Bureau of Forestry responsibility for structural fires

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) L ST A TE OF MAINE lnter.-Departmental Memorandum Date September 7, 1 9 79 To Albert Willis ,yf: from Jeffre~ R. Pidot, Assistant Dept. __ B_u_r_e_a_u __ o_f_F_· o_r...,.. __ e_s_t_r~y.____ ____ _ Dept. __ A~t~t~o~r~n~e~y_G_e'--n"-'-'--e~r....cac..clcc__ _____ _ S11bject --=B-"u-'-"r'--e~a=u=-~o'"""'fcc__F~o_r_e_s_t_r~y_R_e_s..,._p_o_n_s_1_· b_i_l_i_t_y __ f_o_r_S_t_r_u_c_t_t:_1_r __ a_l_F_i_r_e_s _____ ~-- ) I You have inq~ired whether the Maine Bureau of Forestry has any legal responsibility either (1) to provide fire protection for build- ings and structures within the Maine Forestry District (the "District"), or (2) to reimburse municipalities which are not part of the District for costs of structural fire protection services voluntarily provided to unorganized townships within the District. For the following reasons, my response to both of these questions is in the negative. Under its legislation,* the Bureau of Forestry is to "have the responsibility for the control of forest fires in all areas of the State." 12 M.R.S.A. § 8002(1) (a). The Bureau of Forestry has a direct obligation to provide for prevention and control of forest fires in the Maine Forestry District and, in addition, has more indirect respon- sibilities with respect to forest fire control in municipalities outside of the District. 12 M.R.S.A. §§ 1203, 9201. However, there is in the Bureau's statutes no creation of any power or duty, nor indeed is there any broad expression of any purpose or intent, which may be said to obligate the Bureau to undertake control or suppr~ssion of building or other structural fires which do not affect the forest resource. The second part of your question is whether the Bureau may have some duty to reimburse municipalities which are not members of the District for structural fire control services which are volunteered to landowners within the District. Again, absent some expression of legislative direction in this matter, no such obligation may be said to exist. The Bureau's laws do provide for partial reimbursement of costs incurred by municipalities which are members of the District "for fire prote~~ion other than what the Maine Forestry District provides." 12 M.R.S.A. § 1601-A. While the purposes for which such reimbursement may be applied are less than precisely stated inthe law, the avail- ability of such reimbursements is clearly limited to member municipali- ties in the District. Municipalities which are not members of the District are provided by the Bureau of Forestry partial reimbursement for costs incurred in controlling and extinguishing forest fires. 12 M.R.S.A. §§ 9204, 9205. However, such reimbursement is clearly limited to costs incurred for forest fire protection. * I have considered your questions in light of the statutes of the Bureau of Forestry as recodified in 1979. 12 M.R.S.A. §§ 8001, et seq., P.L. 1979, c. 545. This recodification, which did not substantively alter the preexisting law with respect to the matters here in issue, will take effect on September 14, 1979. Memo from Page Re: to Albert Willis, Bureau of Forestry Jeffrey R. Pidot, Assistant Attorney General Two - September 7, 1979 Bureau of Forestry Responsibility for Structural Fires In sum, there appears no requirement in the Bureau's statutes that it either directly furnish structural fire protection services or reimburse municipalities, not members of the District, for costs incurred in providing such services to landowners within the District. These conclusions are further supported by the fact that, as to many of the unorganized townships within the District, the law provides that the respective county commissioners may make arrangements for the provision of and payment for structural fire protection services. 30 M.R.S.A. §§ 1201, 1202. If I can be of any further assistance in this matter, please let me know. JRP/d cc: Steve Diamond v