| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1395Introduced by Assembly Member HarabedianFebruary 21, 2025 An act to amend Section 4428 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTAB 1395, as introduced, Harabedian. Forestry: internal combustion engines: industrial operations: fire toolbox.Existing law prohibits any person, except as specified, from using or operating 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, as prescribed. Existing law requires a sealed box of tools, containing specified items, including one backpack pump-type fire extinguisher filled with water, to be located within the operating area and accessible in the event of a fire.This bill would instead require a dedicated set of tools, as specified, including a sufficient number of fire extinguishers, to be located within the operating area and accessible in the event of a fire, so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.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. Section 4428 of the Public Resources Code is amended to read:4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1395Introduced by Assembly Member HarabedianFebruary 21, 2025 An act to amend Section 4428 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTAB 1395, as introduced, Harabedian. Forestry: internal combustion engines: industrial operations: fire toolbox.Existing law prohibits any person, except as specified, from using or operating 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, as prescribed. Existing law requires a sealed box of tools, containing specified items, including one backpack pump-type fire extinguisher filled with water, to be located within the operating area and accessible in the event of a fire.This bill would instead require a dedicated set of tools, as specified, including a sufficient number of fire extinguishers, to be located within the operating area and accessible in the event of a fire, so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 1395 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Assembly Member HarabedianFebruary 21, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Assembly Member Harabedian |
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| 18 | 18 | | February 21, 2025 |
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| 20 | 20 | | An act to amend Section 4428 of the Public Resources Code, relating to forestry. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1395, as introduced, Harabedian. Forestry: internal combustion engines: industrial operations: fire toolbox. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law prohibits any person, except as specified, from using or operating 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, as prescribed. Existing law requires a sealed box of tools, containing specified items, including one backpack pump-type fire extinguisher filled with water, to be located within the operating area and accessible in the event of a fire.This bill would instead require a dedicated set of tools, as specified, including a sufficient number of fire extinguishers, to be located within the operating area and accessible in the event of a fire, so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions. |
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| 30 | 30 | | Existing law prohibits any person, except as specified, from using or operating 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, as prescribed. Existing law requires a sealed box of tools, containing specified items, including one backpack pump-type fire extinguisher filled with water, to be located within the operating area and accessible in the event of a fire. |
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| 32 | 32 | | This bill would instead require a dedicated set of tools, as specified, including a sufficient number of fire extinguishers, to be located within the operating area and accessible in the event of a fire, so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 4428 of the Public Resources Code is amended to read:4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 4428 of the Public Resources Code is amended to read:4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 46 | 46 | | SECTION 1. Section 4428 of the Public Resources Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 52 | 52 | | 4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 54 | 54 | | 4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section.(a)On any such operation an(b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)(c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.(c)(d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel.(d)(e) As used in this section: section, the following terms shall apply:(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)(1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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.(2) 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. |
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| 58 | 58 | | 4428. No (a) A person, except any a member of an emergency crew or except the driver or owner of any a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which utility that is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall not use or operate any a vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any an industrial operation located on or near any a 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 manner, and location prescribed in this section. |
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| 60 | 60 | | (a)On any such operation an |
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| 64 | 64 | | (b) On an industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that shovels, so that when added to any other tools on the operation, each employee at the operation can be equipped to fight fire. |
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| 66 | 66 | | (b) |
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| 70 | 70 | | (c) 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, toolbox described in subdivision (b), 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, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges. |
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| 72 | 72 | | (c) |
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| 76 | 76 | | (d) Each rail speeder and passenger vehicle, vehicle used on such the 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 on the operation shall be equipped with one shovel. |
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| 78 | 78 | | (d) |
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| 82 | 82 | | (e) As used in this section: section, the following terms shall apply: |
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| 84 | 84 | | (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. |
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| 88 | 88 | | (2) |
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| 92 | 92 | | (1) Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, 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. |
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| 94 | 94 | | (2) 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. |
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