Section 477.323 - Permit required; issuance, expiration, renewal, suspension, reinstatement and revocation of permit; fees; criminal investigation; plan for termination1. A person shall not store a hazardous material in excess of the amount set forth in the International Fire Code, 2018 edition, as adopted by reference pursuant to NAC 477.281, unless he or she has been issued an operational permit by the State Fire Marshal to store that material. A permit must be renewed annually.2. Permits may be revoked or suspended when, after investigation, the State Fire Marshal determines that: (a) The permit is being used by a person other than the person to whom it was issued.(b) The permit is being used for a location other than that for which it was issued.(c) Any of the conditions or limitations set forth in the permit have been violated.(d) The holder of the permit has failed, refused or neglected to comply with any order or notice served upon him or her under the provisions of this chapter within the time provided therein.(e) A false statement or misrepresentation as to a material fact was made in the application for the permit or the plans on which the permit was based.3. The State Fire Marshal may suspend or revoke any permit if an inspection or investigation reveals a hazardous condition that endangers the safety of any person, or if the holder of the permit is not in compliance with this section. The State Fire Marshal may reinstate a suspended permit after the holder of the permit has paid the annual fee and corrected all deficiencies identified. A permit that has been revoked will not be reissued. A suspension will not exceed 24 months, after which the permit will be reissued or revoked.4. A permit may be issued to store, transport on-site, dispense, use or handle hazardous materials in excess of the amount listed in the International Fire Code, 2018 edition, section 105.6.20, for a fee of $150.5. The State Fire Marshal will issue an operational permit for the manufacture, storage, sale and handling of explosives, blasting agents or fireworks for a fee of $1,100 and, in addition thereto, may charge a fee of $110 for each building or structure at the facility and an amount equal to the actual expenses incurred for travel, salaries and administrative expenses.6. The $60 surcharge required by NRS 477.045 will be collected on all permits to store hazardous materials, in addition to any other fees.7. A permit expires on March 1 of each year and must be renewed annually on or before March 1 by paying the appropriate fee. If a fee for a permit is not paid by the time it is due, a late charge of 12 percent per month will be assessed as an administrative fee for processing. The charge will be assessed beginning at the end of the first business day after the fee is due. A holder of a permit may not engage in any work authorized by this chapter or chapter 477 of NRS until the fee is paid.8. Revocation or suspension of a permit does not preclude the State Fire Marshal from proceeding with a criminal investigation. Evidence from a criminal investigation may be used as evidence in an administrative hearing for the revocation or suspension of a permit.9. If a holder of a permit or an applicant for a permit intends to terminate the storage, dispensing, handling or use of hazardous materials at a facility, the holder or applicant must submit a plan to the State Fire Marshal outlining the proposed termination of the storage, dispensing, handling or use of the hazardous materials at least 30 days before the date on which the facility is to be closed. The plan must demonstrate that the reported quantities of materials have been or will be transported, disposed of or removed in a manner that presents no hazardous conditions to any person or property. 10. If a person is required to report hazardous materials to the State Emergency Response Commission, the person must obtain a permit from the State Fire Marshal for such hazardous materials.Nev. Admin. Code § 477.323
Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 5-18-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; Added to NAC by St. Fire Marshal, eff. 3-9-89; A 8-24-90; 5-18-94; R207-99, 2-7-2000; R062-04, 9-3-2004; R102-08, 9-18-2008; R090-10, 12-30-2011; A by R123-13, eff. 1/16/2015; A by R132-18A, eff. 2/20/2020; A by R132-18CAP, eff. 12/16/2020NRS 477.030, 477.031 and 477.045