Participation Commitment Appeals Sample Clauses

Participation Commitment Appeals a. Decisions related to the Participation Commitment may be informally appealed to the State Forester. A. Initial Attack a. The Participating Entity agrees to primary responsibility for Initial Attack (“IA”). IA is defined as actions taken by the first resources to arrive at any wildland fire incident. Initial actions may be size-up, patrolling, monitoring, holding action, or aggressive suppression action. All wildland fires that are controlled by suppression forces undergo initial attack. The kind and number of resources responding to initial attack varies depending on fire danger, fuel type, values to be protected and other factors. Generally, initial attack involves a small number of resources and the incident size is small. Regardless of fire type, location, or property/resources being threatened, firefighter and public safety is always the highest priority (NWCG Wildland Fire Incident Management Field Guide, 2013). b. Effective wildland fire IA will be determined by FFSL based on the definition above and pursuant to Utah Code § 65A-8-202 (2017), defined as what is reasonable for the entity. c. The Participating Entity agrees to financial responsibility for all IA costs except aviation assets, which are the responsibility of the State. d. FFSL agrees to financial responsibility for all costs of aviation assets, including both IA and extended incidents. i. Aviation assets on initial run cards as established by the State will not: 1. be counted towards a Participating Entity’s historic fire cost average for purposes of annually calculating the Participating Entity’s Participation Commitment; and, 2. cause the Delegation of Fire Management Authority or Transfer of Fiscal Responsibility. B. Delegation of Fire Management Authority and Transfer of Fiscal Responsibility a. Delegation of Fire Management Authority and Transfer of Fiscal Responsibility (“Delegation”) occur simultaneously with one of the following events: i. State or federally owned lands are involved in the incident; or, ii. firefighting resources are ordered through an Interagency Fire Center (beyond “pre-planned dispatch”); or, iii. at the request of the Participating Entity having jurisdiction by the local fire official on scene; or, iv. by decision of the State Forester after consultation with local authorities. b. Delegation to FFSL means FFSL or its designee becomes the primary incident commander, in a unified command environment with the agency having jurisdiction.