Section 2570.2 - Definitions(a) Disaster Service Worker Volunteer. (1) A disaster service worker volunteer is any person registered with an accredited disaster council or the California Governor's Office of Emergency Services, or a state agency granted authority to register disaster service worker volunteers, for the purpose of engaging in disaster service pursuant to the California Emergency Services Act without pay or other consideration.(2) Disaster service worker volunteer includes public employees, performing disaster work outside their regular employment without pay, and also includes any unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency by a person having authority to command the aid of citizens in the execution of his or her duties.(3) Exclusion: Disaster service worker volunteer does not include any member registered as an active fire fighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the county, city, town or district in which such fire department is located.(b) Disaster Service. (1) Disaster service means all activities authorized by and carried on pursuant to the California Emergency Services Act while assisting any unit of the emergency organization during a proclaimed emergency or during a Search and Rescue mission, including approved, documented and supervised: * activities performed to mitigate an imminent threat of extreme peril to life, property and resources, and
* training necessary to engage in such activities.
Such activities are under the general direction of the accredited disaster council (or designated agency or authority) including how supervision will be performed (i.e. onsite, offsite) and who will act in a supervisory capacity, (i.e. paid staff, volunteers). It is the responsibility of the accredited disaster council (or designated agency or authority) that only persons with appropriate supervisory skills, as determined by the accredited disaster council (or designated agency or authority), act in a supervisory capacity.
(2) Exclusions. Disaster service does not include any activities or functions performed by a person if the accredited disaster council with which the person is registered receives a fee or other compensation for the performance of that person's activities or functions.(c) Training. For purposes of these regulations, training is a pre-authorized activity sponsored by an accredited disaster council (or designated agency or authority) and may include classroom instruction, disaster drills or exercises, or related activities designed to enhance the disaster response skills (including safety) of the disaster service worker volunteer. Out-of-state training conducted in a manner geographically and functionally specific to cross-border emergency response may also be considered a covered activity.(d) Disaster Council. A disaster council is a public agency established by ordinance which is empowered to register and direct the activities of disaster service worker volunteers within the area of the county, city, city and county, or any part thereof. In this respect, the disaster council is acting as an instrument of the state in aid of carrying out general state government functions and policy with regard to disaster services.(e) Accredited Disaster Council. A disaster council may become accredited through certification by the California Governor's Office of Emergency Services, when the disaster council agrees to follow and comply with the rules and regulations established by the California Governor's Office of Emergency Services pursuant to the provisions of the Emergency Services Act. Upon certification, and not before, the disaster council becomes an accredited disaster council. A disaster council remains accredited only while the certification of the California Governor's Office of Emergency Services is in effect and is not revoked.(f) Auxiliary Fire Fighter. An auxiliary fire fighter is a person recruited, registered and trained as a supplement or reserve for unusual fire emergencies or disaster situations. Workers' compensation benefits for uncompensated auxiliary fire fighters may be provided by the state. An auxiliary fire fighter is not a "volunteer fire fighter," who is a person recruited and trained to meet the day-to-day operational requirements of a fire department. Workers' compensation insurance premiums for the volunteer fire fighter are the responsibility of the local government or fire entity.(g) Public Employee. All persons employed by the state or any county, city, city and county, state agency or public district, excluding aliens legally employed, are considered to be public employees.(h) Convergent Volunteers. Convergent volunteers are individuals who come forward to offer disaster response and recovery volunteer services, during a disaster event. Convergent volunteers are not persons impressed into service at the scene of an incident.Cal. Code Regs. Tit. 19, § 2570.2
1. New section filed 2-8-99; operative 12-15-98. Submitted to OAL for printing only pursuant to Government Code section 8567(d) (Register 99, No. 7).
2. Change without regulatory effect amending subsection (a) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
3. Amendment of section and NOTE filed 12-17-2012; operative 12-17-2012. Submitted to OAL for filing and printing only pursuant to Government Code section 8567(d) (Register 2012, No. 51).
4. Change without regulatory effect amending subsections (a)(1) and (e) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19). Note: Authority cited: Sections 8567, 8585.5 and 8585.7, Government Code. Reference: Sections 3100, 8610 and 8612, Government Code; and Sections 3211.9, 3211.91, 3211.92, 3211.93, 3211.93a and 3600.6, Labor Code.
1. New section filed 2-8-99; operative 12-15-98. Submitted to OAL for printing only pursuant to Government Code section 8567(d) (Register 99, No. 7).
2. Change without regulatory effect amending subsection (a) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
3. Amendment of section and Note filed 12-17-2012; operative 12-17-2012. Submitted to OAL for filing and printing only pursuant to Government Code section 8567(d)(Register 2012, No. 51).
4. Change without regulatory effect amending subsections (a)(1) and (e) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).