SECTIONS 4151-4157 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4151-4157

4151. The director shall appoint, in such number and localities as
he 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 such other duties
as the director may direct. Any United States Forest Service employee
within this state, if he 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.
Such firewardens do not have authority to obligate the state for
the payment of any money, unless specifically so authorized by the
director.

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 patrolman as a voluntary firewarden and,
for the protection of lands patrolled by him or adjacent to such
lands, may give him all the rights and powers of a voluntary
firewarden. Voluntary firewardens shall be paid by such owners or
organizations or as provided for by Section 4151. Such firewardens do
not have authority to obligate the state for the payment of any
money, unless specifically so authorized by the director.

4153. The department or its duly authorized agent may summon any
able-bodied person to assist in suppressing any forest fire and may
authorize any officer of the state, who is charged with the
prevention and suppression of fire or the enforcement of the state
fire laws, to summon any able-bodied person to assist in suppressing
any 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 any
forest fire until all other available workpower has been exhausted
within the respective jurisdiction of the officer issuing such
summons. No member in good standing of any regularly organized fire
department shall be summoned if he is available and subject to call
for duty with a firefighting unit.

4154. Any person who fails to obey a summons which is authorized by
Section 4153 is guilty of a violation of this article.

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.

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) Any peace officer may enforce federal fire laws to the extent
that he or she is authorized to do so.

4157. Whenever the director or any of the employees or voluntary
firewardens who are designated as peace officers pursuant to Section
4156 arrests any person for a violation of this article or for a
violation of any law relating to forest or fire protection which is
not a felony, he may immediately release the arrested person from his
custody in the manner and under the conditions that are set forth in
Section 853.6 of the Penal Code.