(1) The department uses the brief adjudicative proceedings procedures as outlined in RCW 34.05.482 through 34.05.494.

(2) An application for brief adjudicative proceeding must be filed with the department's forest resilience division manager who will serve as the presiding officer as per RCW 34.05.485 (1)(d). The address for submission is: DNR Forest Resilience Division Manager, MS 47013, Olympia, WA 98504-7013. Return receipt from USPS is recommended for tracking purposes. (In the alternative the presiding officer may be the division manager where the certified burn manager program resides.)

(3) Before taking action on a request for a brief adjudicative proceeding, the presiding officer shall give each party an opportunity to be informed of the department's view of the matter and to explain the party's view of the matter.

(4) At the time any unfavorable action is taken, the presiding officer shall serve upon each party a brief statement of the reasons for the decision. Within 10 days, the presiding officer shall give the parties a brief written statement of the reasons for the decision and information about any internal administrative review available.

(5) Requests for administrative review of a decision resulting from a brief adjudicative proceeding must be filed with the department within 21 days after services of the department's decision. The reviewing officer will be designated by the department and will have authority to grant appropriate relief upon review. The reviewing officer shall follow the procedures provided in RCW 34.05.491. A request for administrative review is deemed to have been denied if the agency does not make a disposition of the matter within 20 days after the request is submitted.

(a) Once admitted or not contested, an allegation may not be denied, and an allegation denied or not contested may later be admitted.

(b) When an allegation is admitted or not contested, it will be conclusively deemed to be true for all further proceedings. No proof of the allegation needs to be submitted.

(c) The application for brief adjudicative proceeding shall specify the representative, if any, and any request for a interpreter. The responding party shall amend the name of the representative and need for a interpreter immediately if circumstances change prior to the hearing.

(6) The department will keep a record of proceedings as required by RCW 34.05.494.

Items defined herein have reference to chapter 76.04 RCW and all other provisions of law relating to forest protection and have the meanings indicated unless the context clearly requires otherwise.

(1) "Abatement" means the elimination of additional fire hazard by burning, physical removal, or other means.

(2) "Additional fire hazard" means additional fire hazard as defined in RCW 76.04.005.

(3) "Adze eye hoe" means a serviceable forest firefighting hoe with a blade width of at least five and three-quarters inches and a rectangular eye. The blade shall be sharpened, solid, and smooth. The handle shall be hung solid with no more than three-quarters of an inch nor less than one-eighth of an inch extending beyond the head, smooth, aligned, and at least ((thirty-two))32 inches long.

(4) "Approved exhaust system" means a well-mounted exhaust system free from leaks and equipped with spark arrester(s) rated and accepted under United States Department of Agriculture Forest Service current standards.

(a) Turbochargers qualify as an approved exhaust system when all gases pass through the turbine wheel. The turbine must be turning at all times, and there must be no exhaust bypasses. A straight mechanical-driven supercharger does not qualify as an approved exhaust system in lieu of an approved spark arrester.

(b) Passenger vehicles and trucks may be equipped with an adequately baffled muffler in lieu of a spark arrester.

(c) General purpose spark arresters for use on equipment, vehicles, and motorcycles operating on forest land must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice SAE J350, "Requirements of Single Position Application General Purpose Arresters." The spark arrester shall be permanently marked with the model number and the manufacturer's identification or trademark. When the inlet and outlet of an arrester are not easily identified, they must be marked. Arresters on mobile equipment shall not be mounted more than ((forty-five))45 degrees from the qualified position.

(d) Portable power saws purchased after June 30, 1977, and used on forest land, must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice SAE J335b, "Multi-Positioned Small Engine Exhaust Fire Ignition Suppression." Requirements to obtain the SAE J335b specifications are as follows:

(i) The spark arrester shall be designed to retain or destroy ((ninety))90 percent of the carbon particles having a major diameter greater than 0.023 inches (0.584mm).

(ii) The exhaust system shall be designed so that the exposed surface temperature shall not exceed ((five hundred fifty))550 degrees Fahrenheit (288 degrees Centigrade) where it may come in direct contact with forest fuels.

(iii) The exhaust system shall be designed so that the exhaust gas temperature shall not exceed ((four hundred seventy-five))475 degrees Fahrenheit (246 degrees Centigrade) where the exhaust flow may strike forest fuels.

(iv) The exhaust system shall be designed in such a manner that there are no pockets or corners where flammable material might accumulate. Pockets are permissible only if it can be substantiated by suitable test that material can be prevented from accumulating in the pockets.

(v) The exhaust system must be constructed of durable material and so designed that it will, with normal use and maintenance, provide a reasonable service life. Parts designed for easy replacement as a part of routine maintenance shall have a service life of not less than ((fifty))50 hours. Cleaning of parts shall not be required more frequently than once for each eight hours of operation. The spark arrester shall be so designed that it may be readily inspected and cleaned.

(vi) Portable power saws will be deemed to be in compliance with SAE J335b requirements if they are certified by the United States Department of Agriculture, Forest Service, and the San Dimas Equipment Development Center.

(e) Portable power saws which were purchased prior to June 30, 1977, and which do not meet the Society of Automotive Engineers Standards, must meet the following requirements:

(i) The escape outlet of the spark arrester shall be at an angle of at least ((forty-five))45 degrees from a line parallel to the bar;

(ii) The configuration of spark arrester shall be such that it will not collect sawdust no matter in what position the saw is operated;

(iii) Spark arrester shall be designed and made of material that will not allow shell or exhaust temperature to exceed ((eight hundred fifty))850 degrees Fahrenheit;

(iv) The arrester shall have a screen with a maximum opening size of 0.023 inches (0.584mm((.)));

(v) The arrester shall be capable of operating, under normal conditions, a minimum of eight hours before cleaning is needed;

(vi) The screen shall carry a manufacturer's warranty of a minimum of ((fifty))50-hour life when installed and maintained in accordance with the manufacturer's recommendation;

(vii) The arrester shall be of good manufacture and made so that the arrester housing and screen are close fitting;

(viii) The arrester shall be at least ((ninety))90 percent efficient in the destruction, retention or attrition of carbon particles over 0.023 inches (0.584mm((.)));

(ix) Efficiency is to be measured as described in Power Saw Manufacturer's Association Standard, Number S365;

(x) Construction of the arrester shall permit easy removal and replacement of the screen for field inspection and cleaning.

(f) Multipositioned engine powered tools, other than power saws, used on forest land must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice J335b, "Multi-Positioned Small Engine Exhaust Fire Ignition Suppression."

(g) Locomotive spark arresters for use on logging, private or common carrier railroads operating on or through forest land must meet the performance levels set forth in the Association of American Railroads (AAR) Recommended Practice, "Standard for Spark Arresters for Non-Turbo Charged Diesel Engines Used in Railroad Locomotives."

(5) "Axe" means a serviceable, double-bitted, swamping axe or single-bitted axe of at least a three-pound head and ((thirty-two))32 inch handle. The blades shall be sharpened, solid and smooth. The handle shall be hung solid, smooth and straight.

(6) "Burner applicant" means a person who has a pending application to become a certified burner but not yet been accepted or completed the exam requirements.

(10) "Certified electrical fence controller" means an electrical fence controller that meets the standards for fire safety developed by Underwriters Laboratories (UL) and indicates approval by bearing the UL label on the controller.

(((7)))(11) "Currently with the logging" and "current with the felling of live timber, or with the current logging operation" means during the logging operation or associated activities on any landing, setting or similar part of the operation.

(((8)))(12) "Debris disposal fire" means an outdoor fire for the elimination of a fire hazard and for the purpose of clean-up of natural vegetation and residue of a natural character such as leaves, clippings, prunings, trees, stumps, brush, shrubbery, and wood so long as it has not been treated by an application of prohibited material or substance in a pile no larger than that allowed in WAC 332-24-211.

(((9)))(13) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.

(((10)))(14) "Dump" includes, without limitation, dumping, depositing, or placing.

(((11)))(15) "Electrical fence controller" includes any controller, equipment, appliance, device, or apparatus used as an electrical fence controller, energizer, or pulsator which uses or conveys an electrical current.

(((12)))(16) "Evaluation burn" means a prescribed burn that is led in Washington state that is observed by an evaluator and evaluated for certification purposes.

(18) "Fire extinguisher" means, unless otherwise stated, a fully charged and operational chemical fire extinguisher rated by underwriters' laboratory or factory mutual, appropriately mounted in either a vertical or horizontal position, and located so as to be readily accessible to the operator. When two fire extinguishers are required, they are to be appropriately mounted and located so that one is readily accessible to the operator and the other is separate from the operator and readily accessible to other personnel. The fire extinguisher shall be equipped with a gauge to determine the level of charge present to propel the chemical from the extinguisher; however fire extinguishers required for use with portable power saws are not required to be equipped with a gauge to determine the level of charge.

(((13)))(19) "Fire hazard" means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest areas, life and property.

(((14)))(20) "Fire tool box" means a compartment of sound construction with a waterproof lid, provided with hinges and hasps and so arranged that the box can be properly sealed and the contents kept dry. The box shall be red in color and marked "fire tools" in white or black letters at least three inches high. The fire tool box shall contain a minimum of:

(a) Two axes or pulaskis;

(b) Three adze eye hoes;

(c) Three shovels.

(((15)))(21) "Firewatch" means at least one competent person to be at the site(s) for one hour following the operation of spark-emitting equipment on class 3L days or above, or as determined by the department based on the national fire danger rating system and other fire danger conditions. The firewatch shall be vigilant and so located or positioned to be able to detect within five minutes fires which may originate at the site(s) of the equipment operation. The firewatch shall report a fire to the responsible protection agency within ((fifteen))15 minutes of detection.

(((16)))(22) "Fixed-position machine" means any machine used for any portion or phase of harvesting, thinning, site preparation, land clearing, road, railroad and utility right of way clearing or maintenance, mineral or natural resources extraction, or other operation that performs its primary function from a fixed-position. This definition applies even though said machine is capable of moving under its own power to a different fixed position.

(((17)))(23) "Forest debris" means forest debris as defined in RCW 76.04.005.

(((18)))(24) "Forest land" means forest land as defined in RCW 76.04.005.

(((19)))(25) "Isolation" means the division or separation of an additional fire hazard into compartments by a constructed barrier of at least ((one hundred))100 feet in width at its narrowest point. The constructed barrier must be free and clear of forest debris as defined in RCW 76.04.005 and must be approved, in writing, by the department.

(((20)))(26) "Mill waste" means waste of all kinds from forest products((,)) including, but not limited to, sawdust, bark, chips, slabs, and cuttings from lumber or timber.

(((21)))(27) "NWCG standards" means the practices, procedures, and requirements established by the National Wildfire Coordinating Group to ensure consistent and coordinated national wildland fire operations across the various agencies involved in wildland fire management and response agencies. (For the purpose of WAC 332-24-800: Washington prescribed burn manager certification program).

(28) "Operation" means the use of equipment, tools, and supporting activities on or adjacent to forest land that may cause a forest fire to start. Such activities may include, but are not limited to, any phase of harvesting, thinning, site preparation, land clearing, road, railroad, and utility right of way clearing and maintenance, and mineral or natural resource extraction. The operating period shall be that time period when the activity is taking place and includes that time when a firewatch would be required to be in attendance.

(((22)))(29) "Outdoor fire" means the combustion of material in the open, or in a container, with no provisions for the control of such combustion or the control of the emissions from the combustion products.

(((23)))(30) "Person" shall mean any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature.

(((24)))(31) "Prohibited material or substance" includes rubber products, plastics, asphalt, garbage, dead animals, petroleum products, paints, or any similar materials that emit dense smoke or create offensive odors when burned, pursuant to RCW ((70.94.775(1)))70A.15.5010(1).

(((25)))(32) "Publish" means make available by posting on the department website.

(33) "Pulaski" means a serviceable axe and hoe combination tool with not less than a three and one-half pound head and ((thirty-two))32 inch handle. The blades shall be at least two and one-half inches wide, sharpened, solid and smooth. The handle shall be hung solid, smooth and straight.

(((26)))(34) "Pump truck or pump trailer" means:

(a) A serviceable truck or trailer which must be able to perform its functions efficiently and must be equipped with a water tank of not less than a ((three hundred))300 gallon capacity, filled with water. The complete pump truck or pump trailer shall be kept ready for instant use for suppressing forest fires. If a trailer is used, it shall be equipped with a hitch to facilitate prompt moving. A serviceable tow vehicle shall be immediately available for attachment to the trailer. The pump truck, or pump trailer with its tow vehicle, must be available throughout the operating and watchperson periods.

(b) The pump may be a portable pump or suitable power take-off pump. It shall be plumbed with a bypass or pressure relief valve. The pump shall develop, at pump level, pressure sufficient to discharge a minimum of ((twenty))20 gallons per minute, using a one-quarter inch nozzle tip through a ((fifty))50-foot length of one inch or one and one-half inch rubber-lined hose.

(c) The pump truck or pump trailer shall be equipped with the following:

(i) A minimum of ((five hundred))500 feet of one or one and one-half inch cotton or synthetic jacket hose;

(ii) A fully stocked fire tool box.

(d) The tank shall be plumbed so that water may be withdrawn by one person by gravity feed. This outlet shall be adapted to accept the hose used with the pump truck or pump trailer. The outlet shall be located for easy filling of pump cans.

(e) The pump truck or pump trailer must be equipped with fuel, appropriate tools, accessories and fittings to perform its functions for a continuous period of four hours. A recommended list of tools, fittings and accessories may be obtained from the department.

(((27)))(35) "Recreational fire" means an outdoor fire for the purpose of sport, pastime or refreshment, such as camp fires, bonfires, cooking fires, etc., in a hand-built pile no larger than four feet in diameter and not associated with any debris disposal activities related to fire hazard elimination or yard and garden refuse clean-up.

(((28)))(36) "Reduction" means the elimination of that amount of additional fire hazard necessary to produce a remaining average volume of forest debris no greater than nine tons per acre of material three inches in diameter and less.

(((29)))(37) "Review panel" or "peer review panel" means the internal department group that provides oversight of credential review, reciprocity requests, evaluation burns, and other items, as needed by the prescribed fire burn certification program. The review panel members will have one of the following criteria:

(38) "Shovel" means a serviceable, long-handled or "D"-handled, round-point shovel of at least "0" size with a sharpened, solid and smooth blade. The handle on the shovel shall be hung solid, smooth and straight.

(((30)))(39) "Snag" means a standing dead conifer tree over ((twenty-five))25 feet in height and ((sixteen))16 inches and over in diameter, measured at a point four and one-half feet above the average ground level at the base.

(((31)))(40) "Tractor or other mobile machine" means any machine that moves under its own power when performing any portion or phase of harvesting, thinning, site preparation, land clearing, road, railroad and utility right of way clearing or maintenance, mineral or natural resource extraction, or other operation. This definition includes any machine, whether crawler or wheel-type, whether such machine be engaged in yarding or loading, or in some other function during the operation.

(((32)))(41) "Uncertified electrical fence controller" includes all electrical fence controllers that do not meet the standards for fire safety developed by Underwriters Laboratories (UL) and does not have the UL label on the controller.

This procedure applies to the certified burn manager program managed by the department and to any person seeking to become a certified prescribed burn manager (certified burner) through the Washington prescribed burn manager program outlined in RCW 76.04.183. A person is not required to be a certified burn manager to engage in prescribed burning, but certification is encouraged. Certification provides benefits described in RCW 76.04.183 and 76.04.196.

(1) To apply to become a certified burner, a person must submit an application to the department using the form provided by the department.

(2) To become a certified burner, a candidate must complete one of the following methods for certification:

(a) Complete the certified burner manager training offered by the department and pass an evaluation burn observed by an evaluator approved by the department.

(i) Burner applicants will attend and successfully complete a class delivered by the department.

(ii) Class curriculum and requirements are established in RCW 76.04.183 and other topics may be supplemented by the department.

(iii) The department will publish an outline of the curriculum topics on its website.

(iv) Burner applicants must pass a written exam delivered by the department and achieve a passing score of 80 percent or higher, at the end of the class.

(v) Burner applicants who pass the exam become candidates.

(vi) Candidates must successfully complete an evaluation burn in Washington state supervised by an evaluator approved by the department within three years of passing the exam.

(vii) A standard evaluation form will be completed and signed by an evaluator to document the evaluation burn, and they will submit the approved evaluation burn form to the department.

(viii) Evaluation burns will be reviewed for compliance with the approved burn plan, smoke regulations, burn permit (if required), burn restrictions, burn boss documentation, and evaluation form items.

(b) Submit qualifications for recognition by the department.

(i) To receive certification based on this method, the burner applicant must be currently qualified as a National Wildfire Coordinating Group Prescribed Fire Burn Boss 1 or 2 (RxB1,2) or have held a valid RxB1 or RxB2 qualification within five years of submitting the application to the department.

(ii) The burner applicant will submit copies of valid qualification records to the department with their application.

(iii) The department will verify qualifications and may request additional information, if needed.

(iv) Once the department approves qualifications, the burner applicant must pass a written exam delivered by the department and achieve a passing score of 80 percent or higher to become a candidate.

(v) Exams are scheduled by the department. The department will provide the burner applicant with information to supplement their experience to match Washington state requirements, prior to testing, including:

(A) Laws and regulations for burning in Washington;

(B) Smoke management (including the Burn Portal User Guide);

(C) Burn permits;

(D) Certification process;

(E) Burn plan templates.

(c) Submit certified burner certification from another state for reciprocity by the department.

(i) To receive certification based on this method, the burner applicant must be currently qualified as a certified burner, in another state.

(ii) The burner applicant will submit copies of certification to the department with their application. The department may request additional information if needed.

(iii) The burner applicant must be in good standing with their previous state.

(iv) The department will review the other state's requirements for certification and approve reciprocation for states where certification requirements are at least equivalent to those required by the department.

(v) The department will maintain a list of approved states.

(vi) Once the department approves reciprocity, the burner applicant must pass a written exam delivered by the department and achieve a passing score of 80 percent or higher to become a candidate.

(vii) Exams are scheduled by the department. The department will provide the burner applicant information to supplement their experience to match Washington state requirements, prior to testing, including:

(A) Laws and regulations for burning in Washington;

(B) Smoke management (including the Burn Portal User Guide);

(C) Burn permits;

(D) Certification process;

(E) Burn plan templates.

(viii) Candidates must successfully complete an evaluation burn in Washington state supervised by an evaluator approved by the department within three years of passing the exam.

(ix) A standard evaluation form will be completed and signed by an evaluator to document the evaluation burn, and they will submit the approved evaluation burn form to the certified burner program manager.

(x) Evaluation burns will be reviewed for compliance with the approved burn plan, smoke regulations, burn permit (if required), burn restrictions, burn boss documentation, and evaluation form items.

(3) The department will evaluate a candidate's application, qualifications, reciprocity eligibility, evaluation burn form, and burn boss documentation using a peer review panel to ensure a consistent review process.

(4) Certification requirements, expiration, and renewal.

(a) Certified burners must operate under a burn plan for all burns they lead.

(b) Certifications are valid for three years. The expiration date is shown on the department-approved certificate.

(c) To be eligible for renewal, a certified burner must satisfy the following requirements during each three-year certification period:

(i) Prescribed burn participation.

(A) Participate in two prescribed burns (wildfire suppression experience does not count) in any state.

(B) Lead one prescribed burn in Washington state.

(ii) Continuing education. Attend four hours of continuing education approved by the department.

(iii) Reporting. Certified burners will track their required experience and education in the experience log form prescribed by the department.

(iv) Violations. Certified burners must incur less than a total of 15 points for violations assessed by the department (see subsection (5)(h) of this section).

(d) If there is a lapse in certification, in addition to meeting all the other requirements for renewal, a person must pass an additional evaluation burn.

(5) Violations and decertification.

(a) Violations of requirements for burning may lead to decertification. Violation points are accumulated in a three-year period. The department will assign point values to each violation as provided in this section. The department will track accumulation of violation points by burners for each and issue a notice of decertification when the burner has accumulated 15 points as described in this section. Points do not carry over from one three-year period to the next. These records will be reviewed for compliance as part of the renewal process above.

(b) The decertification process will occur when 15 points have been accumulated in a three-year period. The department will send a written notice to the certified burner notifying them of decertification.

(c) The certified burner will be decertified unless within 21 days of the date of receipt of the notice of decertification the certified burner requests either an informal review of the decertification notice or an adjudicative proceeding.

(i) An informal review of a notice of decertification may be requested by filing a request with the Forest Resilience Division Manager at the following address: DNR Forest Resilience Division Manager, Attn: Request for Administrative Review, MS 47013, Olympia, WA 98504-7013.

The department shall hold an informal review conference and notify the certified burner of the outcome of the conference within 14 days following the filing of a request for informal review. The outcome of the informal review shall be final unless the certified burner requests an adjudicative proceeding.

(ii) If the respondent wishes to file an application for an adjudicative proceeding, it must be filed as provided in WAC 332-08-502 within 21 days of the date of receipt of the notice of decertification or the notice of the outcome of the informal review, if one was requested.

If there is no action by the certified burner or they waive the opportunity to request administrative review or an adjudicative proceeding, they will be decertified.

(d) A certified burner may request administrative review of a decision resulting from an adjudicative proceeding by filing a request for review of the decision with the department within 21 days of service of decision. Following receipt of a timely request, the department shall initiate administrative review of the decision as provided in RCW 34.05.491.

(e) A decertified person must complete the certification process again.

(f) A person who has been decertified more than once is not eligible for recertification in Washington.

(g) Violations and point values are as follows:

(i) Certified burner conducts a burn without obtaining a burn permit when one is required, 15 points.

(ii) Certified burner who leads a burn without a burn plan at the site of burn, while burn is being conducted, 15 points.

(iii) Certified burner obtains or attempts to obtain a permit/smoke authorization knowingly using false information (for example, lat./long. section, township, and range from the public land survey, equipment on site, personnel), 15 points.

(iv) Failure to attempt to shut down a burn after notification from the department or other authorized agency, five points.

(v) Any burn initiated outside of prescription parameters based upon morning forecast (for example, wind speed, relative humidity, temperature, etc.), five points.

(vi) Failure to comply with local, regional, and state smoke management guidelines, five points.

(vii) Failure to pay suppression charges for an escaped burn within 15 days of receipt of second notice from the department, three points.

(viii) The department or other emergency response agency is required to take suppression actions on the burn, three points.

(ix) Deviation from official burn permit and/or smoke management guidelines without prior approval, three points.