LEGAL AUTHORITY

1
LEGAL AUTHORITY

• FOR LOCAL GOVERNMENTS

2
NEVADA REVISED STATUTESPowers of a County

• NRS 244.2961 County Fire District
• Organize, regulate and maintain the fire
  department.
• Appoint and prescribe the duties of the chief
• Establish a fire code/regulations

3
NEVADA REVISED STATUTESPowers of a City

• NRS 266.310 City Fire Department
• Organize, regulate and maintain a fire department
• Prescribe the duties of the chief
• Establish a fire code/regulations

4
CITY/COUNTY ORDINANCES(Carson City)

• Carson City Charter 2.160
• The Board of Supervisors may
• Organize, regulate, maintain, and disband a fire
  department
• Establish, by ordinance, a fire code and other
  regulations necessary to carry out the purposes
  of this section.
• Carson City Municipal Code Title 14
• Adoption of the International Fire Code

5
INTERNATIONAL FIRE CODE

• Chapter 1, Section 104.11 - Authority
• The fire chief or officer of the fire department
  in charge at the scene of a fire or other
  emergency involving the protection of life or
  property or any part thereof, shall have the
  authority to direct such operation as necessary
  to extinguish or control any fire, perform any
  rescue operation, investigate the existence of
  suspected or reported fires, gas leaks or other
  hazardous conditions or situations, or take any
  other action necessary in the reasonable
  performance of duty.

6
CASE LAW

• States and municipalities have the power to enact
  legislation to make rules and regulations and to
  do what is reasonable to protect against fires.
• Protection against explosions and fire
  constitutes one of the oldest functions of
  American local government

7
NEVADA REVISED STATUTESBudgetary Authority

• NRS 354 Local Government Finance and Budget Act
• Requires local government legislative body to
  adopt/approve final budget
• Upon adoption of the budget the amounts stated in
  it as proposed expenditures are appropriated for
  the purposes indicated in the budget.

8
NEVADA REVISED STATUTESCooperative Agreements

• NRS 277
• Permits local governments to enter into
  agreements to make the most efficient use of
  their powers by enabling them to cooperate with
  other governments on a basis of mutual advantage
• Can enter agreements with any local government,
  local district, state agency, federal agency,
  political subdivision of another state, tribal
  agencies, or any combination of these.

9
NEVADA REVISED STATUTESGeneral Authority

• NRS 475.070
• Prohibits interference with a firefighters
  efforts to extinguish a fire (or conduct likely
  to interfere with the extinguishment of a fire)
• Prohibits conduct that interferes with the
  efforts of a firefighter at the scene of an
  emergency (other than a fire)
• Citizens must obey lawful order of firefighter
• Misdemeanor citation can be issued.