DAR File No. 29170

Natural Resources, Forestry, Fire and State Lands

R652-122-300

Minimum Standards for Wildland Fire Training

NOTICE OF PROPOSED RULE

DAR File No.: 29170
Filed: 10/30/2006, 03:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this amendment is to clarify a distinction between a firefighter who actually fights a wildland fire and one who has peripheral involvement such as a support function in the activities associated with the fire.

Summary of the rule or change:

The Legislative intent of H.B. 146 (2004 General Session) was to have a minimum standard of training for firefighters fighting wildland fires. The rule change clarifies that those support functions that may be assigned to a fire such as a transport driver, courier, tender drivers, and others need not adhere to the minimum standard that the firefighters must achieve. (DAR NOTE: H.B. 146 (2004) is found at Chapter 47, Laws of Utah 2004, and was effective 05/03/2004.)

State statutory or constitutional authorization for this rule:

Section 65A-8-6

Anticipated cost or savings to:

the state budget:

Costs to train firefighters are borne by the individual fire departments, districts, and the state, and this rule merely clarifies which personnel must be trained to a Firefighter I standard when engaged on a wildland fire. Since state firefighters are already trained to the minimum standard, there is no cost or savings to the state budget.

local governments:

This change might save local fire departments some training money from training nonfirefighting personnel who are involved in firefighting but not engaged in suppression efforts

other persons:

This change should have no effect on other persons savings or costs. Individual fire departments are responsible for the training of their personnel, so costs to other persons would be borne by the department, district, or state.

Compliance costs for affected persons:

This change may provide costs savings to fire departments and fire districts by reducing the number of people required to be trained to meet the intent of the law.

Comments by the department head on the fiscal impact the rule may have on businesses:

Legislative intent of H.B. 146 (2004) was to have a minimum standard of training for firefighters fighting wildland fires. The rule change clarifies that those support functions that may be assigned to a fire such as a transport driver, courier, tender drivers, and others need not adhere to the minimum standard that the firefighters must achieve and thus reduce the number of personnel that is required to be trained. Therefore, no fiscal impact on businesses is anticipated. Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dave Grierson at the above address, by phone at 801-538-5504, by FAX at 801-533-4111, or by Internet E-mail at davegrierson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2006

This rule may become effective on:

12/22/2006

Authorized by:

Joel Frandsen, Director

R652. Natural Resources, Forestry, Fire and State Lands.

R652-122. County Cooperative Agreements with State for Fire Protection.

R652-122-300. Minimum Standards for Wildland Fire Training.

(1) These standards apply to fire departments representing those counties who have cooperative wildland fire protection agreements with the State of Utah or other fire departments which are contracted with the counties to provide fire protection on private wildland.

(2) All members of the fire department engaged in[responding to] private and state wildland fires within the county's jurisdiction will be certified by the Utah Fire Certification Council as Wildland Firefighter I. The standard must be obtained by June 1, 2007. For purposes of this rule, "engaged in private and state wildland fires" means those fire fighters who are directly involved in the suppression of a wildland fire, or those fire fighters, on scene, who have supervisory responsibility or decision-making authority over those involved in the suppression of a wildland fire, or those individuals that have fire suppression responsibilities with in close proximity of the fire perimeter. "Engaged in private and state wildland fires" does not mean a person used as a courier, or driver of a vehicle other than those used for fire suppression, or a person used in a non-tactical, support or other peripheral function not in close proximity to a wildland fire.

(3) Fire Department personnel who supervise other firefighters on private and state wildland fires within the county's jurisdiction will be certified by the Utah Fire Certification Council as Wildland Firefighter II. This standard must be obtained June 1, 2010.

 

KEY: minimum standards, wildland urban interface, cooperative agreement

Date of Enactment or Last Substantive Amendment: [December 16, 2005]2006

Authorizing, and Implemented or Interpreted Law: 65A-8-6