[Rev. 11/21/2013 11:58:15 AM--2013]

CHAPTER 475 - CRIMES AND RESPONSIBILITIES CONCERNING FIRES

NRS 475.010           Willful or negligent failure to guard or extinguish fire; penalty.

NRS 475.020           Willful or negligent failure to extinguish fire in open; penalty.

NRS 475.030           Throwing burning cigarette or other material from moving vehicle; willful or negligent placing of burning materials; penalty.

NRS 475.040           Destruction of timber, crops or vegetation by fire caused by gross negligence; criminal penalty; civil action.

NRS 475.050           Smoking in building on which notice posted prohibiting smoking; penalty.

NRS 475.060           Operation of internal combustion engine without spark arrestor; penalty; exceptions.

NRS 475.070           Interference with peace officer, firefighter or member of search and rescue organization; disobedience of orders; penalty.

NRS 475.075           Intentional obstruction of search and rescue organization; penalty.

NRS 475.080           Obstruction of extinguishment of fire; penalties.

NRS 475.090           Willful and malicious damage or destruction of fire equipment or apparatus; penalty.

NRS 475.100           False fire alarms; penalties.

NRS 475.105           Theft of device to prevent, control, extinguish or give warning of fire; penalties.

NRS 475.110           Able-bodied males subject to fire-fighting duty; penalty for refusal; compensation and benefits.

NRS 475.115           Volunteer firefighters: Disclosure to employer; discharge from employment prohibited; civil action; attorney’s fees.

NRS 475.125           Investigation of fires resulting in death, injury or property damage.

NRS 475.210           Governor may close land or prohibit burning in areas which are fire hazards.

NRS 475.220           Dumps: Safe operation; regulations of State Forester Firewarden.

NRS 475.230           Claim by fire department to recover direct expenses and losses incurred while fighting fire on property of State.

NRS 475.235           Disposition of claims by State Board of Examiners.

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      NRS 475.010  Willful or negligent failure to guard or extinguish fire; penalty.  Every person who willfully or negligently sets or fails to guard carefully or extinguish any fire, whether on the person’s own land or the land of another, whereby the timber or property of another is endangered is guilty of a misdemeanor.

      [1911 C&P § 314; RL § 6579; NCL § 10262]—(NRS A 1971, 1458; 1979, 1480)

      NRS 475.020  Willful or negligent failure to extinguish fire in open; penalty.  Every person who, upon departing from camp or from any fire started by the person in the open, willfully or negligently leaves the fire or fires burning or unexhausted, or fails to extinguish them thoroughly, is guilty of a misdemeanor.

      [1911 C&P § 367; RL § 6632; NCL § 10317]—(NRS A 1971, 1458; 1979, 1480)

      NRS 475.030  Throwing burning cigarette or other material from moving vehicle; willful or negligent placing of burning materials; penalty.

      1.  It is unlawful for any person willfully or negligently:

      (a) To throw or place any lighted cigarette, cigar, ashes, match or other material which may cause a fire in any place where such lighted cigarette, cigar, match, ashes or other material may start a fire.

      (b) To throw or otherwise discard from a moving vehicle any lighted cigarette, cigar, ash or other material which may cause a fire.

      2.  Any person violating any of the provisions of this section is guilty of a misdemeanor.

      [1:134:1929; A 1947, 458; 1943 NCL § 10558]—(NRS A 1967, 589; 1971, 1458; 1979, 1480)

      NRS 475.040  Destruction of timber, crops or vegetation by fire caused by gross negligence; criminal penalty; civil action.  Every person who, with gross negligence, lights a fire for any purpose along the road through any woodland, or upon the same, or at any other place in the open, and thereby, or by any other means, sets fire to any growing timber or forest, shrubbery, crops, grass or vegetation, and thereby causes the destruction of any timber, forest, crops, grass, vegetation or property not his or her own, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, in addition to being liable to the owner of such property for the full value thereof in a civil action.

      [1911 C&P § 368; RL § 6633; NCL § 10318]—(NRS A 1967, 589; 1979, 329)

      NRS 475.050  Smoking in building on which notice posted prohibiting smoking; penalty.  Every person who lights a pipe, cigar or cigarette in, or who enters with a lighted pipe, cigar or cigarette, any mill or other building on which is posted in a conspicuous place over and near each principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building is guilty of a misdemeanor.

      [1911 C&P § 313; RL § 6578; NCL § 10261]—(NRS A 1971, 1459; 1979, 1480)

      NRS 475.060  Operation of internal combustion engine without spark arrestor; penalty; exceptions.

      1.  Every person, firm, corporation or association which uses or permits to be used any internal combustion engine which is operated on hydrocarbon fuels on any grass, brush or forest-covered land without providing, and maintaining in effective order, a spark arrestor attached to the exhaust system is guilty of a misdemeanor.

      2.  For the purposes of this section, a spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing or retaining carbon and other flammable materials over 0.023 inch in size from the exhaust flow of an internal combustion engine that is operated on hydrocarbon fuels.

      3.  Motortrucks, truck tractors, buses and passenger vehicles, except motorcycles, are not subject to the provisions of this section if the exhaust system is equipped with an adequate and properly maintained muffler in constant operation.

      [1911 C&P § 315; RL § 6580; NCL § 10263]—(NRS A 1967, 750; 1971, 1459; 1979, 1480)

      NRS 475.070  Interference with peace officer, firefighter or member of search and rescue organization; disobedience of orders; penalty.

      1.  Every person who, at any fire:

      (a) Disobeys the lawful order of any peace officer or firefighter, or a member of a search and rescue organization who is under the direction of the sheriff;

      (b) Resists or interferes with any lawful effort to extinguish the fire; or

      (c) Engages in any conduct likely to interfere with the extinguishment of the fire,

Ê is guilty of a misdemeanor.

      2.  Every person who, at the scene of an emergency, other than a fire, disobeys any of the lawful orders of a peace officer or firefighter, or a member of a search and rescue organization who is under the direction of the sheriff, or resists or interferes with the lawful efforts of any firefighters or company of firefighters, or members of a search and rescue organization who are under the direction of the sheriff, to control or handle the emergency, or acts in a disorderly manner likely to interfere with the control or handling thereof, or who forbids, prevents or dissuades others from assisting to control or handle the emergency, is guilty of a misdemeanor.

      [1911 C&P § 312; RL § 6577; NCL § 10260]—(NRS A 1971, 1459; 1979, 1481; 1987, 990; 2005, 337)

      NRS 475.075  Intentional obstruction of search and rescue organization; penalty.

      1.  A person who, with intent to prevent or obstruct the response to an emergency, damages, removes or hinders the operation of any vehicle, apparatus, equipment or animal being used or which may be used in an emergency by a member of a search and rescue organization, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.

      2.  As used in this section, “vehicle” means any device in, upon, or by which any person or property is or may be transported.

      (Added to NRS by 1987, 989)

      NRS 475.080  Obstruction of extinguishment of fire; penalties.  Every person who, with intent to prevent or obstruct the extinguishment of any fire, cuts, damages or removes any bell rope, wire or other apparatus for communicating an alarm of fire, or cuts, injures or destroys any engine, hose or other fire apparatus, or otherwise prevents or obstructs the extinguishment of any fire, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom and in no event less than a misdemeanor.

      [1911 C&P § 311; RL § 6576; NCL § 10259]—(NRS A 1967, 589; 1971, 1459; 1979, 1481)

      NRS 475.090  Willful and malicious damage or destruction of fire equipment or apparatus; penalty.  Every person who willfully and maliciously removes, damages or destroys any engine, hose, hose cart, truck, ladder, extinguisher or other apparatus used by any fire company or fire department is guilty of a misdemeanor.

      [Part 1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1971, 1460; 1979, 1481)

      NRS 475.100  False fire alarms; penalties.

      1.  It is unlawful for a person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire.

      2.  A person who violates any of the provisions of this section shall be punished:

      (a) If the act is malicious and another person suffers death or substantial bodily harm as a result, for a category D felony as provided in NRS 193.130.

      (b) Otherwise, for a gross misdemeanor.

      3.  This section does not apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by a person to attract attention of police, firefighters or other people to acts of violence, disorder or menace.

      [1911 C&P § 336; RL § 6601; NCL § 10284] + [1911 C&P § 337; RL § 6602; NCL § 10285]—(NRS A 1967, 590; 1971, 1460; 1979, 1482; 1987, 1476; 1995, 1296; 2005, 337)

      NRS 475.105  Theft of device to prevent, control, extinguish or give warning of fire; penalties.  A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:

      1.  If the device has a value of less than $650, is guilty of a gross misdemeanor.

      2.  If the device has a value of $650 or more, is guilty of grand larceny and shall be punished as provided in NRS 205.222.

      (Added to NRS by 1985, 751; A 1989, 1441; 1995, 1296; 1997, 347; 2011, 176)

      NRS 475.110  Able-bodied males subject to fire-fighting duty; penalty for refusal; compensation and benefits.

      1.  All sheriffs, their deputies, firewardens or other peace officers or any national forest officer may call upon able-bodied male persons within the State of Nevada who are between the ages of 16 years and 50 years for assistance in extinguishing fires in timber or in brush.

      2.  Persons who refuse to obey the summons or who refuse to assist in fighting fire for the period stated in subsection 3, unless they present sufficient reasons, are guilty of a misdemeanor.

      3.  No male person may be required to fight fires a total of more than 5 days during any 1 year.

      4.  The board of county commissioners may fix the amount of compensation to be paid to male persons drafted to fight fires as provided in this section, and the sums so fixed must be allowed and paid as other claims against the county are paid.

      5.  For the purpose of obtaining the benefits of the Nevada Industrial Insurance Act, male persons drafted to fight fires must be considered employees of the county demanding their services, and they are entitled to receive for disability incurred by reason thereof the benefits under the Nevada Industrial Insurance Act. The county shall report and pay premiums to a private carrier authorized to provide industrial insurance in this State for persons so engaged.

      [1:45:1927; NCL § 1982] + [Part 2:45:1927; NCL § 1983]—(NRS A 1967, 590; 1981, 1528; 1995, 2046; 1999, 1826)

      NRS 475.115  Volunteer firefighters: Disclosure to employer; discharge from employment prohibited; civil action; attorney’s fees.

      1.  Any person, corporation, partnership, association or other entity who is an employer or is vested with the power to discharge or recommend the discharge of a person who serves as a volunteer firefighter shall not deprive the person performing such service of his or her employment as a consequence of his or her action.

      2.  A person discharged in violation of subsection 1 may commence a civil action against his or her employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      3.  Any applicant for employment who is, and any employee who becomes, a volunteer firefighter must disclose that fact to his or her prospective or present employer, as the case may be.

      (Added to NRS by 1983, 919; A 2005, 337)

      NRS 475.125  Investigation of fires resulting in death, injury or property damage.  Each fire department:

      1.  May investigate the cause, origin and circumstances of each fire which occurs within its jurisdiction and which results in the destruction of or damage to property, loss of life, or injury to any person.

      2.  Shall investigate any report received pursuant to NRS 629.045 to determine the origin of the fire which caused the injury.

      (Added to NRS by 1979, 171; A 1991, 1897)

      NRS 475.210  Governor may close land or prohibit burning in areas which are fire hazards.

      1.  Whenever the Governor finds that conditions of extreme fire hazard exist, either in or out of the fire hazard season, the Governor may by proclamation close or partially close such land or areas as the Governor may find to be in such condition of extreme hazard to the general public and prohibit or limit burning and other acts thereon to such degree and in such ways as he or she deems necessary to reduce the danger of forest and other wild land fires.

      2.  The Governor shall declare the end of any such emergency only upon a finding that the conditions of extreme fire hazard no longer exist.

      (Added to NRS by 1965, 306)

      NRS 475.220  Dumps: Safe operation; regulations of State Forester Firewarden.

      1.  Any county, municipality, public institution, agency, corporation, person or persons, or other entity maintaining or operating a dump shall provide such devices and conditions therefor as will reasonably promote the safe operation thereof and guard against the escape of fire therefrom.

      2.  The State Forester Firewarden shall have power to make rules and regulations for the implementation of this section.

      (Added to NRS by 1965, 306)

      NRS 475.230  Claim by fire department to recover direct expenses and losses incurred while fighting fire on property of State.

      1.  Any fire department which engages in fighting a fire on property owned by the State within the jurisdictional limits of the fire department may submit a claim to the State Board of Examiners to recover any direct expenses and losses incurred as a result of fighting that fire.

      2.  The claim must include:

      (a) The name, address and jurisdictional limits of the fire department;

      (b) The name, address and telephone number of the person making the claim on behalf of the fire department;

      (c) The name and address, if known, of the state agency having jurisdiction over the property on which the fire occurred;

      (d) The exact location of the fire;

      (e) A description of the property burned;

      (f) The number and classification of the personnel and the number and type of equipment used to fight the fire;

      (g) A copy of the fire report; and

      (h) An itemized list of direct expenses and losses incurred while fighting the fire, including the purchase cost, estimated cost of repairs and a statement of depreciated value immediately preceding and after the damage to or destruction of any equipment and the extent of any insurance coverage.

      3.  As used in this section, “direct expenses and losses” means certain expenses and losses which were incurred while fighting a fire on property owned by the State. The term is limited to:

      (a) The depreciated value, if any, of any equipment or vehicle which was damaged or destroyed; and

      (b) If the employer maintains a plan which supplements coverage for workers’ compensation provided pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS by a private carrier and, if the benefits are provided from public money and not by an insurer, any injury or death benefits which would have been paid by the employer from public money.

      (Added to NRS by 1979, 1165; A 1981, 1528; 1995, 2047; 1999, 236, 1826; 2001, 1082)

      NRS 475.235  Disposition of claims by State Board of Examiners.

      1.  The State Board of Examiners may submit a copy of the claim to the State Fire Marshal for review. The State Fire Marshal shall make his or her recommendations to the State Board of Examiners who shall make a final determination of the disposition of the claim.

      2.  All claims approved by the State Board of Examiners must be paid as other claims against the State are paid.

      (Added to NRS by 1979, 1166)