SB 338 — Makes various changes relating to the regulation of fireworks. (BDR 42-34)

(b) Suppress a fire resulting from the storage or use of such fireworks;

and (c) Confiscate and dispose of such fireworks stored or used in violation of the provisions of a regulation adopted pursuant to paragraph (b) of subsection 1.

Organize,The regulate,district establishmay andinstitute disbanda firelegal companies,proceeding departmentsto orenforce volunteerthe fireprovisions departmentsof fora regulation adopted pursuant to paragraph (b) of subsection 1 that relates to fireworks or the district.provisions of subsection 2.

MakeAny regulations adopted pursuant to this section and executeany inprovisions of this section concerning matters relating to fireworks do not apply to and do not prohibit the namemanufacture of fireworks for, or the districttransportation allor necessarysale contracts.of fireworks to, Indian reservations and Indian colonies.

AdoptAs a seal for the district to be used in thethis attestationsection: of proper documents.

-(a) *SB338*“Direct –and 3indirect –costs” 6.includes, without limitation, costs for:

Provide(1) forLabor; the payment from the proper fund of the salaries of employees of the district and all the debts and just claims against the district.

7.(2) Equipment and materials;

Employ(3) agentsSupervision and employees for the district sufficient to maintain and operate the property acquired for the purposes of theemployees; district.

8.(5) Tools;es;

Acquire(6) realTransportation; or personal property necessary for the purposes of the district and dispose of that property when no longer needed.

9.(8) Allocable benefits for employees;es;

Construct(9) anyAmounts necessaryowed structures.by the district pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other agreement to provide fire-fighting support, investigation, enforcement or aid;

10.and (10) Any other related expenses.

Acquire,(b) hold“Fireworks” andhas possess,the eithermeaning byascribed donationto orit purchase,by inregulations theadopted nameby and on behalf of the districtState anyFire landMarshal orpursuant otherto propertyNRS necessary477.030. for the purpose of the district.

11.

Eliminate and remove fire hazards within the district if practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

12.

Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive.

474.470 The1. board of fire commissioners shall:

1.The board of fire commissioners shall:

[1.] (a) Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460 or 474.533.

2.[2.] (b) Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention.

AdoptThe and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to may include provisions that are designed to protect life and property from:

(a)- *SB338_R1* – 5 – [(a)] (1) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices;

and (b)[(b)] (2) Hazardous conditions relating to the use or occupancy of any premises.

 Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section[section] paragraph must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.

-[3.] *SB338*(c) –Organize, 4regulate, –establish 3.and disband fire companies, departments or volunteer fire departments for the districts.

Organize,[4.] regulate,(d) establishProvide andfor disbandthe firepayment companies,of departmentssalaries orto volunteerthe personnel of those fire departmentscompanies foror thefire districts.departments.

[5.] (e) Provide for payment from the proper fund of all the debts and just claims against the districts.

[6.] (f) Employ agents and employees for the districts sufficient districts.n and operate the property acquired for the purposes of the [7.] (g) Acquire real or personal property necessary for the needed.s of the districts and dispose of the property if no longer [8.] (h) Construct any necessary structures.

[9.] (i) Acquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.

[10.] (j) Eliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

[11.] (k) Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive.

2.

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of a regulation adopted pursuant to paragraph (b) of subsection 1 shall reimburse the district for the direct and indirect costs incurred by the district to:

- *SB338_R1* – 6 – (a) Investigate any such violation;

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of a regulation adopted pursuant to paragraph (b) of subsection 1.

3.

The district may institute a legal proceeding to enforce the provisions of a regulation adopted pursuant to paragraph (b) of subsection 1 that relates to fireworks or the provisions of subsection 2.

ProvideAny forregulations theadopted paymentpursuant to this section and any provisions of salariesthis section concerning matters relating to fireworks do not apply to and do not prohibit the personnelmanufacture of thosefireworks firefor, companiesor the transportation or firesale departments.of fireworks to, Indian reservations and Indian colonies.

ProvideAs forused paymentin fromthis thesection: proper fund of all the debts and just claims against the districts.

6.(a) “Direct and indirect costs” includes, without limitation, costs for:

Employ(1) agentsLabor; and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.

7.(2) Equipment and materials;

Acquire(3) realSupervision or personal property necessary for the purposes of theemployees; districts and dispose of the property if no longer needed.

8.(4) Supplies;

Construct(5) anyTools; necessary structures.

9.(7) General and administrative expenses;

Acquire,(8) holdAllocable andbenefits possess, by donation or purchase, any land or other property necessary for theemployees; purpose of the districts.

10.agreement, interlocal agreement, interstate compact or otheraid agreement to provide fire-fighting support, investigation, enforcement or aid;

Eliminate and remove(10) fireAny hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammablerelated materialexpenses. in its judgment constituting a fire hazard.

11.(b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive.

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of the provisions of this chapter or the regulations adopted pursuant thereto shall reimburse the State Fire Marshal and any agency of the state or local government for the direct and indirect costs incurred by the State Fire Marshal or agency to:

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and - *SB338_R1* – 7 – (c) Confiscate and dispose of such fireworks sold, stored or possessedused in violation of the provisions of this chapter or the regulations adopted pursuant thereto.

Sec.3.

4.As used in this section:

NRS(a) 477.030“Direct isand herebyindirect amendedcosts” toincludes, readwithout aslimitation, follows:costs for:

477.030(1) 1.Labor;

Except(2) asEquipment otherwise provided in this section, the State Fire Marshal shall enforce all laws and adoptmaterials; regulations relating to:

-(3) *SB338*Supervision – 5 – (a) The prevention of fire.employees;

(4) Supplies;

(5) Tools;

(6) Transportation;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the State Fire Marshal or any agency of the state or local government pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other agreement to provide fire-fighting support, investigation, enforcement or aid;

and (b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

477.030 1.NRS 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.

(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, - *SB338_R1* – 8 – buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose.

(e) FireworksFireworks, notincluding, without limitation, fireworks used for the purposes of commercial display.display, consumer fireworks and safe and sane fireworks.

toThe thisState paragraphFire thatMarshal regulate:shall:

adopt(1) anyRequire regulationsfireworks pursuantsold, (1)stored Aor deviceused whichin contains:this State to be certified by the American Fireworks Standards Laboratory and to be accompanied by evidence that the fireworks comply with the most recent edition of the Standards for Consumer Fireworks that is published by the American Fireworks Standards Laboratory;

(I)and No(2) magnesium;Adopt regulations to define the term “fireworks” for purposes of this paragraph and NRS 244.2961, 244.367, 266.310, 269.220, 474.160 and 474.470 and sections 3 and 7.5 of this act.

and (II)Except Lessas thanotherwise 100provided gramsin subsection 12, the regulations of pyrotechnicrespect composition;to state-owned or state-occupied buildings, the State Fire Marshal’s authority to enforce them or conduct investigations under provided in NRS 393.110, or a county whose population is 100,000rwise 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) A match;

(3) An emergency signal flare;

(4) A cap or other noisemaker;

(5) A model rocket;

or (6) A smoke-emitting device that is used for the protection of a vehicle.

(f) The types of fireworks that a local government may regulate.

The types of fireworks that the State Fire Marshal may authorize a local government to regulate must:

(1) Comply with paragraph (e);

and (2) Be listed in section 3.1 of Standard 87-1, “Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics,” 2001 edition, adopted by the American Pyrotechnics Association, except the State Fire - *SB338* – 6 – Marshal shall not authorize the types of fireworks listed in sections 3.1.2 and 3.1.3 of Standard 87-1.

 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, the State Fire Marshal’s 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.

(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;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.

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.

(c) Set standards for designating which types of fireworks and pyrotechnics are safe and sane fireworks.

If the State Fire - *SB338_R1* – 9 – Marshal sets such standards, the State Fire Marshal may provide that the devices discussed under standards 101, 102, 103A, 104, 105, 106, 107, 111, 112, 114 and 115 of the Standards for Consumer Fireworks, 2019 edition, that is published by the American Fireworks Standards Laboratory are “safe and sane fireworks.” (d) Enforce the provisions of this chapter, NRS 244.2961, 244.367, 266.310, 269.220, 474.160 and 474.470 and section 7.5 of this act as they relate to fireworks.

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 and the mitigation of the risk of a fire hazard from vegetation in counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

6.Marshal shall:as otherwise provided in subsection 10, the State Fire (a) Investigate any fire which occurs in a county other than one into a consolidated municipality, and from which a death results or which is of a suspicious nature.

Except(b) asInvestigate otherwiseany providedfire which occurs in subsectiona 10,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 Statechief Fireofficer Marshalof shall:the fire department in whose jurisdiction the fire occurs.

(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 - *SB338* – 7 – 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.

- *SB338_R1* – 10 – 7.

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 Marshal’s 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 revokeapply to the agreement.authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

Thea provisionstechnical ofexpert thison subsectionissues dorelating notto applyhazardous tomaterials, theor authorityas ofparticipate thein Stateany Firelocal, Marshalstate toor adoptfederal regulationsteam pursuantor task force that is established to paragraphconduct (b)enforcement ofand subsectioninterdiction 2.activities involving:

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:

- *SB338* – 8 – (c) Explosives and pyrotechnics;

To maintain the - *SB338_R1* – 11 – 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.

AsAny usedregulations inof thisthe section,State “pyrotechnicFire composition”Marshal meansconcerning amatters combinationrelating ofto chemicalfireworks elementsand orthe chemicalprovisions compoundsof capablesection 3 of burningthis independentlyact ofdo not apply to and do not prohibit the oxygenmanufacture inof fireworks for, or the atmSec.transportation or sale of fireworks to, Indian reservations and Indian colonies.

14.

As used in this section, “safe and sane fireworks” are fireworks that are not dangerous.

Sec.

(a)(b) Organize,Appoint regulate and maintainprescribe the duties of the fire department.chief..

(b) Appoint and prescribe the duties of the fire chief.

(d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept.

- *SB338* – 9 – (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

(h) Adopt ordinances prohibiting, restricting, suppressing or otherwise regulating the manufacture, sale, use, storage or possession of fireworks, and providing penalties for the violation - *SB338_R1* – 12 – thereof, if the ordinances are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

(a) Limit the number of transports of sick or injured persons to a medical facility that may be made by the fire department to not more than 1,000 such transports per year, except that the fire department may, exclusive of the limit, make any such emergency transport that is necessary for the health or life of a sick or injured person when other ambulance services are not available;

andkand or injured (b) Require the fire department and all other ambulance services operating in the county to report to the board:

(I)facility;(I) The fees charged to transport the person to a medical facility;(II) Whether the person had health insurance at the time of the tr(III) The name of the medical facility where the fire department or ambulance service transported the person to or from.

(II) Whether the person had health insurance at the time of the transport;

and (III) The name of the medical facility where the fire department or ambulance service transported the person to or from.

- *SB338* – 10 – 6.

7.

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of an ordinance adopted pursuant to paragraph (h) of subsection 1 shall reimburse the county for the direct and indirect costs incurred by the county to:

(a) Investigate any such violation;

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and - *SB338_R1* – 13 – (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of an ordinance adopted pursuant to paragraph (h) of subsection 1.

8.

The county may institute a legal proceeding to enforce the provisions of an ordinance adopted pursuant to paragraph (h) of subsection 1 or the provisions of subsection 7.

9.

Any ordinances adopted pursuant to this section and any provisions of this section concerning matters relating to fireworks do not apply to and do not prohibit the manufacture of fireworks for, or the transportation or sale of fireworks to, Indian reservations and Indian colonies.

10.

As used in this section:

(a) “Direct and indirect costs” includes, without limitation, costs for:

(1) Labor;

(2) Equipment and materials;

(3) Supervision of employees;

(4) Supplies;

(5) Tools;

(6) Transportation;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the county pursuant to a mutual aid agreement, intorlprovidereefire-fightingasupport,ctinvestigation, enforcement or aid;

and (b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

An ordinance passed[passed] adopted pursuant to subsection 1 must provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:

- *SB338_R1* – 14 – 3.

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of an ordinance adopted pursuant to subsection 1 shall reimburse the county for the direct and indirect costs incurred by the county to:

(a) Investigate any such violation;

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of an ordinance adopted pursuant to subsection 1.

4.

The county may institute a legal proceeding to enforce the provisions of an ordinance adopted pursuant to subsection 1 or the provisions of subsection 3.

5.

Any ordinances adopted pursuant to this section and any provisions of this section concerning matters relating to fireworks do not apply to and do not prohibit the manufacture of fireworks for, or the transportation or sale of fireworks to, Indian reservations and Indian colonies.

6.

As used in this section:

(a) “Direct and indirect costs” includes, without limitation, costs for:

(1) Labor;

(2) Equipment and materials;

(4) Supplies;on of employees;

(5) Tools;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the county pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other agreement to provide fire-fighting support, investigation, enforcement or aid;

and (10) Any other related expenses.

(b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

266.310 The1. city council may:

The city council may:

[1.] (a) Organize, regulate and maintain a fire department.

[2.] (b) Prescribe the duties of the fire chief.

[3.] (c) Designate arson investigators as peace officers.

[4.] (d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.

Any ordinance adopted pursuant to this - *SB338_R1* – 15 – subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

[5.] (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

(f) Adopt ordinances prohibiting, restricting, suppressing or otherwise regulating the manufacture, sale, use, storage or possession of fireworks, and providing penalties for the violation thereof, if the ordinances are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

2.

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of an ordinance adopted pursuant to paragraph (f) of subsection 1 shall reimburse the city for the direct and indirect costs incurred by the city to:

(a) Investigate any such violation;

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of an ordinance adopted pursuant to paragraph (f) of subsection 1.

provisions of an ordinance adopted pursuant to paragraph (f) ofe subsection 1 or the provisions of subsection 2.

provisions of this section concerning matters relating to fireworks do not apply to and do not prohibit the manufacture of fireworks for, or the transportation or sale of fireworks to, Indian reservations and Indian colonies.

5.

As used in this section:

(a) “Direct and indirect costs” includes, without limitation, costs for:

(1) Labor;

(2) Equipment and materials;

(3) Supervision of employees;

(4) Supplies;

(5) Tools;

(6) Transportation;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the city pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other - *SB338_R1* – 16 – agreement to provide fire-fighting support, investigation, enforcement or aid;

and (10) Any other related expenses.

(b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

Sec.

7.5.

Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

Organize,The regulategoverning body of an incorporated city may adopt ordinances prohibiting, restricting, suppressing or otherwise regulating the manufacture, sale, use, storage or possession of fireworks, and maintainproviding apenalties firefor department.the violation thereof, if the ordinances are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

PrescribeA person who sells, stores or uses fireworks, including fireworks for the dutiespurposes of commercial display, in violation of an ordinance adopted pursuant to subsection 1 shall reimburse the firecity chief.for the direct and indirect costs incurred by the city to:

3.(a) Investigate any such violation;

Designate(b) arsonSuppress investigatorsa asfire peaceresulting officers.from the sale, storage or use of such fireworks;

4.and (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of an ordinance adopted pur3.antThe city may institute a legal proceeding to enforce the provisions of this section.

Regulateprovisions orof this section concerning matters relating to fireworks do not apply to and do not prohibit the storagemanufacture of anyfireworks explosive,for, combustible or inflammablethe materialtransportation in or transportedsale throughof thefireworks areato, whereIndian itreservations mayand beIndian kept.colonies.

Any ordinance adopted pursuant to thisal subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

Establish,As byused ordinance,in a fire code and other regulations necessary to carry out the purposes of this section.section:

6.(a) “Direct and indirect costs” includes, without limitation, costs for:

Adopt(1) ordinancesLabor; prohibiting, restricting, suppressing or otherwise regulating the manufacture, sale, use, storage or possession of fireworks, and providing penalties for the violation thereof, if the ordinances are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

(2) Equipment and materials;

(3) Supervision of employees;

(4) Supplies;

(5) Tools;

(6) Transportation;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the city pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other - *SB338_R1* – 17 – agreement to provide fire-fighting support, investigation, enforcement or aid;

and (10) Any other related expenses.

(b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

- *SB338* – 11 – (a) The storage of gunpowder and other explosive or com(b)combustible Thematerials manufacture,[.] sale,; use, storage and possession of fireworks, and provide penalties for the violation thereof, if such regulations are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

and (b) The manufacture, sale, use, storage and possession of fireworks, and provide penalties for the violation thereof, if such regulations are at least as stringent as the regulations that are adopted by the State Fire Marshal pursuant to chapter 477 of NRS.

H3. - *SB338*

A person who sells, stores or uses fireworks, including fireworks for the purposes of commercial display, in violation of shall reimburse the town or county for the direct and indirect costs incurred by the town or county to:

(b) Suppress a fire resulting from the sale, storage or use of such fireworks;

and (c) Confiscate and dispose of such fireworks sold, stored or used in violation of the provisions of an ordinance adopted pursuant to paragraph (b) of subsection 1.

4.

The town or county may institute a legal proceeding to enforce the provisions of paragraph (b) of subsection 1 or the provisions of subsection 3.

5.

Any ordinances adopted pursuant to this section and any provisions of this section concerning matters relating to fireworks do not apply to and do not prohibit the manufacture of fireworks for, or the transportation or sale of fireworks to, Indian reservations and Indian colonies.

6.

As used in this section:

(a) “Direct and indirect costs” includes, without limitation, costs for:

(1) Labor;

(2) Equipment and materials;

- *SB338_R1* – 18 – (3) Supervision of employees;

(4) Supplies;

(5) Tools;

(6) Transportation;

(7) General and administrative expenses;

(8) Allocable benefits for employees;

(9) Amounts owed by the town or city pursuant to a mutual aid agreement, interlocal agreement, interstate compact or other agreement to provide fire-fighting support, investigation, enforc(10) Any other related expenses.

(b) “Fireworks” has the meaning ascribed to it by regulations adopted by the State Fire Marshal pursuant to NRS 477.030.

Sec.

9.

1.

This section and section 4 of this act become effective upon passage and approval.

2.

Sections 1, 2, 3 and 5 to 8, inclusive, of this act become effective on October 1, 2019.

H - *SB338_R1*