Hazard AbatementHazard Abatement

ObjectivesObjectives• Define the following legal terms: Define the following legal terms:

Additional Fire Hazard Additional Fire Hazard Extreme Fire Hazard Requiring Abatement Extreme Fire Hazard Requiring Abatement Abatement Abatement Isolation Isolation ReductionReduction

• Understand landowner responsibility and Understand landowner responsibility and liability.liability.

• Understand potential enforcement actions.Understand potential enforcement actions.

• Understand how landowners may request to be Understand how landowners may request to be absolved of liability.absolved of liability.

Additional Fire HazardAdditional Fire HazardRCW 76.04.005RCW 76.04.005 (Definitions) (Definitions)

““Additional fire hazard” means a condition Additional fire hazard” means a condition existing on any land in the state:existing on any land in the state:

(a)(a) Covered wholly or in part by forest Covered wholly or in part by forest debris which is debris which is likely to further the spread likely to further the spread of fire and thereby of fire and thereby endanger life or endanger life or property…property…

(b) (b) When, due to the effects of disturbance When, due to the effects of disturbance agents, agents, broken, down, dead, or dying trees broken, down, dead, or dying trees exist on forest land exist on forest land in sufficient quantity to in sufficient quantity to be likely to further the spread be likely to further the spread of fire within of fire within areas covered by a forest health hazard areas covered by a forest health hazard warning or order issued by the commissioner warning or order issued by the commissioner of public of public lands under RCW lands under RCW 76.06.180 (…) (…)

Logging SlashLogging Slash

PCT SlashPCT Slash

Mountain Pine Beetle OutbreakMountain Pine Beetle Outbreak

Extreme Fire Hazard Extreme Fire Hazard Requiring AbatementRequiring Abatement

WAC 332.24.650WAC 332.24.650

(1) (1) Any additional fire hazard within a Any additional fire hazard within a distance of distance of one one hundredhundred feet from the feet from the closest edge of the running closest edge of the running surface of surface of any state or federal highway, county any state or federal highway, county road road or railroad;or railroad;

Extreme Fire Hazard Extreme Fire Hazard Requiring AbatementRequiring Abatement

WAC 332.24.650WAC 332.24.650

(2) (2) Any additional fire hazard within a Any additional fire hazard within a distance of distance of one one hundred feethundred feet from the from the closest edge of the running closest edge of the running surface of surface of any other road … that is generally open to any other road … that is generally open to and frequently used by the public during and frequently used by the public during periods of periods of fire danger….where normal use is fire danger….where normal use is seventy-five vehicles seventy-five vehicles or more per weekor more per week…the …the term "other road" shall be term "other road" shall be defined as defined as those roads owned or controlled by private those roads owned or controlled by private

individuals, partnerships or individuals, partnerships or corporations, or by public corporations, or by public agencies… agencies…

DNR Land Adjacent To Delphi Road (Thurston DNR Land Adjacent To Delphi Road (Thurston County)County)

Extreme Fire Hazard Extreme Fire Hazard Requiring AbatementRequiring Abatement

WAC 332.24.650WAC 332.24.650

(3) (3) Any additional fire hazard within a Any additional fire hazard within a distance of distance of two two hundred feethundred feet, if required in , if required in writing by the writing by the department, and up to a department, and up to a maximum ofmaximum of five hundred five hundred feetfeet, adjacent to , adjacent to public campgrounds, school public campgrounds, school grounds, grounds, other areas of frequent concentrated other areas of frequent concentrated public use, buildings in use as residences … public use, buildings in use as residences … and and other buildings or structures valued at other buildings or structures valued at one one thousand dollars or more, thousand dollars or more, which are which are not owned by not owned by the owner of the land upon the owner of the land upon which such additional which such additional fire hazard existsfire hazard exists;;

Residences And Outbuildings Adjacent To Residences And Outbuildings Adjacent To DNR landDNR land

Extreme Fire Hazard Extreme Fire Hazard Requiring AbatementRequiring Abatement

WAC 332.24.650WAC 332.24.650

(4) (4) The department may identify other The department may identify other specific areas of specific areas of additional fire additional fire hazard, with comparable high risk of hazard, with comparable high risk of

ignition and/or a threat to life and ignition and/or a threat to life and property and, property and, upon written notificationupon written notification, , require abatement.require abatement.

Extreme Fire Hazard – Extreme Fire Hazard – Eight Hundred Continuous Eight Hundred Continuous

AcresAcresWAC 332.24.652WAC 332.24.652

AbatementAbatement

WAC 332.24.005WAC 332.24.005 (Definitions) (Definitions)

"Abatement" means the elimination of "Abatement" means the elimination of additional fire hazard by burning, additional fire hazard by burning, physical removal, or other means.physical removal, or other means.

IsolationIsolation

WAC 332.24.005WAC 332.24.005 (Definitions) (Definitions)

"Isolation" means the division or separation "Isolation" means the division or separation of an additional fire hazard into of an additional fire hazard into compartments by a constructed barrier of at compartments by a constructed barrier of at least one hundred feet in width at its least one hundred feet in width at its narrowest point. The constructed barrier narrowest point. The constructed barrier must be free and clear of forest debris as must be free and clear of forest debris as defined in RCW defined in RCW 76.04.005 and must be and must be approved, in writing, by the department.approved, in writing, by the department.

ReductionReduction

WAC 332.24.005WAC 332.24.005 (Definitions) (Definitions)

"Reduction" means the elimination of "Reduction" means the elimination of that amount of additional fire hazard that amount of additional fire hazard necessary to produce a remaining average necessary to produce a remaining average volume of forest debris no greater than volume of forest debris no greater than nine tons per acre of material three nine tons per acre of material three inches in diameter and less.inches in diameter and less.

Landowner Landowner ResponsibilityResponsibility

RCW 76.04.660(5)RCW 76.04.660(5)

““The owner or person responsible for the The owner or person responsible for the existence of the extreme fire hazard is required existence of the extreme fire hazard is required to abate, isolate, or reduce the hazard. The duty to abate, isolate, or reduce the hazard. The duty to abate, isolate, or reduce, and liability under to abate, isolate, or reduce, and liability under this chapter, arise upon creation of the extreme this chapter, arise upon creation of the extreme fire hazard.”fire hazard.”

WAC 332.24.654(2)WAC 332.24.654(2)

““The owner(s) and/or person(s) responsible for The owner(s) and/or person(s) responsible for the existence of an extreme fire hazard the existence of an extreme fire hazard requiring abatement….shall abate the extreme requiring abatement….shall abate the extreme fire hazard…The liability for the existence of the fire hazard…The liability for the existence of the extreme fire hazard continues until the extreme extreme fire hazard continues until the extreme fire hazard is abated.”fire hazard is abated.”

Landowner LiabilityLandowner LiabilityWAC 332.24.650WAC 332.24.650

““A forest landowner shall be absolutely liable for A forest landowner shall be absolutely liable for fire suppression costsfire suppression costs for any fire that occurs and for any fire that occurs and abatement is required.”abatement is required.”

WAC 332.24.654(a)WAC 332.24.654(a)

““Liability for the existence of an extreme hazard Liability for the existence of an extreme hazard arises upon creation of the extreme hazard. No arises upon creation of the extreme hazard. No written notification by the department of its written notification by the department of its existence is required. Liability shall include any existence is required. Liability shall include any department suppression costs incurred during department suppression costs incurred during the act(s) of isolating, reducing or abating the the act(s) of isolating, reducing or abating the extreme hazardextreme hazard.”.”

Potential Enforcement Potential Enforcement ActionsActionsRCW 76.04.660RCW 76.04.660

(6) (6) If the owner or person responsible for If the owner or person responsible for the existence the existence of the extreme fire hazard…of the extreme fire hazard…refuses, neglects, or refuses, neglects, or unsuccessfully unsuccessfully attempts to abate, isolate, or reduce attempts to abate, isolate, or reduce the the same, same, the the department may summarily abate, department may summarily abate,

isolate, or reduce the hazardisolate, or reduce the hazard as as required by this required by this chapter chapter and recover and recover twice the actual cost thereoftwice the actual cost thereof from the from the owner or person responsible. owner or person responsible.

(8) (8) The summary action may be taken The summary action may be taken only only after ten after ten days' notice in writing days' notice in writing has been has been given to the owner given to the owner or reputed owner of the or reputed owner of the land on which the extreme land on which the extreme fire hazard…fire hazard…exists. exists.

Absolution of LiabilityAbsolution of LiabilityRCW 76.04.660RCW 76.04.660

(9) (9) A landowner or manager may make A landowner or manager may make a written a written request to the department to request to the department to inspect their property inspect their property and provide a and provide a written notice that they have written notice that they have complied complied with a forest health hazard warning or with a forest health hazard warning or

forest health hazard order, or forest health hazard order, or otherwise otherwise adequately abated, isolated, or adequately abated, isolated, or reduced an reduced an additional or extreme fire additional or extreme fire hazard. hazard.

Absolution of LiabilityAbsolution of Liability

Absolution of LiabilityAbsolution of Liability

ObjectivesObjectives• Define the following legal terms: Define the following legal terms:

Additional Fire Hazard Additional Fire Hazard Extreme Fire Hazard Requiring Abatement Extreme Fire Hazard Requiring Abatement Abatement Abatement Isolation Isolation ReductionReduction

• Understand landowner responsibility and Understand landowner responsibility and liability.liability.

• Understand potential enforcement actions.Understand potential enforcement actions.

• Understand how landowners may request to be Understand how landowners may request to be absolved of liability.absolved of liability.