R652-122-200. Cooperative Agreements

(1) The governing body of any eligible entity, as defined in Subsection R652-1-200(13), may enter into a cooperative agreement with the division to receive financial and wildfire management cooperation and assistance, as described in Section 65A-8-2, Fire Control. (2) The division shall determine the provisions of the cooperative agreement consistent with statutory requirements. (3) A cooperative agreement shall last for a term of no more than five years and be renewable if the eligible entity continues to meet the requirements. (4) A county that is assigned high risk wildland urban interface shall enter into a cooperative agreement with the division, pursuant to Section 17E-7-401. (5) The state shall assume all wildfire suppression costs beyond the delegation of authority to the state within the jurisdiction of the eligible entity to be paid by the Utah Wildfire Fund, except costs resulting from services within the eligible entity's regular budget or activities, if the eligible entity has entered into, and is in full compliance with the cooperative agreement with the division. (6) A county or municipality that has not entered into a cooperative agreement with the division, as described in Rule R652-122, or whose cooperative agreement has been revoked by the entity or the division, shall be responsible for abating the public nuisance caused by wildfire and for all associated costs within the county or municipality jurisdiction as outlined in Sections R652-120-300 through R652-120-400. (7) To enter into a cooperative agreement an eligible entity shall. (a) If the eligible entity is a county or municipality, adopt and enforce the wildland fire ordinance based upon minimum standards established in the Uniform Building Code in Section 15A-2-103; (b) Agree to require that the fire department or equivalent fire service provider under contract with, or delegated by, the eligible entity meet the minimum standards for wildland fire training, certification, and suppression equipment based upon nationally accepted standards as specified by the division; (c) Agree to a participation commitment requiring investment in prevention, preparedness, and mitigation efforts as agreed to with the division, which is intended to reduce the eligible entity's risk of catastrophic wildfire; (d) Agree to file with the division an annual accounting of participation commitment actions and compliance with the cooperative agreement. The accounting requirements shall be set forth by the division in policy and include at minimum the approved actions taken to meet the participation commitment; (e) Agree to return the Participation Commitment Statement described in Section R652-122-800, signed by the chief executive officer of the eligible entity, to the division on or before the date set by the division; (f) If the eligible entity is a county, agree to have a designated fire warden as described in Section 65A-8-209.1; (g) Take action to recover suppression costs pursuant to Section 65A-3-3; and (h) if the eligible entity is a political subdivision of a county or municipality, the county or municipality that is assigned high risk wildland urban interface pursuant to Section 17-16-22 must first have a cooperative agreement with the division prior to the political subdivision entering into an agreement. (8) The division shall send a Participation Commitment Statement to each eligible entity that details the eligible entity's participation commitment for the coming calendar year, including the preparedness, prevention, and mitigation actions agreed to by the eligible entity and the division. (9) Participation Commitment Statements are effective for one calendar year, beginning on the date set by the division. (10) A county or municipality may only assign to a political subdivision the following responsibilities in the cooperative agreement: (a) Wildfire suppression activities; (b) Fulfilling the participation commitment through wildfire prevention, preparedness, mitigation, or direct payment; and (c) Annually reporting on participation commitment actions. (11) If a county or municipality or political subdivision with assigned responsibilities under a cooperative agreement fails to comply with the cooperative agreement requirements, the division may assign to the county or municipality wildland fire suppression costs incurred on their behalf.