Section 20.04.02.130 - LIABILITY01.State Liability. With the exception of cases of negligence on the part of the landowner, operator or their agents, liability for the cost of suppressing fires that originate on or pass through a slashing area remains with the State if one of the following alternatives is executed by the contractor:a. The contract area is covered by a Certificate of Compliance-Fire Hazard Management Agreement and all hazard money payments are current or a proper bond is in place.b. The contractor treats the slash in accordance with the standards outlined in the Section 120, Table II within the time period specified on the Agreement or approved extensions.c. The landowner or operator elects to enter into a contract with the State for management of the slash and liability of fire suppression costs in accordance with Section 38-404, Idaho Code.02.Contractor Liability. Should the contractor choose not to treat the slash or not enter into a contract with the State in accordance with Subsection 130.01, the contractor, in addition to forfeiting any applicable bond, is liable for fire suppression costs for all fires that originate on or pass through the contractor's slashing area. The contractor retains the full liability for five (5) years from the time the Agreement or any extension thereof expires, unless a clearance has been issued.03.Failure to Treat. Any contractor who fails to treat the fire hazard as outlined in Subsection 130.02, is liable for the actual costs of suppressing any wildfire that may occur on or pass through the area covered by the Agreement for an amount up to two hundred fifty thousand dollars ($250,000). If the same wildfire occurs on or passes through several areas covered by separate agreements or if several Agreements cover the same area, the contractor is liable for the actual cost of suppression up to one million dollars ($1,000,000). If a wildfire occurs on or passes through an area covered by separate Agreements with different contractors, the actual cost of suppression up to one million dollars ($ 1,000,000) will be shared by the contractors prorated on acreage included in their Agreements.04.Fees. Upon payment of the fees set forth in Table III, the State will assume liability for the cost of suppressing fires that originate on or pass through the contract area. TABLE III - ADDITIONAL FEE TO TRANSFER LIABILITY BY HAZARD POINTS |
POINTS | RATE |
6-10 | $1.00/MBF |
11-20 | $2.00/MBF |
21-30 | $3.00/MBF |
>30 | $4.00/MBF |
Additional fee rates for measurement other than board foot measurement are available upon request from any Department of Lands office.
05.Additional Fee. If the contractor is unable to reduce the hazard points on a contract area to the standards required for a clearance, but has completed some hazard reduction work, that contractor can discharge the remainder of his hazard obligation by returning a portion of his bond to the district and paying an additional fee to transfer liability. Use the following formula: [One minus (the acceptable hazard point or five, divided by the residual, or untreated hazard points)] multiply that ratio times the slash rate. This dollar amount should be multiplied by the total volume removed from the contract area. Add to that the additional fee to transfer liability (for the untreated hazard points, from Table III) times the total volume. When this amount is paid to the State the contract area can be cleared. Which can also be expressed as: (1-(5/U)) * B * V + (A*V) = Formula to transfer liability for a partially completed job.
Where:
U = Untreated or residual hazard points
B = Bond rate (usually $4.00 MBF) Ref. Section 050, Table I
A = Additional fee to transfer liability, Table III
V = Total volume removed from the contract areas
Idaho Admin. Code r. 20.04.02.130