SECTIONS 4421-4446 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4421-4446

4421. A person shall not set fire or cause fire to be set to any
forest, brush, or other flammable material which is on any land that
is not his own, or under his legal control, without the permission of
the owner, lessee, or agent of the owner or lessee of the land.

4422. A person shall not do any of the following:
(a) Willfully or knowingly allow fire to burn uncontrolled on land
which he owns or controls, or to escape to the lands of any person
other than that of the owner.
(b) Allow any fire kindled or attended by him to escape from his
control or to spread to the land of any person other than from the
land from which the fire originated.

4423. A person shall not burn any brush, stumps, logs, fallen
timber, fallows, slash, grass-covered land, brush-covered land,
forest-covered land, or other flammable material, in any state
responsibility area, area receiving fire protection by the department
by contract, or upon federal lands administered by the United States
Department of Agriculture or Department of the Interior, unless the
person has a written permit from the department or its duly
authorized representative or the authorized federal officer on
federal lands administered by the United States Department of
Agriculture or of the Interior and in strict accordance with the
terms of the permit:
(a) At any time in Zone A.
(b) At any time in Zone B between May 1st and the date the
director declares, by proclamation, that the hazardous fire
conditions have abated for that year, or at any other time in Zone B
during any year when the director has declared, by proclamation, that
unusual fire hazard conditions exist in the area.
The issuing agency may require the permittee to contact the agency
to determine permit suspension status prior to burning.

4423.1. Burning under permit by any person on public or private
lands, except within incorporated cities, may be suspended,
restricted, or otherwise prohibited by proclamation. Any of the
following public officers may issue a proclamation, which shall be
applicable within their respective jurisdictions:
(a) The director or his or her designee.
(b) Any county fire warden with the approval of the director.
(c) The federal officers directing activities within California of
the United States Bureau of Land Management, the National Park
Service, and the United States Forest Service.
The proclamation may be issued when, in the judgment of the
issuing public official, the menace of destruction by fire to life,
improved property, or natural resources is, or is forecast to become,
extreme due to critical fire weather, fire suppression forces being
heavily committed to control fires already burning, acute dryness of
the vegetation, or other factors that may cause the rapid spread of
fire. A proclamation is effective on issuance or at a time specified
therein and shall remain in effect until a proclamation removing the
suspension, restriction, or prohibition is issued. The proclamation
may be effective for a single day or longer. The proclamation shall
declare the conditions that necessitate its issuance, designate the
geographic area to which it applies, require that all or specified
burning under permit be suspended, restricted, or prohibited until
the conditions necessitating the proclamation abate, and identify the
public official issuing the proclamation. The proclamation may be in
the form of a verbal or audio recorded telephone message, a press
release, or a posted order.
The proclamation may be issued without complying with Chapter 3.5
(commencing with Section 11340) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.

4423.2. (a) Whenever the burning under permit has been suspended ,
restricted, or prohibited by proclamation pursuant to Section 4423.1,
the officer having jurisdiction may issue a restricted temporary
burning permit in instances in which the continuation of burning may
be essential for reasons of public health, safety, or welfare. The
permit may stipulate any special precautions that are required to be
followed to reduce the risk of uncontrolled fire originating from the
operation.
(b) Violation of the terms of a restricted temporary burning
permit is a misdemeanor, and any person upon conviction thereof shall
be punished by a fine of not less than two hundred fifty dollars
($250). No part of the fine shall be suspended. The court may permit
the fine prescribed by this section to be paid in installments if the
court determines that the defendant is unable to pay the fine in one
lump sum.

4423.3. The use of a campfire is not restricted or prohibited by a
proclamation issued pursuant to Section 4423.1, unless specifically
restricted or prohibited in that or a subsequent proclamation. If
restricted by proclamation, campfires shall be confined to facilities
constructed for that purpose within the confines of a campground
established, maintained, and open for public use, whether publicly or
privately owned.

4423.4. Outdoor smoking is not restricted or prohibited by a
proclamation issued pursuant to Section 4423.1, unless specifically
restricted or prohibited in that or a subsequent proclamation. If
restricted by proclamation, smoking shall be confined to the
following:
(a) Within motor vehicles while operating or parked on established
roads, rest stops, or parking areas cleared of flammable vegetation.
(b) Within established campgrounds open to the public.
(c) Within an area that is at least three feet or approximately
one meter in diameter which has been cleared to mineral soil by
removal of all flammable vegetation and duff.
The exempted locations may be included within the smoking ban if
specifically noticed in the proclamation.

4423.5. Use of open fire or burning under permit within an area
closed by proclamation pursuant to the provisions of Section 4423.1,
except as provided in Sections 4423.2, 4423.3, and 4423.4, is a
misdemeanor and any person upon conviction thereof shall be punished
by a fine of not less than one hundred dollars ($100). No part of
such fine shall be suspended. The court may permit the fine
prescribed by this section to be paid in installments if the court
determines that the defendant is unable to pay the fine in one lump
sum.

4425. Any violation of the terms of a burning permit issued
pursuant to Section 4423, a restricted temporary burning permit
issued pursuant to Section 4423.2, or a campfire permit issued
pursuant to Section 4433 renders the permit null and void.

4426. A person shall not set a backfire, or cause a backfire to be
set, except under the direct supervision or permission of a state or
federal forest officer, unless it can be established that the setting
of such backfire was necessary for the purpose of saving life or
valuable property.

4427. During any time of the year when burning permits are required
in an area pursuant to this article, no person shall use or operate
any motor, engine, boiler, stationary equipment, welding equipment,
cutting torches, tarpots, or grinding devices from which a spark,
fire, or flame may originate, which is located on or near any
forest-covered land, brush-covered land, or grass-covered land,
without doing both of the following:
(a) First clearing away all flammable material, including snags,
from the area around such operation for a distance of 10 feet.
(b) Maintain one serviceable round point shovel with an overall
length of not less than forty-six (46) inches and one backpack pump
water-type fire extinguisher fully equipped and ready for use at the
immediate area during the operation.
This section does not apply to portable powersaws and other
portable tools powered by a gasoline-fueled internal combustion
engine.

4428. No person, except any member of an emergency crew or except
the driver or owner of any service vehicle owned or operated by or
for, or operated under contract with, a publicly or privately owned
utility, which is used in the construction, operation, removal, or
repair of the property or facilities of such utility when engaged in
emergency operations, shall use or operate any vehicle, machine, tool
or equipment powered by an internal combustion engine operated on
hydrocarbon fuels, in any industrial operation located on or near any
forest, brush, or grass-covered land between April 1 and December 1
of any year, or at any other time when ground litter and vegetation
will sustain combustion permitting the spread of fire, without
providing and maintaining, for firefighting purposes only, suitable
and serviceable tools in the amounts, manner and location prescribed
in this section.
(a) On any such operation a sealed box of tools shall be located,
within the operating area, at a point accessible in the event of
fire. This fire toolbox shall contain: one backpack pump-type fire
extinguisher filled with water, two axes, two McLeod fire tools, and
a sufficient number of shovels so that each employee at the operation
can be equipped to fight fire.
(b) One or more serviceable chainsaws of three and one-half or
more horsepower with a cutting bar 20 inches in length or longer
shall be immediately available within the operating area, or, in the
alternative, a full set of timber-felling tools shall be located in
the fire toolbox, including one crosscut falling saw six feet in
length, one double-bit ax with a 36-inch handle, one sledge hammer or
maul with a head weight of six, or more, pounds and handle length of
32 inches, or more, and not less than two falling wedges.
(c) Each rail speeder and passenger vehicle, used on such
operation shall be equipped with one shovel and one ax, and any other
vehicle used on the operation shall be equipped with one shovel.
Each tractor used in such operation shall be equipped with one
shovel.
(d) As used in this section:
(1) "Vehicle" means a device by which any person or property may
be propelled, moved, or drawn over any land surface, excepting a
device moved by human power or used exclusively upon stationary rails
or tracks.
(2) "Passenger vehicle" means a vehicle which is self-propelled
and which is designed for carrying not more than 10 persons including
the driver, and which is used or maintained for the transportation
of persons, but does not include any motortruck or truck tractor.

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.

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.

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.

4432. A person shall not leave a campfire, kindled or attended by
him, burning or unextinguished unless one of the following
requirements is satisfied:
(a) He leaves some person in attendance.
(b) The fire is enclosed within a stove, oven, drum, or other
nonflammable container, in such manner that the fire cannot escape
from the container.
No person shall allow a campfire, kindled or attended by him, to
spread after it is built.

4433. A person shall not light, maintain, or use a campfire upon
any brush-covered land, grass-covered land, or forest-covered land
which is the property of another person unless he first obtains a
written permit from the owner, lessee, or agent of the owner or
lessee of the property.
If, however, campsites and special areas have been established by
the property owner and posted as areas for camping, a permit is not
necessary.
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.

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.

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.

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, fireman, 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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.