S.B. 288
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SENATE BILL NO. 288–COMMITTEE ON COMMERCE AND LABOR
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON COMMERCE AND LABOR)
MARCH 5, 2025
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Referred to Committee on Government Affairs
SUMMARY—Establishes certain requirements relating to areas in
which the risk of fire is high. (BDR 42-518)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to fire protection; requiring the State Forester
Firewarden to designate areas in this State with a high risk
of fire hazards; requiring certain information concerning a
property located in such an area to be included on a form
for disclosing the condition of residential property offered
for sale; requiring a governing body which issues building
permits to notify an applicant that the site for which the
permit is sought is located in such an area; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the position of State Forester Firewarden and sets forth the 1
powers and duties of the State Forester Firewarden, including a requirement for the 2
State Forester Firewarden to administer all fire control laws and all forestry laws in 3
Nevada outside of townsite boundaries and perform any other duties assigned by 4
state law. (NRS 472.010, 472.040) Section 1 of this bill requires the State Forester 5
Firewarden to designate by regulation the boundaries of each area in this State with 6
a high risk of fire hazards. 7
Existing law requires the Real Estate Division of the Department of Business 8
and Industry to adopt regulations prescribing the format and contents of a form for 9
disclosing the condition of residential property offered for sale. (NRS 113.120) 10
Section 2 of this bill requires the Division to include on such a form a provision 11
which requires the seller of the property to indicate whether the property is located 12
in an area which is designated by the State Forester Firewarden as an area with a 13
high risk of fire hazards pursuant to section 1. 14
Existing law prohibits construction without a building permit issued by the 15
building official with authority over the land where any proposed construction 16
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would take place and authorizes the governing body of any city or county to fix a 17
reasonable schedule of fees for the issuance of such permits. (NRS 278.580, 18
278.610) If a person submits an application for any building permit for the 19
construction of a building or other structure on a site located within an area 20
designated by the State Forester Firewarden as an area with a high risk of fire 21
hazards pursuant to section 1, section 3 of this bill requires a governing body to 22
notify the applicant that the site for which the building permit is sought is located 23
within such an area. Section 4 of this bill applies the definitions in existing law 24
governing planning and zoning to the provisions of section 3. 25
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 472.040 is hereby amended to read as follows: 1
472.040 1. The State Forester Firewarden shall: 2
(a) Supervise or coordinate all forestry, rangeland and watershed 3
work on state-owned and privately owned lands, including fire 4
control, in Nevada, working with federal agencies, private 5
associations, counties, towns, cities or private persons. 6
(b) Administer all fire control laws and all forestry laws in 7
Nevada outside of townsite boundaries, and perform any other 8
duties designated by the Director of the State Department of 9
Conservation and Natural Resources or by state law. 10
(c) Assist and encourage county or local fire protection districts 11
to create legally constituted fire protection districts where they are 12
needed and offer guidance and advice in their operation. 13
(d) Purchase communication equipment which can use the 14
microwave channels of the state communications system and store 15
this equipment in regional locations for use in emergencies. 16
(e) Administer money appropriated and grants awarded for fire 17
prevention, fire control and the education of firefighters and award 18
grants of money for those purposes to fire departments and 19
educational institutions in this State. 20
(f) Determine the amount of wages that must be paid to 21
offenders who participate in conservation camps and who perform 22
work relating to fire fighting and other work projects of 23
conservation camps. 24
(g) Cooperate with the State Fire Marshal in the enforcement of 25
all laws and the adoption of regulations relating to the prevention of 26
fire through the management of vegetation in this State. 27
(h) Ensure that any adopted regulations are consistent with those 28
of fire protection districts created pursuant to chapter 318 or 474 of 29
NRS. 30
(i) Upon the request of the State Engineer, review a plan 31
submitted with an application for the issuance of a temporary permit 32
pursuant to NRS 533.436. 33
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(j) Work collaboratively with and provide technical assistance to 1
federal, state and local agencies and property owners to: 2
(1) Identify and mitigate the risks of wildfire to life, property 3
and ecosystems; 4
(2) Restore and maintain landscape resiliency; 5
(3) Create and maintain fire-adapted communities and 6
ignition-resistant communities; and 7
(4) Improve and support safe and effective responses to 8
wildfire. 9
(k) Designate by regulation the boundaries of each area in this 10
State with a high risk of fire hazards. 11
2. The State Forester Firewarden in carrying out the provisions 12
of this chapter may: 13
(a) Appoint paid foresters and firewardens to enforce the 14
provisions of the laws of this State respecting forest, rangeland and 15
watershed management or the protection of lands from fire, subject 16
to the approval of the board of county commissioners of each county 17
concerned. 18
(b) Appoint suitable citizen-wardens. Citizen-wardens serve 19
voluntarily except that they may receive compensation when an 20
emergency is declared by the State Forester Firewarden. 21
(c) Appoint, upon the recommendation of the appropriate federal 22
officials, resident officers of the United States Forest Service and 23
the United States Bureau of Land Management as voluntary 24
firewardens. Voluntary firewardens are not entitled to compensation 25
for their services. 26
(d) Appoint certain paid foresters or firewardens to be arson 27
investigators. 28
(e) Employ, with the consent of the Director of the State 29
Department of Conservation and Natural Resources, clerical 30
assistance, county and district coordinators, patrol officers, 31
firefighters, and other employees as needed, and expend such sums 32
as may be necessarily incurred for this purpose. 33
(f) Purchase, or acquire by donation, supplies, material, 34
equipment and improvements necessary for fire protection, fire 35
prevention and forest, rangeland and watershed management, 36
including, without limitation, cameras or other equipment necessary 37
for the early warning or detection of wildfires. 38
(g) With the approval of the Director of the State Department of 39
Conservation and Natural Resources and the State Board of 40
Examiners, purchase or accept the donation of real property to be 41
used for lookout sites and for other administrative, experimental or 42
demonstration purposes. No real property may be purchased or 43
accepted unless an examination of the title shows the property to be 44
free from encumbrances, with title vested in the grantor. The title to 45
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the real property must be examined and approved by the Attorney 1
General. 2
(h) Expend any money appropriated by the State to the Division 3
of Forestry of the State Department of Conservation and Natural 4
Resources for paying expenses incurred in fighting fires or in 5
emergencies which threaten human life. 6
3. The State Forester Firewarden, in carrying out the powers 7
and duties granted in this section, is subject to administrative 8
supervision by the Director of the State Department of Conservation 9
and Natural Resources. 10
Sec. 2. NRS 113.120 is hereby amended to read as follows: 11
113.120 The Real Estate Division of the Department of 12
Business and Industry shall adopt regulations prescribing the format 13
and contents of a form for disclosing the condition of residential 14
property offered for sale. The regulations must ensure that the form: 15
1. Provides for an evaluation of the condition of any electrical, 16
heating, cooling, plumbing and sewer systems on the property, and 17
of the condition of any other aspects of the property which affect its 18
use or value, and allows the seller of the property to indicate 19
whether or not each of those systems and other aspects of the 20
property has a defect of which the seller is aware. 21
2. Requires the seller of the property to indicate whether the 22
property is located in an area designated by the State Forester 23
Firewarden pursuant to section 1 of this act as an area with a high 24
risk of fire hazards. 25
3. Provides notice: 26
(a) Of the provisions of NRS 113.140 and subsection 5 of 27
NRS 113.150. 28
(b) That the disclosures set forth in the form are made by the 29
seller and not by the seller’s agent. 30
(c) That the seller’s agent, and the agent of the purchaser or 31
potential purchaser of the residential property, may reveal the 32
completed form and its contents to any purchaser or potential 33
purchaser of the residential property. 34
Sec. 3. Chapter 278 of NRS is hereby amended by adding 35
thereto a new section to read as follows: 36
If a person submits an application for any building permit for 37
the construction of a building or other structure on a site located 38
within an area designated by the State Forester Firewarden 39
pursuant to section 1 of this act as an area with a high risk of fire 40
hazards, the governing body responsible for issuing such permits 41
shall notify the applicant that the site for which the building 42
permit is sought is located within an area designated by the State 43
Forester Firewarden pursuant to section 1 of this act as an area 44
with a high risk of fire hazards. 45
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Sec. 4. NRS 278.010 is hereby amended to read as follows: 1
278.010 As used in NRS 278.010 to 278.630, inclusive, and 2
section 3 of this act, unless the context otherwise requires, the 3
words and terms defined in NRS 278.0103 to 278.0195, inclusive, 4
have the meanings ascribed to them in those sections. 5
Sec. 5. 1. This section becomes effective upon passage and 6
approval. 7
2. Sections 1 to 4, inclusive, of this act become effective: 8
(a) Upon passage and approval for the purpose of adopting any 9
regulations and performing any other preparatory administrative 10
tasks that are necessary to carry out the provisions of this act; and 11
(b) On January 1, 2026, for all other purposes. 12
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