Civil liability: prescribed burning activities: gross negligence.

Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses. This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.