No Accountability/Liability for Prescribed Fire Starters

There will be no ENFORCEMENT or OVERSIGHT FUNDS according to the Division of Fire Prevention & Control (FPC) or the Colorado State Forest Service (CSFS) for any prescribed fires that can begin in CO starting Dec 1, 2013. Remember the federal and state governments are exempt from this. No liability ever for burning other property or taking lives.

The Air Pollution & Control Division (APCD) will remain the only State permitting entity for prescribed fire and no changes or improvements have been made to that permitting process.

No enforcement was in place in March 2012 when the LNFF erupted and apparently nothing is changing anytime soon. Next, FPC hopefully will work with APCD to add oversight and enforcement requirements into the Smoke Management permits which are issued when prescribed fire burners begin their plan.

Proposed Senate Bill 2013-083 allows any private party, or their designee, to become a Certified Prescribed Fire Burner (pass class, fee of $250), and then NEVER BE HELD LIABLE for any civil damages resulting from the fire or smoke ( as long as they are not proven grossly negligent or willful and wanton ).

The State and Federal government, as well as Denver Water Board and the CSFS will FOREVER be exempt from liability. Our government representatives need to be contacted with a demand for attention to these issues.

These senators and representatives held hearings about the bills and passed them through without question.

Please consider writing to them requesting further requirements in the Prescribed Fire Act for the safety of the public and our forests. Let's use the valuable wood in our forests NOT BURN it.

REPRESENTATIVE CHERI GEROU
REPRESENTATIVE CLAIRE LEVY
SENATOR IRENE AGUILAR
SENATOR DAVID BALMER
SENATOR LUCIA GUZMAN
SENATOR JOHN KEFALAS
SENATOR KEVIN LUNDBERG
SENATOR STEVE KING
SENATOR VICKI MARBLE

SENATOR JEANNE NICHOLSON
SENATOR ELLE ROBERTS
SENATOR GAIL SCHWARTZ ,
SENATOR JESSI ULIBARRI

The prescribed fire bills are in both the senate and the house.
SENATE
SB13-082 creates an Interim Wildfire Committee to monitor the state and wildfire issues and activities
SB13-083 creates the CO Prescribed Burning Act

HOUSE
HB13-1012 extends Wildfire Mitigation Financial Incentives which provides for matching funds from the state for forest mitigation conducted by private landowners conduct
HB13-1031 All Hazards Mobilization Plan ensures efficient mobilization of emergency resources and ensures for proper equipment and qualified personnel when emergency incidents exceed the local government's resources.

These representatives all need to hear from our mountain community now before they have final votes on these important bills. Colorado needs to change its ways and we are Colorado.

Remember the federal and state governments are exempt from this. No liability ever for burning other property or taking lives.

I see nothing in the amended bill that exempts state government, or limits their liability for burning other property or taking lives. Could you please point out where this is stated?

The Air Pollution & Control Division (APCD) will remain the only State permitting entity for prescribed fire and no changes or improvements have been made to that permitting process.

The federal government or a private landowner burning on their own property are the only ones exempt from the requirements of SB083, which include the prescribed burn plan etc.

Proposed Senate Bill 2013-083 allows any private party, or their designee, to become a Certified Prescribed Fire Burner (pass class, fee of $250), and then NEVER BE HELD LIABLE for any civil damages resulting from the fire or smoke ( as long as they are not proven grossly negligent or willful and wanton ).

No dollar amount for the certification fee is established. "The director of the
18 division shall establish a fee to cover the actual direct and indirect costs
19 of processing applications and issuing and renewing certifications
20 pursuant to this section."

Further note that a private landowner burning on their own property who does not become a Certified Prescribed Fire Burner is not protected from civil liability.

The State and Federal government, as well as Denver Water Board and the CSFS will FOREVER be exempt from liability.

I see nothing in SB083 which establishes this.

State-prescribed forest fires in Colorado would have a new set of safeguards under a bill that has gotten unanimous initial approval in the state Senate. - See more at: http://denver.cbslocal.com/2013/02/26/w ... 0owMJ.dpuf