030) A licensed company that is providing service relating to the installation or maintenance of a fire system, or both the installation and maintenance of a fire system, shall give 30-days’ written notice to the owner, the occupant, the authority having jurisdiction and the State Fire Marshal before the licensed company discontinues service to the owner or occupant, as appropriate.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.350 Approval of equipment; compliance with standards; smoke detectors. (NRS 477.030)
1. No fire system, device or component of any fire system may be sold, leased or installed in this State unless it is approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC or any other testing laboratory approved by the State Fire Marshal as being qualified to test such systems or devices or, if an approved listing from a testing laboratory is not available for a system, device or a component, by the State Fire Marshal on the basis of a practical test or examination and payment of the required fee by the person who is requesting approval of the system, device or component by the State Fire Marshal.
2. In addition to other provisions of NAC 477.340 to 477.370, inclusive, fire systems must comply with standards published by the N.F.P.A. and the International Code Council.
3. Where smoke detectors are required by any statute, regulation or ordinance, evidence of approval must be furnished to the purchaser at the time of purchase or delivery. The evidence must be a listing or label from one of the approved laboratories.
4. All new structures built for residential purposes which are not otherwise required by any statute, regulation or ordinance to be equipped with smoke detectors or other fire systems must be equipped with smoke detectors that have been approved by the authority having jurisdiction.
[St. Fire Marshal, §§ 3.201-3.204, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.365 Fire alarm systems: Evidence of capability to provide service; agreement for maintenance; notification of discontinuance of service; plans and specifications; level of sound. (NRS 477.030)
1. The distributor or installer of a fire alarm system must submit evidence of his capability to provide for any needed repair and restoration of the system within 24 hours after being notified of a fire or fault in the system. The evidence of that capability is subject to approval by the State Fire Marshal and must include a showing that the distributor or installer has:
(a) The necessary equipment and qualified personnel to perform the service;
(b) The necessary stock of parts and devices; and
(c) A valid license issued by the State Contractors’ Board.
2. Where fire alarm systems are installed, a satisfactory agreement for the maintenance of the system must be provided. A licensed company shall give a 30-day notice to the owner, the occupant and the authority having jurisdiction before the company may discontinue service to the owner and the occupant. All systems must be under the supervision of qualified persons. These persons shall have proper tests and inspections made at prescribed intervals and have general charge of all alterations and additions to the systems under their supervision. A copy of the maintenance agreement, along with proof that the firm or company which will provide the maintenance is adequately covered by liability insurance, must be submitted by the firm or company to the local fire department having jurisdiction.
3. Detailed plans of alarm systems must be submitted to the authority having jurisdiction. The specifications must state that the installation will conform to applicable standards and meet the approval of the authority having jurisdiction. The specifications must include the specific tests which may be required to meet the approval of the authority having jurisdiction. Plans must be drawn to an indicated scale or be suitably dimensioned and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to and approved by the authority having jurisdiction before the system may be installed. Where field conditions necessitate any substantial change from the approved plan, the corrected plan showing the system as actually installed must be submitted to the authority having jurisdiction. Plans must be on the job site at all times when work is being performed pursuant to that plan at that site.
4. All areas in a high-rise building protected by a fire alarm system and all areas protected by a fire alarm system must be provided with sufficient notification devices to achieve 80 decibels of sound at any occupied space within the area protected. All other occupancies must have an alarm system or systems which produce a sound that exceeds the prevailing equivalent sound level in the room or space by 15 decibels, or exceeds any maximum sound level with a duration of at least 30 seconds by at least 5 decibels, whichever is louder. The level of sound for the alarm signal must not exceed 120 decibels.
[St. Fire Marshal, §§ 3.301-3.304, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.370 Tags for recording maintenance. (NRS 477.030)
1. A tag for recording the maintenance of a fire alarm system must be at least 4 inches long and 2 inches wide and must be in the following form:
2. The tag must be attached to the system by the last person to work on the system for any purpose. The tag must be punched in an approved manner to indicate the type of service performed on the system and the date. The tag must be signed by the holder of a certificate of registration who supervises the work.
3. A tag must be attached to the system at the conclusion of the successful testing of the system immediately after its installation.
[St. Fire Marshal, § 3.305, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; R220-99, 9-25-2000)
PORTABLE FIRE EXTINGUISHERS AND FIXED FIRE EXTINGUISHING SYSTEMS
General Provisions
NAC 477.380 Applicability. (NRS 477.030, 477.033) The provisions of NAC 477.380 to 477.435, inclusive, do not apply to:
1. The filling or charging of a portable fire extinguisher before its initial sale by its manufacturer.
2. A person who maintains only his own portable fire extinguishers for his own use and has facilities adequate for the purpose. This subsection does not apply if the fire extinguishers are required by any statute, regulation or ordinance, in which case the person maintaining the extinguishers must possess a certificate of registration.
[St. Fire Marshal, §§ 1.409, 2.101 & 2.102, eff. 11-27-78]—(NAC A 1-19-84)
Regulation of Persons Engaged in Business Related to Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
NAC 477.385 Licenses: Qualifications of licensee; classifications. (NRS 477.030, 477.033)
1. A person who is licensed to install or maintain a portable fire extinguisher or fixed fire extinguishing system or sell at retail or provide as a part of other sales at retail a portable fire extinguisher or fixed fire extinguishing system for use within this State:
(a) Must be properly equipped and qualified to perform the service authorized by the type of license issued;
(b) Must provide a shop or a vehicle as a place of business, properly equipped and subject to inspection by the authority having jurisdiction; and
(c) If he is engaged in the installation or maintenance of portable fire extinguishers or fixed fire extinguishing systems, must possess a state contractor’s license appropriate to the work performed as issued by the State Contractors’ Board.
2. Any advertisement that the services of selling, installing, charging or testing or other maintenance of portable fire extinguishers or fixed fire extinguishing systems are available constitutes prima facie evidence that the premises, business, building, room or establishment in or upon which the advertisement appears or to which it refers is a separate location for business.
3. Licenses are classified and defined as follows:
(a) License for a public agency - Any type of license which is issued to the State or any of its agencies or political subdivisions for work to be performed by the State or that agency or political subdivision upon its own properties and for its own use. All requirements set forth in NAC 477.300 to 477.435, inclusive, except the requirement for a license issued by the State Contractors’ Board, must be met.
(b) Restricted license - A license which authorizes the holder to perform work covered by the license only upon his own properties and for his own use. All fees must be paid. Unless otherwise exempted, a valid license issued by the State Contractors’ Board is required.
(c) License - A license which is required by NRS 477.033 but is issued to a business and is not restricted.
4. Licenses for the sale at retail of portable fire extinguishers are issued in two classes, fire extinguishers required by a code and fire extinguishers not required by any code. Fire extinguishers required by a code must conform to the standards of the N.F.P.A. and meet the requirements for testing and listing of a nationally recognized testing laboratory. Fire extinguishers not required by a code must meet the requirements of the N.F.P.A., be nonrefillable, achieve a minimum of one unit of classification of rating through testing and listing by a nationally recognized testing laboratory and be designed and intended for use in homes, automobiles and recreational vehicles.
[St. Fire Marshal, §§ 1.401 & 1.402, eff. 11-27-78]—(NAC A 1-19-84; 7-16-85, eff. 8-1-85; 8-22-86, eff. 9-1-86; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.390 Declaration of qualification. (NRS 477.030, 477.033)
1. In addition to the requirements set forth in NAC 477.385, any person who desires to engage in the installation, maintenance or inspection of an engineered or pre-engineered fixed extinguishing system must be declared qualified to perform such act or acts by the State Fire Marshal.
2. The State Fire Marshal will declare a person to be qualified if he provides a certification from a manufacturer of fixed extinguishing systems that he has received instruction and training in the installation, maintenance and inspection of fixed extinguishing systems and he passes a written examination for a certificate of registration.
[St. Fire Marshal, § 1.403, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.395 Licenses and certificates: Application; examination. (NRS 477.030, 477.033)
1. Application for a license or a certificate of registration must be made on forms prescribed by the State Fire Marshal.
2. Each application must be accompanied by the required fee and contain the following information:
(a) The name and address of the applicant.
(b) The physical address of the business of the applicant.
(c) Fictitious names used, if any.
(d) The type of work performed.
(e) Other pertinent information required by the State Fire Marshal.
3. Upon passage of the written examination and any required practical tests or demonstrations, a certificate of registration endorsed with the type of qualification will be issued to each qualified person.
4. Information needed to pass the examination on portable fire extinguishers is found in:
(a) N.F.P.A. 10, “Standard for Portable Fire Extinguishers”; and
(b) NAC 477.380 to 477.435, inclusive.
5. Information needed to pass the examination on fixed fire extinguishing systems is found in:
(a) N.F.P.A. 12, “Standard on Carbon Dioxide Extinguishing Systems”;
(b) N.F.P.A. 12A, “Standard on Halon 1301 Fire Extinguishing Systems”;
(c) N.F.P.A. 17, “Standard for Dry Chemical Extinguishing Systems”;
(d) N.F.P.A. 17A, “Standard for Wet Chemical Extinguishing Systems”; and
(e) N.F.P.A. 2001, “Standard on Clean Agent Fire Extinguishing Systems.”
[St. Fire Marshal, §§ 1.410-1.413, eff. 11-27-78]—(NAC A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.400 New employees; termination of employment; change of address. (NRS 477.030, 477.033)
1. The provisions of NAC 477.385 do not prohibit new employees of a licensee from performing service on portable fire extinguishers for a maximum of 90 days after the beginning of employment, if the servicing is performed in the presence and under the direct supervision of a registrant.
2. A new employee shall not perform service on portable fire extinguishers if, after the completion of the 90-day period, he fails to pass a written examination and a background investigation. A conviction of a felony or crime which would demonstrate his lack of good character is a basis for denial of a certificate of registration.
3. Within 7 days after employing a registrant or new employee who performs service on portable fire extinguishers or fixed fire extinguishing systems, a licensee must report to the State Fire Marshal the name, address and certificate number of the registrant or the name and address of the new employee.
4. A licensee shall report any termination of employment by a registrant within 7 days. A registrant shall report any change in his address by written notice to the State Fire Marshal within 7 days after the change. The State Fire Marshal will issue a new certificate of registration to the registrant upon receipt of the written notice and the payment of the required fees.
[St. Fire Marshal, § 1.404, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.405 Approval of equipment; prohibited equipment; label required. (NRS 477.030)
1. No portable fire extinguisher or component of a fixed fire extinguishing system may be sold or leased in this State unless it has been approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC, Applied Research Laboratories, the United States Coast Guard or any other testing laboratory approved by the State Fire Marshal.
2. No portable fire extinguisher or fixed fire extinguishing system may be sold, leased, installed or serviced in this State if it uses as an extinguishing agent carbon tetrachloride, chlorobromomethane, methyl bromide, trichlortrifluoroethane or any other agent which has not been accepted by a laboratory approved under subsection 1. Any accepted fire extinguishing agents must be approved by the State Fire Marshal or his authorized representative. Plans for proposed Halon installations must be submitted to the State Fire Marshal or his authorized representative with an application for approval. No portable fire extinguisher containing Halon as an extinguishing agent may be sold or used except as approved by the authority having jurisdiction for use in commercial occupancies or other special applications.
3. Inverting type extinguishers may not be hydrostatically tested. Each such extinguisher which becomes due for hydrostatic testing must be permanently removed from service.
4. Each portable fire extinguisher must bear a label which includes the following information:
(a) The unit is a fire extinguisher.
(b) The manufacturer’s name.
(c) The date of manufacture.
(d) The designation of the model.
(e) The numerical rating and classification.
(f) The weight full and empty.
(g) The extinguishing agent.
(h) The test pressure determined by the manufacturer.
(i) The testing laboratory’s listing label.
(j) The freezing limits, if applicable.
Ê A label bearing this information must not be removed from the extinguisher except when it has failed to pass the tests or other requirements of this chapter.
[St. Fire Marshal, §§ 2.201-2.203, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.407 Advertising and sales: Fire extinguishers; devices for suppressing fire. (NRS 477.030)
1. A fire extinguisher not required by any code must be represented and advertised as not meeting the requirements for use where a fire extinguisher is required by any code, and misrepresentation is a ground for revocation of a license for the sale at retail of portable fire extinguishers.
2. A device for suppressing fire must not be sold or advertised as a fire extinguisher, provided as part of other sales, or represented, either orally or by written word, to be a fire extinguisher unless it meets the requirements for a fire extinguisher pursuant to this chapter.
(Added to NAC by St. Fire Marshal, 8-22-86, eff. 9-1-86; A by R220-99, 9-25-2000)
NAC 477.410 Installation, inspection, maintenance and repair; failure to comply. (NRS 477.030)
1. All installation, inspection, maintenance and repair of portable fire extinguishers and fixed extinguishing systems must be performed in accordance with N.F.P.A. 10, “Standard for Portable Fire Extinguishers,” and N.F.P.A. 17 and 17A, 2002 editions, and the State Fire Marshal.
2. Regardless of exceptions contained in the N.F.P.A.’s applicable standards, all portable fire extinguishers except the carbon dioxide extinguishers, disposable extinguishers and Halon extinguishers must be recharged at least annually and whenever the service seal has been broken or an inspection indicates that the extinguisher might fail to function. For the recharging of any dry chemical type of extinguishment cylinder to be valid, the serviceman must date and initial with a permanent marking pen on the topmost exposed portion of the pick-up tube before reassembly and recharging. The date on the pick-up tube must correspond to the date on the exterior service tag. Failure to date and initial the pick-up tube is grounds for the immediate suspension or revocation of a certificate of registration. If possible, a collar tag ring as required by N.F.P.A. 10 or an alternate collar tag ring that is approved by the State Fire Marshal must be installed at the time the extinguisher is recharged or serviced.
3. Nitrogen or approved dry air must be used as expellant when recharging dry chemical type extinguishers unless the manufacturer recommends otherwise.
4. Before a fire extinguishing system using Halon is accepted, a test as referenced in N.F.P.A. Standard 11A must be performed and recorded.
5. Within 30 days before the date on which an extinguisher must be serviced, the owner of a portable fire extinguisher may enter into a verbal service agreement for the service of that extinguisher. Failure to comply with the provisions of this section by a person who holds a certificate of registration is a ground for the immediate suspension or revocation of the certificate of registration, and the person who holds the certificate of registration may be criminally or civilly liable for fraud.
[St. Fire Marshal, §§ 2.301-2.303, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.415 Hydrostatic testing. (NRS 477.030)
1. Each person who performs hydrostatic testing of fire extinguishers manufactured in accordance with the specifications of the United States Department of Transportation must do so in accordance with the procedure specified by that Department for compressed gas cylinders and must have been qualified by a test administered by the State Fire Marshal and have received the proper license or certificate of registration, or both.
2. The procedure concerning the hydrostatic testing of cylinders listed by the United States Department of Transportation is set forth in the Compressed Gas Association’s pamphlet, Methods for Hydrostatic Testing of Compressed Gas Cylinders. The 1996 edition of the pamphlet is hereby adopted by reference. A copy of the pamphlet may be obtained from the Compressed Gas Association, 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151-2923, at a price of $43 for members and $79 for nonmembers.
[St. Fire Marshal, §§ 1.405 & 1.414, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.420 Replacement of extinguishers; failure to comply. (NRS 477.030) A licensee shall replace extinguishers removed from premises for servicing with spare extinguishers of equal or higher ratings during the period the extinguishers being serviced are removed. Failure to comply with the provisions of this section is a ground for the immediate suspension or revocation of the certificate of registration of the licensee.
[St. Fire Marshal, § 1.408, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.422 Response to call for service. (NRS 477.030) A licensee shall respond to a call for service from a customer, the State Fire Marshal or the authority having jurisdiction within 24 hours with proper equipment to repair or replace the fire protection equipment. If unable to respond, the licensee shall communicate with another licensee who is able to respond and repair or replace the equipment.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R220-99, 9-25-2000)
NAC 477.425 Service tags and labels. (NRS 477.030)
1. The tags used as records of service performed on fire extinguishers must be at least 4 inches long and 2 inches wide and must be in the following form:
2. Each tag must be signed by the holder of a certificate of registration and must be:
(a) Attached to the extinguisher by wire, string or a plastic tie; or
(b) A self-adhesive tag approved by the State Fire Marshal which is so attached as to be readily visible for inspection.
3. A label of suitable Mylar or equally durable material must be affixed by a heatless method to each shell of an extinguisher which is not listed by the United States Department of Transportation and which has passed a hydrostatic test. The label must show:
(a) The date on which the hydrostatic test was performed;
(b) The test pressure used; and
(c) The name of the person or agency licensed or certified by the State Fire Marshal which performed the test.
4. A sample of the tag and the label must be on file with the State Fire Marshal before they are used in the field.
[St. Fire Marshal, §§ 2.501-2.503, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86)
NAC 477.427 Allegation of failure to install internal maintenance tag. (NRS 477.030) If a written complaint is filed with the State Fire Marshal alleging failure of an agency that performs service to install an internal maintenance tag the State Fire Marshal may require the company who last performed service on the fire extinguisher in question to open the fire extinguisher for examination by the State Fire Marshal or his representative. If the allegation proves false, the person filing the allegation is responsible for charges incurred in the conducting of the inspection. If the allegation is made by the State Fire Marshal or his representative, the foregoing procedure is followed, and the company responsible for the unit will bear the cost of recharging the unit if the allegation proves true. The State Fire Marshal will bear the cost of recharging the unit if the allegation proves false.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.430 Fixed fire extinguishing systems: Evidence of capability to provide service; written agreement for maintenance; plans and specifications. (NRS 477.030)
1. The installer shall submit evidence of his capability to repair, recharge and restore fixed fire extinguishing systems within 24 hours after notification of a fire or a fault in the system. The installer’s evidence must include a showing that the installer has:
(a) The necessary equipment and certified personnel for the service;
(b) The necessary stock of parts, products and devices;
(c) A valid license issued by the State Contractors’ Board; and
(d) A certification and approval of a major manufacturer of fixed fire extinguishing systems which is acceptable to the State Fire Marshal.
2. Where a fixed fire extinguishing system is required by a statute, regulation or ordinance, a satisfactory written agreement for maintenance of the system must be provided. All such systems must be maintained under the supervision of qualified persons approved by the State Fire Marshal. A copy of the maintenance agreement along with proof that the firm or company providing the maintenance is adequately covered by liability insurance must be provided by the firm or company to the authority having jurisdiction. A tag conforming to the requirements of NAC 477.425 must be attached to all such systems. A person certified by the State Fire Marshal must be present whenever work is performed.
3. Detailed plans of such systems must be submitted to the authority having jurisdiction and must conform to applicable standards and meet the approval of the authority having jurisdiction. The specifications must require that a puff test of the system be performed by sending a charge of gas through the system to determine the presence of any obstructions. The test must be certified by the licensee as meeting the requirements of the National Fire Codes. That certification must be sent to the authority having jurisdiction. Plans must be drawn to an indicated scale and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to and approved by the authority having jurisdiction before the work starts. Where field conditions necessitate any substantial change from the approved plan, a corrected plan showing the system as actually built must be submitted, with the appropriate fee, to the authority having jurisdiction for approval. All changes must comply with the codes and standards, and any substantial change must be submitted to the authority having jurisdiction for review and be approved by the authority having jurisdiction before such a change may be made.
4. After a fire extinguishing system has been approved and installed, a copy of the system’s plans must be placed on the premises as required by the authority having jurisdiction. A fire extinguishing system installed in conformance to the requirements of the National Fire Codes is not required to be updated to later revisions in the National Fire Codes until the State Fire Marshal adopts those revisions by reference and the hazard which is to be protected is remodeled, removed or substantially altered.
[St. Fire Marshal, §§ 2.601-2.604, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.435 Reports; new employees; termination of employment; change of address. (NRS 477.030)
1. Each licensee shall report to the State Fire Marshal by December 31 of each year the name, address and certificate number of each registrant in his employ.
2. The State Fire Marshal will keep a list of the names, addresses and license and certificate numbers of all licensees and registrants.
3. Within 7 days after employing any new employee who will perform service on portable fire extinguishers or fixed fire extinguishing systems, a licensee shall report to the State Fire Marshal the name and address of the new employee and, if he is a registrant, the number of his certificate. Each licensee shall report terminations of employment of registrants within 7 days.
4. A change of address of any registrant must be reported by him to the State Fire Marshal within 7 days after the change. A new certificate will be issued upon notice and payment of the required fee.
5. A change of location of a licensed firm must be reported to the State Fire Marshal in writing within 7 days after the change. A new license will be issued upon approval of the new location by the State Fire Marshal and the payment of the prescribed fee.
6. Reports required by this chapter are public records and may be inspected at the office of the State Fire Marshal.
[St. Fire Marshal, §§ 2.401-2.405, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000)
PORTABLE BUILDINGS
NAC 477.440 Compliance with statutes and regulations; approval required before construction, placement or relocation. (NRS 477.030)
1. Each portable building in this State must comply with all statutes and regulations relating to educational facilities or other occupancy classifications, depending on the intended use of the building.
2. All plans for the construction and placement of portable buildings must be reviewed and approved by the authority having jurisdiction. The authority having jurisdiction shall inspect and approve the placement or relocation of a portable building, including, without limitation, available access for a fire department and water supply, before the building may be occupied.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.441 General requirements. (NRS 477.030)
1. A new or relocated portable building must:
(a) Be placed on a surface which is:
(1) Paved or composed of dirt or any other material which is noncombustible; and
(2) Free of combustible material.
(b) Have a skirt that is noncombustible or fire-resistant and which extends from the bottom of the portable building to ground level.
(c) Have a zone of at least 5 feet that extends outward from the bottom of the skirt and which is free of trash, debris, plants or any other combustible material in accordance with section 304 of the International Fire Code.
(d) Not be located within 60 feet of a permanent structure, except that a portable building may be located within 60 feet of a permanent structure if the location of the portable building is in compliance with section 503.1.3 of the International Building Code.
(e) Have at least two means of egress, as that term is defined by the International Building Code.
(f) Provide illumination for each egress.
(g) Be equipped with a fire extinguisher which has a minimum rating of 2A-10BC.
(h) Be provided with a fire alarm system, as required by the International Fire Code. If the portable building is designated for occupancy as a “Group B occupancy used for educational purposes” or as a “Group E occupancy,” the portable building must have an automatic and a manual fire alarm system, which is integrated with the fire alarm system in the primary building.
2. Except as otherwise provided in this subsection, if two or more portable buildings are placed next to each other, there must be no empty spaces between the buildings. If it is physically impossible to place portable buildings next to each other so that there are no spaces between the portable buildings, the space between the portable buildings must have a barrier to prevent combustible materials or debris from entering that space.
3. Flammable or combustible material may not be stored beneath a portable building.
4. Portable buildings may not be joined if there are windows or other openings on the joined wall other than doors that are designed and used as access between the buildings.
5. Portable buildings which abut or are grouped together must not exceed the total area allowed by the International Building Code for occupancies which are designated as “Type V-B.”
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.442 Safety requirements; approval of changes in use required; service of systems for heating, ventilating or air-conditioning. (NRS 477.030)
1. An existing portable building which has only one door to the exterior must be equipped with:
(a) A system for emergency lighting.
(b) An automatic fire sprinkler system as required by N.F.P.A. Standard 13 if:
(1) The maximum legal occupancy of the building exceeds 50 persons; or
(2) More than two portable buildings are joined together to be used for classrooms or assembly.
2. All other portable buildings must:
(a) Be in compliance with the codes for building, fire and life safety as adopted by this chapter or by the local authority having jurisdiction, whichever are more restrictive.
(b) Be equipped with a fire extinguisher which has a minimum rating of 2A-10BC.
(c) Have an automatic and a manual fire alarm system if:
(1) The maximum legal occupancy of the joined portable buildings exceeds 50 persons; or
(2) Three or more portable buildings are joined together.
(d) Have all alarm signals installed and connected to a main alarm system as required by N.F.P.A. Standard 72.
(e) If smoke detectors are required, have those detectors interconnected with the fire alarm system.
(f) If the portable building is used as a classroom or for any other purpose relating to education, have and maintain plans for fire drills and evacuation, which must be posted as prescribed by NRS 392.450.
3. No change in the use of a portable building described in subsection 2 may be made until the proposed change is reviewed and approved by the authority having jurisdiction for compliance with the adopted codes or this section.
4. A system for heating, ventilating or air-conditioning which:
(a) Is in a portable building described in subsection 2;
(b) Can circulate more than 2,000 cubic feet of air per minute; and
(c) Shuts down automatically,
Ê must be serviced quarterly. Records of the service must be maintained for 2 years for review by the authority having jurisdiction.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.444 Requirements for fire flow and proximity to fire hydrants. (NRS 477.030)
1. The authority having jurisdiction will designate the requirements for fire flow and approve the location of a site for a portable building based on the proximity and usability of available fire hydrants. If it is not possible to locate a portable building which is to be used as a classroom or for any other purpose relating to education in compliance with such requirements, the school district in which the building is to be placed may apply to the authority having jurisdiction to request an alternative means of compliance with the requirements.
2. There must be no obstruction between a hydrant and the areas to be protected. Access to a hydrant by fire trucks must not be obstructed. If necessary, a hydrant must be turned, moved or otherwise relocated to allow access to the hydrant by fire trucks.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.445 Maintenance of exterior areas. (NRS 477.030) The exterior areas around a portable building, including the areas under stairs or ramps, must be kept free and clear of accumulations of trash, weeds, dead grass, litter or any other flammable or combustible material, in accordance with the International Fire Code. Clearances from other buildings, services or hazards must be maintained as required by the building and fire codes adopted by the State Fire Marshal for all structures and buildings.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R062-04, 9-3-2004)
NAC 477.446 Access for vehicles. (NRS 477.030) Access for vehicles must be provided into any area where a portable building is located. Not less than two means of access which meet the requirements of the authority having jurisdiction or the International Fire Code, whichever is more stringent, must be provided, except that, if physical difficulties exist, the authority having jurisdiction may approve a single means of access.
(Added to NAC by St. Fire Marshal, eff. 2-17-94; A by R220-99, 9-25-2000; A by R062-04, 9-3-2004)
AUTOMATIC SPRINKLER SYSTEMS
Generally
NAC 477.455 Approval of equipment; compliance with International Fire Code and certain standards. (NRS 477.030)
1. No component or device of an automatic sprinkler system may be sold, leased or installed in this State unless it has been approved, labeled or listed by Underwriters Laboratories Inc., Underwriters’ Laboratories of Canada, FM Global Technologies LLC or any other testing laboratory approved by the State Fire Marshal as qualified to test such a component or device.
2. Automatic sprinkler systems must comply with the International Fire Code and the following standards of the N.F.P.A.:
(a) “Standard for the Installation of Sprinkler Systems,” Standard 13.
(b) “Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes,” Standard 13D.
(c) “Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height,” Standard 13R.
(d) “Standard for the Installation of Standpipe, Private Hydrants, and Hose Systems,” Standard 14.
(e) “Standard for Water Spray Fixed Systems for Fire Protection,” Standard 15.
(f) “Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems,” Standard 16.
(g) “Standard for the Installation of Stationary Pumps for Fire Protection,” Standard 20.
(h) “Standard for Water Tanks for Private Fire Protection,” Standard 22.
(i) “Standard for the Installation of Private Fire Service Mains and Their Appurtenances,” Standard 24.
(j) “Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems,” Standard 25.
[St. Fire Marshal, §§ 4.201 & 4.202, eff. 11-27-78]—(NAC A 1-19-84; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.460 Inspections and testing; notice of deficiencies; notice of discontinuance of service. (NRS 477.030)
1. Each automatic fire sprinkler system must be inspected quarterly. One of the quarterly inspections must be termed an annual inspection and be conducted in accordance with the provisions of subsection 2. The other quarterly inspections may be conducted by any responsible person, including an employee of a firm, who, in the opinion of the authority having jurisdiction, has sufficient knowledge of the system to conduct such inspections. The quarterly inspections must conform to the requirements of N.F.P.A. Standards 13 and 25. Records of inspection must be kept on-site for review by the authority having jurisdiction. Any deficiencies must be reported to the authority having jurisdiction if the owner or occupant has received notice of the deficiency and fails to correct the deficiency within 30 days. Systems which terminate within a station for central control for a high-rise building must be scheduled for testing in accordance with paragraph (e) of subsection 2 of NAC 477.283.
2. The annual inspection must be made by a qualified licensee for automatic fire sprinkler systems. The annual inspection must comply with the standards and publications described in subsection 1.
3. If a maintenance inspection indicates that additional work is required on a fire sprinkler system in order to have the system conform to code requirements, the licensee shall notify the owner and the authority having jurisdiction in writing immediately after the inspection. A tag must be properly signed, punched and attached. The word “deficient” must be written across the bottom of the tag.
4. A licensed company must give 30 days’ written notice to the owner, the occupant and the authority having jurisdiction before it may discontinue service to the owner or the occupant, or both.
[St. Fire Marshal, §§ 4.401-4.403, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.465 Evidence of capability to provide service; agreement for maintenance; plans and specifications; calculations; underground systems; letter of certification. (NRS 477.030)
1. The distributor, installer or agency to provide service to customers must submit evidence of its capability to repair and restore an automatic sprinkler system within 24 hours after notification of a fire or fault in the system and must repair a system within 24 hours after being notified by the owner that a system requires service. The evidence of that capability is subject to approval by the State Fire Marshal. The evidence must demonstrate that the licensee has:
(a) The necessary equipment and personnel appropriately certified by the State Fire Marshal;
(b) The necessary stock of parts and devices;
(c) A valid license issued by the State Contractors’ Board; and
(d) A certification and approval by the manufacturer from whom the equipment is purchased.
2. Where automatic sprinkler systems are installed for any reason, a satisfactory written agreement for the maintenance of the system must be provided. All systems must be under the supervision of qualified persons. No work may be performed on an automatic sprinkler system unless a holder of a certificate of registration is present to supervise the work. Proper tests and inspections must be made at prescribed intervals, and qualified persons must have general charge of all alterations and additions to the systems under their supervision. A copy of the agreement for maintenance, along with proof that the firm or company which will provide the maintenance is adequately covered by liability insurance, must be submitted by the firm or company to the authority having jurisdiction.
3. Detailed plans, with the appropriate fees, must be submitted to the authority having jurisdiction for approval. The specifications must state that the installation will conform to the applicable standards and be approved by the authority having jurisdiction before the sprinkler system is installed. The specifications must include the specific tests required by the N.F.P.A.’s standards and the standards required for the approval of the authority having jurisdiction. Plans must be drawn to an indicated scale or be suitably dimensioned and must be made so that they can be easily reproduced. Plans must contain sufficient detail to enable the authority having jurisdiction to evaluate the effectiveness of the system. Plans must be submitted to the authority having jurisdiction before work starts. Where field conditions necessitate any substantial change from the approved plan, the corrected plan showing the system as installed, with the appropriate fees, must be submitted to the authority having jurisdiction for approval. The authority having jurisdiction must inspect and approve any substantial changes before the job is completed. Plans must be on the job site when work is being done pursuant to the plan at that site.
4. Calculations must be established from the applicable design curve for sprinkler systems as shown in N.F.P.A. Standards 13, 13R, 231 and 231C. There must be not less than 10 psi additional water pressure above the system demand.
5. All hydrostatic tests of systems and flushing of underground systems must be witnessed by a representative of the authority having jurisdiction. All portions of the automatic fire sprinkler system, including the underground service from the gate valve, road box or check valve to the riser, must be installed, tested and flushed by a company licensed by the State Fire Marshal to perform this work. A company which holds a current Type G-U license may provide only the underground services from the gate valve, road box or check valve to the base of the riser. The company shall provide certification of the contractors’ materials and testing to the authority having jurisdiction upon the completion of the work. The underground services provided and the certification to be provided to the authority having jurisdiction must meet the requirements of NAC 477.340 to 477.350, inclusive, and the standards of the N.F.P.A. for automatic fire sprinkler systems.
6. Upon completing the installation of an automatic sprinkler system, the licensee shall issue a letter of certification to the authority having jurisdiction. The letter must certify that the system has been installed in accordance with the approved plans and all applicable national, state and local codes. The installer shall properly identify all hydraulically designed automatic sprinkler systems with a permanently attached placard. The placard must show the location and number of sprinkler heads and the density of discharge over the designed area.
[St. Fire Marshal, §§ 4.301-4.303 & part § 4.304, eff. 11-27-78]—(NAC A 1-19-84; 3-9-89; 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.470 Service tags. (NRS 477.030)
1. A tag for recording maintenance of automatic sprinkler systems must be at least 4 inches long and 2 inches wide and must be in the following form:
2. If the system has an outside screw and yolk valve which is not electrically supervised, the tag must serve as a seal for the valve. If the outside screw and yolk valve is electrically supervised, the tag must be attached in such a manner that the valve may be closed for testing of the supervision without removing the tag.
3. The last person to work on an automatic sprinkler system for any purpose must attach the tag to the valve. The tag must be punched to indicate the type of service which was performed on the system and the date. The service tag must be signed by the holder of the certificate of registration supervising the work.
4. A tag must be attached to the system at the conclusion of the successful testing of the system immediately after its installation.
[St. Fire Marshal, part §§ 4.304 & 4.305, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86)
Residential Systems
NAC 477.480 Applicability. (NRS 477.030) The provisions of this section and NAC 477.483 and 477.490 apply to all:
1. Persons within or conducting business within this State, without restriction.
2. Sprinkler systems and components installed after November 27, 1978, within one- and two-family dwellings and mobile homes in this State.
[St. Fire Marshal, §§ 5.101 & 5.102, eff. 11-27-78]—(NAC A 1-19-84; R220-99, 9-25-2000)
NAC 477.483 Requirements for installation. (NRS 477.030, 477.033)
1. A firm must be licensed by the State Fire Marshal and the State Contractors’ Board to install a fire sprinkler system in any one- or two-family dwelling or mobile home.
2. The installation of a system may not begin until the plans for the job are approved by the authority having jurisdiction. An approved set of plans must be on the job site and available for inspection during all working hours.
3. A person holding a certificate of registration issued by the State Fire Marshal must be on the job site while the system is being installed.
4. Except as otherwise provided in subsection 5, all workmanship must conform to the requirements of this chapter and N.F.P.A., Standard 13-D.
5. Each component must be installed in accordance with the requirements set forth in subsection 4 or the manufacturer’s recommendations as work progresses.
6. The firm that installs the system shall:
(a) Certify, in a letter to the authority having jurisdiction, that the work meets the requirements of N.F.P.A. Standard 13-D and the State Fire Marshal. The letter must be sent within 10 days after the completion of the job.
(b) Attach to the system a metal tag that includes the firm’s name and address and the date of the installation.
7. If a manufacturer’s process or listing is used for any portion of the installation, that process or listing number must be noted on the submitted plans.
(Added to NAC by St. Fire Marshal, eff. 8-24-90)
NAC 477.490 Plans required before installation or modification. (NRS 477.030)
1. Plans must be submitted to and approved by the authority having jurisdiction before any system is installed or modified. Plans must contain:
(a) The name of the company installing the system.
(b) The general location and exact address of the job location.
(c) A rough plot plan showing water supply and property lines in relation to the installation site.
(d) Water pressure at the installation site.
(e) A rough floor plan with system coverage indication.
(f) Any additional information required by the authority having jurisdiction.
2. The authority having jurisdiction may require additional plans, documentation of testing data, engineering specifications and equipment as deemed necessary.
[St. Fire Marshal, §§ 5.301 & 5.514, eff. 11-27-78]—(NAC A by R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.540 Inspection and testing. (NRS 477.030)
1. The authority having jurisdiction may inspect a fire sprinkler system at any time during its installation. The authority having jurisdiction may witness any tests of the system. The licensee shall contact the authority having jurisdiction and schedule witnessing of any required testing, including, without limitation, final acceptance tests.
2. The owner of any fire sprinkler system installed in accordance with this chapter and N.F.P.A. Standard 13D shall conduct or cause to be conducted an annual test of the system. The firm that installed the system shall provide the owner with written instructions on the method of testing it. These instructions must include the location of the inspector’s test valve, which must drain to the exterior of the building, the location of the water flow alarm mechanism and the location of the riser assembly. The annual test of the system is the responsibility of the owner of the system.
(Added to NAC by St. Fire Marshal, eff. 8-24-90; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
INSTITUTIONAL BUILDINGS
NAC 477.550 Scope; applicability. (NRS 477.030) NAC 477.555:
1. Prescribes classifications for health care facilities to provide a basis for code approval of licensing pursuant to NRS 477.030 and chapter 449 of NRS.
2. Applies to all health care facilities in this State.
[St. Fire Marshal, §§ 6.101 & 6.102, eff. 11-27-78]
NAC 477.555 Identification; occupancy. (NRS 477.030)
1. Institutional buildings are those used for:
(a) Purposes such as medical or other treatment or care of persons suffering from a physical or mental illness, disease or infirmity;
(b) The care of infants, convalescents or aged persons; and
(c) Penal or corrective purposes.
2. Institutional buildings provide sleeping facilities for the occupants and are occupied by persons who are incapable of caring for themselves because of age, physical or mental disability or because of security measures not under the occupants’ control.
3. Institutional facilities are classified into three groups for the purpose of identification:
(a) Medical facilities;
(b) Custodial care facilities, which include, without limitation, residential and group facilities; and
(c) Restrained care facilities.
4. The permissible occupancy of an institutional building must be determined according to the standards approved by the State Fire Marshal.
[St. Fire Marshal, §§ 6.201 & 6.202, eff. 11-27-78]—(NAC A 1-19-84; 8-22-86, eff. 9-1-86; 3-9-89; R220-99, 9-25-2000)
NAC 477.560 Device for detection of products of combustion. (NRS 477.030) In all medical facilities, custodial care facilities and restrained care facilities, a device for detection of the products of combustion, other than by detecting heat, must be installed pursuant to section 12.3.4.5 of pamphlet 101 in the 1997 edition of the National Fire Codes, published by the N.F.P.A.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-22-86, eff. 9-1-86; R220-99, 9-25-2000; R062-04, 9-3-2004)
CHILD CARE FACILITIES
NAC 477.562 General requirements. (NRS 477.030) The following requirements apply to child care facilities that require inspection and a certificate of occupancy to be issued by the authority having jurisdiction:
1. Plans for the construction of new facilities or the remodeling of existing facilities must be submitted to the authority having jurisdiction for approval before the construction or remodeling begins.
2. Each facility must be inspected for compliance with applicable fire and safety regulations by the authority having jurisdiction before a license to operate the facility is issued. The facility must be inspected annually thereafter and have a current certificate of occupancy issued by the authority having jurisdiction.
3. Smoke detectors approved by the State Fire Marshal must be installed pursuant to the manufacturer’s instructions. In newly constructed buildings, smoke detectors must receive their primary power from the building’s wiring, with provision made for the detection of smoke during a power failure. If a smoke detector powered by a battery is currently installed and it fails, the smoke detector must be replaced by a smoke detector which receives its primary power from the wiring of the building and has a battery as a backup source of power.
4. The number of occupants permitted in a facility must be calculated pursuant to N.F.P.A. Standard 101, or chapters 449 and 477 of NRS, as appropriate.
5. Smoking is prohibited in any area designated as an “E” occupancy area unless the area has specifically been designated as a smoking area by the authority having jurisdiction. Where smoking is allowed, ashtrays must be provided.
6. All stairs must be free of obstacles and stored combustible materials. Handrails with turn-ins must be provided if there are two or more steps in any stairway.
7. Bathroom and closet doors must open from the inside without the need for a key or any special knowledge or effort and must be able to be immediately opened from the outside with the use of an appropriate device hung or placed above or near the door.
8. Basements in R-3 occupancies used for child care must have at least two unobstructed exits which lead directly to the outside, one of which must open directly at ground level.
9. Portable fire extinguishers must have a minimum rating of 2A-10BC and must be mounted pursuant to the requirements of N.F.P.A. Standard 10 or the authority having jurisdiction.
10. Heaters, fireplaces or other similar devices in rooms used for child care must be protected from contact with children by a sturdy, noncombustible partition, wire screen or protective metal guard. No portable heating devices are allowed.
11. All heating equipment and hot water heaters must be enclosed in a manner which prevents children from coming into contact with them.
12. Child-resistant covers must be installed on all electrical outlets accessible to children.
13. Wastebaskets, garbage cans and other containers used to store garbage, waste, rubbish and other combustible materials must be constructed of noncombustible materials and have a tight-fitting lid of the same material. Wastebaskets or other trash containers placed in the designated smoking areas must be constructed of noncombustible materials with a tight-fitting lid of the same material.
14. No more than 10 gallons of flammable liquid may be stored in any area designated as an “E” area. This flammable liquid must be stored in an approved metal container and out of the reach of children.
15. Rooms in which equipment is used or where flammable liquids, combustible dust or similar hazardous materials are handled must be separated from other portions of the building by a material which has a rating of at least 1-hour fire barrier and must conform to the requirements of the International Building Code.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 2-17-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.563 Classification. (NRS 477.030) The buildings used for child care facilities must be classified pursuant to the model codes approved by the State Fire Marshal.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.564 Single-family residential occupancy interpreted. (NRS 477.030)
1. For the purposes of this chapter, a child care facility that is being used as a foster home and which provides care for not more than 16 children shall be deemed to be a single-family residential occupancy.
2. As used in this section, “foster home” has the meaning ascribed to it in NRS 424.014.
(Added to NAC by St. Fire Marshal, eff. 2-17-94)
NAC 477.566 Devices for detection of products of combustion. (NRS 477.030) Devices for the detection of the products of combustion, other than heat, must be installed in every building which is used for the care of children. The devices must be installed in accordance with section 907.2.10 of the International Building Code and N.F.P.A. Standard 72 if so required by the authority having jurisdiction.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-22-86, eff. 9-1-86; 8-24-90; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.568 Sprinkler system for certain child care facilities used after midnight. (NRS 477.030) Child care facilities which are used for child care between the hours of 12 a.m. and 6 a.m. and care for seven or more children must have a sprinkler system installed which conforms to N.F.P.A. Standard 13, 13D or 13R, as applicable, and the requirements of the International Building Code. The sprinkler system must be tied into the fire alarm system so that activation of any portion of the sprinkler system will activate the alarm system.
(Added to NAC by St. Fire Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004)
FIREWORKS
General Provisions
NAC 477.571 Definitions. (NRS 477.030) As used in NAC 477.571 to 477.666, inclusive, unless the context otherwise requires, the words and terms defined in NAC 477.576 to 477.596, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R207-99, 2-7-2000)
NAC 477.576 “Commercial display” defined. (NRS 477.030) “Commercial display” of fireworks means an event or function where the public or a private group is admitted or permitted to view the display or discharge of fireworks.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R062-04, 9-3-2004)
NAC 477.587 “Flame effects assistant” defined. (NRS 477.030) “Flame effects assistant” means a person who works under the supervision of a flame effects operator on flame effects before an audience.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.5875 “Flame effects before an audience” defined. (NRS 477.030) “Flame effects before an audience” means the combustion of flammable solids, liquids or gases to produce thermal, physical, visual or audible phenomenon for entertainment, exhibition, demonstration or simulation before a proximate audience, including, without limitation, a rehearsal, videotaping, audiotaping or filming of any television, radio or movie production when such a production is conducted before an audience and flame effects are used.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.588 “Flame effects operator” defined. (NRS 477.030) “Flame effects operator” means the specific natural person who has primary responsibility for:
1. The controlled use of flame effects, including, without limitation, the storage, setup, maintenance, operations and tear down of the materials, devices, equipment and systems used with the flame effects; and
2. The supervision of any flame effects assistants working for the flame effects operator.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.589 “Magician” defined. (NRS 477.030) “Magician” means a person who holds a certificate of registration pursuant to which he may handle and discharge flash paper, flash cotton, flash string, and solid and powder smoke composition that is either in solid or powdered form.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.591 “Pyrotechnic composition” defined. (NRS 477.030) “Pyrotechnic composition” means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.594 “Show specific” defined. (NRS 477.030) “Show specific” means a fixed show at a permanent site or location.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.596 “Special effect” defined. (NRS 477.030) “Special effect” means a device containing a pyrotechnic composition which is manufactured and assembled, designed or discharged in connection with a television, theatrical or motion picture production which may or may not be presented before a live audience.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.601 Exemptions. (NRS 477.030) The provisions of NAC 477.571 to 477.666, inclusive, do not apply to:
1. Arms and handguns regulated by 18 U.S.C. §§ 921 et seq.
2. Activities conducted by the Department of Defense or by a contractor of the Department of Defense in connection with the transportation of, or experimentation on, missiles and rockets.
3. Paper caps containing less than 0.25 grain or pyrotechnic composition per unit load.
4. Tracer bullets or charges which are used at a qualified rifle or shotgun range or by military or naval personnel or peace officers.
5. Devices for signals used in connection with the operation of railroads or other forms of transportation.
6. The purchase at retail or use of fireworks which are designated as “safe and sane,” or not dangerous, and which are classified as Class C.
7. The use, after purchase at retail, of fireworks which are designed and intended by the manufacturer for the prevention of damage to crops or the unwanted occupancy of areas by animals or birds through the use of sound or light, or both.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000)
Commercial Displays
NAC 477.606 License required. (NRS 477.030, 477.033) No person may engage in the business of producing commercial displays of fireworks without possessing a license issued by the State Fire Marshal. Conducting commercial displays of fireworks includes the display or discharge of fireworks at an entertainment before the public or a private group which has been admitted or permitted to view the display.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R062-04, 9-3-2004)
NAC 477.611 Application for license; categories, classifications and fees. (NRS 477.030, 477.033) An applicant for a license for producing commercial displays of fireworks must:
1. Make written application on the forms provided.
2. Indicate on the application which category of license and classification he desires to obtain and pay the appropriate inspection and issuance fee, as follows:
General category:
Indoor stage.......................................................................................................................... $110
Outdoor aerial......................................................................................................................... 110
Special effects......................................................................................................................... 110
Show specific.......................................................................................................................... 110
Limited event license (exempt)................................................................................................ no fee
Special classification: Propane, natural gas or solids
License category:
Permanent (pulling permits to install system)....................................................................... $110
Temporary (self-contained effects for not more than 30 days).............................................. 110
Special effects......................................................................................................................... 110
3. Furnish the Division with the required certificate of insurance.
4. Sign the application as follows:
(a) If the applicant is a sole proprietorship, by the proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by an officer.
5. Cooperate with the State Fire Marshal in the investigation of the applicant’s application.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000)
NAC 477.616 Categories of licenses; requirements for producing display. (NRS 477.030, 477.033)
1. Licenses will be issued to companies in one of the following categories:
(a) A general license permits the licensee to produce commercial displays of fireworks in one of the following categories:
(1) Indoor stage;
(2) Outdoor aerial;
(3) Special effects; or
(4) Show specific.
Ê A general license is valid until June 30 following its date of issue.
(b) A limited event license permits a nonprofit organization to produce a specific display of fireworks or series of displays at the time or times and location specified by the license subject to local requirements for a permit. A limited license is valid for the single event or series of events which it specifies.
(c) A nonprofit organization must obtain a limited event license (exempt) for a Fourth of July event. The license will be issued without payment of a fee. The nonprofit organization must:
(1) Show evidence of valid insurance which covers the event or series of events;
(2) Require that all persons who participate in producing the display or series of displays complete the prescribed training program provided by the State Fire Marshal; and
(3) Obtain a certificate of registration for the person who will be responsible for the show and the safety of the participants and spectators.
2. A license issued in one of these categories does not permit the licensee to engage in activities permitted by another, more general, category.
3. In producing a commercial display of fireworks a licensee must:
(a) Obtain any permit or permits required by local authority; and
(b) Employ only pyrotechnic operators who are registered with the State Fire Marshal to conduct the display or discharge of the fireworks.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.618 Insurance. (NRS 477.030, 477.033) The applicant must furnish the State Fire Marshal with a certificate of insurance from a company authorized to provide such insurance in this State which evidences the following:
1. Minimum coverage for bodily injury arising out of the conduct of commercial displays of fireworks of:
(a) For each person, $100,000; and
(b) For each occurrence, $1,000,000.
2. Minimum coverage for property damage arising out of the conduct of commercial displays of fireworks of $1,000,000.
3. Fifteen days’ written notice by the insurer to the State Fire Marshal of its intention to cancel the policy.
4. Inclusion of any pyrotechnic operator employed by the licensee, either as an employee or as an independent contractor, as an additional named insured.
5. Specific exclusion of the State from any responsibility for the payment of any premium or assessment required by the policy of insurance.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 2-17-94; R207-99, 2-7-2000)—(Substituted in revision for NAC 477.621)
Licenses and Certificates of Registration
NAC 477.620 Magicians: Certificate required; qualifications; fee; authorized acts. (NRS 477.030, 477.031)
1. Before a person may act as a magician, the person must obtain a certificate of registration as a magician from the State Fire Marshal. To receive a certificate of registration as a magician, a person must:
(a) Be a natural person who is at least 21 years of age;
(b) Make a written application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal; and
(c) Pay an initial fee of $27.50.
2. A holder of a certificate of registration as a magician may handle and discharge flash paper, flash cotton, flash string, and solid and powder smoke composition that is either in solid or powdered form. The areas made hazardous by these devices must be within the immediate reach of the magician to whom the certificate of registration is issued, not to exceed a distance of 12 feet.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.622 Assistant pyrotechnic operators: Certificate required; qualifications; fee; authorized acts. (NRS 477.030, 477.031)
1. Before a person may act as an assistant pyrotechnic operator, the person must obtain a certificate of registration as an assistant pyrotechnic operator from the State Fire Marshal. To receive a certificate of registration as an assistant pyrotechnic operator, an applicant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make a written application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal;
(c) Pass, with a score of at least 85 percent, a written test based on the content of N.F.P.A. 1126 and the regulations of the State Fire Marshal; and
(d) Pay an initial fee of $27.50.
2. A person who holds a certificate of registration as an assistant pyrotechnic operator may load, build and pack any product used in pyrotechnic effects only under the direct supervision of a holder of a certificate of registration as a pyrotechnic operator.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.624 Pyrotechnic operators: Certificate required; qualifications; application and fee for certificate. (NRS 477.030, 477.031) Before a person may act as a pyrotechnic operator, the person must obtain a certificate of registration as a pyrotechnic operator from the State Fire Marshal. To receive a certificate of registration as a pyrotechnic operator, an applicant must:
1. Be a natural person who is at least 21 years of age;
2. Make a written application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal and pay a fee of $55;
3. Hold a certificate of registration as an assistant pyrotechnic operator issued by the State Fire Marshal, or be licensed or certified in good standing as a pyrotechnic operator by another state, as approved by the State Fire Marshal;
4. If the applicant holds a certificate of registration as an assistant pyrotechnic operator, pass, with a score of at least 80 percent, a final examination that covers the design, construction, storage and use of fireworks; and
5. Submit to the State Fire Marshal:
(a) A log which demonstrates that the applicant has worked on at least 15 different shows during the 3 years immediately preceding the date on which he applies for the certificate of registration as a pyrotechnic operator; and
(b) Letters of endorsement from three persons who hold certificates of registration as a pyrotechnic operator issued by the State Fire Marshal, or are licensed or certified as a pyrotechnic operator in good standing by another state.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000; A by R062-04, 9-3-2004)
NAC 477.626 Pyrotechnic operators: Certification required; supervision of assistant. (NRS 477.030) No person may purchase pyrotechnics for the purposes of commercial display or prepare, handle, detonate, display or discharge fireworks or special effects without having first obtained a valid certificate of registration as a pyrotechnic operator for indoor stage, outdoor aerial, special effects or show specific. An assistant to a certified pyrotechnic operator must be under the supervision of the certified pyrotechnic operator.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.628 Pyrotechnic operators on show specific: Certificate required; qualifications; fee. (NRS 477.030, 477.031) Before a person may act as a pyrotechnic operator on a show specific, the person must obtain a certificate of registration for show specific from the State Fire Marshal. To receive a certificate of registration for show specific, an applicant must:
1. Be a natural person who is at least 21 years of age;
2. Make a written application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal and pay a fee of $55;
3. Meet the minimum requirements for receiving a certificate of registration as an assistant pyrotechnic operator;
4. Submit to the State Fire Marshal a log that demonstrates that the applicant has worked on at least 50 performances of the show;
5. Have evidence that he has been employed with the show for at least 90 days; and
6. Have a letter of endorsement from:
(a) A holder of a certificate of registration as a pyrotechnic operator or certificate of registration for show specific; and
(b) A representative of the license holder for the show, including, without limitation, a representative of the hotel or property at which the show is performed or the producer of the show.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.630 Fire performers: Certificate required; qualifications; application and fee for certificate. (NRS 477.030, 477.031)
1. Before a person may act as a fire performer, the person must obtain a certificate of registration as a fire performer from the State Fire Marshal.
2. An applicant for a certificate of registration as a fire performer must:
(a) Be a natural person;
(b) Make a written application for a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal;
(c) Submit to the State Fire Marshal a resume of the experience of the applicant and a description of all safety precautions used by the applicant; and
(d) Pay an application fee of $27.50.
3. As used in this section, “fire performer” means an entertainer or other performer who performs work for an audience using an open flame.
(Added to NAC by St. Fire Marshal by R062-04, eff. 9-3-2004)
NAC 477.631 Flame effects assistant: Certificate required; qualifications; fee. (NRS 477.030, 477.031)
1. Before a person may act as a flame effects assistant to provide flame effects before an audience, the person must obtain a certificate of registration as a flame effects assistant from the State Fire Marshal.
2. An applicant for a certificate of registration as a flames effect assistant must:
(a) Be a natural person who is at least 21 years of age;
(b) Make written application on the form provided, including the application fee of $27.50;
(c) Indicate on the application which category of certificate he wishes to obtain, such as natural gas, propane or solids, and include the appropriate fee for that category; and
(d) Successfully pass, with a score of at least 85 percent, a preliminary written examination which includes questions concerning basic safety from N.F.P.A. 160 and this chapter.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 8-24-90; 2-17-94; R207-99, 2-7-2000)
NAC 477.633 Flame effects operator: Certificate required; qualifications; fee. (NRS 477.030, 477.031)
1. Before a person may act as a flame effects operator to provide flame effects before an audience, the person must obtain a certificate of registration as a flame effects operator from the State Fire Marshal.
2. An applicant for a certificate of registration as a flame effects operator must:
(a) Be a natural person who is at least 21 years of age;
(b) Make a written application for such a certificate of registration to the State Fire Marshal on a form provided by the State Fire Marshal, including an application fee of $55;
(c) Indicate on the application the classification for which the applicant is applying, such as natural gas, propane or solids, and include the appropriate fee for that category;
(d) Hold a certificate of registration as a flame effects assistant issued by the State Fire Marshal or be licensed or certified in good standing by another state to provide flame effects before an audience, as approved by the State Fire Marshal; and
(e) Submit to the State Fire Marshal a certificate of completion or other such documentation that demonstrates that the applicant has successfully completed a course approved by the State Fire Marshal that pertains to the classification of certification, such as natural gas, propane or solids, sought by the applicant.
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.635 Flame effects operator or flame effects assistant: Renewal of certification; fees. (NRS 477.030, 477.031) A certificate of registration as a flame effects operator or flame effects assistant must be renewed annually. An applicant for the renewal of a certificate of registration as a flame effects operator or flame effects assistant, as appropriate, must submit to the State Fire Marshal:
1. An application for the renewal of the certificate of registration and a fee of $55 for an operator or $27.50 for an assistant; and
2. A log which indicates the number of events or performances which the applicant had during the previous 12 months. To get a certificate of registration renewed, the applicant must, for each classification sought to be renewed, have logged the following number of events or performances during the previous 12 months:
Events using propane.......................................................................... At least two performances
Events using natural gas..................................................................... At least two performances
Events using solid fuel.......................................................................... At least one performance
(Added to NAC by St. Fire Marshal by R207-99, eff. 2-7-2000)
NAC 477.636 Certificates: Categories; authorized acts; duration. (NRS 477.030)
1. Certificates of registration for pyrotechnic operators will be issued to successful applicants. Such a certificate of registration permits the registrant to handle, supervise and discharge fireworks and special effects at events held for entertainment whether or not before a live audience. The certificate of registration will be issued for outdoor aerial display, indoor stage, special effects or show specific. Any person igniting fireworks must be at least 21 years of age.
2. A certificate of registration for indoor stage or special effects permits the registrant to handle, supervise and discharge special effects for the purpose of recording the result on film or videotape or for producing a sound effect where no audience is present other than incidental spectators. A registrant in this category may handle, supervise or discharge any class of fireworks if the production of a film or videotape requires their use.
3. A certificate of registration issued pursuant to this section is valid until June 30 following its date of issue.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 3-9-89; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.641 Renewal of license or certificate: Requirements; fees. (NRS 477.030, 477.031, 477.033)
1. A licensee or registrant who wishes to renew his license or certificate must do so between April 1 and June 1, inclusive.
2. Fees for the renewal of a certificate of registration are as follows:
|
Assistant pyrotechnic operator................................................................................ |
.... $27.50 |
|
Indoor stage............................................................................................................. |
...... 55.00 |
|
Outdoor aerial.......................................................................................................... |
...... 55.00 |
|
Special effects.......................................................................................................... |
...... 55.00 |
|
Show specific........................................................................................................... |
...... 55.00 |
|
Magician.................................................................................................................. |
...... 27.50 |
|
Fire Performer.......................................................................................................... |
...... 27.50 |
|
Duplicate certificate of registration or change of address....................................... |
...... 11.00 |
3. To renew a certificate of registration, the holder of the certificate of registration must, for each classification sought to be renewed, have logged the following number of events or performances during the previous 12 months:
|
Outdoor aerial............................................................................ |
..... At least one performance |
|
Indoor stage............................................................................... |
... At least five performances |
|
Special effects........................................................................... |
. At least three performances |
|
Show specific............................................................................ |
..... At least 10 performances |
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.646 Disciplinary action; reports of incidents; transfer of fireworks, special effects and pyrotechnic devices. (NRS 477.030, 477.033)
1. The State Fire Marshal may suspend, revoke or refuse to renew a license for commercial displays of fireworks or a certificate of a pyrotechnic operator if the licensee or registrant has caused injuries or permitted a fire hazard at a location at which he:
(a) Stores, handles or prepares fireworks, special effects or pyrotechnic devices; or
(b) Produces or conducts a commercial display of fireworks or special effects.
2. If an incident results from a fire hazard caused or permitted by a licensee or registrant, he shall immediately submit to the State Fire Marshal a report explaining the incident. The failure to make this report is grounds for immediate revocation of the license or certificate.
3. A person whose license or certificate has been revoked must dispose of the fireworks, special effects or pyrotechnic devices in his possession within 10 days after receiving written notice to do so by the State Fire Marshal. In complying with this subsection, the licensee or registrant shall transfer the fireworks, special effects or pyrotechnic devices only to a person who is licensed to produce commercial displays of fireworks or who is otherwise permitted to lawfully purchase and possess fireworks or pyrotechnic devices. Upon the transfer of the fireworks, special effects or pyrotechnic devices, the licensee or registrant shall submit a written report to the State Fire Marshal which includes the name, license number, address and telephone number of the person to whom the fireworks, special effects or pyrotechnic devices were transferred.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; R220-99, 9-25-2000; R062-04, 9-3-2004)
NAC 477.651 Records; reports of disappearance; investigation. (NRS 477.030)
1. Each licensee or registrant shall maintain a complete record of the construction, manufacture, import, export, sale or other disposition for all fireworks and pyrotechnic devices which come into his possession. The record must identify the materials by kind or class of fireworks or pyrotechnic composition.
2. Each licensee or registrant shall report the theft, loss or other disappearance of any fireworks, pyrotechnic devices or other pyrotechnic compositions. The report must include identification of the quantity, type, kind and class of the missing materials, the location of the loss or disappearance and the circumstances in which the loss or disappearance occurred.
3. The State Fire Marshal, or the fire department or law enforcement agency in whose jurisdiction the loss of the fireworks or pyrotechnic devices occurred, will investigate the circumstances in which the loss or disappearance occurred and will attempt to recover the missing material.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R220-99, 9-25-2000)
NAC 477.661 Prohibited acts; seizure and disposal of fireworks. (NRS 477.030)
1. No person may:
(a) Use or discharge:
(1) A special effect or firework unless he is a pyrotechnic operator certified by the State Fire Marshal.
(2) A firework of any class or type within 100 feet of stored gasoline or other flammable liquid which is listed as Class I in N.F.P.A. Standard 30 or any other combustible material.
(b) Display or discharge a firework at a commercial display of fireworks in such a manner as to endanger any person.
(c) Discharge fireworks of any class in a county where the discharge of the fireworks is prohibited.
2. If the authority having jurisdiction believes that fireworks which create an imminent danger to life or property will be discharged in violation of this subsection, the authority having jurisdiction may seize the fireworks without notice.
3. The authority having jurisdiction will take and retain possession of fireworks seized in accordance with this section during any judicial or administrative proceedings involving the fireworks and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.
4. Any person whose fireworks are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; 8-23-94; R220-99, 9-25-2000; R062-04, 9-3-2004)
Storage
NAC 477.663 General requirements. (NRS 477.030, 477.031)
1. No person may maintain or permit the existence of a fire hazard at any location under his control where fireworks or pyrotechnic compositions are displayed, discharged or stored.
2. A permit issued by the State Fire Marshal is required for the storage of fireworks classified as Division 1.3G, Division 1.4G or Division 1.14S by 18 U.S.C. §§ 841 et seq. and N.F.P.A. Standard 1124, except for:
(a) Fireworks classified as consumer fireworks that are stored at a retail outlet for sale as approved by the State Fire Marshal or pursuant to a permit issued by the State Fire Marshal after an inspection of the site is made;
(b) Fireworks for public display or special effects stored at the site of firing for immediate use; and
(c) Storage of material for special effects which weighs less than 10 pounds.
3. Fees for permits for storage are as follows:
(a) A building for permanent or temporary storage.............................................................. $220
(b) Type 1 magazine................................................................................................................ 220
(c) Type 2, 3 or 4 magazine..................................................................................................... 110
4. Fireworks must be stored in compliance with the requirements of the International Building Code and Standard 1124 of the National Fire Codes of the N.F.P.A. Material for special effects which weighs less than 750 pounds may be stored in a single-story structure which is fully equipped with fire sprinklers and which otherwise conforms to the requirements for a Type V-A rated building as described in the International Building Code. Material for special effects which weighs 750 pounds or more must be stored in a magazine approved for that purpose.
5. The State Fire Marshal will, as he determines necessary, inspect each site used for storage of fireworks to determine if the fireworks are stored properly according to their class or type.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.666 Seizure and disposal of fireworks. (NRS 477.030)
1. Fireworks stored in violation of NAC 477.571 to 477.666, inclusive, which have become chemically unstable or which are in the possession of a person who is not a licensee or registrant or whose license or certificate has been suspended are hereby declared to be fire hazards and may be seized and disposed of by the authority having jurisdiction. Except as otherwise provided in this subsection, the seizure may take place only after reasonable advance written notice is given to the holder of the permit who stores the fireworks unless there exists an imminent threat of danger to life or property. If such a threat exists, those fireworks which create an imminent threat of danger to life or property may be seized without notice by the authority having jurisdiction.
2. The officer seizing the fireworks must promptly report to the State Fire Marshal concerning:
(a) The quantity and type of the fireworks seized;
(b) The location where the seizure occurred;
(c) The circumstances prompting the seizure; and
(d) The condition of the containers and fireworks seized. Fireworks that are found to be unstable or incompatible must be destroyed.
3. The authority having jurisdiction will take and retain possession of the seized fireworks during any judicial or administrative proceedings involving the fireworks and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.
4. Any person whose fireworks are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.
5. Fireworks transported in violation of any applicable federal or state law or regulation will be seized and impounded. The explosive load of any impounded firework must not be separated unless necessary to remove unstable or incompatible materials. Materials that are found to be unstable or incompatible will be destroyed at the expense of the owner or possessor, or both.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004)
CONTAINERS FOR FLAMMABLE OR COMBUSTIBLE LIQUIDS
NAC 477.680 Sale of nonmetallic portable containers prohibited. (NRS 477.030) No person may sell or offer for sale any plastic or other nonmetallic portable container for use in storage or transportation of Class I or Class II flammable or combustible liquids.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R062-04, 9-3-2004)
NAC 477.690 Letter of compliance; required label. (NRS 477.030) Manufacturers must furnish the State Fire Marshal with a letter of compliance for each model and size container for which approval is sought. Each letter of compliance must include the label of the testing laboratory, the model number, the capacity, the safety instructions relevant to the type of liquid for which the container is to be used and the name of the liquid for which the container is to be used.
(Added to NAC by St. Fire Marshal, eff. 1-19-84; A by R220-99, 9-25-2000)
NAC 477.695 Color and lettering. (NRS 477.030) Gasoline containers must be solid red in color and bear the word “gasoline.” Kerosene containers shall be solid blue or solid white in color and bear the word “kerosene.” Lettering on both containers must be 1-inch high and of a contrasting color in bold-faced type.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
NAC 477.700 Spouts; vents; closures. (NRS 477.030) Containers must be provided with an integral pouring spout, or designed to accept a pouring spout supplied with the container. Containers must be equipped with a vent which activates upon the building up of excessive pressure within the container. All openings in the container must be equipped with threaded closures containing gaskets resistant to deterioration by petroleum products.
(Added to NAC by St. Fire Marshal, eff. 1-19-84)
USE OF EXPLOSIVES IN BLASTING
NAC 477.710 Certificate required; qualifications; exemptions; renewal of certificate; fees. (NRS 477.030, 477.031, 477.033)
1. Except as otherwise provided in subsection 3, no person may use explosives in blasting operations for commercial construction unless he has a certificate of registration for blasting issued by the State Fire Marshal or is under the direct supervision of a person holding such a certificate. An applicant for a certificate of registration for blasting must:
(a) Meet the criteria outlined in section 3301.4 of the International Fire Code;
(b) Pass a background check;
(c) Pass a written, oral or other type of examination, as determined by the State Fire Marshal; and
(d) Pay a fee of $55 at the time he submits his application.
2. The certificate of registration for blasting must be in the possession of the registrant while he is performing blasting operations. A registrant must pay a fee of $11 for a duplicate of a certificate that has been lost or destroyed.
3. This section does not apply to the use of pyrotechnics governed by other provisions of this chapter or the use of explosives:
(a) By a person engaged in agriculture or ranching for occasional use on his property;
(b) By an employee of the State, a local government or the Federal Government who uses explosives for construction in the proper performance of his duties; or
(c) In gasoline, in fertilizer and in tools or other devices which are actuated by a propellant.
4. A certificate of registration for blasting must be renewed every 2 years. An applicant for renewal must pass a test prescribed by the State Fire Marshal and pay a fee of $55 before his certificate of registration for blasting may be renewed.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A 2-17-94; R207-99, 2-7-2000; R062-04, 9-3-2004)
NAC 477.720 Revocation or suspension of certificate. (NRS 477.030)
1. The State Fire Marshal may revoke a certificate of registration for blasting if the registrant:
(a) Knowingly fails or refuses to comply with an applicable order of the State Fire Marshal;
(b) Is convicted of a felony;
(c) Becomes a fugitive from justice;
(d) Violates any standard of safety in the use of explosives;
(e) Suffers any physical or mental infirmity which interferes with his ability to handle explosive materials safely;
(f) Willfully misrepresents a material fact in order to obtain the certificate;
(g) Causes or permits a fire hazard to exist where explosives are stored or handled; or
(h) Fails to make a report as required in subsection 3 of NAC 477.730.
2. A certificate of registration for blasting may be suspended during an investigation of any complaint alleging a ground for revocation.
3. The failure of a registrant to make a report pursuant to paragraph (h) of subsection 1 is grounds for immediate revocation of his certificate.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85)
NAC 477.730 Duties of holder of certificate. (NRS 477.030) A holder of a certificate of registration for blasting shall:
1. Immediately notify the State Fire Marshal upon learning of an indictment charging the registrant with a felony;
2. Report the loss or theft of any explosive material to the local law enforcement agency; and
3. After an incident involving explosives which created a hazard for any person or property, immediately submit a report to the State Fire Marshal explaining the incident.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85)
REVIEW OF PLANS
NAC 477.740 Plans subject to review; approval required; general requirements. (NRS 477.030)
1. The State Fire Marshal Division shall review any plans concerning the construction, the site and any system for protection from fire to determine if there is compliance with the provisions of this chapter and any adopted codes relating to safety from fire and the protection of life of any:
(a) Building owned or leased by the State;
(b) Facility for public education;
(c) Health and care facility or child care facility licensed by the State; and
(d) Building, project for construction or system for protection from fire, involving public occupancy, excluding single-family detached dwellings, in any county whose population is less than 50,000 or for which a request for review is received from the owner or the authority having jurisdiction.
2. All projects requiring review must receive approval from the State Fire Marshal before they may be used or occupied. Under certain circumstances, the State Fire Marshal may allow temporary use or occupancy if, in his determination, the safety of persons or property is not jeopardized. Approval or permission of the State Fire Marshal for occupancy may be suspended or revoked by him if his approval was granted in error or because incorrect information was supplied, or if he determines that the project is in violation of any code adopted under this chapter, this regulation or other law.
3. The plans and specifications of the project must be drawn to scale upon substantial paper or cloth and must be of sufficient clarity to indicate the location, nature and extent of the work proposed and to show in detail that it conforms to this chapter and the codes adopted under this chapter. Plans must be drawn, signed and stamped by those persons who are authorized by specific statute and the State Contractors’ Board to draw plans and specifications. A list of those persons described in this subsection may be obtained from the State Fire Marshal.
4. A plan which provides for fire stopping must provide details on the technical specifications for the materials used and the testing and listing for those materials.
(Added to NAC by St. Fire Marshal, 7-16-85, eff. 8-1-85; A 2-17-94; R220-99, 9-25-2000)
NAC 477.745 Response to deficiencies. (NRS 477.030) A response to any deficiencies noted by the State Fire Marshal as a result of his review of a plan pursuant to NAC 477.740 must be submitted to the State Fire Marshal within 14 working days after the notice of deficiencies is received. A contractor who fails to comply with the provisions of this section is subject to delays on the job site as a result of red tagging or any other manner of halting construction.
(Added to NAC by St. Fire Marshal by R220-99, eff. 9-25-2000)
NAC 477.750 Fees; review by local government. (NRS 477.030, 477.031)
1. Any plans and specifications submitted to the State Fire Marshal for review must be accompanied by the appropriate fee based upon the proposed cost of construction or if a bid is accepted, the actual bid, according to the following: