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.