Current through Bulletin 2024-18, September 15, 2024
1. The
governing body of any eligible entity, as defined in Subsection R652-1-200(13),
may enter into a cooperative agreement with the division to receive financial
and wildfire management cooperation and assistance, as described in Title
65A-8-2, Part 2 Fire Control.
2.
The division shall determine the provisions of the cooperative agreement
consistent with statutory requirements.
3. A cooperative agreement shall last for a
term of no more than five years and be renewable if the eligible entity
continues to meet the requirements.
(a) the
state shall assume an eligible entity's cost of suppressing catastrophic
wildfire as defined in the cooperative agreement if the eligible entity has
entered into, and is in full compliance with the cooperative agreement with the
division.
4. A county or
municipality that has not entered into a cooperative agreement with the
division, as described in Title R652, or whose Cooperative Agreement has been
revoked shall be responsible for wildland fire costs within the county or
municipality jurisdiction as outlined in Section R652-120-1000.
5. To enter into a cooperative agreement an
eligible entity shall:
(a) if the eligible
entity is a county, adopt and enforce unincorporated land and wildland fire
ordinance based upon minimum standards established by the division or Uniform
Building Code Commission.
(b) agree
to require that the fire department or equivalent fire service provider under
contract with, or delegated by, the eligible entity on unincorporated land meet
the minimum standards for wildland fire training, certification and suppression
equipment based upon nationally accepted standards as specified by the
division;
(c) agree to a
participation commitment which requires investment in prevention, preparedness,
and mitigation efforts as agreed to with the division intended to reduce the
eligible entity's risk of catastrophic wildfire;
(d)
(i)
agree to file with the division an annual accounting of wildfire prevention,
preparedness, mitigation actions, and associated costs.
(ii) meet the eligibility entity's
participation commitment by making direct payments to the division;
or
(iii) do a combination of
Subsections R652-122-200(5)(d)(i) and (ii);
(e) agree to return the financial statement
described in Subsection (5), signed by the chief executive officer of the
eligible entity, to the division on or before the date set by the
division.
(f) if the eligible
entity is a county, agree to have a designated fire warden as described in
Section 65A-8-209.1.
6. The division shall:
(a) send an Annual Statement to each eligible
entity that details the eligible entity's participation commitment for the
coming fiscal year, including the preparedness, prevention, and mitigation
actions agreed to in Subsection (5)(c).
(b) financial statements shall be effective
for one calendar year, beginning on the date set by the
division.
