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LEGAL AUTHORITY

LEGAL AUTHORITY. FOR LOCAL GOVERNMENTS. NEVADA REVISED STATUTES Powers 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.

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LEGAL AUTHORITY

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  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 firefighter’s 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.

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