NRS: CHAPTER 477 - STATE FIRE MARSHAL

[Rev. 1/17/2009 6:48:07 PM]

CHAPTER 477 - STATE FIRE MARSHAL

ADMINISTRATION

NRS 477.010 State Fire Marshal Division: Establishment and composition.

NRS 477.013 Appointment of State Fire Marshal, assistant, deputies and other employees.

NRS 477.014 Appointment of special deputies; duties.

NRS 477.020 State Board of Fire Services: Creation; members; qualifications of members; terms of members; meetings; compensation of members; duties.

NRS 477.030 Duties; powers; applicability of regulations in certain counties.

NRS 477.031 Fees for services and regulatory activities: Adoption; deposit; use.

NRS 477.032 Regulations concerning registration of qualified interior designers who provide interior materials and furnishings regulated by building code; contents of regulations; eligibility.

NRS 477.033 License: Requirements; application; fee; hearing.

NRS 477.035 Inspection of state buildings; duties of State Public Works Board.

NRS 477.037 Library: Establishment; maintenance; materials; fees for use.

NRS 477.039 Training programs.

NRS 477.045 Hazardous materials: Training program for response to spills; permit for storage; surcharge for permit.

NRS 477.047 Hazardous materials: Establishment of mobile training team to train volunteer firefighters to respond to incidents.

NRS 477.050 Report to Governor; legislative recommendations.

FIRE SERVICE STANDARDS AND TRAINING COMMITTEE

NRS 477.070 “Committee” defined.

NRS 477.075 Creation; composition; appointment, terms and compensation of members; officers; vacancies; administrative support.

NRS 477.080 Duties.

NRS 477.085 Powers.

NRS 477.090 Proposed training and certification programs: Submission; evaluation; contents; effect of approval.

CHANGES TO EXISTING STRUCTURES TO ENHANCE SAFETY FROM FIRE

NRS 477.100 “Authority” defined.

NRS 477.110 Limitations on local ordinances requiring changes.

NRS 477.120 Exits, open stairways and vertical shafts.

NRS 477.130 Fire alarms.

NRS 477.140 Smoke detectors; openings used to supply air.

NRS 477.150 Fire sprinklers; elevators; posting of floor numbers and route for evacuation; heating, ventilating, air-conditioning and paging systems.

NRS 477.160 Buildings used for public assembly.

NRS 477.170 Facilities for landing helicopters on top of buildings.

PENALTIES

NRS 477.250 Violation of chapter; each day of violation constitutes separate offense.

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ADMINISTRATION

NRS 477.010 State Fire Marshal Division: Establishment and composition.

1. The State Fire Marshal Division is hereby established in the Department of Public Safety.

2. The Division consists of the Fire Protection and Control Section, the Fire Investigation Section, the Public Education Section, the Fire Service Training Section and the Fire Data Section.

(Added to NRS by 1965, 960; A 1973, 1072; 1977, 1226; 1979, 124; 1981, 1588; 1993, 1636; 2001, 2628)

NRS 477.013 Appointment of State Fire Marshal, assistant, deputies and other employees.

1. The Director of the Department of Public Safety shall consult the State Board of Fire Services and appoint the State Fire Marshal from the list of candidates presented by the Board. The Chief of the State Fire Marshal Division is the State Fire Marshal.

2. The State Fire Marshal may appoint, within the limits of legislative appropriations, an assistant, deputies and such staff as is necessary to the performance of his duties.

3. The assistant, deputies and additional personnel appointed by the State Fire Marshal are in the classified service of the State.

(Added to NRS by 1967, 1051; A 1971, 844; 1973, 1072; 1977, 1464; 1979, 124; 1985, 429; 1993, 1636; 2001, 2628)

NRS 477.014 Appointment of special deputies; duties. A fire chief, fire marshal, police officer or a person charged with the enforcement of building codes by a local government may be appointed by the State Fire Marshal to serve as a Special Deputy State Fire Marshal, without additional compensation. The Special Deputy State Fire Marshal shall carry out the provisions of this chapter as directed by the State Fire Marshal.

(Added to NRS by 1979, 124; A 1985, 329)

NRS 477.020 State Board of Fire Services: Creation; members; qualifications of members; terms of members; meetings; compensation of members; duties.

1. The State Board of Fire Services, consisting of eight members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) A licensed architect;

(b) A chief of a volunteer fire department;

(d) A professional engineer;

(e) The State Forester Firewarden;

(f) A training officer of a volunteer fire department;

(g) A training officer of a partially or fully paid fire department; and

(h) A specialist in hazardous materials,

Ê to the Board. No member other than the State Forester Firewarden may serve for more than two consecutive terms.

3. The Board shall select a Chairman from among its members to serve for 1 year. The State Fire Marshal shall serve as the Secretary of the Board.

4. The Board may meet regularly at least twice each year or on the call of the Chairman, the Secretary or any three members.

5. The members of the Board, except the State Forester Firewarden, are entitled to receive a salary of $60 for each day’s attendance at a meeting of the Board.

6. The Board shall make recommendations to the State Fire Marshal and to the Legislature concerning necessary legislation in the field of fire fighting and fire protection. When requested to do so by the Director of the Department of Public Safety, the Board shall recommend to him not fewer than three persons for appointment as State Fire Marshal.

7. The Board shall advise the State Fire Marshal on matters relating to the training of firefighters.

(Added to NRS by 1965, 960; A 1967, 153; 1977, 1226; 1979, 124; 1981, 1588, 1985; 1983, 1445; 1985, 429; 1989, 490; 1993, 1636; 2001, 2628; 2005, 338)

NRS 477.030 Duties; powers; applicability of regulations in certain counties.

1. Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of:

(1) Combustibles, flammables and fireworks; and

(2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

2. The State Fire Marshal may:

(a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

(b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

3. The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

4. The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

5. The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

6. Except as otherwise provided in subsection 10, the State Fire Marshal shall:

(a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

(b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

(c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

7. The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

8. The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

9. The State Fire Marshal shall:

(a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;

(b) Provide specialized training to local fire departments; and

Ê on request or as he deems necessary.

10. Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

11. The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

(a) Commercial trucking;

(b) Environmental crimes;

(d) Drugs or other controlled substances; or

(e) Any similar activity specified by the State Fire Marshal.

12. Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

(a) Do not apply in a county whose population is 400,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

(b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

(Added to NRS by 1965, 961; A 1967, 152; 1973, 301, 1166, 1406; 1975, 10, 567, 1575; 1977, 1465; 1979, 125, 1331; 1983, 1389; 1985, 329, 1762; 1987, 2281; 1989, 1928; 1991, 1897; 1993, 334, 581, 2725, 2739; 1999, 1075, 1858; 2001, 125, 1101, 1992; 2005, 1253; 2007, 1093, 3102)

NRS 477.031 Fees for services and regulatory activities: Adoption; deposit; use. The State Fire Marshal shall by regulation adopt a schedule of fees for the services and regulatory activities performed by the State Fire Marshal Division pursuant to the provisions of this chapter. The fees must:

1. Approximate the cost of those services and activities.

2. Be deposited with the State Treasurer for credit to the appropriate account of the State Fire Marshal Division.

3. Be used to carry out the provisions of this chapter.

(Added to NRS by 1985, 1239; A 1989, 316)

NRS 477.032 Regulations concerning registration of qualified interior designers who provide interior materials and furnishings regulated by building code; contents of regulations; eligibility.

1. The State Fire Marshal shall, by regulation, provide for the registration of qualified interior designers who provide interior materials and furnishings regulated by a building code.

2. The regulations must set forth:

(a) The qualifications necessary for the issuance of a certificate of registration pursuant to this section, including, without limitation, the submission of evidence of the successful completion of a course of study approved by the State Fire Marshal regarding applicable building codes and other related information.

(b) The criteria for approving instructors and courses of study regarding applicable building codes and other related information.

3. A person licensed or registered by the State Board of Architecture, Interior Design and Residential Design pursuant to chapter 623 of NRS is not eligible for the issuance of a certificate of registration pursuant to this section.

(Added to NRS by 1999, 2549)

NRS 477.033 License: Requirements; application; fee; hearing.

1. A license, issued by the State Fire Marshal, is required for:

(a) Maintenance, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.

(b) Use of explosives in any commercial construction, but not in mining or the control of avalanches.

2. Applications for licenses must be made on a form prescribed by the State Fire Marshal.

3. The State Fire Marshal may conduct inspections, examinations or hearings before the issuance of licenses.

4. The State Fire Marshal may charge a reasonable fee, to be fixed by regulation, for the inspection and issuance of licenses.

5. If any person is denied a license by the State Fire Marshal, he is entitled to a hearing, upon request, before a hearing officer.

(Added to NRS by 1967, 152; A 1973, 333; 1977, 75; 1979, 126; 1985, 330)

NRS 477.035 Inspection of state buildings; duties of State Public Works Board.

1. The State Fire Marshal shall:

(a) Inspect or cause to be inspected annually, all state buildings and order such fire-extinguishing and safety appliances as he deems necessary for the protection of the property against fire.

(b) Order the removal of combustibles and rubbish from the property, or order such changes in the entrances or exits of the buildings as will promote the safety of the occupants, or order the provision of such fire escapes as he may deem necessary.

2. If the agency in charge of any state property fails to comply with the order of the State Fire Marshal for any structural change within 30 days after the receipt of such order, the Fire Marshal shall report such failure to the State Public Works Board. The State Public Works Board shall thereupon take necessary steps to correct the situation as ordered.

3. The State Fire Marshal may contract with local authorities for the inspection of state-owned or state-occupied buildings.

(Added to NRS by 1967, 1097; A 1973, 910; 1979, 127)

NRS 477.037 Library: Establishment; maintenance; materials; fees for use. The State Fire Marshal:

1. Shall establish and maintain a library of publications, films, fire report data and other materials for the benefit of the fire service of the State and the general public.

2. Shall incorporate into the materials in the library, where feasible and appropriate, a discussion of the issues relating to controlled fires.

3. May charge a reasonable fee for the use of the materials in the library.

(Added to NRS by 1967, 153; A 1979, 127; 1993, 1204)

NRS 477.039 Training programs.

1. The State Fire Marshal shall:

(a) Furnish and administer programs for the training of firefighters;

(b) Describe the programs that are available for training of firefighters and notify fire departments of the availability of these programs;

(c) Administer a program to certify firefighters, whenever requested to do so, for successful completion of a training program;

(d) Develop a program to train instructors;

(e) Assist other agencies and organizations to prepare and administer training programs;

(f) Carry out the provisions of paragraphs (a) to (e), inclusive, in accordance with recommendations submitted to him by the Fire Service Standards and Training Committee and the regulations adopted by the Committee; and

(g) Establish a regional hazardous materials training facility and furnish training programs concerning hazardous materials for emergency personnel, agencies and other persons.

2. The State Fire Marshal may enter into agreements for the procurement of necessary services or property, may accept gifts, grants, services or property for the training programs and may charge fees for training programs, materials or services provided.

(Added to NRS by 1981, 1589; A 1989, 1522; 1995, 822; 2005, 338)

NRS 477.045 Hazardous materials: Training program for response to spills; permit for storage; surcharge for permit.

1. The State Fire Marshal shall establish a statewide training program for response to spills of hazardous materials and related fires. The State Fire Marshal shall require persons who store hazardous materials to obtain a permit to do so. The State Fire Marshal shall collect a surcharge of $60 for each such permit issued in the State. The surcharge is in addition to any other fee charged for the issuance of such a permit.

2. The revenue derived by the State Fire Marshal pursuant to this section must be deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials.

(Added to NRS by 1989, 746; A 1991, 1776)

NRS 477.047 Hazardous materials: Establishment of mobile training team to train volunteer firefighters to respond to incidents.

1. The State Fire Marshal shall establish a mobile training team to train volunteer firefighters to respond to incidents involving hazardous materials.

2. The State Fire Marshal shall have the goal of providing to all volunteer firefighters training in compliance with the requirements for the first responder operations level set forth in 29 C.F.R. § 1910.120.

3. As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.7024.

(Added to NRS by 1993, 905; A 1993, 906; 2005, 339)

NRS 477.050 Report to Governor; legislative recommendations. The State Fire Marshal shall before September 1 of each even-numbered year, for the biennium ending June 30 of such year, transmit to the Governor a full report of his proceedings and such statistics as he may wish to include therein. He shall also recommend any amendments to the law which, in his judgment, are desirable.

(Added to NRS by 1965, 961; A 1969, 1458)

FIRE SERVICE STANDARDS AND TRAINING COMMITTEE

NRS 477.070 “Committee” defined. As used in NRS 477.070 to 477.090, inclusive, unless the context otherwise requires, “Committee” means the Fire Service Standards and Training Committee.

(Added to NRS by 1995, 820)

NRS 477.075 Creation; composition; appointment, terms and compensation of members; officers; vacancies; administrative support.

1. The Fire Service Standards and Training Committee, consisting of seven voting members and one nonvoting member, is hereby created.

2. The Committee consists of the Chairman of the State Board of Fire Services, who is an ex officio member of the Committee, one member appointed by the State Fire Marshal, and six members appointed by the Governor as follows:

(a) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a full-time, paid fire department who have experience in fire service training;

(b) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a volunteer fire department who have experience in fire service training; and

(c) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a combination paid and volunteer fire department who have experience in fire service training.

3. The six members appointed by the Governor must be from the following counties:

(a) One member from Clark County;

(b) One member from Washoe County; and

(c) Four members from other counties, except that a majority of the voting members on the Committee must not be from one county.

4. The Governor shall make the appointments from recommendations submitted by:

(a) The Nevada Fire Chiefs Association, Inc.;

(b) The Nevada State Firemen’s Association;

(d) The Southern Nevada Fire Marshal’s Association;

(e) The Southern Nevada Fire Chiefs’ Association;

(f) The Northern Nevada Fire Marshal’s Association; and

(g) Representatives of fire departments of Washoe County.

5. For the initial terms of the members of the Committee, each entity listed in subsection 4 shall submit three recommendations to the Governor. After the initial terms, each entity shall submit two recommendations to the Governor.

6. The member appointed by the State Fire Marshal shall serve as Secretary to the Committee and is a nonvoting member of the Committee.

7. The members of the Committee shall select a Chairman from among their membership.

8. After the initial terms, the term of each appointed member of the Committee is 2 years.

9. A vacancy in the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

10. Each member of the Committee is entitled to receive from the State Fire Marshal Division of the Department of Public Safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the Committee or is otherwise engaged in the work of the Committee.

11. The State Fire Marshal Division shall provide the Committee with administrative support.

(Added to NRS by 1995, 820; A 2001, 2629)

NRS 477.080 Duties. The Committee shall:

1. Meet at the call of the Chairman at least four times each year.

2. Encourage the training and education of fire service personnel to improve the system of public safety in the State.

3. Adopt regulations establishing minimum standards for the approval of training and certification programs submitted by a fire department or other fire service training agency or organization of the State pursuant to NRS 477.090. The regulations must provide minimum standards for the training and certification, including the renewal and revocation of certification, of fire service personnel who serve in positions for which the Committee determines minimum standards of training and certification are necessary.

4. Provide information and make recommendations to the State Fire Marshal and the State Board of Fire Services concerning the training of fire service personnel.

5. Approve the budget for the operation of the Committee.

(Added to NRS by 1995, 821)

NRS 477.085 Powers. The Committee may:

1. Adopt regulations which:

(a) It determines are necessary for the operation of the Committee.

(b) Require that training programs which are approved by the Committee and require special facilities be conducted at facilities approved by the Committee.

2. Recommend to the Legislature any appropriate legislation concerning the training of fire service personnel.

(Added to NRS by 1995, 822)

NRS 477.090 Proposed training and certification programs: Submission; evaluation; contents; effect of approval.

1. A fire department or other fire service training agency or organization of the State may submit to the Chairman of the Committee a proposed training and certification program for any of the fire service personnel who serve in positions for which the Committee has adopted regulations pursuant to NRS 477.080. The proposed program must be submitted not less than 30 days before the next scheduled meeting of the Committee.

2. At that meeting, the Committee shall evaluate the proposed program and determine whether it meets the standards for training and certification prescribed in the regulations adopted by the Committee pursuant to NRS 477.080.

3. A proposed training and certification program submitted pursuant to this section must include:

(a) A description of the fire service personnel positions which will be covered by the program;

(b) A description of the training which the program will provide;

(d) A procedure for the revocation of certification.

4. If a training and certification program is approved by the Committee, the program constitutes the standard for state certification of fire service personnel.

(Added to NRS by 1995, 821)

CHANGES TO EXISTING STRUCTURES TO ENHANCE SAFETY FROM FIRE

NRS 477.100 “Authority” defined. As used in NRS 477.100 to 477.170, inclusive, unless the context otherwise requires, “authority” means:

1. The State Fire Marshal in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality;

2. Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and if they are unable to agree on any question, “authority” includes the county manager or city manager, who shall cast the deciding vote on that question; or

3. If the board of county commissioners of a county whose population is 100,000 or more or which has been converted into a consolidated municipality, or the governing body of a city in that county, has specified a person or persons to act as the authority, that person or those persons.

(Added to NRS by 1981, 1568; A 1987, 2282; 1989, 1930; 1999, 1077; 2001, 1994)

NRS 477.110 Limitations on local ordinances requiring changes. After May 15, 1981, the governing body of a local government may not adopt an ordinance requiring changes to existing structures to enhance the safety of occupants from fire if the ordinance is:

1. Less stringent than this chapter; or

2. More stringent than this chapter unless the governing body has sought and obtained approval of the ordinance from the State Board of Examiners.

(Added to NRS by 1981, 1569)

NRS 477.120 Exits, open stairways and vertical shafts.

1. Except as otherwise provided in subsection 2, the owner or operator of any building, except a single-family detached dwelling, shall:

(a) Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.

(b) Except as otherwise provided by the authority, equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.

(d) If the building has three stories or more, enclose every open stairway or vertical shaft with:

(1) Construction whose resistance to fire has been approved by the authority; or

(2) Alternate means approved by the authority which afford equivalent protection to life and property from fire.

2. A medical facility or facility for the dependent is exempt from the provisions of paragraph (b) of subsection 1 with regard to the door to a patient’s room if smoking in the patient’s room is prohibited or permitted only when:

(a) An employee of the facility is present; or

(b) Smoking material is wholly contained within a device designed for such use and approved by the State Fire Marshal.

3. Upon a showing of practical difficulty or unnecessary hardship, the authority may grant an exemption from the provisions of paragraph (c) of subsection 1 if it is clearly evident that the safe evacuation of the building will not be hindered thereby.

4. When an exemption is granted pursuant to subsection 3, the authority shall record the details of and reasons for the exemption.

(Added to NRS by 1981, 1569; A 1983, 809; 1985, 918, 1763)

NRS 477.130 Fire alarms. The owner or operator of every hotel or motel of three stories or more which contains 20 or more guest rooms, apartment building or condominium of three stories or more with 15 or more dwelling units, or any office building of three stories or more shall equip the building with fire alarms in compliance with paragraph 2 of section 1202B of the 1979 edition of the Uniform Building Code.

(Added to NRS by 1981, 1569)

NRS 477.140 Smoke detectors; openings used to supply air.

1. The owner or operator of every hotel or motel which contains at least six guest rooms, or apartment building with at least three dwelling units, shall equip each room primarily used for sleeping in a hotel or motel and each dwelling unit in an apartment building with a smoke detector, the placement of which is approved by the authority.

2. The owner or operator of every hotel or motel which contains at least six guest rooms, or apartment building or condominium with at least three dwelling units shall seal any opening used to supply air from a corridor to a guest room or to a dwelling unit unless:

(a) The corridor contains smoke detectors as required by regulation of the State Fire Marshal;

(b) Activation of any two detectors causes the supply of air to cease and seals the opening between the room and the corridor; and

(Added to NRS by 1981, 1569)

NRS 477.150 Fire sprinklers; elevators; posting of floor numbers and route for evacuation; heating, ventilating, air-conditioning and paging systems. The owner or operator of every hotel, motel, office, apartment building or condominium where human occupancy is permitted on floors which are more than 55 feet above the lowest level of ground accessible to vehicles of a fire department, shall:

1. Equip each exit corridor of the building with fire sprinklers as required by regulations of the State Fire Marshal;

2. Except in a condominium, equip each room with at least one fire sprinkler above each door opening into an exit corridor of the building;

3. Equip every elevator so as to permit it to be recalled automatically, in compliance with section A 17.1 of the 1978 edition of the American National Standards Institute and section 211.3 of the 1981 amendments to that edition, to the first floor or, if necessary, to any other floor of the building not affected by fire;

4. Post the number of each floor in every stairwell and in every lobby adjacent to an elevator;

5. Equip the heating, ventilating and air-conditioning system with an automatic device to shut it off as prescribed in section 1009 of the 1979 edition of the Uniform Mechanical Code, and with an additional smoke detector as required by the 1978 edition of National Fire Protection Association Standard 90A; and

6. In each room primarily used for sleeping, except in a condominium:

(a) Post in a prominent location an explanation of the route to use for evacuation of the building; and

(b) Install a paging alarm system which conforms to the regulations of the State Fire Marshal, to permit vocal warning and instructions to the occupants.

7. In a condominium, install in the common areas a paging alarm system meeting the requirements of paragraph (b) of subsection 6, with a sound level of 80 decibels.

(Added to NRS by 1981, 1569)

NRS 477.160 Buildings used for public assembly.

1. The owner or operator of every building or portion of a building used for public assembly:

(a) Which has a room or rooms which have a total floor area of more than 5,000 square feet and which are used for public assembly, within a building with a total floor area of 12,000 square feet or more, shall install automatic sprinklers for protection from fire as required by regulation of the State Fire Marshal, except in those areas where the authority waives this requirement. The authority may waive this requirement for any space which is separated from this area by construction whose resistance to fire has been approved by the authority.

(b) Which is certified for occupancy by more than 300 persons shall:

(1) Use interior finishes in the areas used for public assembly which comply with chapter 42 of the 1979 edition of the Uniform Building Code as it relates to retarding the spread of fire;

(2) Install automatic sprinklers in the areas used for public assembly for protection from fire as required by regulations adopted by the State Fire Marshal; or

(3) Apply a flame-retarding solution which has been approved by the authority and will produce an interior finish equal to that required by subparagraph (1).

2. For the purposes of this section, a building or a portion of a building is used for public assembly if 50 or more persons assemble there for any purpose other than in the normal course of their employment.

3. The provisions of this section do not apply to:

(a) Churches and buildings associated with them;

(b) Meeting halls of fraternal organizations;

(d) Any other area which:

(1) Is at ground level;

(2) Has no public area more than 100 feet from an outside exit;

(3) Limits occupancy to 50 persons per 1,000 square feet or, in the case of an auditorium, has permanent seating capacity for less than 1,000 persons;

(4) Is not more than two stories in height; and

(5) Contains no areas regularly used for sleeping or living,

Ê if the area complies with the requirements set by the authority for interior finishes in all areas and for smoke-detectors and domestic fire sprinklers in hazardous areas.

(Added to NRS by 1981, 1570; A 1983, 1225; 1985, 900)

NRS 477.170 Facilities for landing helicopters on top of buildings. The owner or operator of a building shall not construct a facility for or permit helicopters to land on top of the building unless the authority approves this landing. The authority shall base its decision upon the physical construction of the remainder of the building and the relative risks to human safety from permitting or denying the landing of helicopters.

(Added to NRS by 1981, 1570)

PENALTIES

NRS 477.250 Violation of chapter; each day of violation constitutes separate offense.

1. Any person who knowingly violates the provisions of this chapter or any of the regulations adopted by the State Fire Marshal is guilty of a misdemeanor.

2. Each day on which a violation occurs is a separate offense.

(Added to NRS by 1967, 153; A 1979, 127)—(Substituted in revision for NRS 477.060)