Forestry: safety requirements: fire equipment: internal combustion engines

Operators working near forest, brush, or grass-covered land must keep specified firefighting tools accessible during fire-risk periods. The law also directs tailored emergency rules for rangeland and timber operations.

What the law does ​

• Requires operators of spark- or flame-producing equipment to clear a 10-foot area and keep a ready backpack pump extinguisher plus enough long-handled shovels for every worker within 25 feet.
• Requires land-clearing or grading vehicles to carry an immediately usable long-handled shovel and fire extinguisher, while workers away from the vehicle must meet the fuller tool requirements.
• Directs the State Board of Forestry and Fire Protection to issue emergency rules defining accessible fire-tool locations and suitable tools for rangeland and timber operations.
• Extends specified fire-safety duties and penalties to businesses and other legal entities, including engine sellers, renters, manufacturers, and operators.
• Retains spark-arrester, fire-prevention design, warning-label, and portable-tool fire-equipment requirements for internal-combustion engines and equipment.

Who it affects ​

• Rangeland operators, timber operators, industrial operators, and crews using engines or spark-producing equipment near dry vegetation.
• Land-clearing and grading vehicle operators.
• Sellers, lessors, renters, and manufacturers of covered internal-combustion engines and equipment.

Context ​

Violations of several of these fire-safety requirements remain crimes or infractions.

Breakdown ​

Wildfire Tools for Industrial Operations ​

AB 2075 updates wildfire-prevention equipment rules for operations using engines and other spark-producing equipment near specified lands. It requires a backpack pump extinguisher and enough round-point shovels for every worker, sets a 25-foot access rule for the equipment, and changes the rules for motor vehicles used to work, clear, or grade land. It also directs the State Board of Forestry and Fire Protection to develop definitions and specialized requirements for rangeland and timber operations.

Key takeaways

• Operations must keep at least one fully equipped backpack pump-type fire extinguisher and enough serviceable round-point shovels for each person to fight a fire.
• The required fire tools must be within 25 feet of the relevant engine or spark-producing equipment and accessible to the operator without restriction.
• Motor vehicles used to work on, clear, or grade land are instead required to carry or have attached one serviceable round-point shovel and one fully equipped fire extinguisher ready for immediate use.
• The bill removes the prior exception for emergency-crew members and certain utility service vehicles.
• The State Board of Forestry and Fire Protection must define key access terms and develop firefighting-tool requirements for rangeland operations.
• For timber operations, the board must adopt emergency regulations on access, fire-tool types and quantities, clearing around operations, and firefighting tools.

Who Must Follow Engine Fire Rules ​

The bill clarifies that the engine fire-safety rules apply to both individuals and organizations. It defines “person” to include businesses and other legal entities, such as corporations, partnerships, associations, and limited liability companies. Because violations can be crimes, this broader definition can expand criminal enforcement.

Key takeaways

• The bill defines “person” for these engine fire-safety rules to include individuals and legal entities.
• Businesses, partnerships, corporations, limited liability companies, and similar organizations are included in the definition.
• The definition applies to rules on operating, selling, leasing, and renting internal combustion engines and engine-powered equipment.
• Because some violations are crimes, expanding who may violate those rules creates a state-mandated local program.

Who Must Follow Fire-Tool Rules ​

The bill clarifies that the fire-safety requirements for using certain gasoline-powered portable tools apply to both individuals and organizations. It defines “person” to include businesses and other legal entities, so those entities can be subject to the existing criminal penalty for violations.

Key takeaways

• The bill defines “person” under these fire-safety rules to include individuals, partnerships, firms, associations, corporations, limited liability companies, and other legal entities.
• The definition applies to existing requirements to keep a shovel or specified fire extinguisher available when using certain gasoline-powered portable tools near flammable material during permit-required periods.
• Because organizations are included within the rule, the bill expands who may be prosecuted for violating the existing requirements.
• The expansion of the criminal law creates a state-mandated local program.

Expanded Covered Entities ​

This part expands who must comply with fire-safety equipment rules for certain steam-operated equipment in areas where burning permits are required. The rules now apply to individuals and a broader range of business and legal entities, including associations and limited liability companies. Violations remain criminal offenses, which may create added local enforcement duties.

Key takeaways

• The bill expands the fire-safety equipment requirement beyond the entities listed in prior law.
• The requirement now applies to natural persons, partnerships, firms, associations, corporations, limited liability companies, and other legal entities.
• Covered operators must comply when using specified steam-operated equipment in covered areas during periods when burning permits are required.
• Because violating the requirement is a crime, the expanded coverage may require local agencies to enforce the law against additional entities.

No State Reimbursement Required ​

This part of the bill says the state does not have to reimburse local agencies or school districts for costs caused by the act. It relies on a specified reason stated elsewhere in the bill or applicable law.

Key takeaways

• The bill states that no state reimbursement is required for costs resulting from this act.
• California generally reimburses local agencies and school districts for certain state-required costs.
• This provision makes an exception to reimbursement requirements for the specified reason.

Coordinating Changes With SB 1167 ​

AB 2075 adds the changes to Public Resources Code Section 4442 that SB 1167 also proposes, but only under specified conditions. Those added changes take effect only if both bills become law and AB 2075 is enacted after SB 1167.

Key takeaways

• The bill coordinates its amendment to Section 4442 with changes proposed in SB 1167.
• The additional SB 1167-related changes apply only if both AB 2075 and SB 1167 are enacted.
• The additional changes apply only if AB 2075 is enacted after SB 1167.