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Nevada Administrative Code › Chapter 477 - State Fire Marshal › REVIEW OF PLANS › Section 477.740 - Plans subject to review; certificate of compliance required; general requirements

Current through June 11, 2024
1. The State Fire
			 Marshal Division shall review any plans concerning the construction, the site
			 and any system for protection from fire to determine if there is compliance
			 with the provisions of this chapter and any adopted codes relating to safety
			 from fire and the protection of life of any:
(a) Building owned or leased by the
			 State;
(b) Facility for public
			 education in a county whose population is 400,000 or more, or when requested by
			 the local building official or administrator of the facility;
(c) Health and care facility or child care
			 facility licensed by the State; and
(d) Building, project for construction or
			 system for protection from fire involving public occupancy, excluding
			 single-family detached dwellings, in any county whose population is less than
			 100,000, if there is no interlocal agreement between the State Fire Marshal
			 Division and the authority having jurisdiction or for which a request for
			 review is received from the owner or the authority having
			 jurisdiction.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › REVIEW OF PLANS › Section 477.745 - Response to deficiencies

Current through June 11, 2024
A response to any deficiencies noted by the State Fire Marshal
				as a result of his or her review of a plan pursuant to NAC 477.740 must be
				submitted to the State Fire Marshal within 14 working days after the notice of
				deficiencies is received. A contractor who fails to comply with the provisions
				of this section is subject to delays on the job site as a result of red tagging
				or any other manner of halting construction.
Added to NAC by St. Fire
				Marshal by R220-99, eff. 9-25-2000
NRS
				  477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › TYPE 1 EXHAUST SYSTEMS › Section 477.770 - Licensing requirements for servicing and cleaning

Current through June 11, 2024
1. A license must be obtained from the State
			 Fire Marshal to service and clean Type 1 exhaust system grease ducts. A Type 1
			 exhaust system grease duct has the meaning ascribed to it in the National Fire
			 Codes .
2. To obtain a license to
			 service and clean a Type 1 exhaust system grease duct, an applicant must:
(a) Submit an application;
(b) Provide a sample stick-on label to be
			 approved by the State Fire Marshal Division pursuant to NAC
			 477.790; and
(c) Pay the applicable fee.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › TYPE 1 EXHAUST SYSTEMS › Section 477.780 - Cleaning contracts and reports; reports of deficiencies; cleaning requirements; duties if contract expires or is not extended

Current through June 11, 2024
1. A
			 copy of the cleaning contract and cleaning reports for a Type 1 exhaust system
			 must be maintained at the site where the exhaust system is located and made
			 available to the authority having jurisdiction upon request.
2. After inspecting or cleaning a Type 1
			 exhaust system, a copy of a report describing any deficiencies found in the
			 system or a notice that service was refused or was extended beyond the
			 limitations of the contract must be sent to the authority having jurisdiction
			 by the close of business the next business day. A report describing any
			 deficiencies must specify all deficiencies that were not corrected during the
			 servicing of the system, including, but not limited to:
(a) Excessive grease;
(b) Inaccessible areas;
(c) Access panels which do not comply with
			 code specifications;
(d) Fans that
			 are not commercial or cleanable; and
(e) Missing filters.
The report must be signed by a person representing the owner
				of the system.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › TYPE 1 EXHAUST SYSTEMS › Section 477.790 - Attachment and contents of tag or stick-on label regarding servicing

Current through June 11, 2024
1. A stick-on label approved by the State
			 Fire Marshal Division must be attached to the hood of a Type 1 exhaust
			 system.
2. The stick-on label must
			 be attached to the system by the last person to work on the system for any
			 purpose. The stick-on label must be punched in an approved manner to indicate
			 the type of service performed on the system and the date. The stick-on label
			 must be signed with a legible signature by the holder of a certificate of
			 registration who directly supervises the work, and such information must remain
			 permanently on the stick-on label. A number stamp or date stamp must not be
			 used on the stick-on label.
3. The
			 stick-on label must be printed by a printing company and include the following
			 information:
(a) A schedule of required
			 service for the system;
(b) The
			 date when the system was last serviced;
(c) The date when the next service is
			 scheduled;
(d) The name and
			 certificate number of the person who last serviced the system;
(e) The name, address and telephone number of
			 the company; and
(f) The number of
			 the license issued by the State Fire Marshal.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › FIRE STANDPIPE SYSTEMS › Section 477.820 - Agreement for maintenance and inspection; duties upon notification of use of or fault in system

Current through June 11, 2024
1. Upon installing
			 a fire standpipe system, the owner of the system shall obtain a satisfactory
			 written agreement for the maintenance and inspection of the system. The
			 agreement must require that proper tests and inspections be performed by
			 persons holding proper certificates of registration at the prescribed
			 intervals. A copy of the agreement, along with proof that the firm which is to
			 conduct the inspections is adequately covered by liability insurance, must be
			 submitted to the authority having jurisdiction.
2. Within 24 hours after being notified by
			 the owner that a standpipe has been used or that a fault in a fire standpipe
			 system has occurred, a licensee, installer or service agency that has a service
			 contract with the owner must:
(a) Respond to
			 repair or restore the system;
(b)
			 Notify the authority having jurisdiction of the use of or fault in the
			 standpipe system; and
(c) Submit to
			 the State Fire Marshal evidence that the licensee, installer or service agency
			 has:
(1) The necessary equipment and approved
			 personnel;
(2) The necessary stock
			 of parts and devices;
(3) A valid
			 license issued by the State Contractors' Board; and
(4) A certification and approval by the
			 manufacturer from whom the equipment is purchased.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › FIRE STANDPIPE SYSTEMS › Section 477.830 - Submission of plans and specifications; corrected plans; certification of results of hydrostatic tests

Current through June 11, 2024
1. Before
			 installing or remodeling a fire standpipe system, the owner of the system shall
			 submit to the authority having jurisdiction:
(a) Design specifications for the
			 system;
(b) A list of materials to
			 be used in the system;
(c) Scale
			 drawings of the remodeling or installation which:
(1) Can be easily reproduced; and
(2) Are of sufficient detail to enable the
			 authority having jurisdiction to evaluate the effectiveness of the
			 system;
(d) A schedule
			 of tests required by the appropriate code; and
(e) Calculations for the flow of water for
			 the proposed system.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › FIRE STANDPIPE SYSTEMS › Section 477.840 - Certification of proper installation; metal placard required

Current through June 11, 2024
1. Following the installation of a fire
			 standpipe system, the licensee shall submit a letter to the authority having
			 jurisdiction certifying that the system has been installed in accordance with
			 the plans approved by the authority having jurisdiction and all applicable
			 state and local codes.
2. Within 30
			 days after completing the installation or remodeling of a fire standpipe
			 system, the licensee shall attach a metal placard which must:
(a) Identify all requirements for the
			 hydraulic design.
(b) The number,
			 size and location of system outlets and the calculated discharge of the highest
			 outlet.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › FIRE STANDPIPE SYSTEMS › Section 477.850 - Tag for recording installation, maintenance and inspection; notice of impairment

Current through June 11, 2024
1. A tag for
			 recording the installation, maintenance and inspection of fire standpipe
			 systems must be at least 4 inches long, 2 inches wide and conform to the
			 requirements of NAC
			 477.470.
2. The holder of a certificate of
			 registration who is supervising the work on a system must be present and
			 directly supervise at all times that work is being done on the system and must
			 sign, date and punch the tag and attach it to the system immediately at the
			 conclusion of testing or completion of the installation. If the system is found
			 to be impaired and the licensee does not have the authority to correct the
			 impairment, the word "impairment" must be written across the face of the tag in
			 black letters that are bold. The licensed firm shall notify the owner and the
			 authority having jurisdiction of the impairment in writing on the next business
			 day after completing the work.
Click to view
				image
3. If a
			 deficiency is discovered in the system, the licensed firm shall notify the
			 property owner of the deficiency in writing. The word "deficiency" must be
			 written across the tag in black letters that are bold. Upon receiving a notice
			 of deficiency, the property owner shall correct the deficiency within 30
			 calendar days of such receipt. If the property owner fails to correct the
			 deficiency within 30 calendar days after receiving the notice of deficiency,
			 the licensed firm shall submit the notice of deficiency to a fire code official
			 within 2 business days after the 30 calendar days expire. The tag with the word
			 "impairment" must be at least 4 inches long and 2 inches wide and must be in
			 the following form:
Click to view
				image
Added to NAC by St. Fire
				Marshal, eff. 3-9-89; A by R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10,
				12-30-2011; A by
				R132-18A,
				eff. 2/20/2020; A by
				R132-18CAP,
				eff. 12/16/2020
NRS
				477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › FIRE STANDPIPE SYSTEMS › Section 477.905 - National Fire Incident Reporting System: Reporting requirements

Current through June 11, 2024
For the purposes of the National Fire Incident Reporting System
				to be put into effect throughout this State as required by
				NRS
				477.030:
1. All local fire jurisdictions in this State
			 shall report to the United States Fire Administration of the Federal Emergency
			 Management Agency such data required to publish a summary of fire incident
			 information that is compatible with the National Fire Incident Reporting
			 System.
Each local fire jurisdiction may designate one or more
				representative who complies with the reporting requirements of this section on
				behalf of the local fire jurisdiction.
2. The State Fire Marshal will ensure that
			 the local fire jurisdictions report the data to the United States Fire
			 Administration of the Federal Emergency Management Agency pursuant to
			 subsection 1. Because the State of Nevada has been designated as an
			 "all-incident reporting state," local fire jurisdictions shall report their
			 statistics at least every quarter and not later than February 1 of the
			 following year.
3. A local fire
			 jurisdiction that is facing technical difficulties in providing information
			 pursuant to this section will receive assistance from the State Program Manager
			 for the National Fire Incident Reporting System within the State Fire Marshal
			 Division.
4. A local fire
			 jurisdiction may use computer-aided programs in reporting its information if
			 the programs have been certified for such use by the United States Fire
			 Administration. A local fire jurisdiction that uses:
(a) A third-party data integration system
			 that has been certified by the United States Fire Administration shall ensure
			 that the system connects to the Bulk Import Utility found on the Internet
			 website of the National Fire Incident Reporting System or has the ability to
			 upload data manually for the local fire jurisdiction.
(b) A data integration system that has been
			 certified by the United States Fire Administration shall report at least every
			 quarter and not later than February 1 of the following year to the United
			 States Fire Administration pursuant to subsection 1.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › MISCELLANEOUS REQUIREMENTS › Section 477.910 - New buildings: Constructed by or for State; owned by State; penalty for removing or disabling smoke detector

Current through June 11, 2024
1. Every new
			 building constructed by or for the State of Nevada must meet or exceed the
			 minimum requirements of this chapter and the codes adopted by the State Fire
			 Marshal.
2. Except as otherwise
			 provided in subsection 3, a new building owned by the State must be equipped
			 with an automatic fire suppression system if the building is:
(a) More than 5,000 square feet in
			 size;
(b) Used for sleeping
			 purposes; or
(c) Otherwise required
			 to be equipped with an automatic fire suppression system pursuant to the
			 International Fire Code, 2018 edition.
Rooms in such a new building which are to be used for sleeping
				purposes must be equipped with smoke detectors. The smoke detectors must
				receive their primary power from the building's wiring, with provision made for
				the detection of smoke during a power failure.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › MISCELLANEOUS REQUIREMENTS › Section 477.912 - Buildings owned by State: Inspection reports

Current through June 11, 2024
1. For
			 the purposes of
			 NRS
			 477.035, the State Fire Marshal will:
(a) Classify a state-owned or state-occupied
			 building as a Class I building if the building meets one or more of the
			 following criteria:
(1) The building is used
			 for sleeping purposes. Such buildings include, without limitation, a prison,
			 conservation camp, residence for a park ranger, dormitories for students of a
			 college or university, and the Governor's Mansion.
(2) The building is critical to the
			 continuous operation of the State. Such buildings include, without limitation,
			 the Capitol Building in Carson City, the Legislative Building in Carson City,
			 the Supreme Court Building in Carson City, the Grant Sawyer Building in Las
			 Vegas, and the group of buildings in Las Vegas and Carson City which provide
			 central locations for the state agencies that are responsible for emergency
			 operations.
(3) The building is of
			 high value to the infrastructure of the State. Such buildings include, without
			 limitation, the headquarters of the Department of Motor Vehicles, the
			 headquarters of the Department of Transportation, and any building used by the
			 Division of Enterprise Information Technology Services of the Department of
			 Administration for processing data.
(4) The building is used for the storage,
			 handling or processing of large quantities of hazardous materials. Such
			 buildings include, without limitation, the University of Nevada School of
			 Medicine, the buildings used by the Department of Transportation to produce
			 signs, and any building which qualifies as occupancy classification of H as set
			 forth in the building and fire codes and standards adopted by reference in NAC
			 477.281.
(5) The building is of
			 significant historical value to the State. Such buildings include, without
			 limitation, the former United States Mint Building in Carson City.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › MISCELLANEOUS REQUIREMENTS › Section 477.915 - Existing buildings owned by State: Requirements; reporting of fires; smoke detectors; penalty for violation of section

Current through June 11, 2024
1.
			 Every existing state-owned building must:
(a)
			 Comply with the provisions of
			 NRS
			 477.100 to
			 477.170,
			 inclusive;
(b) Meet the
			 requirements of the building code in effect when the building was
			 constructed;
(c) If the building:
(1) Regardless of occupancy designation, has
			 a floor area which exceeds 12,000 square feet on any floor or 24,000 square
			 feet on all floors, including any mezzanines; or
(2) Is designated as an R occupancy, be
			 scheduled for installation of an automatic fire suppression system during the
			 next remodeling of or addition to the building unless the existing building is
			 included in a designated group of buildings, a compound or a campus which has a
			 long-term fire protection improvement plan that has been approved by the State
			 Fire Marshal for the installation of automatic fire suppression systems over an
			 agreed period of time;
(d) Meet the requirements for fire flows
			 contained in this chapter and the International Fire Code, 2018 edition;
			 and
(e) Be equipped with
			 noncombustible containers for the disposal of smoking materials in designated
			 smoking areas.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › MISCELLANEOUS REQUIREMENTS › Section 477.917 - Existing buildings and structures: Alterations, repairs, additions or changes of occupancy

Current through June 11, 2024
1. The
			 International
Existing
Building Code, 2018 edition, will be
			 used to determine whether an alteration, repair, addition or change of
			 occupancy of an existing building or structure must comply with the
			 requirements for a new building or structure.
2. Structures existing before November 1,
			 1994, must comply with the requirements set forth in section 1301.2 of the
			 International
Existing
Building Code, 2018 edition.
Added to NAC by St. Fire
				Marshal by R062-04, eff. 9-3-2004; A by R102-08, 9-18-2008; Added to NAC by St.
				Fire Marshal by R062-04, eff. 9-3-2004; A by R102-08, 9-18-2008; A by
				R123-13,
				eff. 1/16/2015; A by
				R132-18A,
				eff. 2/20/2020; A by
				R132-18CAP,
				eff. 12/16/2020
NRS
				477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › MISCELLANEOUS REQUIREMENTS › Section 477.920 - Commercial buildings in rural regions

Current through June 11, 2024
1. Unless otherwise
			 required by state statute or regulation or local ordinance, a new commercial
			 building that has more than 5,000 square feet of floor space must be equipped
			 with an automatic fire suppression system if:
(a) The community or area where the building
			 is located is not served by a water system or utility or cannot produce the
			 required fire flow;
(b) The
			 community or area is not served by an organized fire department that is capable
			 of responding to the report of an alarm at the building within 10
			 minutes;
(c) The building is not
			 served by a fire apparatus access road; or
(d) The community or area does not meet the
			 requirements of chapter 445A of NAC.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.930 - Definitions

Current through June 11, 2024
As used in NAC 477.930 to 477.997, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 477.933, 477.935
				  and 477.937 have the meanings ascribed to them in those sections.
Added to
				  NAC by St. Bd. of Fire Services by
				  R124-13,
				  eff. 6/26/2015
NRS 233B.050,
					 477.085
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.933 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means the State Fire Marshal or any person
				  designated by the State Fire Marshal to conduct a hearing.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.937 - "Petitioner" defined

Current through June 11, 2024
"Petitioner" means a person who requests a hearing.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.940 - Scope

Current through June 11, 2024
NAC 477.930 to 477.997, inclusive, provide procedures for any
				  hearing authorized by statute to be conducted by the Division.
Added to
				  NAC by St. Bd. of Fire Services by
				  R124-13,
				  eff. 6/26/2015
NRS 233B.050,
					 477.085
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.943 - Investigation; notice of alleged violations; administrative hearing

Current through June 11, 2024
1. When the State Fire Marshal, the Division
				or its investigators receive written notice alleging fraud, misrepresentation,
				malpractice, incompetence, gross negligence or reckless disregard of public
				safety on the part of any person licensed or certified under this chapter, the
				State Fire Marshal or the investigators of the Division will conduct an
				investigation of the allegations. The investigation will concentrate on
				violations of this chapter, deceptive trade practices as set forth in chapter
				598 of NRS and other pertinent criminal and civil violations set forth in NRS.
				The use of any unauthorized, faulty or otherwise unacceptable equipment
				discovered during an investigation may be prohibited pending a final
				determination. A license or certificate will be suspended during an
				investigation if the investigation reveals conditions which the State Fire
				Marshal considers an imminent threat to public safety.
2. Pursuant to an investigation conducted
				pursuant to subsection 1, an investigator of the Division may issue a notice of
				alleged violations against a respondent for such issues. The notice of alleged
				violations must include:
(a) A statement of
				the time, place and nature of the administrative hearing to address the notice
				of alleged violations.
(b) A short
				and plain statement of the type of administrative action that might be taken
				upon an adverse finding against the respondent at the administrative hearing,
				including, without limitation, the refusal to issue or renew, or the suspension
				or revocation of, a certificate of registration or license by the State Fire
				Marshal.
(c) A short and plain
				statement of the legal authority and jurisdiction under which the
				administrative hearing is to be held.
(d) A reference to the particular sections of
				the statutes and regulations involved and upon which the notice of alleged
				violations is based.
(e) A short
				and plain statement of the matters asserted.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.945 - Appearances and representation of parties

Current through June 11, 2024
1. Appearances and
				representation of parties must be as follows:
(a) A party is entitled to appear in person
				or be represented by his or her attorney.
(b) One of the partners may appear for a
				partnership.
(c) A corporate
				officer or an authorized regular employee of the corporation may appear for a
				corporation.
(d) An authorized
				officer, agent or employee of a municipal corporation may appear for the
				municipal corporation.
(e) A bona
				fide officer or an authorized officer or employee of an association may appear
				for the association.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.947 - Formal pleadings not required

Current through June 11, 2024
Unless otherwise required by NAC 477.930 to 477.997,
				  inclusive, formal written pleadings are not required, but a party may file with
				  the hearing officer written points and authorities supporting his or her
				  position.
Added to
				  NAC by St. Bd. of Fire Services by
				  R124-13,
				  eff. 6/26/2015
NRS 233B.050,
					 477.085
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.950 - Correspondence; service of documents; inspection of documents

Current through June 11, 2024
1. All correspondence regarding a hearing
				must be addressed to the Office of the State Fire Marshal Division at 107
				Jacobsen Way, Carson City, Nevada 89701.
2. All documents shall be deemed served on:
(a) The State Fire Marshal when received by
				the Office at the address in subsection 1;
(b) A petitioner when they are mailed to the
				petitioner at the address specified in the request for a hearing or, if one is
				not specified, to his or her last known address as shown on the records of the
				Division; and
(c) The State Fire
				Marshal when received by the legal office of the Division in the matter of an
				appeal of a decision by a hearing officer to a district court of this State.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.953 - Postponement of hearings

Current through June 11, 2024
1. A party may
				request a change of the date for the hearing. If the hearing officer grants a
				postponement of the hearing, a new date will be set which is not more than 30
				days after the date scheduled for the first hearing except for good cause.
2. Except for good cause, the
				request for a postponement of the hearing must:
(a) Be in writing;
(b) State the reason for the postponement;
				and
(c) Be received by the hearing
				officer not later than 5 days before the scheduled hearing.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.955 - Failure to appear

Current through June 11, 2024
1. Where the State
				Fire Marshal has served the petitioner with a notice of the time and place of
				the hearing and neither the petitioner nor the petitioner's attorney appears
				and that failure to attend is without good cause, the failure to attend
				constitutes a default.
2. A
				default taken pursuant to subsection 1 will have the effect of a finding of
				guilt and result in the imposition of administrative penalties as determined by
				the State Fire Marshal or the hearing officer.
3. The State Fire Marshal or the hearing
				officer may conduct a hearing in the absence of the petitioner at the time a
				default is taken to establish findings of fact or for other purposes,
				including, without limitation, to assess appropriate penalties, punitive action
				and other administrative actions.
4. If the failure to appear was for good
				cause, the party may, within 10 business days, make a new request for a
				hearing. The State Fire Marshal or the hearing officer will determine whether
				the failure to appear was for good cause and, if so, grant a new
				hearing.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.957 - Prehearing conference

Current through June 11, 2024
1. A prehearing
				conference may be held, upon the motion of the hearing officer or upon the
				motion of any party, to formulate or simplify the issues, obtain admissions of
				fact and of documents which will avoid unnecessary proof, arrange for the
				exchange of proposed exhibits or prepared expert testimony, limit the number of
				witnesses, and consider any other matters which may expedite orderly conduct
				and disposition of the proceedings or a settlement of the matter.
2. Notice of the prehearing conference will
				be served on each party at least 7 days before the date set for the conference.
3. The action taken at the
				conference and the agreements made there by the parties will be made a part of
				the record and must be approved by the parties. When approved, the action
				controls the course of subsequent proceedings, unless otherwise stipulated by
				each party with the consent of the hearing officer.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.960 - Hearing officer; record

Current through June 11, 2024
Every hearing will be conducted before a hearing officer and
				  the oral proceedings recorded by equipment for recording sound. The record will
				  be retained for a period of 90 days after the date of the decision. A certified
				  copy of the taped record will be made available to a party upon written request
				  to the State Fire Marshal. The requesting party shall pay the cost of producing
				  the copy.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.963 - Behavior at hearing

Current through June 11, 2024
If any person behaves in such a manner as to interfere with
				  the orderly conduct of the hearing, the hearing officer will warn the person to
				  cease the improper behavior. The warning will be part of the record. If the
				  improper behavior continues or resumes, the hearing officer will exclude that
				  person from the hearing.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.965 - Hearing conducted by Division: Manner of taking testimony; where conducted

Current through June 11, 2024
Notwithstanding any specific statute to the contrary, with
				  regard to any hearing required to be conducted by the Division pursuant to this
				  chapter:
1. The testimony of any
				party or witness may be taken by telephone, videoconference or other electronic
				means; and
2. The hearing may be
				conducted at any location so long as the hearing officer allows each party and
				witness to testify by telephone, videoconference or other electronic
				means.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.967 - Presentation of evidence

Current through June 11, 2024
1. In all hearings,
				unless otherwise ordered by the hearing officer, the Division will present its
				evidence first and has the right of rebuttal.
2. When an objection is made to the
				admissibility of evidence, the evidence will be received subject to a ruling by
				the hearing officer.
3. The
				affidavit of any person may be admitted into evidence. All parties have the
				right to present evidence to rebut the contents of any affidavit.
4. Witnesses may be questioned by the hearing
				officer. The hearing may be recessed by the hearing officer when necessary.
5. The hearing officer will
				adjourn the hearing for the submittal of further evidence or to hear further
				testimony when justice would not be served otherwise, and will adjourn the
				hearing at the request of any party for good cause shown, but for not more than
				30 days after the date scheduled for the first hearing, except for
				cause.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.970 - Fees and expenses of witnesses

Current through June 11, 2024
1. Any witness
				appearing on behalf of the Division or testifying on behalf of the Division,
				except a party or an officer or employee of this State testifying during his or
				her regular hours for work, is entitled to receive the same fees and expenses
				as are provided for witnesses in NRS
				NRS
				50.225.
2. A party other than the Division requesting
				the appearance of a witness shall pay the fees and expenses of the witness as
				are provided for witnesses in NRS
				NRS
				50.225.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.973 - Consolidation

Current through June 11, 2024
The State Fire Marshal may consolidate two or more
				  proceedings in one hearing when it appears that the issues are substantially
				  the same and the rights of the parties will not be prejudiced by the
				  consolidation.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.975 - Briefs; oral argument

Current through June 11, 2024
1. Briefs which
				have been ordered by the hearing officer must be filed within the time allowed
				by the hearing officer and must be accompanied by an acknowledgment or
				affidavit showing service of the brief on the other parties.
2. Oral argument may be allowed in support of
				written briefs or presentation of the case.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 233B.050,
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Hearings › Section 477.977 - Rehearing

Current through June 11, 2024
1. If a petition for judicial review of the
				decision has not been filed, upon written application by a party within 20 days
				after service of a copy of the decision, a rehearing may be ordered upon such
				terms and conditions as the hearing officer considers just and proper. The
				application will not be granted except upon a showing that:
(a) A party was not properly served with a
				notice to appear; or
(b) There is
				additional evidence which is material and good cause existed for the failure to
				present that evidence at the hearing.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.980 - Order for corrective action: Determination of whether to include order in administrative citation

Current through June 11, 2024
In addition to any other factors that the State Fire Marshal
				  or the Board uses to determine whether an administrative citation issued
				  pursuant to NRS
				  NRS
				  477.240 should include an order for
				  corrective action, the State Fire Marshal or the Board will consider:
1. The willingness of the owner of the
				affected property to allow such corrective action; and
2. A determination by the State Fire Marshal
				or his or her designee that the person to whom the administrative citation was
				issued is able to perform the corrective action.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.981 - Order for corrective action: Determination of time permitted for compliance

Current through June 11, 2024
In determining the time permitted for compliance with an
				  order for corrective action, as required to be stated in a written citation
				  pursuant to NRS
				  NRS
				  477.240, the State Fire Marshal or the Board
				  will determine the time for compliance with the order by considering, without
				  limitation:
1. The accepted industry
				practice regarding the performance of the work necessary to comply with the
				order for corrective action, in the climate or weather conditions of the area
				in which the affected property is located.
2. The number of days during which the owner
				of the affected property will make the property available for the person to
				whom the administrative citation was issued to comply with the order for
				corrective action.
3. The time
				necessary to obtain materials required for the person to whom the
				administrative citation was issued to comply with the order for corrective
				action.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.983 - Order for corrective action: Extension of time for compliance

Current through June 11, 2024
1. A person who is issued an administrative
				citation pursuant to
				NRS
				477.240 which includes an order for
				corrective action may request an extension of time to comply with the order.
2. A request for an extension made
				pursuant to this section must:
(a) Be
				submitted in writing to the State Fire Marshal;
(b) Set forth an explanation of the efforts
				made by the person to comply with the order for corrective action; and
(c) Be received by the State Fire
				Marshal or his or her designee before the expiration of the time allowed for
				compliance with the order set forth in the citation.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.985 - Order for corrective action: Responsibility of person cited for performance by hired licensee

Current through June 11, 2024
If a person who is issued an administrative citation pursuant
				  to NRS
				  NRS
				  477.240 which includes an order for
				  corrective action hires and pays a licensee to perform the corrective action,
				  the cited person is responsible for any failure of the hired licensee to comply
				  with the order for corrective action included in the citation.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.987 - Administrative citation: Service; contents

Current through June 11, 2024
A written administrative citation issued pursuant to NRS
				  NRS
				  477.240 may be served by personal service on
				  the person named in the administrative citation, or a designated representative
				  thereof, or by certified mail to the address of record of the person and must
				  include, to the extent applicable:
1.
				The name and last known business or residential address of the person;
2. A numbered identification of
				the person, if applicable;
3. The
				date on which the citation is issued;
4. The number of the citation;
5. A list of the sections of this chapter or
				any applicable chapter of NRS which the person is alleged to have violated and
				a description of the alleged violation;
6. Corrective actions, if any, ordered
				against the person;
7.
				Administrative fines, if any, to be assessed against the person;
8. The reimbursement costs, if any, which the
				person is ordered to pay to cover the costs of any investigation;
9. The date by which the person must complete
				any corrective actions ordered;
10. The date by which the person must pay any
				administrative fines or reimbursement of investigative costs;
11. A description of the manner in which the
				person may contest the citation, including, without limitation, the period
				during which the person may contest the citation and the consequences of
				failing to contest the citation timely;
12. The signature of the State Fire Marshal
				or his or her designee or the Chair of the Board; and
13. Any other information required by the
				State Fire Marshal or the Board.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.990 - Administrative citation: Withdrawal

Current through June 11, 2024
A written administrative citation issued pursuant to NRS
				  NRS
				  477.240 may be withdrawn:
1. By the Board at any time.
2. By the State Fire Marshal:
(a) Before the citation is deemed a final
				order of the Board pursuant to NRS NRS
				NRS
				477.245; or
(b) If the cited person contests the
				citation, before the commencement of the hearing on the contest of the
				citation.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.991 - Administrative fine: Specification of violation; amount

Current through June 11, 2024
1. If the State Fire Marshal or his or her
				designee or the Board issues an administrative citation pursuant to NRS
				NRS
				477.240 which includes an administrative
				fine, each such fine assessed by the State Fire Marshal or his or her designee
				or the Board must:
(a) Specify the violation
				for which the person is being cited; and
(b) Be based on the number of occurrences in
				which the person has been found to have committed the same violation within the
				most recent 24-month period preceding the last occurrence.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.993 - Refusal, suspension or revocation of license; grounds

Current through June 11, 2024
1. The State Fire Marshal, or the Board upon
				appeal of a decision of the State Fire Marshal, may refuse to issue or renew,
				or may suspend or revoke, any certificate of registration or license if he or
				she determines that an applicant, licensee or registrant has:
(a) Obtained or attempted to obtain a license
				or certificate of registration by fraud, misrepresentation or falsifying
				information required on an application form.
(b) Engaged in any act of dishonesty in
				connection with any test administered by or on behalf of the State Fire Marshal
				or any local fire agency or department of any jurisdiction of any
				state.
(c) Been found by a court of
				law or an administrative agency of any state to have committed malpractice or
				incompetence in the practice of the applicant's, licensee's or registrant's
				trade, craft or profession.
(d)
				Failed to obtain the necessary tools or materials required by the State Fire
				Marshal for performing the work for which the license was issued.
(e) Failed to pay the annual fees for renewal
				of a license or certificate of registration.
(f) Violated any provision of this chapter
				three or more times within a 12-month period, except that a single violation of
				any provision of this chapter that is determined to constitute gross negligence
				or reckless disregard for public safety constitutes grounds for the refusal to
				issue or renew, or the suspension or revocation of, any certificate of
				registration or license.
(g)
				Submitted payment for a license or certificate upon an account which has
				insufficient funds.
(h) Been
				convicted of a felony.
(i) Refused
				to cooperate with the State Fire Marshal or the Board in an
				investigation.
(j) Created an
				imminent hazard to life. For the purposes of this paragraph, an "imminent
				hazard to life" exists when:
(1) A system to
				detect, suppress or protect against fire is reduced to less than 80 percent of
				its design standard by an action, whether malicious or not, of a licensee or
				holder of a certificate of registration; or
(2) A fire appliance or device is made
				nonfunctional because more than 20 percent of the appliances or devices
				provided to a building or area become nonfunctional because of the improper
				service of a licensee or the holder of a certificate of registration.
(k) Agents or principals who have
				violated the provisions of this subsection.
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.995 - Procedures for review of actions by the Division

Current through June 11, 2024
Any person who has reason to believe that an action by the
				  Division or one or more staff members has been incorrect, or based on
				  inadequate knowledge, may seek relief by the following procedures:
1. First, reliance must be placed on informal
				discussion with the staff member and the chief of the bureau which is concerned
				with the program in question.
2.
				If this discussion does not resolve the problem, an informal conference may be
				requested by letter to the Chief of the Division. The conference must be held
				at a place and time mutually agreed upon. The Chief of the Division and the
				chief of another bureau, to be designated by the State Fire Marshal, will be
				present. A written summary of the conference will be prepared. This summary
				will include a brief resume of the matters discussed, and the conclusions and
				recommendations which resulted from the conference.
3. This section does not apply if there are
				statutes or regulations of the State Fire Marshal providing appellate
				procedures for a particular issue.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 477 - State Fire Marshal › PRACTICE BEFORE DIVISION › Disciplinary Action › Section 477.997 - Procedures for declaratory orders and advisory opinions

Current through June 11, 2024
1. Any person with a direct and tangible
				interest who desires a declaratory order or advisory opinion regarding the
				applicability of any statutory provision or of a regulation or decision of the
				Division may petition by letter to the State Fire Marshal. Four copies of the
				petition must be submitted.
2. The
				State Fire Marshal will issue a declaratory order or an advisory opinion and
				mail it to the petitioner within 30 days after the petition is
				received.
Added by
				  R124-13,
				  eff. 6/26/2015
NRS
					 477.030
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.100 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
			 the words and terms defined in NAC
			 480.110 to
			 480.175, inclusive, have the
			 meanings ascribed to them in those sections.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.110 - "Certification" defined

Current through June 11, 2024
"Certification" means to attest authoritatively in a written
			 statement.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.115 - "Cybersecurity incident response plan" defined

Current through June 11, 2024
"Cybersecurity incident response plan" means a cybersecurity
			 incident response plan that satisfies the requirements of NAC
			 480.200.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.120 - "Data breach" defined

Current through June 11, 2024
"Data breach" means an incident where protected or sensitive
			 information is, without limitation, copied, transmitted, viewed, stolen or used
			 by a person not authorized to do so.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.125 - "Detect" defined

Current through June 11, 2024
"Detect" means to discover or identify the presence or existence
			 of a cybersecurity threat.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950
Nevada Administrative Code › Chapter 480 - Security of Information Systems › Section 480.130 - "Distributed denial of service" defined

Current through June 11, 2024
"Distributed denial of service" means a malicious attempt to
			 disrupt the normal traffic of a targeted server, service or network by
			 overwhelming the target or the surrounding infrastructure of the target with a
			 flood of Internet traffic.
Added to NAC by Office of
			 Cyber Defense Coord. by R088-19, eff. 12/29/2020
NRS
				480.935,
				480.950