It is the intent of the Legislature to provide for the highest level of safety for firefighters and the communities they protect by regulating the use of privately contracted private fire prevention resources. Nothing in this part shall be construed or otherwise interpreted to authorize public agencies to contract for firefighting services or other first response services. The Legislature finds and declares that firefighting and fire protection services are a municipal function and a public good to be provided by public agencies and their employees.
Part 4.5Use of Privately Contracted Private Fire Prevention Resources
Section § 14865
This law aims to ensure the safety of both firefighters and the communities they serve by overseeing the use of privately-hired fire prevention services. It makes clear that public agencies cannot hire private entities for firefighting or emergency response services, emphasizing that these services should be provided by public agencies and their staff.
privately contracted fire prevention firefighter safety community protection public agency responsibility firefighting services regulation emergency response services municipal function public good private fire resources legislature intent fire protection services fire emergency management fire service provision
Section § 14866
In this section, two terms are defined: "Department" refers to the Department of Forestry and Fire Protection, and "Office" refers to the Governor’s Office of Emergency Services. These definitions are used for understanding this part of the legal framework.
For purposes of this part, the following terms have the following meanings:
(a)CA Health and Safety Code § 14866(a) “Department” means the Department of Forestry and Fire Protection.
(b)CA Health and Safety Code § 14866(b) “Office” means the Governor’s Office of Emergency Services.
Department of Forestry and Fire Protection Governor’s Office of Emergency Services emergency services definitions fire protection terminology agency definitions Forestry Department Emergency Office legal definitions fire management departments
Section § 14867
This law requires setting standards for private fire prevention teams working during fires in California. The standards involve several important rules. Teams must leave when evacuation warnings are announced and can only return with permission. They must check in with the main firefront command before starting work and be equipped with GPS devices to stay trackable. The teams should have a direct liaison with the command center available at all times. They are only allowed to listen to the fire command radio and can speak on it only with permission. Whenever possible, these teams should focus on activities like preparing areas before fires to keep everyone safe and organized.
(a)CA Health and Safety Code § 14867(a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, established pursuant to Chapter 3 (commencing with Section 13070) of Part 1, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.
(b)Copy CA Health and Safety Code § 14867(b)
(1)Copy CA Health and Safety Code § 14867(b)(1) In developing standards and regulations, the office shall consider private resource utilization guidelines developed by the FIRESCOPE Program, pursuant to Chapter 3 (commencing with Section 13070) of Part 1.
(2)CA Health and Safety Code § 14867(b)(2) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following
requirements:
(A)CA Health and Safety Code § 14867(b)(2)(A) A privately contracted private fire prevention resource shall heed all evacuation warnings and leave the evacuation area when prompted, until the area is reopened or until they have received incident command authorization to reenter or stay in the area.
(B)CA Health and Safety Code § 14867(b)(2)(B) A privately contracted private fire prevention resource shall check in with incident command before entering an area.
(C)CA Health and Safety Code § 14867(b)(2)(C) A privately contracted private fire prevention resource shall be equipped with a Global Positioning System (GPS) tracking device so its liaison at incident command, as described in subparagraph (D), and incident command, can locate the privately contracted private fire prevention resource in the event of an evacuation. The Global Positioning System used by the privately contracted private fire prevention resource shall be
compatible with the state’s incident management and situational awareness tracking system.
(D)CA Health and Safety Code § 14867(b)(2)(D) A privately contracted private fire prevention resource shall have a liaison at incident command that is available to incident command at all times and can contact the privately contracted private fire prevention resource at any time.
(E)Copy CA Health and Safety Code § 14867(b)(2)(E)
(i)Copy CA Health and Safety Code § 14867(b)(2)(E)(i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies assigned to a particular incident, as permitted under Part 90 of Title 47 of the Code of Federal Regulations.
(ii)CA Health and Safety Code § 14867(b)(2)(E)(i)(ii) The regulations shall include a prohibition on a privately contracted private fire prevention resource from communicating on incident command radio frequencies, without prior approval from incident command.
(F)CA Health and Safety Code § 14867(b)(2)(F) A privately contracted private fire prevention resource shall, whenever possible, focus on prefire treatment activities and pretreatment of values-at-risk and other nonemergency activities outside of a restricted area to ensure safety, clear command and control, and minimize potential liability issues.
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Section § 14868
This law section requires the creation of rules for using equipment by private fire prevention companies during fires. The main points include that all equipment must be marked as nonemergency, and vehicles used cannot have emergency lights, sirens, or labels suggesting they are emergency personnel or fire department entities. Additionally, the office can consult private and public fire organizations while forming these rules.
(a)CA Health and Safety Code § 14868(a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, shall develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident. The regulations shall include, but not be limited to, the following:
(1)CA Health and Safety Code § 14868(a)(1) All equipment shall be clearly labeled nonemergency.
(2)CA Health and Safety Code § 14868(a)(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.
(3)CA Health and Safety Code § 14868(a)(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel
or fire department.
(b)CA Health and Safety Code § 14868(b) The office may consult with both private sector entities that provide privately contracted private fire prevention resources and public sector fire agencies before developing the regulations as required by this section.
private fire prevention fire incident equipment nonemergency labeling emergency lights prohibition siren restriction fire vehicle labeling FIRESCOPE Program consultation with fire agencies private sector fire resources public sector fire agencies fire regulation development
