Nevada Code § 477.030

Duties; powers; applicability of regulations in certain counties
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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,
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, cannabis production
facilities, 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:
(1) Cannabis production facility has the
meaning ascribed to it in NRS 678A.125 .
(2) 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.
(e) The maintenance and testing of:
(1) Fire dampers, smoke dampers and
combination fire and smoke dampers; and
(2) Smoke control systems.
Except as
otherwise provided in subsection 11, the regulations of the State Fire Marshal
apply throughout the State, but except with respect to state-owned or
state-occupied buildings, the State Fire Marshals 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 the State Fire Marshal 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 Division of Child and Family Services of the Department of 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 foster
homes.
4. 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.
5. Except as otherwise provided in
subsection 9, 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 an injury or death or
financial loss greater than $2,000,000 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 an injury or death or financial loss
greater than $2,000,000 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 for Insurance 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.
6. 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.
7. 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.
8. The State Fire Marshal shall:
(a) Except as otherwise provided in subsection 11
and NRS 393.110 , assist in checking
plans and specifications for construction;
(b) Provide specialized training to local fire
departments; and
(c) Assist local governments in drafting regulations
and ordinances,
on request
or as the State Fire Marshal deems necessary.
9. 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 the State Fire Marshals
authority or duties if the local governments 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.
10. 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;
(c) Explosives and pyrotechnics;
(d) Drugs or other controlled substances; or
(e) Any similar activity specified by the State
Fire Marshal.
11. 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
700,000 or more which has adopted a code at least as stringent as the International
Fire Code , the International Building Code and the International
Wildland-Urban Interface 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 , the International Building Code and the International
Wildland-Urban Interface Code within 2 years 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 .

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