Attachment 5.pdf

San Juan Public Lands Industrial Fire Plan

Industrial Operations San Juan National Forest

BLM San Juan Resource Area

This plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile ( 0.5 miles ) of the project boundary.

R2-CT7.2 – Fire Precautions (9/93)

SMOKING AND LUNCH FIRE RESTRICTIONS

Smoking is prohibited except inside a building, developed recreation site, vehicle, or while seated in an area of at least three feet in diameter that is barren or cleared of all flammable materials. 36 CFR 261.52(d), 42 CFR 9212(a).

The building of camp, lunch, warming and other fires within the project area and vicinity is prohibited, except at established camps or at other safe places where all flammable material has been cleared away sufficiently to prevent the start and spread of wildfires.

The Forest Service/BLM may, upon written request, designate specific places where campfires may be built for purposes of heating lunches.

SPARK ARRESTERS AND MUFFLERS

Operating or using any internal combustion engine, on any timber, brush, or grass covered land, including trails and roads traversing such land, without a spark arrester, is prohibited. The spark arrester must be maintained in effective working order, meeting either (1) Department of Agriculture, Forest Service/BLM standard 5100, Spark Arresters for Internal Combustion Engines (current edition); or (2) the Society of Automotive Engineers (SAE) recommended Practices J335, Multiposition Small Engine Exhaust System Fire Ignition Suppression (current revision), and J350, 36 CFR 261.52(j), 43 CFR 9212.1(h).

Passenger vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications.

Exhaust systems shall be properly installed and continually maintained in serviceable condition.

FIRE EXTINGUISHERS AND TOOLS ON EQUIPMENT

While in use, each piece of equipment with an internal combustion engine shall be provided with at least the following:

(a) One fire extinguisher, at least 5# ABC with an Underwriters Laboratory (UL) rating of 3A – 40BC, or greater.

(b) One shovel, sharp, size 0 or larger, round-pointed with an overall length of at least 48 inches.

(c) One axe, sharp, double bit 3-1/2 #, or one sharp pulaski.

Extinguishers, shovels, axes, and pulaskis shall be mounted so they are readily available to the operator. All tools shall be maintained in a serviceable condition.

POWER SAWS

Each gasoline engine power saw shall be provided with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight, and one size 0 or larger, round-pointed shovel with an overall length of at least 48 inches. The extinguisher and shovel shall be maintained in good working order. The extinguisher shall be with the power saw operator and immediately available for use at all times. The extinguisher shall not be affixed to the saw. The shovel shall be readily available to the operator of the saw at all times. Having the shovel with the gas can used to refuel the saw may be considered “readily available” if not more than 200 feet from the saw. During periods of critical fire danger, the Forest Service/BLM may prescribe other precautionary measures.

Any fueling or refueling of a power saw shall be done in an area which has first been cleared of material which will carry fire. The power saw shall be moved at least 10 feet from the place of fueling or refueling before starting.

BLASTING AND WELDING

The use of fuses in blasting shall not be permitted except near power lines where the danger of accidental detonation is present, and then only by special written permission of the Forest Service/BLM. Whenever the relative humidity falls below 50 percent, the Contractor shall place a watchman at each point where blasting is done who shall remain on duty for at least one hour after blasting is finished, and who shall be equipped with a shovel and a water-filled backpack can equipped with hand pump. During periods when the relative humidity falls below 20 percent, blasting shall be discontinued unless authorized, with special provisions, in writing by the Forest Service/BLM. Blasting shall not be permitted in any area not cleared to mineral soil without advance written approval of the Forest Service/BLM and with such special precautions as may be required.

Prima Cord shall not be used in clearing operations, and in other areas where timber has been felled and slash not burned.

Unless otherwise directed in writing by the Forest Service/BLM, all flammable material shall be cleared for 10 feet around any piece of equipment being welded. In addition, the

Contractor shall provide a fire extinguisher of a size and type designed to extinguish a fire in the flammable materials surrounding the spot being welded.

In order to determine the relative humidity, the operator shall either (a) provide and maintain weather instruments that will measure relative humidity in the area where the blasting will occur; or (b) provide communications to obtain weather data from the Forest Service/BLM.

Explosives shall be stored at all times in a locked box marked “Explosives”. Powder and blasting caps shall be stored in separate boxes.

STORAGE OF FLAMMABLES

Gasoline, oil, grease and other highly flammable material shall be stored either in a separate building, or at a site where all debris is cleared within a radius of 25 feet.

Storage buildings or sites shall be a minimum distance of 50 feet from other structures.

Storage buildings shall be adequately posted to warn of the flammables and to prohibit smoking in or around the building.

CAMP FIRE PROTECTION

The ground around all trailers, buildings, and other facilities constructed or placed on or near the project area shall be kept free of flammable material for a distance of at least 20 feet from the wall of such structure. Burning of such flammable material shall be as prescribed by the Forest Service/BLM in writing.

Stovepipes of all wood burning stoves shall be equipped with suitable roof jacks and serviceable spark arresters. Stovepipes shall be no closer than 2 feet from any wood or other flammables unless adequately protected by metal or asbestos shield.

BT7.0 – Fire Precautions and Control

BT7.1 PLANS

Prior to initiating the Contractor’s operations during the Fire Precautionary Period, which is from May to October , the Contractor shall file with the Forest Service/BLM a Fire Prevention and Control Plan providing for the prevention and control of fires on the project area. The Plan shall include a detailed list of personnel and equipment at the Contractor’s disposal for implementing the Plan. This requirement may be met by preparing a single Plan for more than one project.

BT7.2 FIRE PRECAUTIONS

Specific Fire Precautionary measures listed in CT7.2 shall be applicable during the Contractor’s operations in the Fire Precautionary Period. The Contracting Officer may change the dates of the Fire Precautionary Period by advance written notice, if justified by unusual weather or other conditions. Required tools and equipment shall be kept in serviceable condition and immediately available for fire fighting at all times during the Contractor’s operations in the Fire Precautionary Period.

BT7.21 SUBSTITUTE PRECAUTIONS

The Forest Service/BLM may authorize substitute measures or equipment, or waive specific requirements by written notice, if substitute measures or equipment will afford equal protection, or some of the required measures and equipment are unnecessary.

BT7.22 EMERGENCY PRECAUTIONS

The Forest Service/BLM may require the necessary shutting down of equipment on portions of the Contractor’s operations when emergency fire precautions are necessary.

Under such conditions, after the Contractor ceases active operations, the Contractor shall release for hire by the Forest Service/BLM, if needed, shutdown equipment for fire standby on the project area and personnel for fire standby or fire patrol, when such personnel and equipment are not needed by the Contractor for other fire fighting or protection from fire. Equipment shall be paid for at fire fighting equipment rates common in the area or at prior agreed rates and, if Contractor requests, shall be operated only by personnel approved by the Contractor. Personnel so hired shall be subject to direction and control by the Forest Service/BLM and shall be paid by the Forest Service/BLM at fire fighting rates common in the area or at prior agreed rates.

BT7.3 FIRE CONTROL

The Contractor shall, both independently and in cooperation with the Forest Service/BLM, take all reasonable and practicable action to prevent and suppress fires resulting from the Contractor’s operations and to suppress any forest fire on the project area. The Contractor’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at the Contractor’s disposal on the project area.

BT7.31 CONTRACTOR’S REINFORCEMENT OBLIGATIONS

Whenever an Operations Fire or Negligent Fire, whether on or off the project area, or any other forest fire on the project area, has not been suppressed by initial action and appreciable reinforcement strength is required, the Forest Service/BLM may require further actions by the Contractor until such fire is controlled and mopped up to a point of safety. Such actions may include any or all of the following as necessary to fight such fire:

BT7.311 SUSPEND OPERATIONS

To suspend any or all of the Contractor’s operations.

BT7.312 PERSONNEL

To release for employment by the Forest Service/BLM any or all of the Contractor’s personnel engaged in the Contractor’s operations. Any organized crew so hired shall include the Contractor’s supervisor, if any. Personnel so employed shall be paid at the Forest Service/BLM standard emergency fire fighting rates.

BT7.313 EQUIPMENT

The Contractor shall make available for rental to the Forest Service/BLM any or all equipment suitable for fire fighting and currently engaged in the Contractor’s project area. The equipment shall be hired at firefighting equipment rates common in the area or at prior agreed rates.

Equipment shall be operated only by personnel approved by the Contractor, if so requested by the Contractor.

BT7.4 FIRE SUPPRESSION COSTS

The Contractor’s obligations for cost of fire suppression vary according to three classifications of fires as follows:

BT7.41 OPERATIONS FIRE

An Operations Fire is a fire caused by the Contractor’s operations other than a Negligent Fire.

The Forest Service/BLM, except as provided in BT7.3, shall, under 16 USC 572, perform fire suppression activities on Operations Fires. The Contractor agrees to reimburse the Forest Service/BLM for such cost for each Operations Fire The cost of the Contractor’s actions, supplies, and equipment on any such fire provided pursuant to BT7.3, or otherwise at the request of the Forest Service/BLM, shall be credited toward such maximum. If the contractor’s actual cost exceeds the contractor’s obligation stated above, the Forest Service/BLM shall reimburse the Contractor for the excess.

BT7.42 NEGLIGENT FIRE

A Negligent Fire is a fire caused by negligence or fault of the Contractor’s operations, including, but not limited to, one caused by smoking by persons engaged in the Contractor’s operations during the course of their employment, or during rest or lunch periods; or if the contractor’s failure to comply with the requirements of BT7.2 and BT7.3 results in a fire starting or permits a fire to spread. Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor.

BT7.43 OTHER FIRES ON PROJECT AREA

The Forest Service/BLM shall pay the Contractor, at fire fighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor pursuant to BT7.3, or otherwise at the request of the Forest Service/BLM, on any fire on the Project area other than an Operations Fire or a Negligent Fire.

BT7.5 STATE LAW

The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recoverable in an action based on State law, except for such costs resulting from Operations Fires. Amounts due the Contractor for fire fighting expenditures in accordance with BT7.41 shall not be withheld pending settlement of any such claim or action based on State law.

BT7.6 PERFORMANCE BY CONTRACTOR

Where the Contractor’s employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor’s operations in connection with fire responsibilities, the Contractor’s obligations shall be the same as if performance was by the Contractor.