CHAPTER 2.5. Department of Forestry and Fire Protection [700. - 783.]
Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146.
§§ 700–783 · 70 sections
ARTICLE 1. Organization and General Powers §§ 700–717 · 20 sections
- § 700 As used in this chapter: (a) “Board” means the State Board of Forestry and Fire Protection. (b) “Department” means the Department of Forestry and Fire…
- § 701 (a) There is in the Resources Agency the Department of Forestry and Fire Protection, which is under the control of an executive officer known as the Director…
- § 701.5 Notwithstanding Section 701, Section 12805 of the Government Code, or any other provision of law, on and after January 1, 1987, the Department of Forestry…
- § 701.6 (a) Notwithstanding any other provision of law, on and after January 1, 2007, the Department of Forestry and Fire Protection may be referred to, where…
- § 702 (a) Pursuant to Section 13100 of the Health and Safety Code, there is within the department the Office of the State Fire Marshal. (b) There shall be a Chief…
- § 703 The director shall appoint a cultural burning liaison who shall do all of the following: (a) Advise the department on developing increased cultural burning…
- § 705 The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the…
- § 706 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other…
- § 707 Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or…
- § 707.1 (a) Any moneys recovered by the department in a civil action to recover state costs related to fire suppression, rescue, or emergency medical services pursuant…
- § 708 For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department, with the approval of the Department of…
- § 709 The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 6 of Title 2 of the Government Code apply to the director. The director may…
- § 710 The director shall have no power to amend or repeal any order, regulation, ruling, or directive of the board.
- § 711 The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is…
- § 712 Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section…
- § 713 The department is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources,…
- § 714 The department is responsible for all of the following: (a) Providing fire protection, fire prevention, pest control, and forest and range protection and…
- § 715 The Department of Forestry and Fire Protection, in cooperation with the Office of Emergency Services, shall develop a program to certify active duty military…
- § 716 (a) Upon approval by the Department of Finance, the department may exercise the same authority granted to the Division of the State Architect and the Real…
- § 717 (a) The Secretary of the Natural Resources Agency shall establish a working group on expanding wood product markets that can utilize woody biomass, especially…
ARTICLE 2. State Board of Forestry and Fire Protection §§ 730–745 · 14 sections
- § 730 (a) There is in the department a State Board of Forestry and Fire Protection consisting of nine members appointed by the Governor, subject to confirmation by…
- § 731 All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional…
- § 731.1 The Legislature declares that some individuals appointed as members of the State Board of Forestry and Fire Protection are required to be chosen from…
- § 732 Each member of the board shall hold office for four years from the expiration of the term of his or her predecessor. Vacancies shall be immediately filled by…
- § 735 Each member of the board shall receive compensation for each day during which the member engaged in the performance of official duties, except that the total…
- § 736 The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of…
- § 737 (a) A member of the board shall not participate in a board action pursuant to Article 8 (commencing with Section 4601) or Article 9 (commencing with Section…
- § 738 The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the…
- § 739 The board may appoint an executive officer who shall be exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California…
- § 740 The board shall represent the state’s interest in the acquisition and management of state forests as provided by law and in federal land matters pertaining to…
- § 741 (a) The board shall appoint a Range Management Advisory Committee and shall consult with the advisory committee on rangeland resource issues under…
- § 741.5 (a) On or before July 1, 2025, the Range Management Advisory Committee, established pursuant to Section 741, in consultation with the Department of Fish and…
- § 743 State agencies shall submit to the board plans for, and the results of, all investigations that relate to, or have an effect upon, forest resource utilization…
- § 745 The board shall implement a public information program on matters involving forest management and shall maintain an information file on forest management…
ARTICLE 3. Professional Foresters §§ 750–783 · 36 sections
- § 750 This article may be known and cited as the Professional Foresters Law.
- § 751 The purpose of this article is to declare the existence of a public interest in the management and treatment of the forest resources and timberlands of this…
- § 752 (a) “Professional forester,” as used in this article, means a person who, by reason of their knowledge of the natural sciences, mathematics, and the principles…
- § 753 “Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and…
- § 754 “Forested landscapes” means those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree…
- § 755 “Person” as used in this article means any natural person.
- § 756 Nothing in this article prohibits any person from engaging in those activities otherwise restricted to professional foresters, certified specialists, or…
- § 757 This article does not apply to a landowner who is a natural person and who personally performs services of a professional forester, when those services are…
- § 758 This article shall not be construed to authorize a registered professional forester to practice civil engineering as defined in Chapter 7 (commencing with…
- § 759 The board may by regulation adopt such rules and regulations pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the…
- § 760 The board shall consider matters pertaining to the registration of professional foresters at least once every six months at regular meetings and may, as…
- § 760.5 The board may hire the clerical and secretarial employees, technical personnel, and other staff who are necessary and budgeted to properly assist the work of…
- § 761 The board shall keep a complete record of all applications for registration and certification and the board’s action thereon.
- § 762 The board may by regulation provide for the issuance of certificates of specialization in such fields of specialization as the board may by regulation…
- § 763 (a) The board shall establish an examining committee of at least seven members composed of the following, who shall be appointed by the board and serve at its…
- § 764 A person appointed to serve upon the examining committee shall receive, if requested, one hundred dollars ($100) for each day during which that person is…
- § 765 The examining committee shall adhere to the rules and regulations of the board. An applicant for a license pursuant to this article who contends that they have…
- § 766 On and after July 1, 1973, it shall be unlawful for any person to act in the capacity of, or to use the title of, a professional forester without being…
- § 767 An applicant for a license pursuant to this article shall apply to the board. Such application shall be accompanied by the payment of a fee in an amount fixed…
- § 768 The board shall require an applicant to demonstrate such degree of experience and such general knowledge of the profession of forestry as the board deems…
- § 769 An applicant shall meet all of the following qualifications: (a) Be of good moral character and have a good reputation for honesty and integrity. (b) Furnish…
- § 770 (a) Examinations shall be given by the board as often as it is deemed necessary, but at least every six months. (b) The examination may consist of both written…
- § 771 An applicant failing in an examination may be examined again upon filing a new application and paying the application fee.
- § 772 Instead of being registered as a professional forester, an applicant may request to be registered as a certified specialist in one or more fields of forestry.…
- § 773 Licenses and specialty certificates issued pursuant to this article shall be valid for two years and shall expire on July 1 of each alternating year.
- § 774 (a) Issuance of a license may be denied if sufficient evidence is received by the board of the commission or doing by the applicant of an act that, if…
- § 775 The board may upon its own motion, and shall upon the verified complaint in writing of any person, cause investigation to be made of the actions of any person…
- § 776 Any accusation against a registrant or a certificant shall be filed within five years after the act or omission alleged as the ground for disciplinary action.…
- § 777 (a) If the board finds against the registrant, the board, in its decision, may terminate all operations of the registrant during the period fixed by the…
- § 778 A registrant or certificant is subject to disciplinary action who: (a) Has been convicted of a felony substantially related to the qualifications, functions,…
- § 778.5 The board shall develop criteria to determine whether a felony is substantially related to the qualifications, functions, or duties of a registered…
- § 779 Any person who violates any of the provisions of this article is guilty of a misdemeanor.
- § 780 The fees received pursuant to this article shall be deposited in the Professional Forester Registration Fund in the State Treasury, which fund is hereby…
- § 781 All fees received pursuant to this article shall be available, when appropriated by the Legislature, for the administration of this article; provided, that in…
- § 782 The board shall establish by regulation the amount of fees within the following ranges, and based on a determination by the board of the amount of revenues…
- § 783 In case a person defaults in payment of the renewal fee, the person’s registration may be revoked by the board on 60 days’ notice in writing from the board,…