Purpose: This rule regulates logging, land clearing, or other industrial operations that may start a forest fire. This proposal reduces these restrictions to allow certain types of equipment to operate. The amendment will allow the operation of an approved motorized carriage, which is new technology that will operate under high fire conditions without causing a fire.

     Citation of Existing Rules Affected by this Order: Amending WAC 332-24-301.

     Statutory Authority for Adoption: RCW 76.04.015.

      Adopted under notice filed as WSR 04-08-094 on April 6, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 8, 2004.

Pat McElroy

Executive Director

of Regulatory Programs

OTS-7016.2

AMENDATORY SECTION(Amending WSR 96-21-094, filed 10/18/96, effective 11/18/96)

WAC 332-24-301   Industrial restrictions.   (1) When in the opinion of the regional manager, for the department's administrative region, weather conditions arise which present a hazard to lands protected by the department, whereby life and property may be endangered, the regional manager, through the authority granted the department in RCW 76.04.015 and 76.04.325, may designate industrial precaution levels thereby regulating logging, land clearing or other industrial operations which may cause a fire to start on or adjacent to forest lands. The restrictions shall be for periods designated and shall only affect those portions of the state under the administrative jurisdiction of the area manager.

     (2) In making a decision as to when restrictions or shutdowns should occur, the area manager shall utilize available information as to current and projected fire danger, current and projected weather, current fire activity and available resources for fire suppression.

     (3) All persons performing logging, land clearing or other operations which may cause a fire to start on or adjacent to forest lands shall comply with the restrictions described in the designated industrial precaution level.

     (a) The industrial fire precaution levels shall be:

     (i) Level 1. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.

     (ii) Level 2. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m. local time:

     • Power saws except at loading sites;

     • Cable yarding;

     • Blasting;

     • Welding or cutting of metal.

     (iii) Level 3. Partial shutdown - The following are prohibited except as indicated:

     • Cable yarding - except that gravity operated logging systems employing nonmotorized carriages or approved motorized carriages may operate between 8 p.m. and 1 p.m. when all block and moving lines, except for the line between the carriage and the chokers, are suspended ten feet above the ground;

     • Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m. local time.

In addition, the following are permitted to operate between the hours of 8 p.m. and 1 p.m. local time:

     • Tractor, skidder, feller-buncher, forwarder, or shovel logging operations where tractors, skidders, or other equipment with a blade capable of constructing fireline, are immediately available to quickly reach and effectively attack a fire start;

     • Mechanized loading and hauling of any product or material;

     • Blasting;

     • Welding or cutting of metal.

     (iv) Level 4. General shutdown - All operations are prohibited.

     (b) The following definitions shall apply to these industrial fire precaution levels:

     (i) "Loading sites" means a place where any product or material, including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc., is placed in or upon a truck or other vehicle.

     (ii) "Cable yarding systems" means a yarding system employing cables and winches in a fixed position.

     (iii) "Approved motorized carriages" means a cable yarding system employing a motorized carriage with two fire extinguishers, each with at least a 5 BC rating, mounted securely on opposite sides of the carriage, an emergency motor cutoff, and an approved exhaust system.

     (iv) "Low hazard area" means any area where the department has determined the combination of elements reduces the probability of fire starting and/or spreading.

     (((iv))) (v) "Closed season" is that season of the year when a fire hazard exists as declared by the department or other responsible agency.

     (c) A written waiver may be issued by the department for fire-safe activities in low-hazard areas.

     (d) Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than the industrial precaution level system.

[Statutory Authority: RCW 76.04.015 (4)(6). 96-21-094, § 332-24-301, filed 10/18/96, effective 11/18/96. Statutory Authority: RCW 76.04.015. 91-20-060 (Order 583), § 332-24-301, filed 9/24/91, effective 10/16/91; 87-11-005 (Order 504), § 332-24-301, filed 5/8/87.]

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