California 2017 2017-2018 Regular Session

California Assembly Bill AB2380 Amended / Bill

Filed 08/17/2018

                    Amended IN  Senate  August 17, 2018 Amended IN  Senate  July 02, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2380Introduced by Assembly Member Aguiar-CurryFebruary 14, 2018 An act to add Part 4.5 (commencing with Section 14865) to Division 12 of the Health and Safety Code, relating to fire protection. LEGISLATIVE COUNSEL'S DIGESTAB 2380, as amended, Aguiar-Curry. Fire protection: privately contracted private fire prevention resources.Existing law provides that fire companies in unincorporated and incorporated towns may be organized, as provided, and be subject to specified provisions and requirements. Existing law provides that the city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing service within its city. Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.This bill would require the office, in collaboration with the Department of Forestry and Fire Protection, Protection and the California fire service leadership, to develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in the state, and to develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident, as provided. The bill would authorize the office department to levy a fine not to exceed $5,000 $10,000 for any violation of the above provisions or regulations adopted thereto, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 4.5 (commencing with Section 14865) is added to Division 12 of the Health and Safety Code, to read:PART 4.5. Use of Privately Contracted Private Fire Prevention Resources14865. 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.14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.

 Amended IN  Senate  August 17, 2018 Amended IN  Senate  July 02, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2380Introduced by Assembly Member Aguiar-CurryFebruary 14, 2018 An act to add Part 4.5 (commencing with Section 14865) to Division 12 of the Health and Safety Code, relating to fire protection. LEGISLATIVE COUNSEL'S DIGESTAB 2380, as amended, Aguiar-Curry. Fire protection: privately contracted private fire prevention resources.Existing law provides that fire companies in unincorporated and incorporated towns may be organized, as provided, and be subject to specified provisions and requirements. Existing law provides that the city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing service within its city. Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.This bill would require the office, in collaboration with the Department of Forestry and Fire Protection, Protection and the California fire service leadership, to develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in the state, and to develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident, as provided. The bill would authorize the office department to levy a fine not to exceed $5,000 $10,000 for any violation of the above provisions or regulations adopted thereto, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  August 17, 2018 Amended IN  Senate  July 02, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  March 22, 2018

Amended IN  Senate  August 17, 2018
Amended IN  Senate  July 02, 2018
Amended IN  Assembly  April 30, 2018
Amended IN  Assembly  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2380

Introduced by Assembly Member Aguiar-CurryFebruary 14, 2018

Introduced by Assembly Member Aguiar-Curry
February 14, 2018

 An act to add Part 4.5 (commencing with Section 14865) to Division 12 of the Health and Safety Code, relating to fire protection. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2380, as amended, Aguiar-Curry. Fire protection: privately contracted private fire prevention resources.

Existing law provides that fire companies in unincorporated and incorporated towns may be organized, as provided, and be subject to specified provisions and requirements. Existing law provides that the city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing service within its city. Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.This bill would require the office, in collaboration with the Department of Forestry and Fire Protection, Protection and the California fire service leadership, to develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in the state, and to develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident, as provided. The bill would authorize the office department to levy a fine not to exceed $5,000 $10,000 for any violation of the above provisions or regulations adopted thereto, as provided.

Existing law provides that fire companies in unincorporated and incorporated towns may be organized, as provided, and be subject to specified provisions and requirements. Existing law provides that the city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing service within its city. Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

This bill would require the office, in collaboration with the Department of Forestry and Fire Protection, Protection and the California fire service leadership, to develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in the state, and to develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident, as provided. The bill would authorize the office department to levy a fine not to exceed $5,000 $10,000 for any violation of the above provisions or regulations adopted thereto, as provided.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Part 4.5 (commencing with Section 14865) is added to Division 12 of the Health and Safety Code, to read:PART 4.5. Use of Privately Contracted Private Fire Prevention Resources14865. 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.14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Part 4.5 (commencing with Section 14865) is added to Division 12 of the Health and Safety Code, to read:PART 4.5. Use of Privately Contracted Private Fire Prevention Resources14865. 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.14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.

SECTION 1. Part 4.5 (commencing with Section 14865) is added to Division 12 of the Health and Safety Code, to read:

### SECTION 1.

PART 4.5. Use of Privately Contracted Private Fire Prevention Resources14865. 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.14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.

PART 4.5. Use of Privately Contracted Private Fire Prevention Resources14865. 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.14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.

PART 4.5. Use of Privately Contracted Private Fire Prevention Resources

PART 4.5. Use of Privately Contracted Private Fire Prevention Resources

14865. 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.



14865. 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.

14866. For purposes of this part, the following terms have the following meanings:(a) Department means the Department of Forestry and Fire Protection.(b) Office means the Governors Office of Emergency Services.



14866. For purposes of this part, the following terms have the following meanings:

(a) Department means the Department of Forestry and Fire Protection.

(b) Office means the Governors Office of Emergency Services.

14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.(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) 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. 



14867. (a) The office, in collaboration with the department, department and the California fire service leadership, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California.

(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) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements:

(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) A privately contracted private fire prevention resource shall check in with incident command before entering an area.

(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), can locate the privately contracted private fire prevention resource in the event of an evacuation.

(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) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies.

(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) 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. 

14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.(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. 



14868. (a) The office, in collaboration with the department, 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) All equipment shall be clearly labeled nonemergency.

(2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens.

(3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department.

(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. 

14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.



14869. (a) For any violation of this part or regulations adopted pursuant to this part, the office department may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five ten thousand dollars ($5,000) ($10,000) per violation. Fines received pursuant to this section shall be deposited into the General Fund.

(b) The office shall adopt regulations establishing procedures for notices, appeals, and hearings.