California Code of Regulations
Title 19 - Public Safety
Division 2 - California Governor's Office of Emergency Services
Chapter 1.1 - Private Fire Prevention Resources
Section 2470.2 - Use of Private Fire Prevention Resources

Universal Citation: 19 CA Code of Regs 2470.2

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Private fire prevention resources shall:

(1) Comply with any orders, restrictions or commands from the Incident Commander or Incident Commander designee, including leaving the evacuation area when ordered to do so and not returning until authorization to reenter the area is received;

(2) Communicate with Incident Command and receive Incident Command approval before entering an otherwise restricted area;

(3) Designate a representative that reports to Incident Command and can, at all times, contact the private fire prevention resource and communicate the resource's location and movements to Incident Command;

(4) Be equipped with a Global Positioning System (GPS) that is compatible with the state's incident management system and situational awareness tracking system, so the private resource representative and Incident Command can locate private fire prevention resource personnel in the event of an evacuation;

(5) Monitor Incident Command radio frequencies assigned to a particular incident, as permitted under Part 90 of Title 47 of the Code of Federal Regulations, but not communicate on Incident Command radio frequencies without prior approval from Incident Command;

(6) Whenever possible, focus on pre-fire treatment activities and pretreatment of values-at-risk and other nonemergency activities outside of a restricted area to ensure safety, clear command and control, and minimize potential liability issues; and

(7) Clearly label all equipment "nonemergency".

(b) Private fire prevention resources shall not:

(1) Use emergency lights or sirens on their vehicles;

(2) Have any labeling on their vehicles that indicates the operators are public fire department personnel or any other public safety personnel; or

(3) Set a backfire or cause a backfire to be set unless given permission to do so by a state or federal forest officer, Incident Commander or Incident Commander Designee.

(c) Any private fire prevention resource that fails to comply with any provision of this section:

(1) Shall be removed from the active fire incident area or prohibited from entering an active fire incident area if removal or prohibition does not impede the jurisdictional authority's firefighting effort; and

(2) May be guilty of a misdemeanor, pursuant to California Penal Code Section 409.5 and/or California Public Resources Code Section 4165.

1. New section filed 6-16-2022; operative 6-16-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 24). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 14867 and 14868, Health and Safety Code. Reference: Sections 14867 and 14868, Health and Safety Code.

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