Nevada 2021 Regular Session Status: Enacted

SB 33 — Revises certain provisions relating to natural resource management. (BDR 47-312)

Last action — Chapter 145.

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This bill has been enacted into law. Introduced November 18, 2020. Enacted.

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(Reprinted with amendments adopted on April 13, 2021) FIRST REPRINT S.B.
Senate Bill No.
33 SENATE BILL NO .
33–Committee on Natural Resources CHAPTER..........
33–COMMITTEE ON NATURAL R ESOURCES (ON BEHALF OF THE D IVISION OFFORESTRY OF THE STATE D EPARTMENT OF C ONSERVATION AND N ATURAL R ESOURCES ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Revises certain provisions relating to natural resource management.
(BDR 47-312) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes the State Forester Firewarden to negotiate with and enter into cooperative agreements with certain governmental entities and with organizations and natural persons to establish and develop nurseries in this State for the procurement and production, research and display of forest tree seeds and goals, including advancing the general welfare and bringing about benefits thatof result from reforestation.
enter into cooperative agreements with certain governmental entities and withnd organizations and natural persons to establish and develop nurseries in this State for the procurement and production, research and display of forest tree seeds and conservation plant materials.
Such nurseries are meant to accomplish a variety of goals, including advancing the general welfare and bringing about benefits that result from reforestation.
(NRS 528.097) Sections 1-4, 6-8 and 19 of this bill replace the term “reforestation” with “revegetation.” - *SB33_R1* – 2 – vegetation is located that the State Forester Firewarden is responsible fors where conserving, protecting and enhancing.
with “revegetation.”ns 1-4, 6-8 and 19 of this bill replace the term “reforestation” Sections 3, 5 and 7 of this bill expand the types of vegetation and areas where vegetation is located that the State Forester Firewarden is responsible for conserving, protecting and enhancing.
(NRS 528.105) Section 7 of this bill provides that such distribution may occur for certain additional purposes, including soil erosion control, noise abatement, revegetation, greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing wildlife habitats.
(NRS 528.105) Section 7 of this bill provides that such distribution may occur for revegetation, greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing wildlife habitats.
all forestry and watershed work on state-owned and privately owned lands andinate authorizes the State Forester Firewarden to:
Existing law requires the State Forester Firewarden to supervise or coordinate all forestry and watershed work on state-owned and privately owned lands and authorizes the State Forester Firewarden to:
and (2) purchase or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
and (2) purchase or acquire by donation, supplies, material, equipment and improvements necessary to fire of this bill expand the application of the provisions relating to forests and watersheds to include rangelands and remove certain references to “forest” so that certain provisions apply to any lands in this State.
(NRS 472.040) Sections 10-14 of this bill expand the application of the provisions relating to forests and watersheds to include rangelands and remove certain references to “forest” so that certain provisions apply to any lands in this State.
Existing law requires the State Forester Firewarden to:
regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire-hazardous forested areas;
(1) adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire-hazardous forested areas;
Existing law additionally requires the State Forester Firewarden to assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
Existing law additionally requires the State Forester - 81st Session (2021) – 2 – Firewarden to assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(NRS 472.040) Section 10 of this bill removes the requirement that the State Forester Firewarden cooperate with the State Forester Firewarden concerning certain mitigationrshal to activities.
(NRS 472.040) Section 10 of this bill removes the requirement that the State Forester Firewarden carry out these duties.
Existing law requires the State Fire Marshal to adopt regulations relating to the prevention of fire.
Section 18 of this bill requires the State Fire Marshal to cooperate with the State Forester Firewarden concerning certain mitigation actiExisting law requires the State Fire Marshal to adopt regulations relating to the prevention of fire.
(NAC 477.281) Existing law provides that the regulations of the State Fire Marshal apply throughout the State, except that any regulations of the State Fire Marshal concerning matters relating to building codes do not apply to a county whose population is 700,000 or more (currently Clark County), if the county adopts a code Building Code.
(NAC 477.281) Existing law provides that the regulations of the State Fire Marshal apply throughout the State, except that any regulations of the State Fire Marshal concerning matters relating to building codes do not apply to a county whose population is 700,000 or more (currently Clark County), if the county adopts a code that is at least as stringent as the International Fire Code and the International the International Code Council.
(NRS 477.030) Section 18 provides that such a code adopted by aonal county whose population is 700,000 or more must also be at least as stringent as the International Wildland-Urban Interface Code.
(NRS 477.030) Section 18 provides that such ad by code adopted by a county whose population is 700,000 or more must:
Section 21 of this bill repeals the State Forester Firewarden’s authority to enforce all regulations relating to the reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure that is in a fire-hazardous forested area.
(1) also be at least as stringent as the International Wildland-Urban Interface Code;
Section 21 of this bill repeals the State Forester Firewarden’s authority to enforce provisions of existing law that require fire retardant roofing material to be used in areas designated as fire-hazardous forested areas.
and (2) be adopted within 2 years of the time such international codes are published by the International Code Council.
Section 9 provision.ll makes a conforming change by removing a reference to the repealed - *SB33_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 21 of this bill repeals the State Forester Firewarden’s authority to enforce all regulations relating to the reduction of brush, dense undergrowth and forested area.
Section 21 of this bill repeals the State Forester Firewarden’ss authority to enforce provisions of existing law that require fire retardant roofing material to be used in areas designated as fire-hazardous forested areas.
Section 9 of this bill makes a conforming change by removing a reference to the repealed provision.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1.
- 81st Session (2021) – 3 – 1.
or 2.
or rights-of-ways, areas that are commonly owned, greenbelts,s, public schools and public buildings.
Beautification purposes for parks, recreation areas, public rights-of-ways, areas that are commonly owned, greenbelts, schools and public buildings.
528.098 “Urban forestry” means the science of developing, caring for or cultivating conservation plant materials in an urban protection, stabilize soils, promote water conservation, reduce noise [and dust] levels, reduce fire hazards, improve human health, provide wildlife habitats, sustain local economies and improve esthetics.
528.098 “Urban forestry” means the science of developing, caring for or cultivating conservation plant materials in an urban environment to enhance air and water quality, provide shade protection, stabilize soils, promote water conservation, reduce noise [and dust] levels, reduce fire hazards, improve human health, provide wildlife habitats, sustain local economies and improve esthetics.
In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, support urban forestry, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from [reforestation] revegetation and the establishment of windbreaks, shelterbelts, wood lots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the State Forester - *SB33_R1* – 4 – Firewarden, subject to the approval of the Director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.
In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, support urban forestry, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from [reforestation] revegetation and the establishment of and arboretums on lands in the State of Nevada, the State Forester Firewarden, subject to the approval of the Director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.
The balance in the Fund may not be transferred to any other Fund.
The balance in the Fund may not be transferred to any other - 81st Session (2021) – 4 – Fund.
Any state nursery authorized by NRS 528.100 must be operated under management of the State Forester Firewarden and must propagate stock for uses as provided in this section.
Any state nursery authorized by NRS 528.100 Firewarden and must propagate stock for uses as provided in this section.
(f) Charge and collect for all plant materials distributed under paragraphs (d) and (e) in accordance with a fee schedule developed by the State Forester Firewarden and approved by the Director.
(f) Charge and collect for all plant materials distributed under by the State Forester Firewarden and approved by the Director.oped 3.
3.
Conservation plant materials distributed by the State Forester Firewarden under the provisions of paragraph (e) of subsection 2 must be used only for the purposes therein set forth.
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Conservation plant materials distributed by the State Forester Firewarden under the provisions of paragraph (e) of - *SB33_R1* – 5 – subsection 2 must be used only for the purposes therein set forth.
(b) Reducing the necessity of extending existing grounds and housing facilities;
- 81st Session (2021) – 5 – (b) Reducing the necessity of extending existing grounds and housing facilities;
2.
Children committed to forestry camps may be required:
(a) A Deputy Administrator of the Public Works - Professional Services Section;
Services Section;
and (b) A Deputy Administrator of the Buildings and Grounds Section.
andistrator of the Public Works - Professional (b) A Deputy Administrator of the Buildings and Grounds Section.
- *SB33_R1* – 6 – 3.
3.
Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
Except as otherwise provided in - 81st Session (2021) – 6 – devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.
must have a comprehensive knowledge of building codes and aon working knowledge of the principles of engineering or architecture as determined by the Administrator.
(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program.
(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:
For each such project, the monthly report must include, without limitation, a detailed description of the - *SB33_R1* – 7 – progress of the project which highlights any specific events, circumstances or factors that may result in:
(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;
- 81st Session (2021) – 7 – construction of the project or any substantial component of the project which materially affect the project;
and (b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173 [, 472.105] or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
and (b) Consult with an agency or official that is considering 455C.115, 461.173 [, 472.105] or 477.0325 and provide9.345, recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
- *SB33_R1* – 8 – (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f)] Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
- 81st Session (2021) – 8 – microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(j) Assess the codes, rules and regulations which are adopted by Lake Tahoe Basin and the Lake Mead Basin, and which are notin the subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest , rangeland and watershed management or the protection of [forests and other] lands from fire, subject to the approval of the board of county commissioners of each county concerned.
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest , rangeland and watershed management or the protection of [forests and other] lands commissioners of each county concerned.he board of county (b) Appoint suitable citizen-wardens.
(b) Appoint suitable citizen-wardens.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary - *SB33_R1* – 9 – firewardens.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens.
(d) Appoint certain paid foresters or firewardens to be arson investigators.
- 81st Session (2021) – 9 – investigators.
(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
certain paid foresters or firewardens to be arson (e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
The title to the real property must be examined and approved by the Attorney General.
The title to General.
(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
property must be examined and approved by the Attorney (h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may:
The State Forester Firewarden, with the approval of the Resources, may:
(a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve [forest and] vegetative cover in forests, on [forest] rangelands or on watershed lands.
State Department of Conservation and Natural (a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve [forest and] vegetative cover in forests, on [forest] rangelands or on watershed lands.
(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of [forest and] vegetative cover in forests, on [forest] rangelands and on - *SB33_R1* – 10 – watershed lands, including any work necessary to accomplish such purposes.
(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of [forest and] vegetative cover in forests, on [forest] rangelands and on - 81st Session (2021) – 10 – watershed lands, including any work necessary to accomplish such purposes.
(a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.
to the extent that precipitation may create floods and serious soil depletion and erosion.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest , rangeland and watershed land management and the protection of [the forest and watershed] such areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage [forest] vegetation management and the protection from fire of [forest or other] lands having an inflammable cover.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest , rangeland and watershed] such areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage [forest] vegetation management and the protection from fire of [forest or other] lands having an inflammable cover.
Sec.
- 81st Session (2021) – 11 – Sec.
- *SB33_R1* – 11 – 1.
1.
Enter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.
Enter into cooperative agreements with the State Forester Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.
472.070 The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.
472.070 The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.
Sec.
Secs.
15.
15-17.
16.
(Deleted by amendment.) Sec.
17.
(Deleted by amendment.) Sec.
and (2) Explosives in any commercial construction, but not in mining or the control of avalanches, - *SB33_R1* – 12 – 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.
and - 81st Session (2021) – 12 – mining or the control of avalanches,ial construction, but not in 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.
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.
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 dri(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
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.
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 jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.
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 - 81st Session (2021) – 13 – fire.f fire or any device that produces or may be used to produce 3.
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 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.] this State pursuant to paragraph (g) of subsection 1 of NRS 472.040.
The State Fire Marshal shall cooperate with the State Forester Firewarden in [the preparation of regulations relating to - *SB33_R1* – 13 – 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.] this State pursuant to paragraph (g) of subsection 1 of NRS 472.040.
6.
Marshal shall:
Except as otherwise provided in subsection 10, the State Fire Marshal shall:
as otherwise provided in subsection 10, the State Fire (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.
(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.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
(d) Cooperate with any local fire department in the investigation of (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
9.
- 81st Session (2021) – 14 – (a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;
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;
and - *SB33_R1* – 14 – (c) Assist local governments in drafting regulations and ordinances, on request or as the State Fire Marshal deems necessary.
and (c) Assist local governments in drafting regulations and ordinances, on request or as the State Fire Marshal deems necessary.
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.
If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.
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.
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:
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 property in this State:ce or safety of buildings, structures and (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 , [and] the International Building Code [,] and the International Wildland-Urban Interface Code, published by the International Code Council.
(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 , [and] 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 - 81st Session (2021) – 15 – International Fire Code , [and] the International Building Code and the International Wildland-Urban Interface Code within [1 year] 2 years after publication of such an edition.
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 and the International Wildland-Urban Interface 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.
(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 - *SB33_R1* – 15 – State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction.
The regulations to be adopted by the Commission under the provisions of NRS 548.410 to 548.435, inclusive, may include:
The regulations to be adopted by the Commission include:e provisions of NRS 548.410 to 548.435, inclusive, may [1.] (a) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.
[1.] (a) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.
TEXT OF REPEALED SECTIONS 472.041 Enforcement of regulations relating to reduction of vegetation around structures.
~~~~~ 21 - 81st Session (2021)
1.
The State Forester Firewarden may, in an area designated pursuant to paragraph (d) of subsection 1 of NRS 472.040, including, without limitation, any land within the 1/2-mile radius surrounding such an area, enforce all regulations relating to the - *SB33_R1* – 16 – reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure to reduce the exposure of the structure to fire and radiant heat and increase the ability of firefighters to protect the structure.
2.
The enforcement of these provisions must permit the planting of grass, trees, ornamental shrubbery or other plants used to stabilize the soil and prevent erosion so long as the plants do not form a means of rapidly transmitting fire from native growth to any structure.
472.100 Fire retardant roofing material to be used in areas designated as fire hazardous;
notice of standards;
enforcement;
pen1.ty.A residential or commercial building must not be constructed, altered, changed or repaired in any area designated by the State Forester Firewarden as fire hazardous if the construction uses roofing materials other than fire retardant roofing materials meeting the standards set by the State Forester Firewarden pursuant to NRS 472.040.
2.
The State Forester Firewarden shall notify the governing body of each city or county in which a building code is in effect as soon as standards for fire retardant roofing materials have been established pursuant to paragraph (e) of subsection 1 of NRS 472.040.
The governing body is responsible for the enforcement of the provisions of subsection 1 of this section within the areas over construction within the jurisdiction of any such governing body infor violation of subsection 1 of this section.
3.
The State Forester Firewarden is responsible for the enforcement of the provisions of subsection 1 in all areas of the State in which there is no building code in effect.
4.
Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
472.105 Required consultation before adoption of regulations concerning buildings or structures.
Before the State Forester Firewarden may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the State Forester Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.
H - *SB33_R1*
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Amendments

2 amendments

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Action History

  1. Chapter 145.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. Assembly Amendment No. 545 concurred in. To enrollment.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.

  6. Read second time. Amended. (Amend. No. 545.) To printer.

  7. From committee: Amend, and do pass as amended.

  8. In Assembly. Read first time. Referred to Committee on Natural Resources. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 16.) To printer.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Natural Resources. To printer.

Sponsors

  • Senate Committee on Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Natural Resources

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 33?
SB 33 is sponsored by Senate Committee on Natural Resources.
What is the current status of SB 33?
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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