Prescribed Fire

[PBA]

Northern California:
I had a question about fire liability and it seems that California Code, Health and Safety Code - HSC § 13007, 13008, and 13009 (shown below) disagree with each other. Essentially, can I be held liable if I am underburning my property and it escapes even though I have taken due diligence to prevent/suppress its escape?

13007: Any person who personally or through another wilfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows a fire kindled or attended by him to escape to, the property of another, whether privately or publicly owned, is liable to the owner of such property for any damages to the property caused by the fire.

13008: Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control such fire, is liable to the owner of such property for the damages to the property caused by the fire.

13009: (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be a charge against that person.  The charge shall constitute a debt of that person, and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

 

[justalayman]

It means if you set a fire and you don’t have the means to control it, your actions are negligent. If you are negligent you can be held liable for the damages your negligence caused.

So, you don’t allow a fire to become any larger than you can control with what you have available. If it gets “away from you” that means the fire was larger than you had the ability to control.

Exercising due diligence would mean you are prepared for all reasonable possibilities.

I see no conflicts in what you’ve posted.

 

[ALawyer]

Not sure I understand what you are asking.

13007 seems to cover the situation in which a person sets a fire either intentionally (i.e. willfully) or negligently (without exercise reasonable care under the circumstances) or in violation of an applicable law or authorizes someone else to do so that damages another person's property (or public property) is liable.

13008 says that if there is a fire burning on your land that you allow -- "without exercising due diligence to control such fire" -- to damage another person's property you are liable.

13009 seems somewhat repetitive but in (2) also covers the situation in which someone in possession of the property [other than the bank or other lender who lent money on the property and holds a mortgage on it] would be liable if he or she or it fails to correct a fire hazard pointed out in a notice from an appropriate authority, while (3) also can drag in the bank or other lender to pay fire suppression and reduce costs if there is a fire.

 

[PBA]

I see where I mis-read now, thank you both =)

 

[FarmerJ]

When I have burned to get rid of weedy and scrubby growth , I take my tractor and put a implement on that allows me to rip up soil / turn it over and make a wide aisle that is all dirt and roots which will be too wet to catch fire and spread to the adjacent two properties to my south, SO in your area do you have any plans like that to create a area that wont burn / or is not likely to burn ? Also do you have a large quantity of water available to you say like a on site old dug well that still re charges ? do you have access to a large tanker truck or would your local fire dept allow you to hire them with a tanker full of water to stand by ?