Forestry: safety requirements: fire equipment: internal combustion engines.

This bill would revise and recast those provisions by, among other things, instead requiring a person to maintain at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The bill would require these fire tools to be no farther than 25 feet from the motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices, with unrestricted access for the operator. The bill would provide that these requirements do not apply to a person operating a motorized vehicle to work on, clear, or grade any land in or near specified lands during any time of the year when burning permits are required, and would instead require the person to have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel and one fully equipped fire extinguisher. The bill would eliminate the above-described exception from these provisions for a member of an emergency crew and the driver and owner a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility. For these purposes the bill would define a person to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program.

This bill would, for purposes of the above-described requirement to maintain at least one backpack pump-type fire extinguisher and a sufficient number of serviceable round point shovels, require the State Board of Forestry and Fire Protection (board) to define the terms "operating area" and "point accessible in the event of a fire," and to develop requirements for the provision of suitable firefighting tools, as applied to rangeland operations on rangeland conducted by a rangeland operator, as provided.

This bill would, as applied to timber operations on timberland conducted by a timber operator, require the board to adopt emergency regulations pursuant to the Administrative Procedure Act that (A) define the terms "operating area" and "point accessible in the event of a fire," (B) define the necessary number and types of tools needed in the fire toolbox, and (C) develop requirements for clearing areas around the operation and for the provision of suitable firefighting tools, as provided.

(2) Existing law prohibits a person from using or operating on specified lands an internal combustion engine and a handheld portable, multiposition, internal combustion engine, as provided. Existing law prohibits a person from selling, offering for sale, leasing, or renting to a person an internal combustion engine unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is violation of law to use or operate the engine on specified types of land unless the engine is equipped with a spark arrester or the engine is constructed, equipped, and maintained for the prevention of fire, as provided. A violation of these provisions is a crime. Existing law also prohibits a person from selling, offering for sale, leasing, or renting any equipment powered by an internal combustion engine unless it has a permanent warning label attached that is in plain view to the operator that includes a specified warning. A violation of this provision is an infraction punishable by a fine of not more $100.

This bill would, for purposes of the above-described provisions, define "person" to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated program.

(3) Existing law prohibits a person, during any time of the year when burning permits are required, as provided, from using, operating, or causing to be operated in the area a portable saw, augur, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near specified land within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel or one serviceable fire extinguisher, as specified. Under existing law, a violation of these provisions is a crime.

This bill would define a person for these purposes to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(4) Existing law prohibits, during any time of the year when burning permits are required in specified areas, as provided, a person, copartnership, firm, corporation, or company from using or operating in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on specified lands, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose, as provided. Under existing law, a violation of this provision is a crime.

This bill would instead apply the above-described prohibitions to a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(6) This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by SB 1167 to be operative only if this bill and SB 1167 are enacted and this bill is enacted last.