reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 2.5 - Fire Prevention Grants Program › Section 4124.7.

4124.7. (a) The department shall, except for activities described in paragraph (5) of subdivision (c) of Section 4124.5, prioritize local assistance grant funding applications from local agencies based on the “Fire Risk Reduction Community” list, upon development of that list, pursuant to Section 4290.1.
(b) The prioritization required in subdivision (a) shall not affect applications from entities that are not local agencies.
(c) This section shall become operative only if Assembly Bill 1956 of the 2017–18 Regular Session is chaptered and becomes effective on or before January 1, 2019.
(Added by Stats. 2018, Ch. 626, Sec. 6. (SB 901) Effective January 1, 2019. Note: Operational condition in subd (c) satisfied.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 2.5 - Fire Prevention Grants Program › Section 4124.8.

4124.8. On or before June 1, 2022, all of the duties and responsibilities for the local assistance grant program established pursuant to this article shall be transferred to the Office of the State Fire Marshal.
(Added by Stats. 2021, Ch. 225, Sec. 12. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4125.

4125. (a) The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state. The prevention and suppression of fires in all areas that are not so classified is primarily the responsibility of local or federal agencies, as the case may be.
(b) On or before July 1, 1991, and every 5th year thereafter, the department shall provide copies of maps identifying the boundaries of lands classified as state responsibility pursuant to subdivision (a) to the county assessor for every county containing any of those lands. The department shall also notify county assessors of any changes to state responsibility areas within the county resulting from periodic boundary modifications approved by the board.
(c) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any information received by the county subsequent to the receipt of the map regarding changes to state responsibility areas within the county.
(Amended (as amended by Stats. 1989, Ch. 380) by Stats. 1998, Ch. 65, Sec. 15. Effective June 9, 1998. Applicable from June 1, 1998, by Sec. 18 of Ch. 65. Note: Ch. 65 (pursuant to Sec. 20) supersedes, and precludes operation of, Stats. 1997, 1st Ex. Sess., Ch. 7.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4126.

4126. The board shall include within state responsibility areas all of the following lands:
(a) Lands covered wholly or in part by forests or by trees producing or capable of producing forest products.
(b) Lands covered wholly or in part by timber, brush, undergrowth, or grass, whether of commercial value or not, which protect the soil from excessive erosion, retard runoff of water or accelerate water percolation, if such lands are sources of water which is available for irrigation or for domestic or industrial use.
(c) Lands in areas which are principally used or useful for range or forage purposes, which are contiguous to the lands described in subdivisions (a) and (b).
(Repealed and added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4127.

4127. The board shall not include within state responsibility areas any of the following lands:
(a) Lands owned or controlled by the federal government or any agency of the federal government.
(b) Lands within the exterior boundaries of any city, except a city and county with a population of less than 25,000 if, at the time the city and county government is established, the county contains no municipal corporations.
(c) Any other lands within the state which do not come within any of the classes which are described in Section 4126.
(Amended by Stats. 1991, Ch. 653, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4128.

4128. In establishing boundaries of state responsibility areas, the board may, for purposes of administrative convenience, designate roads, pipelines, streams, or other recognizable landmarks as arbitrary boundaries.
(Repealed and added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4129.

4129. The board of supervisors of any county may provide by ordinance that the county elects to assume responsibility for the prevention and suppression of all fires on all land in the county, including lands within state responsibility areas when the Director of Forestry and Fire Protection concurs in accordance with criteria adopted by the State Board of Forestry and Fire Protection, but not including lands owned or controlled by the federal government or any agency of the federal government or lands within the exterior boundaries of any city. After the effective date of the contract referred to in Section 4133, the county shall exercise for the duration of the contract all the duty, power, authority, and responsibility for the prevention and suppression of all fires on all land in the county for which the county is authorized by this section to elect to assume responsibility.
(Amended by Stats. 1998, Ch. 972, Sec. 17. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4129.1.

4129.1. When the incorporation of a city removes land from a state responsibility area and the county continues to provide residential fire service for the newly incorporated city and remains under contract to provide fire service for the state responsibility area, the county shall, during the three years subsequent to incorporation, contract with the city to continue to provide fire service to the area removed from the state responsibility area under the same terms and conditions as under the state contract. The county may bill the newly incorporated city for actual revenue lost under the state contract because of removal of land from the state responsibility area during that period, but may not, during the three-year period, require the city to pay an amount greater than that apportioned for the affected area under the state contract.
If the budget of the department is revised to reflect the removal of the affected lands from a state responsibility area and payments to the county are accordingly reduced, the county may bill the newly incorporated city for the allocable decrease, or if the amount cannot be readily ascertained, the county may, after the effective date of the new budget, charge the city an amount equal to the total payment to the county divided by the total acres of the state responsibility area times the removed acres which are annexed to the city.
This section does not change any power, duty, or responsibility of the department. This section does not require the department to base its budget on per acre costs and does not impose any requirement that the department implement or design any formula or budget.
This section applies only in counties with a population greater than 8,000,000.
(Added by Stats. 1987, Ch. 340, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4130.

4130. The board shall classify all lands within state responsibility areas into types of land based on cover, beneficial use of water from watersheds, probable damage from erosion, and fire risks and hazards, and shall determine the intensity of protection to be given to each such type of land. A plan for adequate statewide fire protection of state responsibility areas shall be prepared by the board in which all land of each type shall be assigned the same intensity of protection, and the estimated cost of such intensity of protection shall be determined.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4131.

4131. In the preparation of budgets for fire protection, the total funds available or estimated to be available shall be allocated to the areas to be protected in conformance to such fire protection plan. If the funds available are less than the estimated adequate cost of such plan the board shall determine whether the intensities of fire protection shall be reduced or withdrawn, maintaining uniform consideration for all lands in each type.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4132.

4132. In those counties assuming responsibility pursuant to Section 4129 for fire protection and suppression in the lands thus classified within the respective counties, there shall be budgeted sums to be allocated to those counties at least equal to the direct cost of fire protection which is determined pursuant to Section 4130 and which shall include the salaries and wages of suppression crews and lookouts and maintenance of firefighting facilities.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4133.

4133. The department shall, with the approval of the Department of General Services, for periods not to exceed three years, enter into a contract with any county which enacts an ordinance as provided in Section 4129. The budgeted sums in Section 4132 are subject to annual review in the budget process.
(Amended by Stats. 1987, Ch. 194, Sec. 2. Effective July 23, 1987.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4134.

4134. Any such contract shall provide for payment to such county, as compensation for the assumption of the duty, power, authority and responsibility for fire protection and suppression as provided in Section 4129 of such sum as may be specifically allocated in the appropriation made by the Legislature for that purpose or, if no specific appropriation is made for it, the sum allocated for expenditure in such county pursuant to Sections 4131 and 4132.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4135.

4135. Sections 4129 to 4135, inclusive, do not deprive the department of the power and duty to require that the money paid by the department under the contract to a county shall be expended by the county for fire prevention and suppression in that area the protection of which is assumed by the county pursuant to Section 4129.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 3 - Responsibility for Fire Protection › Section 4136.

4136. (a) A transferor of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to a prospective transferee the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291.
(b) Except for property located within a county that has assumed responsibility for prevention and suppression of all fires pursuant to Section 4129, the transferor shall also disclose to a prospective transferee that it is not the state’s responsibility to provide fire protection services to a building or structure located within the wildlands unless the department has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142.
(c) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a wildland fire zone.
(2) A map that includes the property has been provided to the city or county pursuant to Section 4125, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(d) In all transactions that are subject to Section 1103 of the Civil Code, the disclosures required by this section shall be provided by either of the following means:
(1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code.
(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.
(e) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a wildland fire zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if the agent attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. This subdivision does not limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.
(f) For purposes of this section, Section 1103.13 of the Civil Code applies.
(g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(Amended by Stats. 2021, Ch. 133, Sec. 51. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4 - Cooperative Agreements › Section 4141.

4141. (a) The department may, for the prevention and suppression of forest fires, enter into cooperative agreements with any person, firm, association, or corporation that owns or controls any forest, brush, grass, or grain lands, under such terms as the department deems advisable, and may renew, revise, or terminate these agreements.
(b) The department also may, for the purpose of maintaining a fire patrol system, including staffing and facilities for the prevention and suppression of forest fires in any timber, brush, grass, or other flammable vegetation or material, enter into cooperative agreements and special use permits with the federal government, under those terms as it deems advisable, and may renew, revise, or terminate these agreements.
(c) The expenses incurred under the agreements or permits entered into pursuant to this section shall be paid from appropriations or funds available for forest fire protection.
(Amended by Stats. 2012, Ch. 306, Sec. 6. (AB 2544) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4 - Cooperative Agreements › Section 4142.1.

4142.1. When a county, city, or district considers entering into a cooperative agreement pursuant to subdivision (a) of Section 4142 under which the state would assume personnel from the county, city, or district, the county, city or district shall, prior to the execution of the cooperative agreement, give written notice to each affected employee of how the transfer of functions would affect their health benefits upon their retirement.
(Amended by Stats. 2021, Ch. 133, Sec. 52. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4 - Cooperative Agreements › Section 4143.

4143. The Legislature hereby finds and declares that the maintenance of the economic well-being of the state and the public health and safety require that the state, through the department, obtain full utilization of all equipment, personnel, and buildings under the jurisdiction of the director. In order to obtain these benefits, the director, in accordance with policy determined by the board, may provide personnel for and operate those fire stations, statewide, as the director deems necessary to provide the best possible fire prevention and suppression. Personnel or equipment shall not be assigned to any location or assigned pursuant to Section 4144 if that assignment would not meet policy and standards established by the board. The policy and standards shall be designed to ensure all of the following:
(a) The striking force and efficiency of the department in its primary mission of wild land fire protection, as well as response to major fires or other natural disasters will not be reduced or impaired.
(b) The department will not need any additional funds to operate its program.
(c) Personnel and equipment assigned pursuant to Section 4144 will not replicate services provided under an agreement made pursuant to Section 4142.
The normal assignment of fire resources of the department throughout California during periods of critical fire weather conditions or during major wild land fires shall not be impaired and shall receive priority over agreements made with counties pursuant to Section 4144.
(Amended by Stats. 2005, Ch. 408, Sec. 1. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4 - Cooperative Agreements › Section 4145.

4145. (a) It is the intent of the Legislature that cooperative agreements that are entered into between the department and a local government shall provide for the equitable sharing of costs associated with capital outlay projects that enlarge, enhance, or replace facilities for the purposes of benefiting the cooperating local government.
(b) The department shall prescribe those terms and conditions for those cooperative agreements that would result in an equitable sharing of those costs in proportion to the benefits derived, including any in-kind, lump-sum, or installment payments. Any installment payment made in connection with a cooperative agreement entered into pursuant to this section shall be made over a period of time not exceeding a maximum of 20 years at the same rate of interest as the rate for the state’s Pooled Money Investment Account. Any money that is received for reimbursements for facility improvement costs, under a cooperative agreement, shall be deposited in the General Fund.
(Added by Stats. 1996, Ch. 202, Sec. 3. Effective July 22, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4.5 - Rapid Disaster Response Act of 2005 › Section 4147.

4147. This article shall be known, and may be cited, as the Rapid Disaster Response Act of 2005.
(Added by Stats. 2005, Ch. 290, Sec. 2. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 4.5 - Rapid Disaster Response Act of 2005 › Section 4148.

4148. The director shall draw upon eligible federal funds to augment any state funds appropriated by the Legislature for the purpose of replacing the department’s aging helicopter fleet.
(Added by Stats. 2005, Ch. 290, Sec. 2. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4151.

4151. (a) The director shall appoint, in a number and localities as the director deems wise, public-spirited citizens to act as voluntary firewardens, who may receive payment for their services from the counties or from private sources. They shall promptly report all fires and take immediate and active steps toward their extinguishment, report any violation of forest fire laws, assist in apprehending and convicting offenders, and perform other duties as the director may direct. A United States Forest Service employee within this state, if the employee accepts the duties and responsibilities of a firewarden, may be appointed a voluntary firewarden, and shall have all the powers given to firewardens by this article.
(b) The firewardens do not have authority to obligate the state for the payment of money, unless specifically authorized by the director.
(Amended by Stats. 2021, Ch. 133, Sec. 53. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4152.

4152. If a fire patrol for the prevention and suppression of forest fires is maintained by owners of land or by any organization, the director may designate each patrol person as a voluntary firewarden and, for the protection of lands patrolled by them or adjacent to those lands, may give them all the rights and powers of a voluntary firewarden. Voluntary firewardens shall be paid by the owners or organizations or as provided for by Section 4151. The firewardens do not have authority to obligate the state for the payment of money, unless specifically authorized by the director.
(Amended by Stats. 2021, Ch. 133, Sec. 54. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4153.

4153. The department or its duly authorized agent may summon an able-bodied person to assist in suppressing a forest fire and may authorize an officer of the state, who is charged with the prevention and suppression of fire or the enforcement of the state fire laws, to summon an able-bodied person to assist in suppressing a forest fire within their respective jurisdictions. An able-bodied person who is engaged in the harvest of perishable agricultural crops shall not, however, be summoned to assist in suppressing a forest fire until all other available workpower has been exhausted within the respective jurisdiction of the officer issuing the summons. A member in good standing of a regularly organized fire department shall not be summoned if the member is available and subject to call for duty with a firefighting unit.
(Amended by Stats. 2021, Ch. 133, Sec. 55. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4154.

4154. Any person who fails to obey a summons which is authorized by Section 4153 is guilty of a violation of this article.
(Repealed and added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4155.

4155. Every person who in obedience to such summons assists in extinguishing any forest fire shall be compensated at the same wage rate, excluding fringe benefits, as state employees performing like services.
(Amended by Stats. 1969, Ch. 500.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4156.

4156. (a) The director and employees or classes of employees of the department designated by the director have the powers conferred by law upon peace officers listed in Section 830.2 of the Penal Code, and voluntary firewardens designated by the director have the powers conferred by law upon peace officers listed in Section 830.37 of the Penal Code; provided, however, that the primary duty of the peace officer shall be the enforcement of forest laws and regulations, state and county fire laws and regulations, and the laws relating to explosives as set forth in Part 1 (commencing with Section 12000) of Division 11 of the Health and Safety Code, other than laws the enforcement of which is primarily the responsibility of the State Fire Marshal. Officers, employees, and voluntary firewardens, upon request pursuant to Section 8597 of the Government Code, shall have the full powers and duties of peace officers for all purposes as provided by the Penal Code and are not liable to civil action for trespass committed in the discharge of their duties.
(b) A peace officer may enforce federal fire laws to the extent that the peace officer is authorized to do so.
(Amended by Stats. 2021, Ch. 133, Sec. 56. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 5 - Firewardens and Firefighting Personnel › Section 4157.

4157. When the director or any of the employees or voluntary firewardens who are designated as peace officers pursuant to Section 4156 arrests a person for a violation of this article or for a violation of a law relating to forest or fire protection that is not a felony, the director or any of the employees or voluntary firewardens who are designated as peace officers may immediately release the arrested person from their custody in the manner and under the conditions that are set forth in Section 853.6 of the Penal Code.
(Amended by Stats. 2021, Ch. 133, Sec. 57. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 6 - Violations › Section 4165.

4165. Every person is guilty of a misdemeanor who, at a forest fire, does any of the following:
(a) Disobeys the lawful orders of a public officer or firefighter.
(b) Offers resistance to, or interference with, the lawful efforts of a firefighter or company of firefighters to extinguish the fire.
(c) Engages in any disorderly conduct which is calculated to prevent the fire from being extinguished.
(d) Forbids, prevents, or dissuades others from assisting to extinguish the fire.
(e) Rides, drives, or propels any vehicle or conveyance upon, over, or across any firehose or chemical hose that is used by, or in charge of, a public officer or firefighter or injures or damages in any manner any hose or apparatus of any kind that is in use by, or in charge of, a public officer or firefighter.
(Amended by Stats. 2021, Ch. 133, Sec. 58. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 6 - Violations › Section 4166.

4166. A person who violates this article is guilty of a misdemeanor, which is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). If the defendant refuses, on conviction, to pay the fine, the defendant shall be confined in the county jail of the county in which conviction is had for a period not to exceed one day for every five dollars ($5) of the fine imposed, or may be subject to both the fine and imprisonment.
(Amended by Stats. 2021, Ch. 133, Sec. 59. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 6 - Violations › Section 4170.

4170. Any uncontrolled fire burning on any lands covered wholly or in part by timber, brush, grass, grain or any other flammable material, without proper precaution being taken to prevent its spread notwithstanding the origin of such fire, is a public nuisance by reason of its menace to life and property.
(Added by Stats. 1968, Ch. 489.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 6 - Violations › Section 4170.5.

4170.5. The department or any other duly established fire protection agency may summarily abate an uncontrolled fire as a public nuisance by controlling and extinguishing the fire.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4171.

4171. Any condition endangering public safety by creating a fire hazard and which exists upon any property which is included within any state reponsibility area is a public nuisance.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4172.

4172. If the director determines that a public nuisance, as defined in Section 4171, exists, the director shall notify the owner of the property to abate the public nuisance. If the owner is unknown, a copy of the notice shall be posted upon the property.
(Amended by Stats. 2021, Ch. 133, Sec. 60. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4173.

4173. The board shall establish standards, based upon its determination of conditions which create an unreasonable hazard to life or property from fire, for what constitutes a hazardous condition in those instances not covered by state law. Such standards shall be established for each of the department’s administrative districts after public hearing for which ample publicity is given.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4174.

4174. The notice shall be in writing and shall do all of the following:
(a) Describe the public nuisance.
(b) Specify the time within which the property owner is required to abate the public nuisance.
(c) State that, unless the public nuisance is abated within the time specified in the notice, the department may abate the public nuisance and the costs of the abatement will be assessed against the property.
(d) State that the property owner may, within 15 days after the receipt or posting of the notice, request a hearing before the director upon whether or not a public nuisance actually exists.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4175.

4175. If a property owner requests a hearing, the director shall fix a time and a place for the hearing and notify the property owner. At the time and place of the hearing, the property owner may appear and be heard upon the question of whether or not a public nuisance actually exists upon property that the property owner owns. The hearing shall be conducted in accordance with Chapter 2 (commencing with Section 11180) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2021, Ch. 133, Sec. 61. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4176.

4176. If the director determines, at the conclusion of the hearing, that a public nuisance actually exists upon property owned by the property owner, the director shall order the property owner to abate the public nuisance within a specified time.
(Amended by Stats. 2021, Ch. 133, Sec. 62. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4177.

4177. If the public nuisance is not abated within the time specified in the notice to the property owner pursuant to Section 4172 or, if a hearing is not requested by the property owner, within the time specified in the order made by the director pursuant to Section 4176, the department may abate the public nuisance.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4178.

4178. Any costs which are incurred by the department in abating any public nuisance pursuant to this article are a lien upon the property upon which the public nuisance existed when notice of the lien is filed and recorded as provided in Section 4179.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4179.

4179. Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the department in the office of the county recorder of the county in which the property is situated within one year after the first item of expenditures by the department or within 90 days after the completion of the work, whichever first occurs. Upon such recordation of the notice of lien, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the property described in such notice, and shall continue for 10 years from the time of recording of such notice unless sooner released or otherwise discharged.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4179.5.

4179.5. The Attorney General may at any time release all or any portion of the property subject to a lien imposed pursuant to Sections 4178 and 4179 from the lien or subordinate the lien to other liens and encumbrances if the Attorney General determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the Attorney General to the effect that any property has been released from the lien or that the lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate.
(Amended by Stats. 2021, Ch. 133, Sec. 63. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4180.

4180. An action to foreclose the lien shall be commenced by the Attorney General in the name of the people of the State of California within six months after the lien is filed and recorded.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 7 - Public Nuisances › Section 4181.

4181. When the property is sold, enough of the proceeds to satisfy the lien and the costs of the foreclosure shall be paid to the state. The surplus, if any, shall be paid to the owner of the property, if known, or if the property owner is not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when the property owner is ascertained.
(Amended by Stats. 2021, Ch. 133, Sec. 64. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 8 - Clarke-McNary Act › Section 4185.

4185. The State of California hereby accepts the provisions of the Clarke-McNary Act (Ch. 348, 43 Stat. 653), as amended, passed by the Congress of the United States, and entitled “An act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor,” and will observe and comply with the requirements of that act of Congress.
The department is the agent of this state for the purposes of the Clarke-McNary Act. The department shall have full power to cooperate with all the authorities of the United States which have powers and duties under the act to do and perform all things necessary to secure to this state the benefits of the act.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 8 - Clarke-McNary Act › Section 4186.

4186. All moneys that are received by the state pursuant to the federal Clarke-McNary Act and that are regularly allotted by the federal government according to an annual formula shall be paid into the General Fund. Any supplemental money received from the federal government pursuant to the federal Clarke-McNary Act for use by the department for specially designated projects shall be authorized by the Director of Finance for augmentation of the subitem captioned “Reimbursements” of the principal item of appropriation from the General Fund for the support of the department contained in the Budget Act for the fiscal year during which the supplemental money is received. However, the Director of Finance shall not authorize the augmentation sooner than 30 days after notification in writing of the necessity for the augmentation to the chairperson of the committee in each house that considers appropriations and to the Chairperson of the Joint Legislative Budget Committee or sooner than whatever lesser time which the chairperson of that committee, or the chairperson’s designee, may in each instance determine.
(Amended by Stats. 2011, Ch. 296, Sec. 255. (AB 1023) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 8 - Clarke-McNary Act › Section 4187.

4187. A county which enacts an ordinance, as provided in Section 4129, is entitled to any allocation of moneys received by the state pursuant to the Clarke-McNary Act. Such reimbursement may be provided for by any statute of this state.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 9 - Fire Hazard Severity Zones › Section 4201.

4201. The purpose of this article is to provide for the classification of lands within state responsibility areas in accordance with the severity of fire hazard present for the purpose of identifying measures to be taken to retard the rate of spreading and to reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property.
(Added by Stats. 1982, Ch. 806, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 9 - Fire Hazard Severity Zones › Section 4202.

4202. The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 225, Sec. 13. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 9 - Fire Hazard Severity Zones › Section 4203.

4203. (a) The State Fire Marshal shall, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone.
(b) No designation of a zone and assignment of a rating shall be adopted by the State Fire Marshal until the proposed regulation has been transmitted to the board of supervisors of the county in which the zone is located at least 45 days before the adoption of the proposed regulation and a public hearing has been held in that county during that 45-day period.
(Amended by Stats. 2021, Ch. 225, Sec. 14. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 9 - Fire Hazard Severity Zones › Section 4204.

4204. The State Fire Marshal shall periodically review zones designated and rated pursuant to this article and, as necessary, shall revise zones or their ratings or repeal the designation of zones. Any revision of a zone or its rating or any repeal of a zone shall conform to the requirements of Section 4203. In addition, the revision or repeal of a zone may be petitioned pursuant to Sections 11340.6 and 11340.7 of the Government Code.
(Amended by Stats. 2021, Ch. 225, Sec. 15. (AB 9) Effective January 1, 2022.)