Action to recover expenses incurred in extinguishing wildfire

1. A board of county commissioners may bring an action in a 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 county 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 subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the county 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.