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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4429.

4429. During any time of the year when burning permits are required in an area pursuant to this article, at any camp maintained in such area for the residence of employees, or at any local headquarters in such area of any industrial, agricultural, or other operations on or near any forest-covered land or brush-covered land, there shall be provided and maintained at all times, in a specific location, for firefighting purposes only, a sufficient supply of serviceable tools to equip 50 percent of the able-bodied, personnel, resident of such camp, or working out of such headquarters, for fighting fires. Among these tools shall be included shovels, axes, saws, backpack pumps, and scraping tools. With such tools there shall also be one serviceable headlight adaptable for attachment to at least one-half of the tractor-bulldozers used on the operation, and a sufficient number of canteens and flashlights to equip a third of the able-bodied personnel.
(Amended by Stats. 1976, Ch. 1171.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4430.

4430. During any time of the year when burning permits are required in an area pursuant to this article, a person, copartnership, firm, corporation or company, shall not use or operate in such area any steam-operated engine, machine equipment, mill or industrial plant, located on or near forest-covered land or brush-covered land, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose not less than one inch in diameter for each steam-operated engine or equipment. The pump or water pressure required in this section shall be capable of applying a minimum of 40 pounds pressure at the nozzle on 200 feet of hose, such nozzle to be one-fourth inch or larger in diameter. If two steam-operated engines or steam equipment are customarily operated within 100 feet of each other, only one engine or piece of equipment need be equipped with pump and hose.
This section does not apply to any internal combustion engine or to any steam or other locomotive which is being used in the business of a common carrier by railroad.
(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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4431.

4431. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered 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, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions.
The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation.
(Amended by Stats. 1992, Ch. 427, Sec. 138. Effective January 1, 1993.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4432.

4432. (a) A person shall not leave a campfire, kindled or attended by that person, burning or unextinguished unless one of the following requirements is satisfied:
(1) The person leaves some other person in attendance.
(2) The fire is enclosed within a stove, oven, drum, or other nonflammable container, in such manner that the fire cannot escape from the container.
(b) A person shall not allow a campfire, kindled or attended by that person, to spread after it is built.
(Amended by Stats. 2021, Ch. 133, Sec. 76. (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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4433.

4433. (a) A person shall not light, maintain, or use a campfire upon brush-covered land, grass-covered land, or forest-covered land that is the property of another person unless the person first obtains a written permit from the owner, lessee, or agent of the owner or lessee of the property.
(b) If, however, campsites and special areas have been established by the property owner and posted as areas for camping, a permit is not necessary.
(c) A written campfire permit duly issued by or under the authority of the United States Forest Service is necessary for use on land under the jurisdiction and control of the United States Forest Service.
(Amended by Stats. 2021, Ch. 133, Sec. 77. (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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4434.

4434. The escape of any campfire from the control of any person who is maintaining the campfire is prima facie evidence that such person was negligent in maintaining the campfire.
(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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4435.

4435. If any fire originates from the operation or use of any engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device which may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of such engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If such fire escapes from the place where it originated and it can be determined which person’s negligence caused such fire, such person is guilty of a misdemeanor.
(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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4436.

4436. A person shall not refuse or fail to render assistance in combating a forest, brush, or grass fire at the summons of the department, or its authorized agent who is charged with the prevention or suppression of fire or the enforcement of the state fire laws, or any county firewarden, firefighter, or county officer who is charged with the duty of preventing or combating forest, brush, or grass fires, or any officer of a county fire protection district, unless prevented from so doing by sickness or physical disability.
(Amended by Stats. 2021, Ch. 133, Sec. 78. (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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4437.

4437. (a) Outside the exterior boundaries of cities, every processor of forest products shall exercise due diligence in the disposal of flammable material incident to the processing, so that the material does not cause the inception or spread of uncontrolled fire.
(b) Every person, copartnership, firm, corporation, or company that operates a sawmill or plant engaged in the processing or converting of forest products into lumber, shook, ties, poles, posts, veneer, shakes, shingles, and planed or milled products, shall dispose of flammable material incident to that operation. If such flammable material is not to be used as fuel, or as a byproduct, within the operation, it shall be disposed of by burning or by other alternative methods which effectively prevent the flammable material from constituting a fire hazard. The disposal or storage of flammable waste material or residue shall be made in any of the ways which are prescribed in Section 4438, 4439, or 4440.
(c) The director may establish regulations for the storage, disposal, or use of forest product waste or residue on land as a soil amendment or soil protection measure or for its disposal by fire. Regulations shall be adopted by the director in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for the purpose of eliminating the potential of fire resulting from spontaneous combustion, other ignition sources, or wildfire escaping the forest product waste or residue storage, use, or disposal areas.
(Amended by Stats. 1982, Ch. 1333, Sec. 13.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4438.

4438. Flammable forest product waste material may be disposed of by means of fire in an enclosed device effective in preventing the spread of sparks or fire, situated in an area cleared of grass, grain, brush, slash, litter, and snags for a distance of 30.5 meters (100 feet) surrounding the device or by landfill or other methods which meet applicable state and local fire safety, air, and water quality standards.
A burning permit shall be obtained for the use of the device pursuant to Section 4423 and all other provisions of law.
(Amended by Stats. 1982, Ch. 1333, Sec. 14.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4439.

4439. (a) Flammable forest product waste material may be disposed of by means of fire in an area which is cleared of grass, grain, brush, slash, litter, snags and forest cover for a distance of 121.9 meters (400 feet) from the periphery of the fire and for any greater distance necessary to provide 30.5 meters (100 feet) of cleared area around any lumber pile or structure which may be situated within 121.9 meters (400 feet) of the fire.
(b) Sound and living trees beyond 30.5 meters (100 feet) from the periphery of the fire may be left standing within the area required to be cleared, provided the following requirements are met:
(1) Wildfire cannot travel into the canopy of any tree left standing.
(2) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material.
(3) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.
(c) The disposal by fire in the cleared area is the responsibility of the operator or landowner, or of the operator and landowner, jointly, and shall be in conformance with Section 4423 and all other provisions of law.
(Amended by Stats. 1982, Ch. 1333, Sec. 15.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4440.

4440. (a) Flammable forest product residue may be accumulated in piles, within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or the Department of Interior, when the area surrounding the piles is cleared and kept clear of all flammable vegetation and debris, including trees, snags, brush, grass, slash, and litter in accordance with one of the following procedures:
(1) Clearing to a distance of 45.7 meters (150 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles.
(2) Clearing to a distance of 30.5 meters (100 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles, and maintaining at all times a firebreak three meters (10 feet) or more in width cleared of all flammable material and constructed in a continuous line surrounding the accumulation at a distance of not less than 15.2 meters (50 feet) nor more than 91.4 meters (300 feet) from the periphery of the clearing surrounding the accumulation. All snags and dead trees between the firebreak and the periphery of the clearing shall be felled.
(3) Sound and living trees may be left standing within the areas required to be cleared of flammable residue, provided the following requirements are met:
(A) Wildfire cannot travel into the canopy of any tree left standing.
(B) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material.
(C) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.
(D) Diseased or dead trees are removed entirely.
(b) Disposal by fire, if contemplated, is a responsibility of the operator or landowner or the operator and landowner, jointly, and shall be accomplished in conformance with Section 4423 and all other applicable provisions of law.
(Amended by Stats. 1982, Ch. 1333, Sec. 16.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4441.

4441. Any person who permits or allows accumulation of waste material or residue in violation of the provisions of Sections 4437 to 4440, inclusive, is guilty of a misdemeanor and shall be punished for a first conviction, by a fine not to exceed two hundred fifty dollars ($250), and, for a second or subsequent conviction within five years of a prior conviction of a violation of one of those provisions, by a fine not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense.
(Amended by Stats. 1982, Ch. 1333, Sec. 17.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4442.

4442. (a) Except as otherwise provided in this section, no person shall use, operate, or allow to be used or operated, any internal combustion engine which uses hydrocarbon fuels on any forest-covered land, brush-covered land, or grass-covered land unless the engine is equipped with a spark arrester, as defined in subdivision (c), maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.
(b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
(c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.
(d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code.
(e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.
(f) Motor vehicles when being operated in an organized racing or competitive event upon a closed course are not subject to this section if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.
(Amended by Stats. 1982, Ch. 1333, Sec. 18.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4442.5.

4442.5. No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, 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 a violation of Section 4442 or 4443 to use or operate the engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrester, as defined in Section 4442, maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.
(Amended by Stats. 1982, Ch. 1333, Sec. 19.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4442.6.

4442.6. (a)  A person shall not sell, offer for sale, lease, or rent to a person any equipment that is powered by an internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless that equipment has a permanent warning label attached that is in plain view to the operator that states, “WARNING—Operation of This Equipment May Create Sparks That Can Start Fires Around Dry Vegetation. A Spark Arrestor May be Required. The Operator Should Contact Local Fire Agencies For Laws or Regulations Relating to Fire Prevention Requirements.”
(b) A person who manufacturers equipment that is powered by an internal combustion engine described in subdivision (a) shall attach to that equipment a permanent warning label that is in plain view to the operator and that complies with subdivision (a).
(c) Notwithstanding Section 4021, a violation of subdivision (a) or (b) is an infraction punishable by a fine of not more than one hundred dollars ($100).
(Added by Stats. 2005, Ch. 278, 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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4443.

4443. No person shall use, operate, or cause to be operated on any forest-covered land, brush-covered land, or grass-covered land any handheld portable, multiposition, internal-combustion engine manufactured after June 30, 1978, which is operated on hydrocarbon fuels, unless it is constructed and equipped and maintained for the prevention of fire.
The board shall, by regulation, specify standards for construction, equipment, and maintenance of such engines for the prevention of fire and shall specify a uniform method of testing to be used by engine and equipment manufacturers, governmental agencies, and equipment users. The regulations shall include specification of exhaust system standards for carbon particle retention or destruction, exposed surface temperature, gas temperature, flammable debris accumulation, durability, and serviceability.
Portable power saw and other portable equipment described in this section which were manufactured prior to July 1, 1978, shall be subject to fire safety design specifications as prescribed by the board.
(Added by Stats. 1977, Ch. 949.)
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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4445.

4445. A person shall not fire or cause to be fired from any rifle or other device capable of discharging ammunition, any bullet, projectile, or other ammunition which contains the components of thermite, magnesium, or aluminum, or any other component capable of causing a fire and commonly known as tracer or incendiary ammunition within any forest-covered area, brush-covered area, grass-covered area or grain-covered area.
(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 6 - Prohibited Activities › ARTICLE 2 - Prohibited Activities › Section 4446.

4446. Every person shall exercise reasonable care in the disposal of flammable material so that the material does not cause the inception of or spread of uncontrolled fire. A person shall not burn any flammable material in any incinerator within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless all of the following minimum requirements are complied with:
(a) The area within 10 feet of the exterior of the incinerator is maintained free and clear of all flammable material and vegetation.
(b) A screen constructed of a nonflammable material, with no greater than
1
/
4
-inch mesh, or metal doors, close or cover each opening in the exterior of an incinerator to prevent the escape of flames, sparks, ashes, or other burning material which might cause an uncontrolled fire.
(c) A permit is obtained prior to burning for the use of the incinerator pursuant to Section 4423 and all other applicable provisions of law.
This section does not apply to the disposal of flammable material incident to the processing of forest products.
(Amended by Stats. 1981, Ch. 714, Sec. 352.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4461.

4461. This article shall be known and may be cited as the Wildland Fire Protection and Resources Management Act of 1978.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4462.

4462. The Legislature hereby finds and declares as follows:
(a) There has been an increase in the number of uncontrolled fires on the wildlands of this state, resulting in destruction of valuable timber and other vegetation, loss of recreational opportunities and wildlife habitat, erosion and damage to streamflow and watersheds, extremely adverse effects on water quality through sedimentation, destruction of soil and loss of nutrients, degradation of air quality, invasions into burned areas of less desirable plant species, and an unacceptable level of hazards to public safety. Further, the increased cost of fire suppression implies the need for alternative methods of fire prevention.
(b) The prevention of high-intensity wildland fires may be achieved partly through the reduction of the volume and continuity of flammable vegetation in wildlands by a program of fuel management.
(c) Wildland resources management planning and the provision of prescribed burn crews pursuant to this article serves a public purpose and will benefit all the citizens of the state.
(Amended by Stats. 1980, Ch. 525, Sec. 3. Operative July 1, 1981, by Sec. 13 of Ch. 525.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4464.

4464. Unless the context clearly requires otherwise, the following definitions govern the construction of this chapter:
(a) “Hazardous fuel reduction” means the application of practices to wild lands, the primary impact of which to the vegetation is generally limited to the reduction of surface and ladder wild land fuels. These practices include, but are not limited to, prescribed fire, piling by machine or by hand in preparation for burning, thinning, pruning, or grazing. Treatments that reduce crown densities shall be prescribed only for the purpose of impacting fire behavior, and if it can be reasonably concluded, based on the proposed treatment, that the likelihood for the formation of crown fires is reduced.
(b) “Nonprofit organization” means any California corporation organized under Section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code.
(c) “Person” means any natural person, firm, association, partnership, business trust, corporation, limited liability company, company, nonprofit organization, or a combination of those, or any public agency other than an agency of the federal government.
(d) “Prescribed burn crew” means personnel and firefighting equipment of the department that are prepared to contain fire set in a prescribed burning operation and to suppress any fire that escapes during a prescribed burning operation.
(e) “Prescribed burning” or “prescribed burning operation” means the planned application and confinement of fire to wild land fuels on lands selected in advance of that application to achieve any of the following objectives:
(1) Prevention of high-intensity wild land fires through reduction of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(f) “Wild land” means any land that is classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1 and includes any land having a flammable plant cover. “Wild land” also means any land not classified as a state responsibility area where the geographic location of these lands and accumulation of wild land fuel is such that a wild land fire occurring on these lands would pose a threat to a state responsibility area.
(g) “Wild land fire” means any uncontrolled fire burning on wild land.
(h) “Wild land fuel” means any timber, brush, grass, or other flammable vegetation, living or dead, standing or down.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 4. Effective July 28, 2009.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4464.5.

4464.5. The Legislature finds that, due to the absence of significant forest resources, lands in the Sutter Buttes in the County of Sutter are not likely to become eligible for classification as a state responsibility area under existing statutory criteria, but that those lands possess all other characteristics set forth in Section 4475, and substantial public benefits can be derived from prescribed burning operations on those lands. Accordingly, notwithstanding subdivision (a) of Section 4464, lands in the Sutter Buttes that have substantial accumulations of wildland fuel, the burning of which in a prescribed burning operation will achieve a combination of the purposes set forth in Section 4475, other than forest improvement, shall be deemed “wildland” for the purposes of Article 2 (commencing with Section 4475).
(Added by Stats. 1982, Ch. 987, Sec. 2. Effective September 13, 1982.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4465.

4465. The department shall conduct an experimental program of wildland resources management through prescribed burning and other methods in two areas of wildlands.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4466.

4466. (a) The department shall prepare two model plans for the initial development and implementation of a program for wildland resources management through prescribed burning and other methods, one of which is appropriate for an area of wildlands in northern California, and one, in southern California. All state agencies, including the Departments of Fish and Game and Conservation and the State Water Resources Control Board, shall cooperate with the department in the creation of the plans, to the end that administrative and environmental considerations are carefully and effectively considered and included in the program.
(b) Upon completion of each plan, the director shall submit the plan to the board for its review and approval as to its conformity with the requirements set forth in Section 4467.
(c) The department shall apply for funding from nonstate sources for the purpose of carrying out its planning responsibilities pursuant to this article. The department may not commence such planning until such funding is available in an amount sufficient to meet the costs of one model plan.
(d) Neither plan may be implemented or used after January 1, 1983.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4467.

4467. (a) Each plan shall include, but shall not be limited to, elements regarding wildland fuel management and reduction, air and water quality, water conservation and watershed improvement, soil conservation, wildlife habitat improvement and protection, range and forage improvement, and timberland improvement and protection.
(b) The plan shall be prepared in accordance with the California Environmental Quality Act (commencing with Section 21000) and, when approved, shall constitute the environmental impact report for the implementation of the plan for each area of wildlands designated by the board.
(c) The department shall coordinate the development of each plan with the general plan of each county in which the experimental program is conducted and shall, to the maximum extent feasible, conform the plan to the land-use plans and objectives of state and local government.
(d) Copies of each plan shall be made available to each county, resource conservation district, and person owning land in the area in which the experimental program is conducted.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4468.

4468. During the prescribed burning season, the department shall maintain at least two prescribed burn crews, one each in northern and southern California, for the purpose of providing prescribed burn back-up in the event of an emergency during prescribed burning operations. The department shall prepare a schedule for each prescribed burning season so that the crews will be available to all persons or groups of persons participating in the program during that season. Crews may also be used for other firefighting operations engaged in by the department when not in use in connection with such prescribed burning operations.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4470.

4470. The department shall furnish a prescribed burn crew, and assume all costs thereof, to any person or group of persons who own or control land in a wildland area for which a plan has been approved pursuant to this article if such a person or group of persons obtains a brush-burning permit and agrees as a condition of issuance of the permit to comply with the plan in all aspects and to comply with the requirements of Article 3 (commencing with Section 4491) of this chapter, including the assumption of all liability for damage to the property of others.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 1 - Experimental Program for Wildland Fire Protection and Resources Management › Section 4471.

4471. No person applying for a brush-burning permit pursuant to Article 3 (commencing with Section 4491) of this chapter, applying for a slash-burning permit pursuant to Section 4423, or conducting timber operations pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) shall be required to comply with the provisions of this article as a condition to the issuance of a permit or other entitlement pursuant to such provisions.
(Added by Stats. 1978, Ch. 1118.)
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 7 - Burning of Lands › ARTICLE 2 - Department of Forestry Burning Agreements › Section 4475.

4475. (a) The director may enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction that is consistent with this chapter and the regulations of the board with any person to conduct prescribed burning operations and joint prescribed burning operations that serve the public interest and are beneficial to the state. To be considered for the public interest and beneficial to the state, each prescribed burn shall be for any of the following purposes, or any combination of those purposes:
(1) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(b) For the purposes of this article and consistent with subdivision (c), “person” includes, but is not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies. For purposes of this article, “person” shall also include the plural when the department determines an agreement needs to contain two or more persons as defined in this section.
(c) The Legislature finds and declares that historically, the department conducted prescribed burns only utilizing its own personnel and therefore was liable for any damages resulting from the burn. However, to reach the statewide prescribed burn goals identified in the “California Forest Carbon Plan: Managing our Forest Landscapes in a Changing Climate,” to limit the threat of catastrophic wildfire, and to improve forest health, the department may have a smaller role on individual prescribed burns with a cooperator taking more control as authorized by the act adding this subdivision. This cooperator control may range from creating the burn plan to being the burn boss and conducting the burn.
(Amended by Stats. 2018, Ch. 624, Sec. 9. (SB 1260) Effective January 1, 2019.)
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 7 - Burning of Lands › ARTICLE 2 - Department of Forestry Burning Agreements › Section 4479.

4479. (a) Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted pursuant to an agreement entered into pursuant to this article shall be governed by subdivision (c) of Section 13009 of the Health and Safety Code.
(b) This section shall not apply when the department is applying for federal assistance.
(Amended by Stats. 2018, Ch. 624, Sec. 16. (SB 1260) Effective January 1, 2019.)
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 7 - Burning of Lands › ARTICLE 2 - Department of Forestry Burning Agreements › Section 4480.

4480. In any area of the state where there are substantially more requests for prescribed burning operations or other hazardous fuel reduction pursuant to this article than can be conducted directly by the department in a single fiscal year, the director may enter into an agreement with private consultants or contractors or with other public agencies for furnishing all or a part of the state’s share of the responsibility for planning the operation, preparing the site, and conducting the prescribed burning or other hazardous fuel reduction. The private consultant or contractor or other public agency, and the work assignments of its employees, shall be supervised by the burn boss when conducting prescribed burning operations, or designated officer as determined by the department when conducting other hazardous fuel reduction, as provided in subdivision (c) of Section 4476.
(Amended by Stats. 2018, Ch. 624, Sec. 17. (SB 1260) Effective January 1, 2019.)
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 7 - Burning of Lands › ARTICLE 2 - Department of Forestry Burning Agreements › Section 4483.

4483. (a) To the extent feasible, the board’s Vegetation Treatment Program Programmatic Environmental Impact Report shall serve, in addition to any identified entities in the report, as the programmatic environmental document for prescribed fires initiated by a third party for a public purpose pursuant to Section 4491. This subdivision does not apply to a prescribed fire activity that is exempt from the requirements of Division 13 (commencing with Section 21000).
(b) (1) It is the intent of the Legislature that additional consideration be provided for chaparral and coastal sage scrub plant communities that are being increasingly threatened by fire frequency in excess of their natural fire return patterns due to climate change and human-caused fires.
(2) Prescribed burning, mastication, herbicide application, mechanical thinning, or other vegetative treatments of chaparral or sage scrub shall occur only if the department finds that the activity will not cause “type conversion” away from the chaparral and coastal sage scrub currently on site.
(3) This subdivision shall be in addition to the requirements in the Vegetation Treatment Program Programmatic Environmental Impact Report.
(c) The department may order remediation for any type conversion caused in violation of paragraph (2) of subdivision (b).
(Amended by Stats. 2021, Ch. 375, Sec. 12. (AB 642) 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 7 - Burning of Lands › ARTICLE 3 - Private Burning of Lands Under Permit › Section 4491.

4491. (a) Cooperation by the department, as provided in this article, with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources, and maintenance of air quality, or any combination thereof, is declared to be for a public purpose.
(b) This article shall be administered by the director or, if responsibility therefor is delegated by the director, by the chief of a county fire department in a county contracting with the department pursuant to Section 4129.
(c) In furtherance of this article, the department shall provide advisory service to applicants for permits as to precautions to be taken by the applicant to prevent damage to the property of others by reason of the prescribed burning, and shall provide standby fire protection, to the extent the personnel, fire crews, and firefighting equipment are available.
(Amended by Stats. 2017, Ch. 93, Sec. 2. (AB 1712) Effective January 1, 2018.)
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 7 - Burning of Lands › ARTICLE 3 - Private Burning of Lands Under Permit › Section 4492.

4492. A person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area may apply to the department for permission to utilize prescribed burning for those public purposes set forth in subdivision (a) of Section 4491. The application shall be on a form prescribed by the department and shall contain a description of the lands and other pertinent information that the department may require.
(Amended by Stats. 2017, Ch. 93, Sec. 3. (AB 1712) Effective January 1, 2018.)
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 7 - Burning of Lands › ARTICLE 3 - Private Burning of Lands Under Permit › Section 4493.

4493. (a) Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(b) In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c) The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(Amended by Stats. 2021, Ch. 375, Sec. 13. (AB 642) 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 7 - Burning of Lands › ARTICLE 3 - Private Burning of Lands Under Permit › Section 4494.

4494. (a) Upon the conclusion of the examination provided for in Section 4493, the department may issue to the applicant a burning permit that shall specify the site preparation requirements and required precautions to be exercised before and during the burning. The issuance of a permit by the department does not relieve the permitholder from the duty of exercising due diligence to avoid damage to property of others in conducting the burning of vegetation as authorized by the permit.
(b) Compliance with a permit issued pursuant to this article shall constitute prima facie evidence of due diligence.
(c) The department shall develop and deploy an automated system for burn permits issued pursuant to this article.
(Amended by Stats. 2021, Ch. 375, Sec. 14. (AB 642) 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 7 - Burning of Lands › ARTICLE 4 - Air Quality and Prescribed Burns Program › Section 4495.

4495. In coordination with local air pollution control and air quality management districts, the department and the State Air Resources Board shall develop and fund a program, upon appropriation by the Legislature, to enhance air quality and smoke monitoring, and to provide a public awareness campaign regarding prescribed burns. The program may include, but not be limited to, purchasing new, rapidly deployable air quality monitors. The program shall include adequate funding, upon appropriation by the Legislature, for local air pollution control and air quality management district participation and implementation costs.
(Added by Stats. 2018, Ch. 624, Sec. 20. (SB 1260) Effective January 1, 2019.)
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 7 - Burning of Lands › ARTICLE 4.4 - Prescribed Fire Liability Pilot Program › Section 4503.

4503. This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.
(Added by Stats. 2022, Ch. 606, Sec. 5. (SB 926) Effective September 27, 2022. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.4, commencing with Section 4500.)