California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 7 - Fire Protection
Article 5 - Standards for Cooperative Fire Protection Contracts During the Nonfire Season
Section 1261 - Standards for Personnel Assignment and Cost Apportionment

Universal Citation: 14 CA Code of Regs 1261

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The assignment of personnel within the Unit for participation in cooperative fire protection programs pursuant to PRC 4143/4144 (Amador Program) will be determined after first assessing the needs of the Department's non-fire season work program. This assessment will include, but not be limited to, fire prevention inspections, facilities maintenance, vehicle maintenance, training programs and other Unit, Region or State mission assignments. Following this assessment, the Unit Chief will ensure sufficient staff, consistent with State-wide program policy, exists to carry out the department's non-fire season work program and that the striking force and efficiency of the Department in its primary mission of wildland fire protection, as well as response to major fires or other natural disasters, will not be reduced or impaired.

(b) Staffing for cooperative fire protection program engines pursuant to PRC 4143/4144 will be at levels that are mutually agreeable to all parties of the fire protection agreement. The minimum engine staffing for the non-fire season period is two persons for local agency mission responses and three persons for State mission responses. Local agency mission response means a response to the needs of the local cooperating agency which includes, but is not limited to, responses to structure, vehicle and vegetation fires; medical aids; public assistance; and traffic collisions. State mission response means a response to a State jurisdiction emergency incident.

(c) At the request of the contracting city, county, special district, other political subdivision of the state, or contracting person, firm, association, corporation (contracting entity), the Director may provide personnel for participation in cooperative fire protection programs pursuant to PRC 4143/4144. The contracting entity shall be apportioned the actual additional cost for assigned personnel, facilities, equipment, and operating expenses. These costs will be determined by the Director no later than April 15 of each year. For the purposes of this section, the Amador Period is defined as the period from the closure of declared fire season until the opening of declared fire season the following year.

(d) The Director shall apportion actual additional costs as follows:

(1) Minimum Engine Staffing: For two person engine company staffing, the contracting entity will provide funding for one person per engine per day and the Department will assign sufficient employees to meet the minimum two person staffing requirement. The contracting entity will provide funding for all unplanned overtime required to ensure 24-hour emergency response availability.

(2) Additional Engine Company Staffing: Where it is mutually agreeable to have engine company staffing in excess of the minimum two person engine company, the contracting entity will provide funds for additional positions to meet the engine company staffing requirements.

(3) Additional Operational Support Staff: Costs for Battalion Chiefs, Emergency Communications Center staff, fire prevention officers, and other non-engine staffing positions with significant commitment to the contracting entity as determined by the Unit Chief, shall be apportioned based on the following method. Significant commitment to the contracting entity means generally 8 hours or more per week in support of the local response mission:
(A) For the non-fire season period, determine the average hours per month that State resources are committed to local agency mission responses using computer aided dispatch data using the following criteria: The analysis shall include responses of Department Amador Program resources on a Statewide basis, to establish a Statewide average hours of commitment. The analysis shall include responses made between December 1st through May 1st of the prior year's non-fire season period. For purposes of this analysis, local agency mission responses shall include all responses to all medical aid, traffic collision, rescue, public assistance, and all fires. For fires, local agency mission responses shall include all responses during the period beginning two weeks after the end of the declared fire season and ending two weeks before the next declared fire season period.

(B) Apply (3) (A) above to applicable equipment and operational support staff base salary costs to determine the cost to apportion to the entity.

(4) The local contracting entity shall be responsible for additional costs to the State such as unplanned overtime and operating costs including utilities, associated equipment, and communications associated with the local agency mission responses. Engine rental costs shall be apportioned based on the formula in 14 CCR 1261 (3) (A) and (B) using current rates for Fire Engines (1000 gallons or less per minute pump capacity) stated in the Federal Emergency Management Agency Schedule of Equipment Rates.

1. Amendment filed 8-11-2006; operative 9-10-2006 (Register 2006, No. 32).

Note: Authority cited: Section 4143, Public Resources Code. Reference: Sections 740, 4143 and 4144, Public Resources Code.

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