Current through 2024-38, September 18, 2024
A.
Full
Measure Required in Payment for Services in Harvesting. All wood which
is tendered for measurement shall be measured in full without regard to any
scaling defects or other merchantability factors, and any deduction from gross
scale is prohibited.
1. The measurement
procedures for gross scale are set forth in Chapter 382, section 6. These
measurement procedures provide for all reductions for quantity factors
necessary for accurate measurement (e.g. excessive voids in a pile of
wood).
2. No reductions that are
not provided for in these measurement procedures may be made by being described
as a deduction for a quantity factor or by being described in any other
way.
B.
Limitations on Full Measurement Requirement
1.
Wood Not Designated to be
Harvested. Stems or pieces that were not designated to be harvested may
be excluded from measurement provided the wood in question is handled as culled
wood at the harvesting site, according to subsection D below.
2.
Improperly Prepared Wood.
Stems or pieces that were not prepared as directed may be excluded from
measurement provided the wood in question is handled as culled wood at the
harvesting site according to subsection D below, and the person providing the
services, after review of the wood in question, has not corrected the
preparation after having been afforded a reasonable opportunity in which to do
so.
NOTE: The definition of "properly prepared" wood
is in Chapter 380, section
7. The determination of whether a
piece or stem was properly prepared is based on whether it was prepared as
directed, for example whether it was adequately butted back or out to the
length designated in the cutting specifications. Under no circumstances may
scaling defects, quality or grade considerations, or any other merchantability
factors be treated as improper preparation.
C.
Presumption. All wood removed
from the harvesting site is presumed to have been designated to be harvested
and properly prepared except when the stems or pieces in question were handled
as culled wood at the harvesting site, according to subsection D below. Any
wood removed from the site without being handled as culled wood at the
harvesting site according to subsection D below, shall be measured in full for
purposes of payment for services.
D.
Handling of Culled Wood
1.
Determination of Culled Wood.
Any stem or piece that is tendered for measurement, but was not designated for
harvesting or was improperly prepared may be culled provided the piece in
question is culled at the harvesting site.
2.
Required Handling of Culled
Wood. The person requiring the services shall handle culled wood as
follows:
(a)
Marking. The person
requiring the services shall mark the stem or piece in an easily visible and
distinct manner. The culled wood shall be marked at the harvesting area and in
advance of or at the time of measurement.
(b)
Reasonable Opportunity For Review
and Correction. The person requiring the services shall set the culled
wood aside at the harvesting area so as to be accessible for review and
correction, and after directing the attention of the person providing the
service to the culled wood, shall afford the person providing the services a
reasonable opportunity to review the wood and to correct the preparation. In
the case of culled wood the preparation of which can not be corrected, the same
opportunity for review shall be provided.
3.
Tally sheet Requirements for Culled
Wood. The person requiring the services shall indicate on the
measurement tally sheet:
(a) the reason for
culling based on the written cutting specifications,
(b) the number of culled pieces,
and
(c) if the culled pieces are to
be removed from the harvesting site, the total measurement of the culled
pieces.
4.
Dispute
on Culled Wood. If the person providing the services believes the culled
wood had been designated to be harvested and was properly prepared, he may file
a complaint with the State Sealer and may give the person with possession or
control of the wood notice to hold the wood because he will file or has filed a
complaint. Chapter 384 of the Wood Measurement Rules governs such complaints
and the notice to hold wood.
NOTE: The culling of wood at the harvesting site
does not require a licensed scaler, though it may be done by a scaler.
E.
Cutting Specifications
1.
Cutting Specifications
Required. Written cutting specifications shall be furnished to persons
providing services in harvesting, in accordance with this Chapter, section 4.
2.
Measurement
Required. All wood that meets the cutting specifications shall be
measured in full, regardless of whether the wood is hauled or otherwise
processed.
3.
Failure to
Provide. When cutting specifications were not provided as set forth in
this Chapter, section 4, all wood that was harvested and tendered for
measurement shall be measured in full.
4.
Omission of Some Wood Designated to
be Harvested
When cutting specifications were provided but do not include
some wood that was designated to be harvested, all of such wood that was
designated in some other manner to be harvested shall be measured in
full.
5.
Inclusion of
Provisions for Taking Deductions. The inclusion of any provision in the
cutting specifications for taking deductions from gross scale is prohibited and
shall be disregarded for purposes of payment.
F.
Prompt Measurement and Furnishing of
Measurement Tally Sheet Required. Prompt measurement and furnishing of
the measurement tally sheets are required for payment for services in
harvesting and shall be provided by the person requiring the service in
accordance with Chapter 383.
