Bill Text: CA AB2380 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fire protection: privately contracted private fire prevention resources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-21 - Chaptered by Secretary of State - Chapter 636, Statutes of 2018. [AB2380 Detail]

Download: California-2017-AB2380-Amended.html

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Amended  IN  Assembly  April 30, 2018

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2380

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Introduced by Assembly Member Aguiar-Curry

February 14, 2018

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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

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 state’s 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, 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, resources during an active fire incident, as provided. The bill would authorize the office to levy a fine not to exceed $5,000 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  

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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 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.

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 Governor’s Office of Emergency Services.

14867.

 (a) The office, in collaboration with the department, 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.

(B) A privately contracted private fire prevention resource shall register with incident command or the local fire department before entering an area.

(C) A privately contracted private fire prevention resource shall be equipped with Global Positioning System (GPS) tracking device so incident command 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.

(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. 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) Emergency vehicles shall not use lights or sirens.

(3) Emergency 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 may, after appropriate notice and opportunity for hearing, by administrative order, levy a fine not to exceed five thousand dollars ($5,000) 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.