§ 474.550 — Liability of person, firm, association or agency causing fire or other emergency; immunity; exception

Nevada § 474.550

• Jurisdiction: Nevada
• Title 42: PROTECTION FROM FIRE; EXPLOSIVES
• Ch. 474: County

Text

1. Except as otherwise provided in this section and NRS 527.126 , within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol. Such a charge constitutes a debt which is collectible by the federal, state, county, city or district agency, or general improvement district created pursuant to NRS 318.1181 to furnish fire protection, incurring the expenses in the same manner as an obligation under a contract, express or implied.
2. In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a fire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:
(a) The forecasted and existing weather conditions;
(b) The conditions of fuel moisture; and
(c) The topography of the area of the fire.
3. Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of expenses and costs described in subsection 1 if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the fire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the fire, and at least one of the following circumstances applies:
(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;
(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or
(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.
4. If it is determined that the fire or other emergency was the result of an unavoidable accident, the person, firm, association or agency that caused the fire or emergency may not be charged the expenses incurred in extinguishing the fire or meeting the emergency.
5. As used in this section:
(a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.
(b) “Livestock” has the meaning ascribed to it in NRS 569.0085 .

Legislative History

(Added to NRS by 1975, 1638 ; A 1983, 808 ; 1993, 1204 ; 2015, 2229 ; 2021, 1370 )