Section 318.1181 - Protection from fire: General powers; action to recover certain expenses incurred in extinguishing wildfire1. 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.Added to NRS by 1977, 525; A 1991, 382; 1993, 1554; 2011, 2477; 2021, 1372Amended by 2021, Ch. 260,§5, eff. 10/1/2021.Added to NRS by 1977, 525; A 1991, 382; 1993, 1554; 2011, 2477