Nevada § 318.1181 - Protection from fire: General powers; action to recover certain expenses incurred in extinguishing wildfire

§ 318.1181. Protection from fire: General powers; action to recover certain expenses incurred in extinguishing wildfire

1. In the case of a district created wholly or in part for the purpose of furnishing

fire protection, the board may: (a) Acquire fire protection equipment and acquire, construct or improve fire protection

facilities and make improvements necessary and incidental thereto; (b) Eliminate fire hazards existing within the district in the manner prescribed in NRS 474.580 for districts created pursuant to chapter 474 of NRS; (c) Clear public highways and private lands of dry grass, stubble, bushes, rubbish

and other inflammable material which in its judgment constitute a fire hazard; (d) Coordinate fire protection activities with the State Forester Firewarden; (e) Cooperate with the State Forester Firewarden in formulating a statewide plan for

the prevention and control of fires; and (f) Bring an action in any court of competent jurisdiction against any person, firm,

association or agency that is responsible for willfully or negligently causing a wildfire

to recover any expenses incurred by the district in extinguishing the wildfire and

reasonable attorney's fees and litigation expenses. 2. In determining whether a person, firm, association or agency is responsible for

willfully or negligently causing a wildfire, 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 wildfire. 3. Notwithstanding the provisions of paragraph (f) of subsection 1 and subsection

2, a person, firm, association or agency is immune from liability for the payment

of any expenses incurred by the district in extinguishing a wildfire and attorney's

fees and litigation expenses if the person, firm, association or agency immediately

notified the nearest fire-fighting agency of the wildfire, 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 wildfire, 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. 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 .