Common use of Voluntary Fire Warden Designation Clause in Contracts

Voluntary Fire Warden Designation. The Director has the responsibility for enforcing State forest and fire laws on the lands of California. To that end, the Director may appoint any United States Forest Service employee within this State as a Voluntary Fire Warden. The Director may also appoint, in such number and localities as he/she deems wise, public-spirited citizens to act as Voluntary Fire Wardens. Those appointed shall have all the powers given to Fire Wardens by the Director. The Director may appoint Voluntary Fire Wardens with powers conferred by law upon peace officers listed in Section 830.37 of the California Penal Code (PC); provided, however, that the primary duty of the peace officer shall be the enforcement of forest laws and regulations (PRC 4156). Alternatively, the Director can appoint Voluntary Fire Wardens who are not afforded peace officer powers. This creates the possibility for two distinct classifications of Voluntary Fire Wardens, designated within this exhibit as VFW for non-peace officers and VFW-LE for those afforded limited peace officer powers for the enforcement of forest and fire laws pursuant to PC 830.37. Federal agency personnel with SRA responsibility within their DPA may be appointed as VFWs or VFW-LEs as described below. Voluntary Fire Wardens without State Law Enforcement Authority Non-sworn Law Enforcement, Federal, or Fire Prevention personnel may be designated representatives of the Director as Voluntary Fire Wardens (VFWs) who are not afforded peace officer authorities. The purpose of this designation is for the performance of the fire prevention inspections and fire investigation duties, where appropriate and authorized, on SRA within the Federal DPA. To be appointed as a VFW, the candidate must have completed all required INVF training and maintain INFV certification. Additional qualifications for candidates may be subject to current and future attachments to this agreement. By April 15th, Federal agencies will submit to the appropriate State Unit Chief the names of non- sworn law enforcement personnel and volunteers who are trained to perform the fire prevention responsibilities for which VFW designation is sought. The State Unit Chief will respond in writing with a list of the approved designees. Voluntary Fire Wardens with State Law Enforcement Authority Federal Law Enforcement personnel may be designated representatives of the Director as Voluntary Fire Wardens (VFW-LE), who are afforded peace officer authorities. The purpose of this designation is for the performance of the fire prevention and fire investigation duties, where appropriate and authorized, listed in this Exhibit on SRA within the Federal DPA. To be appointed as a VFW-LE, the following shall apply:  The nominated law enforcement officer shall be in good standing with the Federal agency by which he/she is employed.  The officer shall be current on all required agency training.  The officer must meet the training requirements set forth in California Penal Code § 832. Law enforcement officers with the USFS are appointed VFW-LE pursuant to the Cooperative Law Enforcement Agreement between CAL FIRE and the USFS Pacific Southwest Region, Attachment 1 to this exhibit. For Federal law enforcement officers, not employed by the USFS, Federal agencies will submit to the appropriate State Unit Chief, by April 15th, the names of law enforcement personnel who are trained to perform the fire prevention responsibilities for which VFW-LE designation is sought. The State Unit Chief will respond in writing with a list of the approved designees. Alternatively, Federal agencies may develop, and the Director may approve, a similar agreement as Attachment 1 to this exhibit. Attachment 1 Cooperative Law Enforcement Agreement Between the California Department of Forestry and Fire Protection and the Pacific Southwest Region of the USDA Forest Service The Director (the "Director") of the California Department of Forestry and Fire Protection (the "Department") and the Pacific Southwest Region of the United States Department of Agriculture, Forest Service (the "Forest Service") enter into this Cooperative Law Enforcement Agreement ("Agreement"). California Penal Code § 830.37(c); California Public Resources Code § 4151; 16 USC §§ 551a, 553, and 559g(c); and 36 CFR § 211.3 provide the Director and the Forest Service authority to enter into this Agreement.

Voluntary Fire Warden Designation. The Director has the responsibility for enforcing State forest and fire laws on the lands of California. To that end, the Director may appoint any United States Forest Service employee within this State as a Voluntary Fire Warden. The Director may also appoint, in such number and localities as he/she deems wise, public-spirited citizens to act as Voluntary Fire Wardens. Those appointed shall have all the powers given to Fire Wardens by the Director. The Director may appoint Voluntary Fire Wardens with powers conferred by law upon peace officers listed in Section 830.37 of the California Penal Code (PC); provided, however, that the primary duty of the peace officer shall be the enforcement of forest laws and regulations (PRC 4156). Alternatively, the Director can appoint Voluntary Fire Wardens who are not afforded peace officer powers. This creates the possibility for two distinct classifications of Voluntary Fire Wardens, designated within this exhibit as VFW for non-peace officers and VFW-LE for those afforded limited peace officer powers for the enforcement of forest and fire laws pursuant to PC 830.37. Federal agency personnel with SRA responsibility within their DPA may be appointed as VFWs or VFW-LEs as described below. Voluntary Fire Wardens without State Law Enforcement Authority Non-sworn Law Enforcement, Federal, or Fire Prevention personnel may be designated representatives of the Director as Voluntary Fire Wardens (VFWs) who are not afforded peace officer authorities. The purpose of this designation is for the performance of the fire prevention inspections and fire investigation duties, where appropriate and authorized, on SRA within the Federal DPA. To be appointed as a VFW, the candidate must have completed all required INVF training and maintain INFV certification. Additional qualifications for candidates may be subject to current and future attachments to this agreement. By April 15th, Federal agencies will submit to the appropriate State Unit Chief the names of non- sworn law enforcement personnel and volunteers who are trained to perform the fire prevention responsibilities for which VFW designation is sought. The State Unit Chief will respond in writing with a list of the approved designees. Voluntary Fire Wardens with State Law Enforcement Authority Federal Law Enforcement personnel may be designated representatives of the Director as Voluntary Fire Wardens (VFW-LE), who are afforded peace officer authorities. The purpose of this designation is for the performance of the fire prevention and fire investigation duties, where appropriate and authorized, listed in this Exhibit on SRA within the Federal DPA. To be appointed as a VFW-LE, the following shall apply:  • The nominated law enforcement officer shall be in good standing with the Federal agency by which he/she is employed.  • The officer shall be current on all required agency training.  • The officer must meet the training requirements set forth in California Penal Code § 832. Law enforcement officers with the USFS are appointed VFW-LE pursuant to the Cooperative Law Enforcement Agreement between CAL FIRE and the USFS Pacific Southwest Region, Attachment 1 to this exhibit. For Federal law enforcement officers, not employed by the USFS, Federal agencies will submit to the appropriate State Unit Chief, by April 15th, the names of law enforcement personnel who are trained to perform the fire prevention responsibilities for which VFW-LE designation is sought. The State Unit Chief will respond in writing with a list of the approved designees. Alternatively, Federal agencies may develop, and the Director may approve, a similar agreement as Attachment 1 to this exhibit. Attachment 1 Cooperative Law Enforcement Agreement Between the California Department of Forestry and Fire Protection and the Pacific Southwest Region of the USDA Forest Service The Director (the "Director") of the California Department of Forestry and Fire Protection (the "Department") and the Pacific Southwest Region of the United States Department of Agriculture, Forest Service (the "Forest Service") enter into this Cooperative Law Enforcement Agreement ("Agreement"). California Penal Code § 830.37(c); California Public Resources Code § 4151; 16 USC §§ 551a, 553, and 559g(c); and 36 CFR § 211.3 provide the Director and the Forest Service authority to enter into this Agreement.