PROTECTION FROM FIRE
PROVISION
Section 2510. Precautions Against Fire. PURCHASER acknowledges that its Operations
under this Contract may cause extraordinary fire risk in the Areas of Operations. PURCHASER
covenants and agrees that it will use the highest degree of care to prevent forest fires from
starting on or from spreading to or from the Areas of Operations. PURCHASER shall require its
employees and Contractors and the employees of such Contractors to employ a similar degree of
care. STATE may, at any time during the term of the Contract, require PURCHASER to prepare
and submit to STATE for approval a Fire Plan for the Areas of Operations. The plan shall set forth
the resources and required actions to be taken by PURCHASER and Contractors of
PURCHASER for the prevention and suppression of fire in the Areas of Operations. The plan
must meet with the approval of STATE and STATE reserves the right to require revisions to the
plan as STATE, in its sole discretion, may determine to be necessary.
Rev. 10/04
INTENT/EXPLANATION
This section requires the Purchaser to take precautions to prevent forest fires and it provides authority for
State to require the Purchaser to prepare a fire plan. This provision explicitly allows the State, as
landowner, to impose requirements on the Purchaser and subcontractors above and beyond the fire
prevention and equipment requirements in Oregon law.
POLICY REFERENCES
ORS 477.120 - Liability of Owner or Operator.
OAR 629-042-0100 – Liability of Owner or Operator; Further Defined
ORS 477.510 - Acts Prohibited During Fire Season.
ORS 477.615 - Additional Water Supply and Equipment
OAR 629-043-0010 Additional Water Supply and Equipment
ORS 477.625 - Permit to Use Fire or Power-driven Machinery
OAR 629-043-0026 Operation Area Fire Prevention
OAR 629-043-0070 Operation Closedown
ORS 477.640 - Use and Refueling of Power Saws.
OAR 629-043-0036 Power Saws
ORS 477.645 - Internal Combustion Engines.
OAR 629-043-0015 Spark Arresters.
ORS 477.650 - Stationary Internal Combustion Engines
OAR 629-043-0020 Water Supply and Equipment for Stationary Engines
ORS 477.655 - Fire-fighting Tools and Equipment at Operation Area and on Trucks.
OAR 629-043-0025 Fire Tools and Fire Extinguishers
ORS 477.660 - Additional Protection Facilities or Services at Operation Area.
ORS 477.665 – Fire Watch Service.
OAR 629-043-0030 Watchman Service
ORS 477.710 - Starting of Campfire or Other Open Fire Restricted.
OAR 629-025-0040.7 Campfires
ORS 477.720 - Accidentally Setting Fire to Forestland; Failure to Prevent Spread.
http://landru.leg.state.or.us/ors/477.html - Link to ORS Chapter 477
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_042.html - Link to OAR Division 42 – Fire
Control
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_043.html - Link to OAR Division 43 – Fire
Prevention
Directive 1-1-1-102 Forest Operator – Landowner Liability Law Administration
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GUIDANCE FOR ADMINISTERING THE PROVISION
Contract Administrators who are Fire Warden A certified, are responsible for the enforcement of the fire
protection laws and the issuance of citations for violations in accordance with the instructions contained in
ORS 477.980-477.993 (PENALTIES) and OAR 629-047-0010 to 629-047-0290 (ENFORCEMENT
POLICY). When making timber sale inspections, the administrator should check compliance with the fire
protection laws as well as the compliance with the timber sale provisions. If the Contract Administrator is
not a Fire Warden A, and they find a violation of ORS Chapter 477, they must seek the assistance of a
qualified Warden to issue a Uniform Citation.
Contract Administrators should coordinate closely with Protection Unit personnel in their district to assure
consistent enforcement occurs between operations on state forest lands and those on other landowners.
APPROVAL AUTHORITIES
A Contract Administrator who is level A qualified, has the authority to enforce the fire laws in accordance
with Department guidelines. Coordination with Stewardship Foresters and other Protection Program
personnel in the district is recommended to ensure consistent enforcement across landowners.
WHO TO CALL
Questions regarding Protection Program enforcement policy should be directed to the District Protection
Unit Forester or the Program Staff Prevention Manager.
TRAINING METHODS
Basic and Advanced Forest Law are required to be a level A fire warden. Contract Administrators should
also receive on the job training on fire law enforcement procedures with the Unit Forester, experienced
Contract Administrator, or Protection Unit staff.
PROVISION
Section 2520. Efforts on Fire. If a fire occurs in any part of the Areas of Operations,
notwithstanding the origin, PURCHASER shall require its employees and Contractors and the
employees of such Contractors to immediately proceed to extinguish the fire. PURCHASER
acknowledges and agrees that the provisions of this section may impose obligations on
PURCHASER that are separate from or in addition to any duty or responsibility required by law.
However, in no event shall the requirements of this section be construed as relieving
PURCHASER of the duty and responsibility under Oregon law to fight, control, and suppress fire
on forestland.
Rev. 10/04
INTENT/EXPLANATION
This section defines the Purchaser's responsibilities and liabilities relative to fires which occur on the
operation area. The provisions of this section impose obligations on the Purchaser and any subcontractors
that are in addition to those required by law, in particular as it relates to relieving the State as landowner,
from liability for the cost of suppression.
POLICY REFERENCES
ORS 477.064 - Uncontrolled Fire Declared Nuisance.
ORS 477.066 - Duty of Owner and Operator to Abate Fire; Abatement by Authorities.
ORS 477.067 - Notice of Fire.
ORS 477.068 - Liability for Cost Abatement.
ORS 477.069 - Negligence in Origin and in Failure to Control Fire May Be United in One Complaint.
ORS 477.085 - Liability for Cost of Protecting Land in Forest Protection District.
ORS 477.090 - Civil Liability; Damages.
ORS 477.120 - Liability of Owner or Operator.
ORS 477.720 - Accidentally Setting Fire to Forestland; Failure to Prevent Spread.
ORS 477.740 - Unlawful Use of Fire.
http://landru.leg.state.or.us/ors/477.html - Link to ORS Chapter 477
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_042.html - Link to OAR Division 42 – Fire
Control
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_043.html - Link to OAR Division 43 – Fire
Prevention
Directive 1-1-3-201- Standard for Billing For District Regular Forces Used on Operator/Owner
Responsibility Fires.
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Directive 1-1-1-102 Forest Operator-Landowner Liability Law Administration.
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Directive 1-2-3-101 - Fire Report Instructions.
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GUIDANCE FOR ADMINISTERING THE PROVISION
Take Action! Close this book and call your District Dispatch to report the fire. Inform the Subcontractor to
take action to the extent possible with the resources they have on site. Additional resources may be needed
and should be assessed by a qualified Type 4 or Type 3 Incident Commander. Contract Administrators
should be familiar with their District’s or Protection Unit’s fire reporting and dispatching procedures.
Contract Administrators should be aware of the State's and Purchaser's responsibility to prevent and
extinguish wildfires. ORS 477.066 states that it is the joint responsibility of the owner (State) and the
operator (Purchaser) to make every reasonable effort to control and extinguish any fires that occur on the
land (operation area) regardless of the origin of the fire or subsequent spread thereof. Contract
Administrators should be familiar with Protection Program guidance relative to administering the “every
reasonable effort” requirement, and also be aware of the additional liability that this provision may place on
a timber sale Purchaser, beyond what is required by ORS 477. If the fire was caused by a willful, malicious
or negligent act of the Purchaser or was caused by Purchaser’s operation or when the Purchaser was
operating, Purchaser must make every reasonable effort to fight, control and extinguish the fire. The
provision makes clear that this is regardless of the origin of the fire, whether within, or from outside of the
operation area.
State is responsible for fires which may occur on the operation area during times when the Purchaser is not
actively operating. State or other parties are ultimately responsible for fires which originate outside the
operations area and spread to the operations area, but the provision requires action on the part of the
Purchaser and subcontractor if they are operating when this occurs.
ORS 477.068 states that the owner (State) or operator (Purchaser) shall be responsible for the actual costs of
controlling and extinguishing a fire if every reasonable effort was not made by the owner or operator. The
owner or operator shall also be responsible for fire fighting costs if they were willful, malicious or negligent
in the origin of the fire. If the fire was not caused by a willful, malicious or negligent act, the owner and/or
operator will not be held responsible for regular fire fighting costs incurred by the protection district or
association. It is important to understand that this provision shifts the State’s obligations under the statute to
the Purchaser, and makes the Purchaser the party responsible for making every reasonable effort.
“Efforts on Fire” section states that the Purchaser shall hold the State harmless from all costs and damages
that State may incur as a result of a fire caused by the Purchaser's operations. This could include regular
firefighting costs. This is the key language in the provision that shifts more liability and responsibility to the
Purchaser for fires that occur on a state timber sale.
There are civil actions that apply to recovery of fire damages. ORS 477.090 states that any fire that occurs
in violation of the provisions of ORS Chapter 477 makes the party responsible for the fire subject to civil
action for double the amount of damage if the fire occurred through willfulness, malice or negligence. In
addition, the party shall be held liable for payment of all costs of fighting the fire.
APPROVAL AUTHORITIES
Contract Administrators who are Fire Warden Level A certified have the authority to issue citations and Record
of Fire to an operator.
WHO TO CALL
Call your District Dispatch immediately when a fire occurs on an operation and let the Operator know to do the
same. Consult with your Unit Forester, Assistant District Forester, or District Forester, and with District
Protection Unit staff regarding fire liability issues and appropriate enforcement actions related to the Oregon
Fire Laws. Call Salem Protection Staff if you need help on legal issues or issues beyond the district span of
control.
TRAINING METHODS
Basic and Advanced Forest Law are required to be a level A fire warden. Classroom module focused on
interactions between the state timber sale contract and the fire prevention statutes and rules. On the job training
with Unit Forester, experienced Contract Administrator, and Protection Unit personnel.
PROVISION
Section 2530. Indemnification. In addition to the general indemnification contained in Section
1355, "General Indemnification," PURCHASER shall indemnify, defend and hold STATE harmless
from any and all loss, costs, damage, and expense that STATE may incur as a result of any fire
caused by the Operations of PURCHASER, employees and Contractors of PURCHASER, and
employees of such Contractors.
Rev. 10/04
INTENT/EXPLANATION
This provision makes the Purchaser liable for any claims resulting from any fire caused by the operations of
PURCHASER. This relieves the State of any liability as a landowner under ORS 477 for fires caused by timber
sale subcontractors, and places all liability with the Purchaser.
POLICY REFERENCES
Oregon Constitution, Article IV, Section 24 - Suit Against State.
ORS 30.140 - Effect of Indemnification Provision in Construction Agreement.
Directive 0-2-5-600 - Risk Management Claims Processing – This directive contains policy and guidance for
situations involving damage to ODF property and third party damage claims against the State.
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ORS 30.260-30.300 - Tort Actions Against Public Bodies.
ORS 656.029 & OAR 436-050-0041(1) - Workers' Compensation Requirements.
GUIDANCE FOR ADMINISTERING THE PROVISION
Typically, a Contract Administrator will not be directly involved in administering this provision. They do need
to understand its intent and effect on liabilities between State and Purchaser. Care should be taken to not
promise any compensation or payment either in writing or orally to the Subcontractor, Purchaser or any other
entity who claims that the State is liable. If such a claim is being made, consult with the Unit Forester and/or
District Forester and notify the Asset Management Unit in Salem. Also, refer to the guidance for Section 1355,
General Indemnification, for more detail on how to handle potential claims.
Whenever a fire occurs in an operation, a qualified fire investigator should be retained to do an independent
investigation of the cause.
APPROVAL AUTHORITIES
The agency Risk Management Coordinator is responsible for receiving claims and working with DAS Risk
Management to respond to claimants. The Asset Management Unit is responsible for coordinating with the Risk
Management Coordinator and DAS relative to timber sale contract related claims.
WHO TO CALL
Call the Contracts Team Leader in Salem to get additional assistance on how to proceed. Contact the Risk
Management Coordinator in Business Services if an actual claim is being made or anticipated.
TRAINING METHODS
Classroom module with assistance from AG and Asset Management Unit staff.
[THE FOLLOWING PROVISION WILL APPEAR IN THE CONTRACT IF DURING SALE
PREPARATION IT WAS DETERMINED THAT FIRE EQUIPMENT REQUIREMENTS ON THE
OPERATION SHOULD EXCEED THOSE REQUIRED BY THE FIRE PREVENTION STATUTES
AND RULES]
PROVISION
Section 2540. Fire Equipment. During Fire Season, PURCHASER shall provide an engine with
at least a *
-gallon capacity, *
feet of fire hose, one gated wye valve, and two
adjustable nozzles in constant readiness in the Timber Sale Area. The engine must be self-filling
and be able to travel fully loaded, under its own power, on all truck roads providing access to or
within the Timber Sale Area. Such equipment shall be credited toward the requirements of OAR
629-043-0020 for water supply, hose, and nozzle, subject to STATE approval. PURCHASER
shall comply with all other Fire Season requirements as established by the ODF District in which
the Timber Sale Area is located. [NOTE: Size of engine and feet of hose may be modified. 629043-0020 requires a minimum engine of 300 gallons with 500 feet of hose.]
Rev. 10/04
INTENT/EXPLANATION
This provision allows the State to require the Purchaser to provide fire equipment in excess of the minimum
specified equipment required by ORS Chapter 477 and/or OAR Chapter 629, Division 43 rules.
POLICY REFERENCES
ORS 477.615 - Additional water supply and equipment; rules.
ORS 477.650 - Stationary Internal combustion engines; rules; waiver.
ORS 477.655 - Fire-fighting tools and equipment at operation area and on trucks; rules.
ORS 477.660 - Additional protection facilities or services at operation area.
OAR 629-043-0010 - Additional water supply and equipment
OAR 629-043-0020 - Water Supply and Equipment for Stationary Engines.
OAR 629-043-0025 - Fire Tools and Fire Extinguishers.
http://landru.leg.state.or.us/ors/477.html - Link to ORS Chapter 477
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_043.html - Link to OAR Division 43 – Fire
Prevention
GUIDANCE FOR ADMINISTERING THE PROVISION
The equipment required by this provision is in place of the equipment required by ORS Chapter 477, not in
addition to the required equipment. In other words, the tender capacity, the hose, the wye, and the nozzle
required here are to be in excess of, and in place of, the minimum standards set forth in OAR 629-043-0020.
The requirement for tenders in this provision adds to the requirement of the above rules that it must be selffilling and able to travel under its own power on the access roads within sale area. The additional or
upgraded equipment which could be required under OAR 629-043-0010 also allows for a 30-day period in
which to comply. However, the contract provision pertaining to fire equipment overrides the 30 days in
which to comply.
The Contract Administrator needs to fully understand both the Division 43 requirements and the additional
requirements of this provision. Failure to meet the requirements of this provision may, or may not be a
violation of the administrative rules. If a subcontractor’s equipment fails to meet the Division 43
requirements, then enforcement action should be taken consistent with Fire Protection Program policy. If
the equipment meets the Division 43 requirements, but fails to meet the additional standards specified in this
provision, then enforcement action under the fire laws cannot be taken. It should be handled as a contract
non-compliance issue, and the operation should be suspended until the proper equipment is in place.
APPROVAL AUTHORITIES
The Contract Administrator has the authority to determine compliance with this provision. If a violation of the
fire laws has occurred, the CA must be a certified Fire Warden to take enforcement action.
WHO TO CALL
Either the District Fire Protection Staff or the Salem Protection Staff will be able to assist as needed.
TRAINING
A “how-to” classroom module with assistance from Salem Protection Staff and/or Basic and Advanced Forest
Law are required to be a Level A fire warden
[THE FOLLOWING PROVISION WILL APPEAR IN THE CONTRACT IF THE PURCHASER IS
REQUIRED TO BUILD FIRE TRAILS FOLLOWING COMPLETION OF HARVESTING ON ONE OR
MORE AREAS OF THE TIMBER SALE]
PROVISION
Section 2550. Fire Trails. PURCHASER shall construct fire trails in accordance with the
following instructions and as directed by STATE. PURCHASER shall notify STATE at least
5 days before beginning any fire trail construction.
[ONE OR MORE OF THE FOLLOWING STATEMENTS MAY APPEAR IN THE CONTRACT
DEPENDING ON DECISIONS MADE DURING SALE PREPARATION]
()
PURCHASER shall construct fire trails around the perimeter of (Area(s) * _______________)
(*the Timber Sale Area) (*and around wildlife trees and Stream Buffers) using methods and
at locations designated by STATE.
()
PURCHASER shall construct fire trails around heavy accumulations of flammable debris in
the immediate vicinity of each Landing, as directed by STATE.
()
Tractor fire trails shall be (*at least *
waterbarred, as directed by STATE.
()
Hand-constructed fire trails shall be cleared to mineral soil for a width of not less than *___
feet. Heavy accumulations of flammable debris shall be moved back from the trail, 10 feet or
more on each side, as directed by STATE. Cup trenches and waterbars may be required on
hand fire trails, as directed by STATE.
()
For a width of *
feet inside fire trails, PURCHASER shall remove all nonmerchantable
logs, windfalls, limbs, and tops which are larger than *
inches in diameter at the larger
end. This material shall be deposited at locations and in a manner designated by STATE.
feet wide,) cleared down to mineral soil, and
[THIS LANGUAGE WILL APPEAR IF THERE ARE MULTIPLE SALE AREAS WHERE FIRE
TRAIL CONSTRUCTION IS REQUIRED]
If STATE determines that fire trails are not needed, PURCHASER shall pay to STATE $*
for Area *
, $*
for Area *
, and $*
for Area *
. If STATE determines
that fire trails are not needed on any portion of a Timber Sale Area, PURCHASER shall pay $*
per foot for tractor trails not built and $*
per foot for hand trails not built.
[THIS LANGUAGE WILL APPEAR IF FIRE TRAIL CONSTRUCTION IS ONLY REQUIRED FOR
A SINGLE SALE AREA]
If STATE determines that fire trails are not needed, PURCHASER shall pay $*
to
STATE. If STATE determines that fire trails are not needed on any portion of the Timber Sale
Area, PURCHASER shall pay
$*
per foot for tractor trails not built and $*
per foot for hand trails not built.
[THIS LANGUAGE WILL APPEAR WHERE SLASH PULLBACK WAS ANTICIPATED FOR
MORE THAN ONE SALE AREA]
If STATE determines that Slash (*pullback) (*throwback) is not needed, PURCHASER shall pay to
STATE
$*
for Area *
, $*
for Area *
, and $*
for Area *
. If STATE
determines that Slash (*pullback) (*throwback) is not needed on any portion of a Timber Sale
Area, PURCHASER shall pay
$*
per foot for portions not treated.
[THIS LANGUAGE WILL APPEAR WHERE SLASH PULLBACK WAS ONLY ANTICIPATED FOR
A SINGLE SALE AREA]
If STATE determines that Slash (*pullback) (*throwback) is not needed, PURCHASER shall pay $*
to STATE. If STATE determines that Slash (*pullback) (*throwback) is not needed on any portion
of the Timber Sale Area, PURCHASER shall pay $*
per foot for portions not treated.
Rev. 10/04
INTENT/EXPLANATION
This section specifies how, when, and where fire trails are to be constructed by the Purchaser. This section
also lists dollar amounts to be paid by Purchaser if fire trails and/or slash pullback are not necessary.
POLICY REFERENCES
None.
GUIDANCE FOR ADMINISTERING THE PROVISION
The selection of the appropriate combination of requirements for fire trails is made by the personnel
preparing the contract based on their best judgment of what the needs will be after logging. The Contract
Administrator may find it necessary to adjust the requirements through a contract modification with the
Purchaser if the original requirements do not fit the conditions after logging.
Determining whether or not fire trails are adequate is a matter of judgment based upon when and how the
trails are to be used. If the Contract Administrator is uncertain about the need for fire trails, they should
request assistance from an experienced Unit Forester or other district staff member. An understanding of
whether site preparation burning will be necessary is the key to making this assessment. Reforestation
personnel typically make such evaluations, and it is important to consult with them prior to completion of
harvesting to resolve any questions about the need for burning, and therefore the need for fire trails.
Contract Administrators may have difficulty in getting fire trailing done in a timely manner. Depending
upon the provisions of the contract, fire trailing on completed settings as required by this section may be
required before moving to another setting, but only if this option is included in Section 2365, Progressive
Operations. If required by Section 2365, failure to construct fire trails before moving to another setting is a
violation of the contract, and should result in a suspension of operations until the trails are constructed.
If Section 2365 cannot be applied, and the Contract Administrator is unable to get timely construction of fire
trails, the following steps should be taken:
1. Prior to the expiration date of the contract, notify the Purchaser through an Inspection Report, Form
341-102 and/or Important Notice, Form 343-364, of the fire trailing remaining to be done.
2. When it is obvious that the Purchaser will not have the fire trails constructed by the termination date
of the contract, submit a Status Report, Form 341-220, to the Asset Management Unit, indicating the
work to be done and the date by which it must be completed. The Asset Management Unit will put
the Purchaser and their bonding company or surety on notice of the date by which the work must be
completed. If the work is not done by this date, State may do the work or contract to have it done,
and bill the Purchaser for the cost.
This provision also provides for payment to State, if it is determined that fire trails and/or related work
under this section are not needed. This decision rests solely with the State. Every effort should be made to
determine if fire trails will be needed during sale preparation. However, this is not always possible. This
provision allows the State to recover appraised cost of fire trails, if it is determined after logging that fire
trails are not needed.
APPROVAL AUTHORITIES
The Contract Administrator has the authority to determine compliance with this provision, and to determine
whether or not fire trails are needed, in consultation with the Unit Forester and Reforestation personnel.
WHO TO CALL
Questions regarding Purchaser payments for reduction in the amount of fire trail construction should be referred
to the Contracts Team Leader. Questions regarding the need for fire trails should be discussed with
Reforestation and/or Protection Unit personnel.
TRAINING METHODS
On the job training with Unit Forester, experienced Contract Administrator, and Reforestation and
Protection Unit personnel. Participation in District Fire School to learn fire trailing techniques and
standards. Training and participation in wildland fire suppression.
PROVISION
Section 2560. Slash Disposal.
[THERE ARE THREE POSSIBLE OPTIONS THAT CAN BE SELECTED DURING SALE
PREPARATION TO REQUIRE SLASH DISPOSAL PROJECT WORK FROM THE
PURCHASER. ONLY ONE OF THE FOLLOWING THREE OPTIONS SHOULD APPEAR IN
THE CONTRACT.]
[ONE OR MORE OF THE FOLLOWING STATEMENTS WILL APPEAR IN THE CONTRACT
WHEN SLASH PILING BY THE PURCHASER WAS SELECTED AS THE DESIRED OPTION]
PURCHASER shall expend *
hours of track-mounted excavator time on the Timber Sale
Area(s) for the purpose of brush and Slash piling as specified in Exhibit *
and as directed by
STATE. If STATE determines that fewer hours are needed, PURCHASER shall pay to STATE $*
per hour for each hour not authorized. Slash piling shall commence within 14 days after
completion of log Yarding on all Timber Sale Areas and continue until it is completed or until the
maximum number of hours specified above are reached, unless otherwise directed in writing by
STATE.
Slash piling shall not be allowed from *
otherwise approved in writing by STATE.
through *__________
All Slash near openings and Landings shall be piled no closer than (*
Trees.
, unless
*15) feet to any Residual
PURCHASER is required to dispose of Slash on (*Area(s) *
Timber Sale Area) according to Project No. *
.
) (*the
If, during the term of this Contract, STATE determines that Slash disposal by PURCHASER is not
required on (*Area(s) *
) (*the Timber Sale Area), PURCHASER shall pay
to STATE $*
for
Area *
and $*
for Area *
. Upon receipt of the payment, STATE
shall issue a release to PURCHASER, relieving PURCHASER of the responsibility for the disposal
of Slash for the area involved.
[ONE OR MORE OF THE FOLLOWING STATEMENTS WILL APPEAR IN THE CONTRACT
WHEN SLASH PILE BURNING BY THE PURCHASER WAS SELECTED AS THE DESIRED
OPTION]
Upon satisfactory completion of harvesting activities by PURCHASER on the Timber Sale Area,
STATE shall dispose of all Slash piles created at the Landings and within the Timber Sale Area by
burning.
PURCHASER shall comply with Slash Hazard Abatement requirements as established by the
ODF District in which the Timber Sale Area is located.
All Slash piles shall have an 8-foot wide fire trail constructed around them.
$5,000 of the performance bond shall be held until it is determined by STATE that all Slash piles
have burnt completely clean and no visible smoke or heat is evident.
If any Slash pile shows evidence of smoke or heat and needs to be mopped up, STATE shall
notify PURCHASER. Unless otherwise directed by STATE, PURCHASER shall immediately
proceed to control and mop up the Slash piles, and not leave the site unattended until completely
extinguishing the Slash piles.
Upon completion of all provisions of this Contract, STATE shall issue a release pursuant to ORS
477.580 relieving PURCHASER of the responsibility for the disposal of Slash on the Timber Sale
Area. PURCHASER’s responsibility shall be continuous until such a release is issued.
[THE FOLLOWING STATEMENT WILL APPEAR IN THE CONTRACT WHEN PURCHASER IS
NOT BEING REQUIRED TO COMPLETE ANY SLASH DISPOSAL WORK, AND NO SLASH
RELEASE PAYMENT IS BEING REQUIRED]
Upon completion of all provisions of this Contract, STATE shall issue a release pursuant to ORS
477.580 relieving PURCHASER of the responsibility for the disposal of Slash on the Timber Sale
Area. PURCHASER’s responsibility shall be continuous until such a release is issued.
[THE FOLLOWING STATEMENT WILL APPEAR IN THE CONTRACT WHEN PURCHASER IS
NOT BEING REQUIRED TO COMPLETE ANY SLASH DISPOSAL WORK, BUT A SLASH
RELEASE PAYMENT IS BEING REQUIRED ]
Upon satisfactory completion of harvesting activities by PURCHASER on the Timber Sale Area,
PURCHASER shall pay $*
to STATE. The payment is for the release of PURCHASER's
obligations to dispose of the slashings created and is in addition to any other payments required
under the Contract. STATE reserves the option to require partial payments of this amount based
upon the percent of the Timber Sale Area completed.
Upon completion of all provisions of this Contract, STATE shall issue a release pursuant to ORS
477.580 relieving PURCHASER of the responsibility for the disposal of Slash on the Timber Sale
Area. PURCHASER’s responsibility shall be continuous until such a release is issued.
Rev. 06/05
[SLASH RELEASE- THE FOLLOWING LANGUAGE APPEARS IN THE CONTRACT WHERE IT
HAS BEEN DETERMINED THAT NO SPECIFIC SLASH TREATMENT OR DISPOSAL WORK
WILL BE REQUIRED OF PURCHASER.]
Upon completion of all provisions of this contract, STATE shall issue a release pursuant to ORS
477.580 relieving PURCHASER of the responsibility for the disposal of slash on the timber sale
area. PURCHASER's responsibility shall be continuous until such a release is issued.
[PAYMENT – THE FOLLOWING LANGUAGE APPEARS IN THE CONTRACT WHERE IT HAS
BEEN DECIDED THAT A PRE-DETERMINED PAYMENT WILL BE REQUIRED FROM
PURCHASER AS A CONDITION OF ISSUING THE SLASH “RELEASE”]
Upon completion of harvesting activities required of PURCHASER on the timber sale area,
PURCHASER shall pay STATE $*
. The payment is for the release of PURCHASER's
obligations to dispose of the slashings created. STATE reserves the option to require partial
payments of this amount based upon the percent of the timber sale area completed.
Upon the receipt of payment, STATE shall issue a release pursuant to ORS 477.580 relieving
PURCHASER of the responsibility for the disposal of slash for the area involved. PURCHASER's
responsibility shall be continuous until such a release is issued.
[PAYMENT – THE FOLLOWING LANGUAGE MAY APPEAR IN THE CONTRACT WHERE IS
HAS BEEN DECIDED THAT A PAYMENT FROM THE PURCHASER WILL BE REQUIRED AS A
CONDITION OF SLASH RELEASE, BUT A PRE-DETERMINED AMOUNT HAS NOT BEEN
SPECIFIED]
Upon completion of harvesting activities required of PURCHASER on the timber sale area,
PURCHASER shall pay STATE for any additional hazard created by the operation, pursuant to
ORS 477.580.
PURCHASER's responsibility shall be continuous until such a payment is made and a written
release is issued.
INTENT/EXPLANATION
This provision specifies whether, and how, the Purchaser is required to treat or dispose of slash created by
the operation. It also specifies how Purchaser will be released from any liability under the “additional slash
hazard” provisions of Oregon law. Different optional language that appears in the contract leads to different
requirements on the part of the Purchaser, and different obligations for slash hazard release on the part of
the State.
POLICY REFERENCES
ORS 477.580 - Determination of Additional Fire Hazards; Notice to Landowner; Plan for Reducing Hazard;
Release from Liability.
http://landru.leg.state.or.us/ors/477.html - Link to ORS Chapter 477
OAR 629-024-0300 & 0301 - Disposal of Slashing.
OAR 629-043-0065 - Payment for Slashing.
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_043.html - Link to OAR Division 43 – Fire
Prevention
Directive 1-1-1-102 Forest Operator-Landowner Liability Law Administration.
\\Salem10a\secure\Policy\PDF Hyperlink\1-1-1-102-04-01-1980.pdf
Directive 1-1-2-201- Request to Assume Obligations Under ORS 477.580.
\\Salem10a\secure\Policy\Word\1-1-2-201-12-01-1976.doc
Emergency Directive 3-4-3-700 - Releasing Purchasers from Slash Responsibility on State Timber Sales.
GUIDANCE FOR ADMINISTERING THE PROVISION
Since there are several possible options that may appear in this section of the contract, the guidance is
organized around the three options that may appear.
Slash Piling/Treatment Project Work It is important to understand that the slash piling and slash treatment work that is required by the contract
was determined based on a pre-harvest assessment, and assumptions about the quantity and distribution of
the slash that is expected to result. Many factors can influence the actual quantity and distribution of slash
that eventually results from operations. Slash disposal on state timber sales is almost exclusively for
silvicultural reasons, to dispose of slash that will interfere with meeting reforestation objectives. The
Contract Administrator should closely monitor harvest operations to assess how the quantity and
distribution of slash may impact reforestation efforts. Direct consultation and on-site inspections with
Reforestation personnel is recommended if there are questions about whether the required slash treatments
are necessary.
Slash piling requirements should be discussed with the Purchaser and subcontractors before landing
locations are finalized and operations begin. To the extent possible slash piles should be created in a
manner that will facilitate safe and effective burning, and minimize the potential for burning adjacent timber
or other resources that could be damaged. Close contract administration may be necessary to ensure that
slash disposal objectives are being met, and that the subcontractor/Purchaser are making efficient use of the
time allowed for piling. Depending on whether and when slash piles are to be burned, it may also be
necessary to coordinate with the Purchaser or with Reforestation personnel to cover piles with approved
materials to keep portions dry enough for ignition after fall rains.
Any instructions relative to fire trailing and snag felling should be documented in writing by the Contract
Administrator. Acknowledgment of the instructions by the Purchaser is equally important. Certified or
registered letters with instructions will serve as documentation that the instructions were received by the
Purchaser. Instructions should be sent well in advance of the time when the work must be done. A deadline
date should be set by which time the work must be completed. The notice should also stipulate that if the
work is not done as directed by the deadline date, State may do the work or have it done and bill the
Purchaser for the cost. There should be no hesitation on the part of State to do the work or have it done if
the Purchaser fails to do the work as directed.
Purchaser Burns –
In 2008, the Department eliminated the option of requiring Purchasers to conduct broadcast slash disposal
burns under the contract. For older contracts that may still contain Purchaser broadcast burn requirements,
the Contract Administrator should consult with District Managers and Asset Management Unit staff
regarding a contract modification to eliminate the Purchaser burn requirement.
If the contract contains a requirement for Purchaser to burn slash piles, State still retains responsibility as
landowner, and is required to maintain control and supervision over the burning operation. If the Contract
Administrator does not meet agency training and certification standards for the prescribed fire operation,
then another qualified ODF employee should be made responsible for overseeing the burning operation onsite. The following process should be followed in preparing for and supervising slash pile burning by the
Purchaser:
1. When a sale is nearing completion and the Purchaser will be required to burn the slash piles, the
Contract Administrator should coordinate with Protection Unit personnel to complete the necessary
Smoke Management Program burn unit registration and plans for the units involved. Coordination
with the Reforestation staff may also be necessary, as slash pile burning accomplishment often
affects other site preparation and tree planting schedules.
2. The Contract Administrator should coordinate with Protection Unit personnel and the Purchaser to
prepare a Burn Plan for each unit that has been registered in the Smoke Management database. The
burn plan should specify requirements for ignition, control, mop-up and patrol as needed for a safe
and effective burn. This could include the location of any required fire trails, type and amount of
any fire suppression equipment, the number of personnel to be on-site during the burning, and the
method of ignition. The burn plan should clearly establish that ODF, as landowner, will maintain
direct control and supervision of the burning activity when the plan is implemented. Requirements
for the Purchaser to patrol units following any required mop-up activities should be carefully
considered and only used in very limited circumstances. Patrol implies a requirement to take
suppression action if a problem is discovered, and that raises the potential for a Purchaser to be
responsible for fire suppression actions on state land that are not under the direct control and
supervision of a qualified ODF employee. If Purchaser patrol requirements are specified, the plan
must describe how ODF will maintain the required control of any suppression operations that result.
Burn plans should be reviewed and approved by District Protection Program personnel consistent
with district policy.
3. Once the burn units are registered and the burn plans have been prepared and approved, the Contract
Administrator should coordinate with Protection Unit personnel to monitor daily Smoke
Management forecasts and instructions, and coordinate with the Purchaser to assure their ability to
respond if a suitable forecast appears. When a burn day occurs, and Purchaser is prepared to provide
the required resources, a burning permit must be obtained from Protection Unit staff. The burning
permit should be issued to a qualified ODF employee (either the Contract Administrator or another
certified individual), and that person should maintain direct control and supervision of the ignition
and burning operations on-site at all times until Purchaser has met their contractual obligations.
Most pile burning operations, if conducted after sufficient fall rains have diminished overall fire danger, can
be considered “low risk” in terms of complexity. The ODF employee with control over burn operations on
a “low risk” burn should be qualified as a Burn Boss or Single Resource Boss. If specific burn plans are
identified as “moderate” complexity, then a qualification level of ICT4 or TFLD should be required. Higher
complexity level burns should be supervised by a burn boss with ICT3 or DIVS qualification level. This
should be established during the burn plan review and approval process in consultation with Protection Unit
personnel.
Additional Hazard Releases –
Depending on which slash release language appears in the contract, there will be different requirements that
have to be met by a Purchaser before they can be released from any liability for additional slash hazard that
resulted from the operations. In reality, what is really occurring in the “release” process is that the State, as
landowner, is assuming the obligation that the Oregon Statutes place on the operator who has created an
additional hazard.
Generally speaking, it is not the Department’s intent as landowner to hold Purchasers and subcontractors
responsible for slash hazard on state timber sales any longer than necessary to complete required operations.
For most state forest timber sale operations, particularly those in second growth stands, creation of slash that
constitutes an additional hazard is rare. To constitute an additional hazard that requires an assumption of
obligations by the Department, the slash remaining after operations must be rated in accordance with Fire
Protection Program policies and guidance. Consideration for applying additional hazard on state forest land
should be consistent with the process used on other forestlands on the district. The rating should be done by
a Stewardship Forester or other appropriate District Protection Unit personnel. If the rating determines that
an additional hazard exists, then the issuance of a release will depend on the specific requirements included
in the provision language. If it is determined that no additional hazard exists, then a release is not required.
If slash treatment or disposal work is specifically required through this, or other provisions in the contract,
then the slash hazard release is typically made contingent upon completion of that work. If there is no
specific slash treatment or disposal work required by this or other provisions of the contract, then the
language requiring issuance of a slash release after completion of all work should appear in the contract.
Additional hazard releases should be issued immediately upon completion and acceptance of the required
work in either event. The actual release is issued by completing and submitting the "Owner Request to
Assume Obligation", Form 1-1-3-100.
Purchaser Payment Required –
If the optional language requiring a specific payment from the Purchaser as a condition for the slash hazard
release appears in the contract language, then upon completion of other operations, the Contract
Administrator should promptly notify the Asset Management Unit via a Timber Sale Status Report, that all
other work has been completed, and the Purchaser should be requested to make the required payment. This
can occur on a unit by unit basis as the timber sale proceeds, with partial payments made by the Purchaser.
It is important to understand that this payment is required regardless of whether or not an additional hazard
is actually determined to exist.
If the language appears that requires a Purchaser payment if an additional hazard determination is made,
then a payment may or may not result. If the post-harvest slash rating results in the determination that an
additional hazard exists, then the payment required will be the amount specified in the Notice of Additional
Hazard. Once the payment amount has been determined through this process, the Contract Administrator
should promptly notify the Asset Management Unit via a Timber Sale Status Report that all other work has
been completed, and the Purchaser should be requested to make the required payment.
Once a required payment or partial payment has been received, the Contract Administrator should complete
and submit the “Owner Request to Assume Obligation” form as described in the previous sub-section.
APPROVAL AUTHORITIES
Purchaser Burns - Burn plans must be reviewed and approved by designated District Protection Unit personnel.
This may vary from district to district, depending on available staff and their work assignments. Training and
certification to meet the required burn boss qualification (or other equivalent listed above) is approved through
the performance based (Task Book) system administered through the Protection Program. District Foresters
have the authority to certify personnel as meeting the required training and performance for specific positions.
Burning permits must be issued by a certified Fire Warden. District Foresters have the authority to certify Fire
Wardens under Department policy.
Additional Hazard Releases – Slash ratings can be completed by any certified Fire Warden – Level A, but it is
strongly recommended that the Contact Administrator have Protection Unit personnel do the post-harvest rating
to ensure consistent application across all landowners in the district. If an additional hazard exists, the
landowner assuming the obligation is ODF, and the approval authority for State Forests is the Chief of State
Forests.
WHO TO CALL
Questions regarding burn plans and burning permits should be directed to District Protection Unit staff.
Questions regarding Purchasers obligation or performance under this provision should be directed to the
Contracts Team Leader in Salem. Questions regarding additional hazard and slash rating should be directed to
District Protection Unit staff and/or Program Staff in Salem.
TRAINING METHODS
Contract Administrators should attend required Forest Law training to be certified as Level A Fire Wardens,
so that they have a complete understanding of the Landowner/Operator Liability laws referenced in this
provision. To the extent that a Contract Administrator is expected to perform in the capacity of a burn boss
for any required Purchaser burning activity, they must have completed the required training and
performance based task books for the appropriate positions.